21 Del. C. § 4185 — Delaware Code / Title 21 / Chapter 41 / Subchapter XI / Section 4185
§ Â
        4185. Operating or riding as a passenger on a motorcycle; helmet and eye protection requirements for operating or riding as a passenger on a motorcycle.
Status: in_force

(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than 1 person in which event a passenger may ride upon the permanent and regular seat if designed for 2 persons or upon another seat firmly attached to the rear or side of the operator and said motorcycle shall be equipped with passenger footrests.

(b) (1) Except as provided under paragraphs (b)(2) and (b)(3) of this section, a person operating or riding as a passenger on a motorcycle on the roadways of this State shall have in that person’s possession a safety helmet approved by the Secretary of the Department of Safety and Homeland Security (“Secretary”) through the Office of Highway Safety and shall wear eye protection approved by the Secretary.

(2) A person up to 19 years of age operating or riding as a passenger on a motorcycle on the roadways of this State shall wear a safety helmet and eye protection approved by the Secretary.

(3) a. For the purposes of this paragraph (b)(3), a “newly-endorsed person” means a person who obtains an endorsement for a motorcycle on or after July 30, 2023.

b. A newly-endorsed person who is operating a motorcycle on the roadways of this State, or a person riding as a passenger on a motorcycle operated on the roadways of this State by a newly-endorsed person, shall wear a safety helmet and eye protection approved by the Secretary for the first 2 years after the newly-endorsed person obtains endorsement.

(4) A person operating or riding as a passenger on a motorcycle on the roadways of this State who fails to comply with this subsection is subject to a civil or administrative assessment of not less than $25 nor more than $50. An assessment or court cost other than those specified in this subsection may not be imposed. A violation of this subsection may not be classified as a criminal offense.

(c) The operator of a motorcycle shall keep at least 1 hand on a handgrip of the handlebars at all times when moving.

(d) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with 1 leg on each side of the motorcycle.

(e) No person shall operate a motorcycle while carrying any package, bundle or other article which prevents the person from keeping both hands on the handlebars.

(f) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
21 Del. C. § 808 — Delaware Code / Title 21 / Chapter 8 / Section 808
§ Â
        808. Forwarding of names to the Division of Motor Vehicles.
Status: in_force

(a) Except as to persons operating a commercial motor vehicle in violation of § 4176C of this title, § 703A of this title shall not apply to persons found responsible for civil traffic offenses. No record of a finding of responsible for a civil traffic violation shall be forwarded to the Division of Motor Vehicles and no entry shall be made on the person’s driving record for a civil traffic violation.

(b) The court, voluntary assessment center or other authorized entity shall forward to the Division of Motor Vehicles the name and address of a person who has:

(1) Been found responsible in court for a civil traffic offense and been ordered to pay a civil penalty, costs, or both, and who fails to pay such civil penalty, costs, or both at the time of the order or in accordance with a payment schedule;

(2) Failed to either pay the voluntary assessment within the time specified on the summons or notice or notify the court or other authorized entity within the required time, that the person wishes to have a hearing on the charge, or, submit an affidavit stating that the person was not the driver, if applicable; or

(3) Has requested a trial on the charge and has failed to appear at the time and place set for trial.
21 Del. C. § 4198H — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198H
§ Â
        4198H. Use of earplugs and headsets restricted.
Status: in_force

(a) A person shall not drive a bicycle with earplugs in both ears or while wearing a headset covering both ears.

(b) A prosthetic device which aids the hard-of-hearing is not an earplug or a headset under this section.
21 Del. C. § 6101 — Delaware Code / Title 21 / Chapter 61 / Section 6101
§ Â
        6101. Negligence of owners and drivers of rented vehicles; insurance of liability.
Status: in_force

(a) The owner of a motor vehicle who is engaged in the business of renting motor vehicles without drivers, who rents a vehicle without a driver to another, other than as a part of a bona fide transaction involving the sale of the motor vehicle, and permits the renter to operate the vehicle upon the highways and who does not carry or cause to be carried public liability insurance in an insurance company or companies approved by the Insurance Commissioner of this State insuring the renter against liability arising out of the renter’s negligence in the operation of the rented vehicle in limits of not less than the minimum financial responsibility limits required under § 2902 of this title, shall be jointly and severally liable with the renter for any damages caused by the negligence of the renter in operating the vehicle and for any damages caused by the negligence of renting the vehicle from the owner.

(b) Subsection (a) of this section shall not confer any right of action upon any passenger in any rented vehicle specified therein as against the owner, but nothing contained in this section shall prevent the introduction as a defense of comparative or contributory negligence, to the extent to which such defense is allowed in other cases.

(c) The policy of insurance referred to in subsection (a) of this section shall inure to the benefit of any person operating the rented vehicle by or with the permission of the person so renting it in the same manner and under the same conditions and to the same extent as to the renter. The insurance policy or policies above referred to need not cover any liability incurred by the renter of any vehicle to any passenger in such vehicle, provided the owner, upon renting any such vehicle to another without a driver, gives to the renter a written notice of the fact that such policy or policies do not cover the liability which the renter may incur on account of the renter’s negligence in the operation of such vehicle to any passenger in such vehicle.

(d) When any suit or action is brought against the owner under this section, the judge or court before whom the case is pending shall cause a preliminary hearing to be had in the absence of the jury for the purpose of determining whether the owner has provided, or caused to be provided, insurance covering the renter in the limits above mentioned. Whenever it appears that the owner has provided or caused to be provided insurance covering the renter in the sums above mentioned, the judge or court shall dismiss, as to the owner, the action brought under this section.
21 Del. C. § 6106 — Delaware Code / Title 21 / Chapter 61 / Section 6106
§ Â
        6106. Liability of foster parent for negligence of a child or individual.
Status: in_force

(a) For purposes of this section, “foster parent” means as defined in § 2302 of Title 13.

(b) When a child or an individual identified in § 9011A(g)(1) of Title 29 procures a valid policy of insurance through participation in the program established under § 9011A of Title 29, a foster parent of that child or individual, who causes or knowingly permits the child or individual to drive a vehicle on a highway, or who gives or furnishes a motor vehicle to the child or individual, is not jointly and severally liable with the child or individual for damages caused by the negligence of the child or individual in driving the vehicle, and the negligence of the child or individual may not be imputed to the foster parent for purposes of civil damages.

(c) When a child or an individual identified in § 9011A(g)(1) of Title 29 does not procure a separate valid policy of insurance and is instead insured by the private passenger insurance policy of the foster parent, a foster parent of that child or individual who causes or knowingly permits the child or individual to drive a vehicle on a highway, or gives or furnishes a motor vehicle to the child or individual, may be liable for damages caused by the negligence of the child or individual in driving the vehicle only up to the policy limits of the foster parent’s applicable insurance coverage.

(d) When a child or individual identified in § 9011A(g)(1) of Title 29 is within the first 6 months after issuance of a Level 1 Learner’s Permit under § 2710 of this title, a foster parent of that child or individual who causes or knowingly permits the child or individual to drive a vehicle on a highway or who gives or furnishes a motor vehicle to the child or individual, may be liable for damages caused by the negligence of the child or individual in driving the vehicle only up to the policy limits of the foster parent’s applicable insurance coverage.
21 Del. C. § 2308 — Delaware Code / Title 21 / Chapter 23 / Subchapter I / Section 2308
§ Â
        2308. File of surrendered certificates of title; return of certificates to issuing jurisdictions.
Status: in_force

The Department shall retain and appropriately file every surrendered certificate of title or copy thereof. The file is to be so maintained as to permit the tracing of title of the vehicles designated therein. Certificate of title issued by other jurisdictions may be returned to those jurisdictions at the discretion of the Director of Motor Vehicles.
21 Del. C. § 2140R — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140R
§ Â
        2140R. Special registration plates supporting University of Delaware Athletics Community and Campus Recreation
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for a special Delaware Blue Hens registration plate. The Division shall issue the plate if it receives at least 200 of such applications.

(b) This section applies to any of the following:

(1) A private passenger vehicle.

(2) Subject to paragraph (b)(2)b. of this section, a motor vehicle, including a truck or trailer, with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less.

a. The motor vehicle described in this paragraph may be owned by an individual or an artificial entity, including corporation, company, association, firm, partnership, society, or joint-stock company.

b. A truck that qualifies to register for the International Registration Plan (IRP), individually, or as part of a “combination of vehicles,” as defined in § 101 of this title, may not be issued a special plate under this section.

(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $50, which includes an administrative fee of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for all persons applying for a special plate pursuant to this section, including members of nonprofit organizations, even if members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division of Motor Vehicles, which shall cover the cost of the plate.

(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section. Proceeds remaining after the Division of Motor Vehicles has covered the costs of promoting and administering this section shall be applied pursuant to subsection (e) of this section.

(e) The funds derived by the State from that portion of the 1-time fee of $50, that are not defined as administrative fees pursuant to subsection (c) of this section, shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set aside and deposited to Support the Delaware Blue Hens deposit in the University of Delaware Athletics Community and Campus Recreation Fund.

(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Division of Motor Vehicles and by University Athletics Community and Campus Recreation. The numbers and letters assigned to the license plate will be the same as the current license plate assigned to the vehicle. The committee may drop the wording “The First State” and substitute in its place “Support Delaware Blue Hens.”

(g) The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem. The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 4176E — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4176E
§ Â
        4176E. Operation of a vehicle causing serious physical injury to a vulnerable user.
Status: in_force

(a) As used in this section, “vulnerable user” means any of the following:

(1) A pedestrian who is lawfully on or within a highway, crosswalk, improved or unimproved shoulder of a highway, or sidewalk.

(2) An individual actively engaged in work upon a highway, in work upon utility facilities upon or along a highway, or in the provision of emergency services upon, within, or adjacent to a highway.

(3) An individual riding an animal or driving an animal-drawn carriage, or a passenger of the individual, lawfully on or within a highway or improved or unimproved shoulder of a highway.

(4) An individual operating or a passenger on or in any of the following, when any of the following is lawfully on or within a highway, crosswalk, improved or unimproved shoulder of a highway, or sidewalk:

a. A farm tractor or similar vehicle designed primarily for farm use.

b. A skateboard.

c. Roller skates.

d. In-line skates.

e. A scooter.

f. A moped.

g. A bicycle or a device that is an extension of a bicycle, such as an extend-a-bike, a bicycle trailer, or a child’s bicycle seat.

h. A motorcycle.

i. A nonmotorized or motorized wheelchair.

j. An electric personal assistive mobility device.

k. An electric bicycle.

(b) A person is guilty of operation of a vehicle causing serious physical injury to a vulnerable user when, in the course of driving or operating a motor vehicle or OHV in violation of any provision of this chapter other than § 4177 of this title, the person’s driving or operation of the vehicle or OHV causes serious physical injury, as defined in § 222 of Title 11, to a vulnerable user.

(c) The Superior Court has original and exclusive jurisdiction over a violation of this section by a person 18 years of age or older. Notwithstanding any provision of law to the contrary, an offense which is within the original or exclusive jurisdiction of another court and which may be joined properly with a violation of this section is deemed to be within the original and exclusive jurisdiction of the Superior Court.

(d) A person who violates this section is guilty of a violation. Unless suspended under subsection (e) of this section, the Superior Court must impose upon a person convicted under this section all of the following:

(1) A fine of $550.

(2) A suspension of the person’s license or driving privileges, or both, for up to 1 year.

(3) A requirement that the person complete a traffic safety course approved by the Division of Motor Vehicles.

(4) A requirement that the person perform not less than 10, nor more than 100, hours of community service which must include activities related to driver improvement and providing public education on traffic safety.

(e) The Superior Court may suspend up to $500 of the fine and the imposition of the suspension of the person’s license or driving privileges, or both. Any sentence suspended under this subsection must be suspended on the condition that the person completes the remaining provisions of the sentence. If any sentence is suspended, the Superior Court shall set a hearing date at a time within 1 year of the date of sentencing. At that hearing, the Superior Court shall do one of the following:

(1) If the person has successfully completed the requirements described in paragraphs (d)(3) and (d)(4) of this section, dismiss the penalties suspended under this subsection.

(2) If the person has not successfully completed the requirements described in paragraphs (d)(3) and (d)(4) of this section do 1 of the following:

a. Grant the person an extension based on good cause shown. The Court may not grant more than 1 extension for good cause shown.

b. Impose those portions of the sentence suspended under subsection (e) of this section.

(f) Nothing in this section is deemed to preclude prosecution under any other provision of this chapter.
21 Del. C. § 6905A — Delaware Code / Title 21 / Chapter 69A / Section 6905A
§ Â
        6905A. Incomplete tows.
Status: in_force

(a) A private tow company that has undertaken the nonconsensual tow of a motor vehicle must stop the tow if the owner or operator returns before the motor vehicle has left the parking area and requests that the tow be stopped.

(b) A private tow company may require the owner or operator of a motor vehicle to pay a decoupling fee or drop fee prior to releasing a motor vehicle that the private tow company has undertaken to tow. The decoupling or drop fee may not exceed 50% of the nonconsensual tow fee that would otherwise be charged.

(c) A private tow company may return a motor vehicle to a parking area or another location at the request of a motor vehicle owner or operator who makes telephone contact with the tow company before the motor vehicle has been placed in storage at a storage facility. The private tow company may collect the full nonconsensual tow fee that would otherwise be charged. No storage fee or ancillary fees other than the tow fee may be assessed if the motor vehicle is retrieved within 24 hours from the time the private tow company first undertakes a tow.

(d) A private tow company may not nonconsensually tow a motor vehicle if the owner or operator has returned prior to the physical attachment between the motor vehicle to a tow truck or other towing vehicle. No fee may be charged to the owner or operator where the owner or operator returns prior to the physical attachment between a motor vehicle and a towing vehicle.
21 Del. C. § 2139P — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139P
§ Â
        2139P. Special license plates for Civil Air Patrol Delaware Wing.
Status: in_force

(a) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that vehicle of a special Civil Air Patrol registration number; provided however, that the owner of the vehicle must possess official documentation from the Civil Air Patrol Delaware Wing and signed by the Delaware Wing commander that indicates that such owner is a member in good standing of the Civil Air Patrol and assigns the registration number to be issued by the Department.

(2) This section applies to:

a. A private passenger vehicle, or

b. A truck with a 3/4-ton or less manufacturer’s rated capacity.

(b) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided however, that an original application under this section be subject to a $35 administrative fee, which shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding the provisions of Chapter 13 and 14 of Title 2 to the contrary.

(c) Only 1 such plate shall be issued to an applicant.

(d) The Department shall reserve sufficient special license plates including the letters “CAP” and numbered consecutively beginning with the numeral “1” as are necessary to implement this section.

(e) Upon receipt by the Department of information provided by the Civil Air Patrol Delaware Wing that a registrant is no longer a Civil Air Patrol member in good standing, the Department shall write to the registrant requesting that such plate be returned to the Department within 30 days.

(f) At least 25 members of the organization must apply for the special plate authorized by this section.
21 Del. C. § 8404 — Delaware Code / Title 21 / Chapter 84 / Section 8404
§ Â
        8404. Termination, cancellation, nonrenewal, or alteration of a dealership [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

(a) A manufacturer or distributor, directly or through any authorized officer, agent or employee, may not terminate, cancel, or fail to renew a manufacturer-dealer agreement without good cause. If the manufacturer or distributor with good cause terminates, cancels, or fails to renew the manufacturer-dealer agreement, § 8405 of this title does not apply.

(b) A manufacturer or distributor has the burden of showing good cause for terminating, canceling, or failing to renew a manufacturer-dealer agreement with a new recreational vehicle dealer. For purposes of determining whether there is good cause for the proposed action, any of the following factors may be considered:

(1) The extent of the affected new recreational vehicle dealer’s penetration in the area of sales responsibility.

(2) The nature and extent of the new recreational vehicle dealer’s investment in its business.

(3) The adequacy of the new recreational vehicle dealer’s service facilities, equipment, parts, supplies, and personnel.

(4) The effect of the proposed action on the community.

(5) The extent and quality of the new recreational vehicle dealer’s service under new recreational vehicle or new recreational trailer warranties.

(6) The new recreational vehicle dealer’s failure to follow agreed-upon procedures or standards related to the overall operation of the dealership.

(7) The new recreational vehicle dealer’s performance under the terms of its manufacturer-dealer agreement.

(c) Except as otherwise provided in this chapter, a manufacturer or distributor shall provide a new recreational vehicle dealer with at least 120 days prior written notice of termination, cancellation, or nonrenewal of the manufacturer-dealer agreement if the new recreational vehicle dealer is being terminated, cancelled, or nonrenewed for good cause.

(1) The notice must state all reasons for the proposed termination, cancellation, or nonrenewal, and must further state that if, within 30 days following receipt of the notice, the new recreational vehicle dealer provides to the manufacturer or distributor a written notice of intent to cure all claimed deficiencies, the new recreational vehicle dealer will then be entitled to the full 120-day notice period, commencing from the new recreational vehicle dealer’s receipt of the manufacturer’s or distributor’s original notice to rectify the deficiencies. If the deficiencies are rectified within the 120-day notice period, the manufacturer’s or distributor’s notice is voided. If the new recreational vehicle dealer fails to provide the notice of intent to cure the deficiencies in the prescribed 30-day time period, the termination, cancellation, or nonrenewal takes effect 30 days after the new recreational vehicle dealer’s receipt of the manufacturer’s or distributor’s original notice.

(2) The notice period may be reduced to 30 days if the manufacturer’s or distributor’s grounds for termination, cancellation, or nonrenewal are due to any of the following good cause factors:

a. A new recreational vehicle dealer being convicted of, or entering a plea of nolo contendere to, a felony;

b. The abandonment or closing of the business operations of the new recreational vehicle dealer for 10 consecutive business days unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the new recreational vehicle dealer has no control;

c. A significant misrepresentation by a new recreational vehicle dealer that materially affects the business relationship between the new recreational vehicle dealer and the manufacturer or distributor;

d. A suspension or revocation of a new recreational vehicle dealer’s license, or refusal to renew the new recreational vehicle dealer’s license, by the Division of Motor Vehicles;

e. A material violation of this chapter which the new recreational vehicle dealer does not cure within 30 days after written notice by the manufacturer or distributor; or

f. A declaration by a new recreational vehicle dealer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy;

(d) A new recreational vehicle dealer may terminate, cancel, or not renew its manufacturer-dealer agreement with a manufacturer or distributor with or without good cause by giving 30-days written notice. In the case of a new recreational vehicle dealer terminating, cancelling, or failing to renew a manufacturer-dealer agreement for good cause, the notice must state all the reasons for the proposed termination, cancellation, or nonrenewal, and must further state that if, within 30 days following receipt of the notice, the manufacturer or distributor provides to the new recreational vehicle dealer a written notice of intent to cure all claimed deficiencies, the manufacturer or distributor will then be entitled to a 90-day notice period commencing from the manufacturer’s receipt of the new recreational vehicle dealer’s original notice. If the deficiencies are rectified within the 90-day notice period, the new recreational vehicle dealer’s notice is voided. If the manufacturer or distributor fails to provide the notice of intent to cure the deficiencies in the prescribed 30-day time period, the termination, cancellation, or nonrenewal takes effect 30 days after the manufacturer’s or distributor’s receipt of the new recreational vehicle dealer’s original notice, unless the parties agree otherwise in writing.

(e) If the new recreational vehicle dealer terminates, cancels or fails to renew a manufacturer-dealer agreement without good cause, the provisions of § 8405 of this title do not apply. If the new recreational vehicle dealer terminates, cancels, or fails to renew the manufacturer-dealer agreement with good cause, § 8405 of this title applies. The new recreational vehicle dealer has the burden of showing good cause. Any of the following items are considered “good cause” for a proposed termination, cancellation, or nonrenewal action by the new recreational vehicle dealer:

(1) A manufacturer or distributor being convicted of, or entering a plea of nolo contendere to, a felony.

(2) The business operations of a manufacturer or distributor have been abandoned or closed for 10 consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control.

(3) A significant misrepresentation by a manufacturer or distributor that materially affects the business relationship between the manufacturer and the new recreational vehicle dealer.

(4) A material violation of this chapter which the manufacturer or distributor does not cure within 30 days after written notice by the new recreational vehicle dealer.

(5) A declaration by a manufacturer or distributor of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy.
21 Del. C. § 4343 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4343
§ Â
        4343. Lamp or flag on projecting load.
Status: in_force

(a) Whenever the load upon any vehicle extends to the rear 4 feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the time specified in § 4331 of this title, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be, in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.

(b) This section does not apply to:

(1) Any vehicle carrying wooden prefabricated roof trusses in an inverted position, if the trusses do not extend more than 10 feet beyond the rear of the bed or body of the vehicle;

(2) A combination of vehicles carrying an indivisible load if the load is not over 70 feet long, and the load is being transported during daylight hours; or

(3) Any vehicle or combination of vehicles carrying:

a. Piling, poles or mill logs;

b. Nursery stock; or

c. Crew or racing shells.

(c) Subject to the maximum length limits of this section, the load on any vehicle operated alone or the load on the front vehicle of a combination of vehicles:

(1) Except as provided in paragraph (c)(2) of this section, may not extend more than 3 feet beyond the foremost part of the vehicle; and

(2) May extend more than 3 feet beyond the foremost part of a vehicle equipped with front-end loading attachments and containers used in collecting garbage, rubbish, refuse or recyclable materials when the vehicle is actively engaged in collecting garbage, rubbish, refuse or recyclable materials.
21 Del. C. § 4129 — Delaware Code / Title 21 / Chapter 41 / Subchapter III-A / Section 4129
§ Â
        4129. Civil penalty for evasion of tolls.
Status: in_force

(a) In addition to the provisions of §§ 4127 and 4128 of this title, any person who refuses to pay, evades or attempts to evade the payment of a toll in connection with the use of the Delaware Turnpike, the Korean War Veterans Memorial Highway, any other state toll road or the Delaware Memorial Bridge shall be liable for the payment of one toll, a $25 administrative fee, and for a civil penalty of $25 per violation payable to the Department of Transportation or its designee or, in the case of the Delaware Memorial Bridge, the Delaware River & Bay Authority or its designee.

(b) Except as provided in subsection (d) of this section, an owner of a vehicle shall be jointly and severally liable for failure of an operator thereof to comply with subsection (a) of this section. The owner of a vehicle shall be liable pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, in violation of this section, and such violation is evidenced by information obtained from visual observation, video surveillance device or other method of identifying the vehicle; provided however, that no owner of a vehicle shall be liable where the operator of the vehicle has been identified and charged with a violation of this section for the same incident.

(c) In the event of nonpayment of the proper toll, as evidenced by visual observation, a video surveillance device or other method of identifying the vehicle, the Department of Transportation or its designee or, in the case of the Delaware Memorial Bridge, the Delaware River & Bay Authority or its designee may send an advisory and payment request to the owner of the vehicle by regular mail at the address of record with the Division of Motor Vehicles, or, if applicable, the licensing authority of another jurisdiction, providing the owner with the opportunity to resolve the matter prior to the issuance of a summons and complaint that charges a violation of this section. The advisory and payment request shall contain sufficient information to inform the owner of the nature, date, time and location of the alleged violation. In addition to the payment of the proper toll, the Department of Transportation or, in the case of the Delaware Memorial Bridge, the Delaware River and Bay Authority or its designee may require as part of the advisory and payment request that the owner pay a reasonable administrative fee of up to $25 to the entity processing the violation. If the owner fails to pay the required toll and fee, the owner shall be subject to liability on the sixty-first day following the date the violation is transmitted, for the violation of this section by the vehicle owner or operator.

(d) An owner of a vehicle who is a lessor of a vehicle operated in violation of this section shall not be liable for such violation if the lessor submits a copy of the rental, lease or other contract document covering that vehicle on the date of the violation, with the name and address of the lessee clearly legible, to the Department of Transportation or its designee or, in the case of the Delaware Memorial Bridge, the Delaware River and Bay Authority or its designee within 10 days of the receipt of the notice of violation. Failure to provide such information in the timeframe required shall render the lessor liable for the penalty prescribed by this section. Where the lessor complies with this subsection, the lessee of such vehicle shall be deemed the owner of the vehicle for the purposes of this section and shall be subject to liability for the violation hereunder, as if the lessee were the owner and/or operator at the time of the violation.

(e) Enhanced civil enforcement authority. — If a vehicle owner has been issued advisory and payment requests for nonpayment of tolls under subsection (c) of this section, and the combined total of outstanding and unpaid tolls, applicable administrative fees and associated penalties exceeds $1,000, the vehicle shall be subject to a civil administrative stop pursuant to Chapter 8 of this title, and the vehicle owner shall be subject to enhanced civil enforcement, as follows:

(1) Such vehicle shall be immobilized in such manner as to prevent its operation, or removed to an official pound by authority of any police officer of this State, a county or municipality therein, or the Delaware River and Bay Authority. Any vehicle so immobilized or impounded shall not be released to its lawful owner until all unpaid tolls and applicable administrative fees issued to such owner have been discharged by payment in full, together with payment for the costs of immobilizing, releasing, and storing such vehicle. The owner shall sign a receipt for such vehicle. Payment for any such towing shall be in accordance with the towing costs outlined in the current agreement between police agency and the towing operator. If the vehicle is a tractor-trailer combination, the trailer may be released to an authorized agent if the tractor is immobilized pursuant to this section.

(2) In any case involving immobilization of a vehicle pursuant to this section, the police officer shall place on such vehicle, in a conspicuous manner, notice sufficient to warn any individual that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle.

(3) Any vehicle remaining immobilized and not released for 48 hours may be towed and impounded at the direction of a police officer.
21 Del. C. § 4603 — Delaware Code / Title 21 / Chapter 46 / Section 4603
§ Â
        4603. Reporting of keys; penalties.
Status: in_force

Any person, corporation, agency, association, club, department or carrier possessing any master key pursuant to this chapter shall, before May 30, 1969, and every 6 months thereafter, submit to the Secretary of Public Safety of this State a list describing all master keys which it possesses. Any person, corporation, agency, association, club, department or carrier which submits a list pursuant to this section which list does not contain any master key which was described in any previous list to the Secretary of Public Safety shall, in writing, notify the Secretary of Public Safety of the reason for omission. Whoever knowingly fails to comply with this section shall be fined not more than $2,300, or imprisoned not more than 5 years or both.
21 Del. C. § 2759 — Delaware Code / Title 21 / Chapter 27 / Subchapter IV / Section 2759
§ Â
        2759. Liability for towing expenses.
Status: in_force

Whenever a motor vehicle is towed in connection with the enforcement of § 4177 of this title or a criminal offense for which violation of § 4177 of this title is an element, the person to whom the vehicle is released shall be liable for the towing and storage costs, except that the police agency ordering such towing shall be liable for such costs if the driver was not actually arrested for driving in violation of § 4177 of this title or another criminal offense as a result of that incident and no other existing situation reasonably necessitated such towing.
21 Del. C. § 4414 — Delaware Code / Title 21 / Chapter 44 / Section 4414
§ Â
        4414. Penalty; prima facie evidence of wilful abandonment; jurisdiction.
Status: in_force

(a) Any person who wilfully abandons a vehicle within the right-of-way of any highway of this State or upon the property of another without consent, and any person who, being the owner of an abandoned vehicle, wilfully fails to remove it pursuant to a directive given under § 4402(b) of this title shall be fined not less than $28.75 nor more than $115.

(b) For the purposes of this section, the fact that a person voluntarily left a vehicle and did not return to remove it within 7 consecutive days shall be prima facie evidence of the wilful abandonment of such vehicle.

(c) Justices of the peace shall have jurisdiction for purposes of this section.
21 Del. C. § 3206 — Delaware Code / Title 21 / Chapter 32 / Section 3206
§ Â
        3206. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary.
Status: in_force

(a) The appointment by a court of a guardian or other fiduciary charged with the management of the principal’s property or the care of the principal’s person shall terminate all personal powers of attorney.

(b) After the appointment of a guardian or other fiduciary charged with the management of the principal’s property or the care of the principal’s person, the agent is accountable to such guardian or other fiduciary as well as to the principal as to any personal powers of attorney which the agent continues to hold. A guardian or other fiduciary shall only have such powers to revoke or amend the powers of the agent as shall be given to such guardian or other fiduciary by the court.
21 Del. C. § 2172 — Delaware Code / Title 21 / Chapter 21 / Subchapter VI / Section 2172
§ Â
        2172. Number plates.
Status: in_force

(a) The Department shall furnish for each vehicle registered as a taxicab or limousine 1 number plate as hereinafter provided. Upon the termination of the lawful use of any such plates, they shall be returned to the Department.

(b) The number plate shall have displayed thereon the taxicab or limousine registration number assigned to the vehicle and the name of this State, which may be abbreviated. Each number plate shall bear a distinctive word, letter or marking which shall be designated by the Department for the purpose of identifying taxicabs and limousines.
21 Del. C. § 2615 — Delaware Code / Title 21 / Chapter 26 / Section 2615
§ Â
        2615. Notification of traffic convictions.
Status: in_force

(a) Whenever a person who holds a CDL from another state is convicted of a violation of this State or local law relating to motor vehicle traffic control (other than a parking violation), in any type of vehicle, the Division must notify the licensing entity in the State where the driver is licensed of this conviction within 30 days of the conviction, except beginning on September 30, 2008, the notification must be made within 10 days of the conviction.

(b) Whenever a person who does not hold a CDL or CLP but is licensed to drive by another State and is convicted of a violation of this State or local law relating to motor vehicle traffic control (other than a parking violation), in a CMV, the Division must notify the licensing entity in the State where the driver is licensed of this conviction within 30 days of the conviction, except beginning on September 30, 2008, the notification must be made within 10 days of the conviction.

(c) Whenever the Division receives notification of failure to appear, failure to pay, or failure to comply from a Delaware court or from any other state for a violation relating to motor vehicle traffic control (other than a parking violation) the failure to appear, failure to pay, or failure to comply will be posted to the driver’s record as a conviction under the following conditions:

(1) For any person operating a CMV while either holding a CDL/CLP or being required to hold a CDL/CLP; or

(2) For any CDL/CLP holder operating any type of vehicle.

(d) Whenever an unlicensed driver from this State is convicted of any violation as provided in § 2612 of this title, the Division will establish a driving record in the person’s name and, if appropriate, withdraw the person’s driving privileges by license suspension, revocation, disqualification, cancellation or denial when authorized by statute or Division policy. Those persons whose driving privileges are withdrawn under this section will be reinstated when they have completed the reinstatement procedures specified in statute or Division policy.
21 Del. C. § 4703 — Delaware Code / Title 21 / Chapter 47 / Section 4703
§ Â
        4703. Adoption of federal requirements â Amendments of 49 C.F.R. Part 390.
Status: in_force

Amend § 390.3 of 49 C.F.R. Part 390 by adding “and intrastate” after the word “interstate” and before the word “commerce.”
21 Del. C. § 4802 — Delaware Code / Title 21 / Chapter 48 / Section 4802
§ Â
        4802. Driver requirements; exceptions; sales requirements; working condition of system.
Status: in_force

(a) (1) The driver of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat belt which meets the applicable federal motor vehicle safety standards.

(2) The driver of a motor vehicle shall secure or cause to be secured in a properly adjusted and fastened seat belt system, as defined by the applicable federal motor vehicle safety standards, each occupant of the passenger compartment of the motor vehicle who is 16 years of age or older.

(b) The term “motor vehicle,” as used in this chapter, is defined in § 101(44) of this title, with the exception of motorcycles.

(c) The provisions of this section shall not apply to:

(1) Any person in a motor vehicle who possesses a written verification from a licensed physician or a licensed physical therapist that such person is unable to wear or use an occupant protection system for physical or medical reasons;

(2) A motor vehicle which is not required to be equipped with an occupant protection system under federal law or has otherwise been exempted from compliance in conformity with federal law; or

(3) A motor vehicle operated by a letter carrier of the United States Postal Service while performing the duties of a letter carrier.

(d) [Deleted.]

(e) No person shall install, distribute, have for sale, offer for sale or sell any occupant protection system, including an air bag, for use in a motor vehicle unless it meets current minimum standards and specifications under federal law.

(f) Every owner of a motor vehicle shall maintain all occupant protection systems, including air bags, and assemblies and mechanisms required by this section in proper working condition and in a manner that will enable occupants to use them.

(g) (1) Failure to comply with this section shall be considered as an aggravating circumstance for sentencing purposes for persons convicted of violations of other provisions of this title.

(2) a. Any person who is found to have violated this section in connection with the prosecution of a violation of any other provision of this title shall in addition to any fine, and at the same time as any fine is assessed to the defendant, be levied for credit to the Victim’s Rights Fund an additional penalty assessment of 40% not to exceed $20 of every fine, penalty or forfeiture imposed or collected by the court for the offense under this title. Where there are multiple offenses under this title involved, the penalty assessment pursuant to this section shall be based upon a total fine for all offenses but not to exceed a total additional penalty assessment of $20. When a fine, penalty or forfeiture is suspended in whole or in part the additional penalty assessment shall not be suspended.

b. The assessment imposed herein shall be in addition to the penalty assessment imposed by § 9016(a) of Title 11.

c. Where there is no other violation of this title in addition to a violation of this section, a civil penalty of $25 shall be imposed. The failure to wear a seat belt by more than 1 person in the same vehicle at the same time, as required by this section, shall be treated as a single civil violation. Justice of the Peace Court shall have jurisdiction over actions involving this civil penalty.

(h) No motor vehicle points shall be assessed against any person for failing to comply with subsection (a) of this section and there shall be no entry made on the person’s driving record for failing to comply with subsection (a) of this section.

(i) Failure to wear or use an occupant protection system shall not be considered as evidence of either comparative or contributory negligence in any civil suit or insurance claim adjudication arising out of any motor vehicle accident, nor shall failure to wear or use an occupant protection system be admissible as evidence in the trial of any civil action or insurance claim adjudication.

(j) Notwithstanding any law to the contrary, any police officer is authorized to make an administrative stop for purposes of enforcing this section, upon reasonable and articulable suspicion that a violation of this section has occurred.
21 Del. C. § 2764 — Delaware Code / Title 21 / Chapter 27 / Subchapter V / Section 2764
§ Â
        2764. Fee for taxicab authorization [For application of this section, see 85 Del. Laws, c. 40, Â 15].
Status: in_force

The fee for the authorization specified in §  2762 of this title is $10. The fee for renewals is also $10.
21 Del. C. § 703A — Delaware Code / Title 21 / Chapter 7 / Section 703A
§ Â
        703A. Reporting of offenses to the Division of Motor Vehicles by the courts.
Status: in_force

All record convictions for any person for violations of this title, Title 4, Title 10, Title 11 and Title 16, which apply to motor vehicle violations, the suspension and/or revocation of a license and/or driving privileges shall be reported within 30 days to the Division of Motor Vehicles by each court within the State. Such reporting shall be deemed acceptable if in written form or by electronic data transfer. The original conviction documents shall be retained by the court and forwarded to the Division upon request.
21 Del. C. § 4176C — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4176C
§ Â
        4176C. Electronic communication devices; penalties.
Status: in_force

(a) No person shall drive a motor vehicle on any highway while using an electronic communication device while such motor vehicle is in motion.

(b) For the purposes of this section, the following terms shall mean:

(1) “Cell telephone” shall mean a cellular, analog, wireless or digital telephone.

(2) “Electronic communication device” shall mean a cell telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or portable computing device.

(3) “Engages or engaging in a call” shall mean when a person talks into or listens on an electronic communication device, but shall not mean when a person dials or punches a phone number on an electronic communication device.

(4) “Hands-free electronic communication device” shall mean an electronic communication device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such electronic communication device, by which a user engages in a call without the use of either hand or both hands.

(5) “Hands-free equipment” shall mean the internal feature or function of a hands-free electronic communication device or the attachment or addition to a hands-free electronic communication device by which a user may engage in a call without the use of either hand or both hands.

(6) “Using” shall mean holding in a person’s hand or hands an electronic communication device while:

a. Viewing or transmitting images or data;

b. Playing games;

c. Composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages or other electronic data; or

d. Engaging in a call.

(c) Subsection (a) of this section shall not apply to:

(1) A law-enforcement officer, a firefighter, an emergency medical technician, a paramedic or the operator of an authorized emergency vehicle in the performance of their official duties;

(2) A person using an electronic communication device to report to appropriate authorities a fire, a traffic accident, a serious road hazard, or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs, or to report any crime;

(3) A person using a cell telephone who is operating a school bus and covered under § 4176B of this title;

(4) A person engaging in a call with a hands-free electronic communication device while utilizing hands-free equipment and such person does not hold the hands-free electronic communication device in such person’s hand or hands;

(5) The activation or deactivation of hands-free equipment or a function of hands-free equipment;

(6) A person driving or operating an unregistered farm tractor, farm truck or farm equipment;

(7) Use of an amateur radio by an FCC-licensed amateur radio operator; and

(8) A person who during their course of employment with a business or government entity uses a 2-way radio mounted or attached to a motor vehicle to communicate with a central dispatch, base of operation, or with other employees of such business or government entity.

(d) Whoever violates this section shall for the first offense be subject to a civil penalty of $100. For each subsequent like offense occurring within 2 years of the former offense the person shall be subject to a civil penalty of not less than $200 nor more than $300. For each civil penalty of $100 that is assessed under this subsection, $20 shall be paid over to the State Treasury to be deposited into the Volunteer Ambulance Company Fund, in addition to the $10 penalty assessed pursuant to § 4101(j) of Title 11. For each civil penalty between $200 and $300 that is assessed under this subsection, 20% shall be paid over to the State Treasury to be deposited into the Volunteer Ambulance Company Fund, in addition to the $10 penalty assessed pursuant to § 4101(j) of Title 11.

(e) No motor vehicle points shall be assessed for a violation of this section.
21 Del. C. § 4167 — Delaware Code / Title 21 / Chapter 41 / Subchapter VII / Section 4167
§ Â
        4167. Moving heavy equipment at railroad grade crossings.
Status: in_force

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than 1/2 inch per foot of the distance between any 2 adjacent axles or in any event of less than 9 inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.

(b) Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.

(c) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until the crossing can be made safely.

(d) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or car. If a flagger is provided by the railroad, movement over the crossing shall be under the flagger’s direction.
21 Del. C. § 4108 — Delaware Code / Title 21 / Chapter 41 / Subchapter II / Section 4108
§ Â
        4108. Traffic-control signal legend.
Status: in_force

(a) Whenever traffic is controlled by official traffic-control signals showing different colored circular lights, color-lighted arrows, or color-lighted bicycle symbols, successively 1 at a time or in combination, only the colors green, red and yellow shall be used, except for pedestrian control signals, and such lights shall indicate and apply to drivers of vehicles, operators of bicycles and pedestrians as follows:

(1) Green indication:

a. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a traffic-control device at such place prohibits either such turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

b. Unless otherwise directed by a pedestrian-control signal as provided in § 4109 of this title, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

(2) Circular yellow or yellow arrow:

a. Vehicular traffic facing the circular yellow signal is thereby warned that a red signal for the previously permitted movement will be exhibited immediately thereafter.

b. Vehicular traffic facing the yellow arrow signal shown alone or in combination with another indication is thereby warned that the previously displayed green arrow signal is being terminated. The yellow arrow signal may be followed by a red signal or a green signal.

c. Pedestrians facing a yellow signal, unless otherwise directed by a pedestrian-control signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

(3) Red indication:

a. Vehicular traffic facing the red signal shall stop before crossing the stop limit, whether marked by sign or painted line, or if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown or as provided in paragraph (a)(3)b. of this section.

b. When a traffic-control device is not in place prohibiting such turn, vehicular traffic facing a circular red signal may cautiously enter the intersection to turn right, or to turn left from a one-way roadway onto a one-way roadway.

c. When turns on red are permitted, the right to proceed to turn after stopping shall be subject to the rule applicable after making a stop as at a stop sign.

d. No pedestrian facing such signal shall enter the roadway unless the pedestrian can do so safely and without interfering with any vehicular traffic.

(4) Green arrow or arrows:

a. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

b. Vehicles facing such signals are thereby advised that other traffic movements may be prohibited from the lane or lanes that the signal indication controls. Making or attempting to make any prohibited movement is unlawful.

c. Pedestrians facing such signals shall not enter the roadway unless they can do so safely and without interfering with any vehicular traffic.

(5) Bicycle signals:

Bicycle signals may include circular or arrow traffic signal indications designated as bicycle signals by an adjacent sign, and traffic indications in the shape of a bicycle. Circular and arrow bicycle signals shall have the same meaning as the corresponding circular and arrow signals as described in paragraphs (a)(1) through (a)(4) of this section, but shall only apply to a person operating a bicycle in a bicycle lane or path. Bicycle-shaped bicycle signals shall have the same meaning as the corresponding circular signals as described in paragraphs (a)(1) through (a)(4) of this section, but shall only apply to a person operating a bicycle in a bicycle lane or path. A person operating a bicycle in a general travel lane shall obey the circular and arrow traffic signals described in paragraphs (a)(1) through (a)(4) of this section.

(b) When lane use control signals are placed over the individual lanes of roadway or highway, vehicular traffic may travel in any lane or lanes over which a green signal is shown, but shall not enter or travel in any lane or lanes over which a red signal is shown. Left turns may be made across such lane if not otherwise prohibited. Vehicular traffic shall move from any lane over which a steady amber signal is displayed as soon as the movement can be made in safety. Vehicular traffic may use a lane over which a flashing yellow signal is displayed for the purpose of making a left turn.

(c) In the event that traffic signals are in place and no lighted indication is visible to an approaching driver, the approaching driver shall reduce speed and prepare to yield to other vehicles in or approaching the intersection.

(d) Whoever violates this section shall be fined not less than $75 nor more than $115. Whoever violates paragraph (a)(3) of this section shall be fined not less than $75 nor more than $230. For each subsequent offense of paragraph (a)(3) of this section within 2 years, the person shall be fined not less than $100 nor more than $575, or imprisoned not less than 10 nor more than 60 days, or both.

(e) Notwithstanding any provision of the Delaware Code to the contrary, any local government, municipality, town or county, whether incorporated or unincorporated, shall pay to the General Fund any sums collected under this section or any substantially conforming ordinances and regulations enacted by local authorities that exceed the maximum fine permitted under the law as it existed prior to the effective date of subsection (d) of this section.
21 Del. C. § 8411 — Delaware Code / Title 21 / Chapter 84 / Section 8411
§ Â
        8411. Mediation [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

(a) A new recreational vehicle dealer, manufacturer, distributor, or warrantor injured by another party’s violation of this chapter may bring a civil action to recover actual damages. The court may award reasonable attorneys’ fees and costs to the prevailing party in such an action. Venue for any civil action authorized by this section is in the county in which the new recreational vehicle dealer’s business is located. In an action involving more than 1 new recreational vehicle dealer, venue may be in any county in which any new recreational vehicle dealer that is a party to the action is located.

(b) Prior to bringing suit under this chapter, the plaintiff shall serve upon the offending party a written demand for mediation. Mediation must take place in accordance with this section; Chapter 77 of Title 6 does not apply.

(1) In the case of a manufacturer, distributor, or new recreational vehicle dealer, a demand for mediation must be served upon the other party via certified mail at the address stated within the manufacturer-dealer agreement between the parties. In the case of a different warrantor, the notice must be sent via certified mail to the address identified in the warrantor’s warranty, with a copy to the manufacturer or distributor.

(2) A demand for mediation must contain a brief statement of the dispute and the relief sought by the party filing the demand.

(3) Within 20 days after the date on which a demand for mediation is served, the parties shall mutually select an independent certified mediator and meet with that mediator for the purpose of attempting to resolve the dispute. The meeting place must be in this State in a location selected by the mediator. The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation by both parties.

(4) The service of a demand for mediation under this section tolls the time for the filing of a complaint, petition, protest, or other action under this chapter until representatives of both parties have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint, petition, protest, or other action is filed before meeting with the mediator, the court shall enter an order suspending the proceeding or action until mediation has occurred, and, upon written stipulation by all parties to the proceeding or action that they wish to continue to mediate under this section, the court shall enter an order suspending the proceeding or action for as long a period as the court considers appropriate.

(5) The parties to the mediation shall bear their own costs for attorneys’ fees and divide equally the cost of the mediator.

(c) In addition to the remedies provided in this section and notwithstanding the existence of any additional remedy at law, a manufacturer, distributor, warrantor, or new recreational vehicle dealer may make application to a court of competent jurisdiction for the grant, upon a hearing and for cause shown, of a temporary or permanent injunction, or both, restraining any person from acting as a new recreational vehicle dealer without being properly licensed, from violating or continuing to violate any of the provisions of this chapter, or from failing or refusing to comply with the requirements of this chapter or § 6311(b) of this title. An injunction must be issued without bond. A single act in violation of the provisions of this chapter is sufficient for a court to authorize the issuance of an injunction.
21 Del. C. § 2947 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2947
§ Â
        2947. Methods of giving proof.
Status: in_force

Proof of financial responsibility when required under this chapter, may be given by filing a:

(1) Certificate of insurance as provided in § 2948 or § 2949 of this title; or

(2) Bond as provided in § 2950 of this title; or

(3) Certificate of deposit of money or securities as provided in § 2951 of this title; or

(4) Statement from an insurance carrier certifying that there is in effect a motor vehicle liability policy covering the operator or vehicle as required by this chapter.
21 Del. C. § 4373 — Delaware Code / Title 21 / Chapter 43 / Subchapter IV / Section 4373
§ Â
        4373. Unlawful display of club insignia; penalty.
Status: in_force

(a) No person who is not a member of the Delaware Automobile Association shall exhibit or display within this State any membership card, sign, token or other insignia of the Association, with intent to make it appear that the person is a member of the Delaware Automobile Association or entitled to any of the benefits or advantages resulting from membership therein.

(b) Whoever violates any provision of this section shall be fined not more than $57.50.
21 Del. C. § 2722 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2722
§ Â
        2722. Restricted licenses based on driverâs physical limitations.
Status: in_force

(a) The Department upon issuing an operator’s license may, whenever good cause appears, impose restrictions suitable to the licensee’s driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee’s driving ability arising out of or caused by the licensee’s physical defects or infirmities as the Department determines to be appropriate to assure the safe operation of a motor vehicle by the licensee.

(b) The Department may either issue a special restricted license or may set forth such restrictions upon the usual license form.

(c) The Department may, upon receiving satisfactory evidence of any violation of the restrictions of such license, suspend or revoke the same but the licensee shall be entitled to a hearing as upon a suspension or revocation under this title.

(d) It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to that person.
21 Del. C. § 2139AA — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139AA
§ Â
        2139AA. Special license plates for members of the Dover Air Force Base Chiefs Group.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle of a special Dover Air Force Base Chiefs Group registration.

(b) This section applies only to:

(1) A private passenger vehicle; or

(2) A truck with a ¾-ton or less manufacturer’s rated capacity; or

(3) A van with a ¾-ton or less manufacturer’s rated capacity.

(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided, however, that an original application under this section shall be subject to a $10 administrative fee which shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

(d) A minimum of 25 applicants for this plate shall be required prior to issuance of the plate.

(e) Only 1 such plate shall be issued to an applicant.

(f) The Department shall reserve sufficient special license plates including the letters “DCG” and numbered consecutively beginning with the numeral “1” as are required for this section.

(g) Upon notification from the Dover Air Force Base Chiefs Group that an individual is no longer an active member of that organization, the Department shall notify the license plate holder to surrender the license plate to the Department in 30 days.
21 Del. C. § 4177I — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4177I
§ Â
        4177I. Applicability of conforming statutes or ordinances.
Status: repealed

Any references to § 4177, § 4177A, § 4177B, § 4177C, § 4177D, § 4177E [repealed], or § 4177L of this title shall include all conforming statutes of any other state or the District of Columbia, or local ordinances in conformity therewith.
21 Del. C. § 7104 — Delaware Code / Title 21 / Chapter 71 / Section 7104
§ Â
        7104. Penalties.
Status: in_force

Whoever violates this chapter shall be guilty of a moving violation, the penalty for which shall be prescribed by § 4205 of this title.
21 Del. C. § 2951 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2951
§ Â
        2951. Money or securities as proof.
Status: in_force

(a) Proof of financial responsibility may be evidenced by the certificate of the State Treasurer that the person named therein has deposited with the State Treasurer $40,000 in cash or securities such as may legally be purchased by savings banks or for trust funds of a market value of $40,000. The State Treasurer shall not accept any such deposit nor issue a certificate therefor and the Secretary of Transportation shall not accept such certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

(b) Such deposit shall be held by the State Treasurer to satisfy, in accordance with this chapter, any execution on a judgment issued against such person making the deposit for damages, including damages for care and loss of services, because of bodily injury to or death of any person or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid.
21 Del. C. § 4333 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4333
§ Â
        4333. Head lamps on motor vehicles.
Status: in_force

(a) Every motor vehicle, trailer, semitrailer and pole motor-driven cycle shall be equipped with at least 2 head lamps with at least 1 on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this chapter.

(b) Every motorcycle and every motor-driven cycle shall be equipped with at least 1 and not more than 2 head lamps which shall comply with the requirements and limitations of this chapter.

(c) Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the head lamp of not more than 54 inches nor less than 24 inches, to be measured as set forth in § 4332(b) of this title.
21 Del. C. § 6704 — Delaware Code / Title 21 / Chapter 67 / Subchapter I / Section 6704
§ Â
        6704. Receiving or transferring stolen vehicle; penalty.
Status: in_force

Whoever, with intent to procure or pass title to a motor vehicle or vehicle which the person knows or has reason to believe has been stolen, receives or transfers possession of the same from or to another or has in possession any motor vehicle or vehicle which the person knows or has reason to believe has been stolen and who is not an officer of the law engaged at the time in the performance of duty as such officer, is guilty of a felony and shall be fined not less than $575 nor more than $5,750, or imprisoned not less than 1 year nor more than 5 years or both.
21 Del. C. § 4177 — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4177
§ Â
        4177. Driving a vehicle while under the influence or with a prohibited alcohol or drug content; evidence; arrests; and penalties.
Status: in_force

(a) No person shall drive a vehicle:

(1) When the person is under the influence of alcohol;

(2) When the person is under the influence of any drug;

(3) When the person is under the influence of a combination of alcohol and any drug;

(4) When the person’s alcohol concentration is .08 or more; or

(5) When the person’s alcohol concentration is, within 4 hours after the time of driving .08 or more. Notwithstanding any other provision of the law to the contrary, a person is guilty under this subsection, without regard to the person’s alcohol concentration at the time of driving, if the person’s alcohol concentration is, within 4 hours after the time of driving .08 or more and that alcohol concentration is the result of an amount of alcohol present in, or consumed by the person when that person was driving;

(6) When the person’s blood contains, within 4 hours of driving, any amount of an illicit or recreational drug that is the result of the unlawful use or consumption of such illicit or recreational drug or any amount of a substance or compound that is the result of the unlawful use or consumption of an illicit or recreational drug prior to or during driving.

(b) In a prosecution for a violation of subsection (a) of this section:

(1) Except as provided in paragraph (b)(3)b. of this section, the fact that any person charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not constitute a defense.

(2) a. No person shall be guilty under paragraph (a)(5) of this section when the person has not consumed alcohol prior to or during driving but has only consumed alcohol after the person has ceased driving and only such consumption after driving caused the person to have an alcohol concentration of .08 or more within 4 hours after the time of driving.

b. No person shall be guilty under paragraph (a)(5) of this section when the person’s alcohol concentration was .08 or more at the time of testing only as a result of the consumption of a sufficient quantity of alcohol that occurred after the person ceased driving and before any sampling which raised the person’s alcohol concentration to .08 or more within 4 hours after the time of driving.

(3) a. No person shall be guilty under paragraph (a)(6) of this section when the person has not used or consumed an illicit or recreational drug prior to or during driving but has only used or consumed such drug after the person has ceased driving and only such use or consumption after driving caused the person’s blood to contain an amount of the drug or an amount of a substance or compound that is the result of the use or consumption of the drug within 4 hours after the time of driving.

b. No person shall be guilty under paragraph (a)(6) of this section when the person has used or consumed the drug or drugs detected according to the directions and terms of a lawfully obtained prescription for such drug or drugs.

c. Nothing in this subsection nor any other provision of this chapter shall be deemed to preclude prosecution under paragraph (a)(2) or (a)(3) of this section.

(4) The charging document may allege a violation of subsection (a) of this section without specifying any particular paragraph of subsection (a) of this section and the prosecution may seek conviction under any of the paragraphs of subsection (a) of this section.

(c) For purposes of subchapter III of Chapter 27 of this title and this subchapter, the following definitions shall apply:

(1) “Alcohol concentration of .08 or more” shall mean:

a. An amount of alcohol in a sample of a person’s blood equivalent to .08 or more grams of alcohol per 100 milliliters of blood; or

b. An amount of alcohol in a sample of a person’s breath equivalent to .08 or more grams per 210 liters of breath.

(2) “Alcohol concentration of .15 or more” shall mean:

a. An amount of alcohol in a sample of a person’s blood equivalent to .15 or more grams of alcohol per 100 milliliters of blood; or

b. An amount of alcohol in a sample of a person’s breath equivalent to .15 or more grams per 210 liters of breath.

(3) “Alcohol concentration of .20 or more” shall mean:

a. An amount of alcohol in a sample of a person’s blood equivalent to .20 or more grams of alcohol per 100 milliliters of blood; or

b. An amount of alcohol in a sample of a person’s breath equivalent to .20 or more grams per 210 liters of breath.

(4) “Chemical test” or “test” shall include any form or method of analysis of a person’s blood, breath or urine for the purposes of determining alcohol concentration or the presence of drugs which is approved for use by the Forensic Sciences Laboratory, Division of Forensic Science, the Delaware State Police Crime Laboratory, any state or federal law-enforcement agency, or any hospital or medical laboratory. It shall not, however, include a preliminary screening test of breath performed in order to estimate the alcohol concentration of a person at the scene of a stop or other initial encounter between an officer and the person.

(5) “Drive” shall include driving, operating, or having actual physical control of a vehicle.

(6) “Drug” shall include any substance or preparation defined as such by Title 11 or Title 16 or which has been placed in the schedules of controlled substances pursuant to Chapter 47 of Title 16. “Drug” shall also include any substance or preparation having the property of releasing vapors or fumes which may be used for the purpose of producing a condition of intoxication, inebriation, exhilaration, stupefaction or lethargy or for the purpose of dulling the brain or nervous system.

(7) “Illicit or recreational drug” as that phrase is used in paragraph (a)(6) of this section means any substance or preparation that is:

a. Any material, compound, combination, mixture, synthetic substitute or preparation which is enumerated as a Schedule I controlled substance under § 4714 of Title 16; or

b. Cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of Title 16; or

c. Amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing any such substance, as described in § 4716(d)(1) of Title 16; or

d. Methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any such substance, as described in § 4716(d)(3) of Title 16; or

e. Phencyclidine, or of any mixture containing any such substance, as described in § 4716(e)(5) of Title 16; or

f. A designer drug as defined in § 4701 of Title 16; or

g. A substance or preparation having the property of releasing vapors or fumes which may be used for the purpose of producing a condition of intoxication, inebriation, stupefaction or lethargy or for the purpose of dulling the brain or nervous system.

(8) “Unlawful use or consumption” as that phrase is used in paragraph (a)(6) of this section means that the person used or consumed a drug without legal authority to do so as provided by Delaware law. This Code describes the procedure by which a person may lawfully obtain, use or consume certain drugs. In a prosecution brought under paragraph (a)(6) of this section, the State need not present evidence of a lack of such legal authority. In a prosecution brought under paragraph (a)(6) of this section, if a person claims that such person lawfully used or consumed a drug, it is that person’s burden to show that person has complied with and satisfied the provisions of this Code regarding obtaining, using or consumption of the drug detected.

(9) “Substance or compound that is the result of the unlawful use or consumption of an illicit or recreational drug” as that phrase is used in paragraph (a)(6) of this section shall not include any substance or compound that is solely an inactive ingredient or inactive metabolite of such drug.

(10) “Vehicle” shall include any vehicle as defined in § 101(93) of this title, any “off-highway vehicle” as defined in § 101 of this title and any “moped” as defined in § 101 of this title.

(11) “While under the influence” shall mean that the person is, because of alcohol or drugs or a combination of both, less able than the person would ordinarily have been, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the driving of a vehicle.

(d) Whoever is convicted of a violation of subsection (a) of this section shall:

(1) For the first offense, be fined not less than $500 nor more than $1,500 or imprisoned not more than 12 months or both. Any period of imprisonment imposed under this paragraph may be suspended.

(2) For a second offense occurring at any time within 10 years of a prior offense, be fined not less than $750 nor more than $2,500 and imprisoned not less than 60 days nor more than 18 months. The minimum sentence for a person sentenced under this paragraph may not be suspended. The sentencing Court may suspend the minimum sentence set forth in this subsection upon the condition that the offender shall successfully graduate from the Superior Court’s Veterans’ Treatment Court or successfully complete the Court of Common Pleas Driving Under the Influence Treatment Program in which the offender shall complete a minimum of 30 days of community service.

(3) For a third offense occurring at any time after 2 prior offenses, be guilty of a class G felony, be fined not more than $5,000 and be imprisoned not less than 1 year nor more than 2 years. The provisions of § 4205(b)(7) or § 4217 of Title 11 or any other statute to the contrary notwithstanding, the first 3 months of the sentence shall not be suspended, but shall be served at Level V and shall not be subject to any early release, furlough or reduction of any kind. The sentencing court may suspend up to 9 months of any minimum sentence set forth in this paragraph provided, however, that any portion of a sentence suspended pursuant to this paragraph shall include participation in both a drug and alcohol abstinence program and a drug and alcohol treatment program as set forth in paragraph (d)(9) of this section.

(4) For a fourth offense occurring any time after 3 prior offenses, be guilty of a class E felony, be fined not more than $7,000, and imprisoned not less than 2 years nor more than 5 years. The provisions of § 4205(b)(5) or § 4217 of Title 11 or any other statute to the contrary notwithstanding, the first 6 months of the sentence shall not be suspended, but shall be served at Level V and shall not be subject to any early release, furlough or reduction of any kind. The sentencing court may suspend up to 18 months of any minimum sentence set forth in this paragraph provided, however, that any portion of a sentence suspended pursuant to this paragraph shall include participation in both a drug and alcohol abstinence program and a drug and alcohol treatment program as set forth in paragraph (d)(9) of this section.

(5) For a fifth offense occurring any time after 4 prior offenses, be guilty of a class E felony, be fined not more than $10,000 and imprisoned not less than 3 years nor more than 5 years.

(6) For a sixth offense occurring any time after 5 prior offenses, be guilty of a class D felony, be fined not more than $10,000 and imprisoned not less than 4 years nor more than 8 years.

(7) For a seventh offense occurring any time after 6 prior offenses, or for any subsequent offense, be guilty of a class C felony, be fined not more than $15,000 and imprisoned not less than 5 years nor greater than 15 years.

(8) For the fifth, sixth, seventh offense or greater, the provisions of § 4205(b) or § 4217 of Title 11 or any other statute to the contrary notwithstanding, at least 1/2 of any minimum sentence shall be served at Level V and shall not be subject to any early release, furlough or reduction of any kind. The sentencing court may suspend up to 1/2 of any minimum sentence set forth in this section provided, however, that any portion of a sentence suspended pursuant to this paragraph shall include participation in both a drug and alcohol abstinence program and a drug and alcohol treatment program as set forth in paragraph (d)(9) of this section. No conviction for a violation of this section, for which a sentence is imposed pursuant to this paragraph or paragraph (d)(3) or (d)(4) of this section, shall be considered a predicate felony for conviction or sentencing pursuant to § 4214 of Title 11. No offense for which sentencing pursuant to this paragraph or paragraph (d)(3) or (d)(4) of this section is applicable shall be considered an underlying felony for a murder in the first degree charge pursuant to § 636(a)(2) of Title 11.

(9) Any minimum sentence suspended pursuant to paragraph (d)(3), (d)(4), or (d)(8) of this section shall be upon the condition that the offender shall complete a program of supervision which shall include:

a. A drug and alcohol abstinence program requiring that the offender maintain a period of not less than 90 consecutive days of sobriety as measured by a transdermal continuous alcohol monitoring device or through periodic breath or urine analysis. In addition to such monitoring, the offender shall participate in periodic, random breath or urine analysis during the entire period of supervision.

b. An intensive inpatient or outpatient drug and alcohol treatment program for a period of not less than 3 months as approved by the Court or the Department of Correction.

1. Such treatment and counseling may be completed either while an offender is serving any level of supervision as defined by § 4204(c)(2) through (5) of Title 11 or after arrest but before adjudication of the offense.

2. Notwithstanding paragraph (d)(9)b.1. of this section, the offender must complete the required drug and alcohol treatment program within 9 months from the date the offender is sentenced or from the date of release following a Level V or Level IV sentence.

3. If an offender fails to complete the required drug and alcohol treatment program as required under paragraph (d)(9)b.2. of this section, the court shall impose the portion of the minimum sentence suspended by the court under paragraphs (d)(3), (d)(4), or (d)(8) of this section for the offender’s participation in the program.

4. On petition by the offender, or the Department of Correction, filed before the expiration of the 9-month period under paragraph (d)(9)b.2. of this section, the court may, for good cause shown, extend the 9-month period to accommodate the completion of the required drug and alcohol treatment program.

c. Any other terms or provisions deemed appropriate by the sentencing court or the Department of Correction.

(10) In addition to the penalties otherwise authorized by this subsection, any person convicted of a violation of subsection (a) of this section, committed while a person who has not yet reached the person’s seventeenth birthday is on or within the vehicle shall:

a. For the first offense, be fined an additional minimum of $500 and not more than an additional $1,500 and sentenced to perform a minimum of 40 hours of community service in a program benefiting children.

b. For each subsequent like offense, be fined an additional minimum of $750 and not more than an additional $2,500 and sentenced to perform a minimum of 80 hours of community service in a program benefiting children.

c. Violation of this paragraph shall be considered as an aggravating circumstance for sentencing purposes for a person convicted of a violation of subsection (a) of this section. Nothing in this paragraph shall prevent conviction for a violation of both subsection (a) of this section and any offense as defined elsewhere by the laws of this State.

d. Violation of or sentencing pursuant to this paragraph shall not be considered as evidence of either comparative or contributory negligence in any civil suit or insurance claim, nor shall a violation of or sentencing pursuant to this paragraph be admissible as evidence in the trial of any civil action.

(11) A person who has been convicted of prior or previous offenses of this section, as defined in § 4177B(e) of this title, need not be charged as a subsequent offender in the complaint, information or indictment against the person in order to render the person liable for the punishment imposed by this section on a person with prior or previous offenses under this section. However, if at any time after conviction and before sentence, it shall appear to the Attorney General or to the sentencing court that by reason of such conviction and prior or previous convictions, a person should be subjected to paragraph (d)(3), (d)(4), (d)(5), (d)(6) or (d)(7) of this section, the Attorney General shall file a motion to have the defendant sentenced pursuant to those provisions. If it shall appear to the satisfaction of the court at a hearing on the motion that the defendant falls within paragraph (d)(3), (d)(4), (d)(5), (d)(6) or (d)(7) of this section, the court shall enter an order declaring the offense for which the defendant is being sentenced to be a felony and shall impose a sentence accordingly.

(12) The Court of Common Pleas and Justice of the Peace Courts shall not have jurisdiction over offenses which must be sentenced pursuant to paragraph (d)(3), (d)(4), (d)(5), (d)(6), (d)(7), (d)(8) or (d)(9) of this section.

(13) The Justice of the Peace Court shall have jurisdiction to accept pleas of guilt and to impose sentence for violations of this section that are not subject to sentencing pursuant to paragraphs (d)(3) through (d)(9) of this section and to enter conditional adjudications of guilt requiring or permitting a person to enter a first offender election pursuant to § 4177B of this title. The Justice of the Peace Court shall not have jurisdiction to try any violations of this section. If an offense or criminal case within the exclusive jurisdiction of a justice of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, is or may be joined properly with a violation of this section, such offense or criminal case shall remain joined with any violation of this section for the purpose of trial.

(14) If a person enters a guilty plea in a court of competent jurisdiction to a violation of subsection (a) of this section, such action shall constitute a waiver of the right to an administrative hearing as provided for in § 2742 of this title and shall act to withdraw any request previously made therefor.

(15) Notwithstanding any law to the contrary, the phrase “all crimes” as used in the Truth in Sentencing Act of 1989 shall include felonies under this section, and any amendments thereto.

(e) In addition to any penalty for a violation of subsection (a) of this section, the court shall prohibit the person convicted from operating any motor vehicle unless such motor vehicle is equipped with a functioning ignition interlock device; the terms of installation of the device and licensing of the individual to drive shall be as set forth in § 4177C and § 4177G of this title. A person who is prohibited from operating any motor vehicle unless such motor vehicle is equipped with a functioning ignition interlock device under this title at the time of an offense under subsection (a) of this section shall, in addition to any other penalties provided under law, pay a fine of $2,000 and be imprisoned for 60 days.

(f) In addition to any penalty for a violation of subsection (a) of this section, the court shall order the person to complete an alcohol evaluation and to complete a program of education or rehabilitation pursuant to § 4177D of this title which may include inpatient treatment and be followed by such other programs as established by the treatment facility, not to exceed a total of 15 months and to pay a fee not to exceed the maximum fine; provided however, that successful graduation from the Superior Court’s Veterans’ Treatment Court or the successful completion of the Court of Common Pleas Driving Under the Influence Treatment Program shall satisfy this requirement.

(g) For purposes of a conviction premised upon subsection (a) of this section, or any proceeding pursuant to this Code in which an issue is whether a person was driving a vehicle while under the influence, evidence establishing the presence and concentration of alcohol or drugs in the person’s blood, breath or urine shall be relevant and admissible. Such evidence may include the results from tests of samples of the person’s blood, breath or urine taken within 4 hours after the time of driving or at some later time. In any proceeding, the resulting alcohol or drug concentration reported when a test, as defined in paragraph (c)(3) of this section, is performed shall be deemed to be the actual alcohol or drug concentration in the person’s blood, breath or urine without regard to any margin of error or tolerance factor inherent in such tests.

(1) Evidence obtained through a preliminary screening test of a person’s breath in order to estimate the alcohol concentration of the person at the scene of a stop or other initial encounter between a law-enforcement officer and the person shall be admissible in any proceeding to determine whether probable cause existed to believe that a violation of this Code has occurred. However, such evidence may only be admissible in proceedings for the determination of guilt when evidence or argument by the defendant is admitted or made relating to the alcohol concentration of the person at the time of driving.

(2) Nothing in this section shall preclude conviction of an offense defined in this Code based solely on admissible evidence other than the results of a chemical test of a person’s blood, breath or urine to determine the concentration or presence of alcohol or drugs.

(3) A jury shall be instructed by the court in accordance with the applicable provisions of this subsection in any proceeding pursuant to this Code in which an issue is whether a person was driving a vehicle while under the influence of alcohol or drugs or a combination of both.

(h) (1) For the purpose of introducing evidence of a person’s alcohol concentration or the presence or concentration of any drug pursuant to this section, a report signed by the Forensic Toxicologist, Forensic Chemist or State Police Forensic Analytical Chemist who performed the test or tests as to its nature is prima facie evidence, without the necessity of the Forensic Toxicologist, Forensic Chemist or State Police Forensic Analytical Chemist personally appearing in court:

a. That the blood delivered was properly tested under procedures approved by the Division of Forensic Science, or the Delaware State Police Crime Laboratory;

b. That those procedures are legally reliable;

c. That the blood was delivered by the officer or persons stated in the report; and,

d. That the blood contained the alcohol, drugs or both therein stated.

(2) Any report introduced under paragraph (h)(1) of this section must:

a. Identify the Forensic Toxicologist, Forensic Chemist or State Police Forensic Analytical Chemist as an individual certified by the Division of Forensic Science, the Delaware State Police Crime Laboratory or any county or municipal police department employing scientific analysis of blood, as qualified under standards approved by the Division of Forensic Science, or the Delaware State Police Crime Laboratory to analyze the blood;

b. State that the person made an analysis of the blood under the procedures approved by the Division of Forensic Science or the Delaware State Police Crime Laboratory; and,

c. State that the blood, in that person’s opinion, contains the resulting alcohol concentration or the presence or concentration of any drug within the meaning of this section.

Nothing in this subsection precludes the right of any party to introduce any evidence supporting or contradicting the evidence contained in the report entered pursuant to paragraphs (h)(1) and (2) of this section.

(3) For purposes of establishing the chain of physical custody or control of evidence defined in this section which is necessary to admit such evidence in any proceeding, a statement signed by each successive person in the chain of custody that the person delivered it to the other person indicated on or about the date stated is prima facie evidence that the person had custody and made the delivery stated, without the necessity of a personal appearance in court by the person signing the statement, in accordance with the same procedures outlined in § 4331(3) of Title 10.

(4) In a criminal proceeding, the prosecution shall, upon written demand of a defendant filed in the proceedings at least 15 days prior to the trial, require the presence of the Forensic Toxicologist, Forensic Chemist, State Police Forensic Analytical Chemist, or any person necessary to establish the chain of custody as a witness in the proceeding. The chain of custody or control of evidence defined in this section is established when there is evidence sufficient to eliminate any reasonable probability that such evidence has been tampered with, altered or misidentified.

(i) In addition to any other powers of arrest, any law-enforcement officer is hereby authorized to arrest without a warrant any person who the officer has probable cause to believe has violated the provisions of this section, regardless of whether the alleged violation was committed in the presence of such officer. This authority to arrest extends to any hospital or other medical treatment facility located beyond the territorial limits of the officer’s jurisdiction provided there is probable cause to believe that the violation of this section occurred within the officer’s jurisdiction. This authority to arrest also extends to any place where the person is found within 4 hours of the alleged driving of a vehicle if there is reason to believe the person has fled the scene of an accident in which that person was involved, and provided there is probable cause to believe that the violation of this section occurred within the officer’s jurisdiction.

(j) Any court in which a conviction of or guilty plea to a driving under the influence offense shall include the blood alcohol concentration of the defendant (if any is on record) when forwarding notice of said conviction or guilty plea to the Division of Motor Vehicles.
21 Del. C. § 2139I — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139I
§ Â
        2139I. Special license plates for holders of Gold Star lapel buttons.
Status: in_force

(a) (1) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle of a special Gold Star family registration number; provided, however, that the owner of the vehicle qualifies under paragraph (a)(2) of this section.

(2) Special registration may be issued by the Department under this section if the applicant provides sufficient official documentation of being awarded a Gold Star lapel button by the United States Department of Defense in recognition of a close relative’s death while serving in the military.

(b) This section applies only to:

(1) A private passenger vehicle; or

(2) A truck with a 3/4-ton or less manufacturer’s rated capacity.

(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section.

(d) The Department shall reserve sufficient special license plates including the letters “GS” and numbered consecutively beginning with the numeral “1” as are necessary to implement this section. In addition, any special license plate issued pursuant to this section shall include a gold star and the phrase “Gold Star Family”.

(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse exists, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.
21 Del. C. § 6705 — Delaware Code / Title 21 / Chapter 67 / Subchapter I / Section 6705
§ Â
        6705. Removed, falsified or unauthorized identification number on vehicle, bicycle or engine; removed or affixed license/registration plate with intent to misrepresent identity; penalty.
Status: in_force

(a) A person who wilfully removes to falsify or falsifies an identification number of a vehicle, a bicycle or an engine for a vehicle is guilty of a misdemeanor.

(b) A person who wilfully and with intent to conceal or misrepresent the identity of a vehicle, a bicycle or engine removes or falsifies an identification number of the vehicle or engine is guilty of a felony.

(c) A person who buys, sells, receives, possesses or disposes of a vehicle, a bicycle or an engine of a vehicle, knowing that an identification number of the vehicle or engine has been removed or falsified, is guilty of a misdemeanor.

(d) A person who buys, sells, receives, possesses or disposes of a vehicle, a bicycle or an engine for a vehicle, with knowledge that an identification number of the vehicle or engine has been removed or falsified and with intent to conceal or misrepresent the identity of the vehicle or engine, is guilty of a felony.

(e) A person who removes a license/registration plate from a vehicle or affixes to a vehicle a license/registration plate not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of the vehicle or its owner, is guilty of a misdemeanor.

(f) An identification number may be placed on a vehicle, a bicycle or engine by its manufacturer in the regular course of business or placed or restored on a vehicle, a bicycle or engine by authority of the Division without violating this section; an identification number so placed or restored is not falsified.

(g) No person, unless duly authorized by the Director of the Division of Motor Vehicles or an agent of the Director, shall remove or alter a license/registration plate from any motor vehicle, trailer or semitrailer, or part thereof, or have in possession any motor vehicle, trailer or semitrailer, or part thereof, where the license/registration has been removed without first obtaining permission, in writing, from the said Director.

(h) Whoever is found guilty of a misdemeanor under this section shall be fined not less than $57.50 nor more than $575, or imprisoned not less than 30 days nor more than 6 months or both. Whoever is found guilty of a felony under this section shall be fined not less than $575 nor more than $5,750, or imprisoned not less than 1 year nor more than 5 years or both. Superior Court shall have jurisdiction. In addition to any fine levied for conviction of theft under this section, the defendant shall be ordered to pay restitution to the victim of the theft.
21 Del. C. § 2718 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2718
§ Â
        2718. Information on licenses [For application of this section, see 85 Del. Laws, c. 40, Â 15].
Status: in_force

(a) Every license shall bear thereon the distinguishing number assigned to the licensee and shall contain the name, age, residential address and a brief description of the licensee for the purpose of identification and shall have a space for the signature of the licensee. Every license shall also bear thereon a photograph of the licensee. Upon approval by the Director of the Division of Motor Vehicles, in the Director’s discretion, the requirement for a photograph may be waived, if circumstances prevent the licensee from appearing on or near the time of renewal. The licensee’s Social Security number is used for identification purposes and shall be maintained in the Division of Motor Vehicle’s record system. In addition to the information described in this section, a driving privilege card or permit issued in accordance with § 2711 of this title shall be unique in design and bear on its face the phrase “Driving Privilege Only,” and the phrase “Not Valid For Identification.”

(b) The Division of Motor Vehicles shall provide a method for permitting a person making application for a license or identification card, or for renewal thereof, to have designated thereon that such person is a donor pursuant to subchapter II, Chapter 27 of Title 16, the Uniform Anatomical Gift Act.

(1) Upon such designation, the Division of Motor Vehicles shall in a manner prescribed by the Division make a suitable notation upon the license or identification card indicating that the person is a donor.

(2) The designation shall constitute sufficient legal authority for the removal of a body or part thereof upon the person’s death and the designation shall be removed only upon written notice to the Division by the donor.

(3) At the time the donor authorizes the designation to appear on the donor’s license or identification card, the donor shall be notified that the designation can be removed only upon written notice to the Division.

(4) For purposes of this section, license shall not include any temporary license.

(c) The Division of Motor Vehicles shall provide a method for permitting a person applying for a license or identification card, or for renewal thereof, to have designated thereon that such person has a medical condition which may require special attention.

(1) Upon such designation, the Division of Motor Vehicles shall in a manner prescribed by the Division make a suitable notation upon the license or identification card indicating that such person has a medical condition which may require special attention.

(2) At the time the licensee authorizes the designation to appear on the licensee’s license or identification card, the licensee shall be notified that the designation can be removed only upon written notice to the Division.

(3) For purposes of this subsection, license shall not include any temporary license.

(4) No designation shall be noted upon the license or identification card of any person under 18 years of age unless written permission of the parents or guardian is granted.

(5) For the purposes of this subsection “medical condition” includes the execution of a pre-hospital advance care directive under Chapter 25 of Title 16 or Delaware Medical Orders for Scope of Treatment under Chapter 25A of Title 16, and those orders from other states, which have become effective under Chapter 25A of Title 16.

(d) A driver’s license applicant or holder of a driver’s license shall provide the Division with the applicant’s or holder’s social security number if eligible. This shall take place at the time of renewal of such driver’s license or at the time a new license is issued to the applicant for any reason.

(e) If an applicant is required to register as a sex offender pursuant to Section 4120 of Title 11, as amended, for a felony conviction the sentencing court shall take possession of the driver’s license and shall tender to the person being sentenced a temporary license, directing that the person report to the Division of Motor Vehicle for a replacement driver’s license with the following code under restrictions: Y indicating sex offender. The person shall tender to the Division of Motor Vehicle a fee of $10 for the replacement license. Upon a person being removed from the registration requirement, the Division of Motor Vehicle shall issue a license without the sex offender code printed upon the license at no charge. The sentencing court shall forward to the Division all licenses that it receives, along with a copy of the sentencing order.

(f) Failure to comply with subsection (e) of this section within 30 days of a qualifying felony conviction pursuant to § 4120 of Title 11 will result in the suspension of driving privileges by the Division of Motor Vehicles.

(g) The Division of Motor Vehicles shall upon submission of satisfactory proof, designate on a driver license that the holder is a veteran of the uniformed services of the United States. As used in this section, “uniformed services of the United States” means any of the following service branches:United States Army, United States Marine Corps, United States Navy, United States Air Force, United States Space Force, United States Coast Guard, United States Public Health Service Commissioned Corps, National Oceanic and Atmospheric Administration, a reserve component of any of the service branches, or the National Guard.

(1) An applicant qualifies to have designation that the holder is a veteran added to their driver license if the applicant served in the uniformed services of the United States and was discharged or released from service under conditions other than dishonorable.

(2) Satisfactory proof that the applicant is a veteran includes any of the following:

a. Form DD-214, Certificate of Release or Discharge from Active Duty.

b. Form DD-256, Discharge Certificate that states “General Under Honorable Conditions”.

c. Form NGB-22, Report of Separation and Record of Service, Departments of the Army and the Airforce, National Guard Bureau.

d. Valid military ID card including any of the following:

1. White Common Access Card.

2. Department of Defense Blue ID.

3. Department of Defense Red ID.

e. A valid driver license issued by a state other than Delaware with designation that the holder is a veteran.

f. PHS Form 1867, Statement of Service — Verification of Status of Commissioned Officers of the U.S. Public Health Service; also referred by the short title, “Statement of Service.”

g. NOAA Form 56-16, Report of Transfer or Discharge.

(3) When the licensee desires to add designation that the holder is a veteran as part of an initial application, renewal, or duplicate of a license, no fee in addition to the standard application or renewal fee may be charged for adding designation that the holder is a veteran.

(4) When the licensee desires to add designation that the holder is a veteran before license renewal, a fee of $10 may be assessed for such change.

(5) The Division shall coordinate with the Delaware Office of Veterans Services to establish a method of authenticating unclear military documentation.
21 Del. C. § 2901 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2901
§ Â
        2901. Motor vehicles exempted.
Status: in_force

This chapter shall not apply with respect to any motor vehicle owned by the United States, this State or any political subdivision of this State or any municipality therein or with respect to any motor vehicle which is subject to the requirements of §§ 6101 and 6102 of this title; however, § 2904 of this title shall apply to motor vehicles owned by this State.
21 Del. C. § 6828 — Delaware Code / Title 21 / Chapter 68 / Section 6828
§ Â
        6828. Enforcement of chapter.
Status: in_force

Any peace, police or environmental protection officer, acting in the lawful performance of duty, shall be empowered to enforce this chapter.
21 Del. C. § 4601 — Delaware Code / Title 21 / Chapter 46 / Section 4601
§ Â
        4601. Introduction, sale, distribution or advertisement for sale to public of motor vehicle master keys; penalties.
Status: in_force

(a) Whoever knowingly introduces, manufactures for introduction or transports or distributes in this State any motor vehicle master key shall be fined not more than $2,000, or imprisoned not more than 5 years or both.

(b) Whoever knowingly disseminates or knowingly causes to be disseminated any advertisement or sale to the public of this State motor vehicle master keys shall be fined not more than $2,000, or imprisoned not more than 5 years or both.

(c) As used in this section, “master key” means any key adapted to fit the ignition switch of 2 or more motor vehicles, the ignition switches of which are designed to operate by different keys.
21 Del. C. § 3102 — Delaware Code / Title 21 / Chapter 31 / Section 3102
§ Â
        3102. Application.
Status: in_force

(a) Every application for an identification card shall be made on an application form furnished by the Division. The original application shall be verified by the applicant before a person authorized to administer oaths.

(b) Every application shall state the name, Social Security number, if eligible, except as otherwise provided in § 2711 of this title, date of birth, sex and residence address of the applicant and whether or not the applicant is licensed by the State to operate a motor vehicle.

(c) The Division of Motor Vehicles shall provide notice of the obligation to register pursuant to § 4120 of Title 11 to each new resident applicant for an identification card. Every applicant for a state identification card shall sign an acknowledgment provided by the Division that the applicant has received notice that registration in compliance with § 4120 of Title 11 is mandatory for any person who has been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as 1 or more of the offenses referenced in § 4120(a) of Title 11, and that such registration must occur within 7 days of coming into any county, city or town in which the applicant temporarily resides or is domiciled for that length of time.

All such acknowledgments shall be kept as permanent records by the Division in a format approved by the Director of Historical and Cultural Affairs which may include storage on microfiche or other nonpaper forms of permanent retention.

(d) (1) Any male applicant who applies for an identification card or a renewal of any such document and who is at least 18 years of age but less than 26 years of age shall be registered in compliance with the requirements of § 3 of the “Military Selective Service Act,” 50 U.S.C. App. sec. 453, as amended.

(2) The Department shall forward in an electronic format the necessary personal information of the applicants identified in this subsection to the selective service system. The applicant’s signature on the application shall serve as an indication that the applicant either has already registered with the selective service system or that the applicant is authorizing the Department to forward to the selective service system the necessary information for such registration. The Department shall notify the applicant at the time of application that the applicant’s signature constitutes consent to registration with the selective service system, if the applicant is not already registered.
21 Del. C. § 2340 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2340
§ Â
        2340. Failure to satisfy lien after payment; satisfaction by Secretary; penalty.
Status: in_force

For failure to satisfy any lien or encumbrance within 30 days after final payment has been made, the lien holder shall be fined not less than $25 nor more than $100. Proceedings for enforcement of these provisions shall be made by the Secretary of Transportation in the office of any justice of the peace in the State. Should any lien holder fail, refuse or neglect to satisfy any lien or encumbrance within 60 days after final payment thereon has been made, the Secretary, after due and timely notice given to the lien holder, may, upon the presentation of convincing evidence which the Secretary shall retain in the Secretary’s office and file with the lien registrar, satisfy such lien or encumbrance recorded in the lien register.
21 Del. C. § 4187 — Delaware Code / Title 21 / Chapter 41 / Subchapter XI / Section 4187
§ Â
        4187. Coasting prohibited.
Status: in_force

(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral.

(b) The driver of any motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.
21 Del. C. § 7003 — Delaware Code / Title 21 / Chapter 70 / Section 7003
§ Â
        7003. Payment by voluntary assessment; presumptions; procedure for contesting; failure to pay or contest.
Status: in_force

(a) Payment by voluntary assessment. — An owner or operator shall pay the amount on the summons to the voluntary assessment center listed on the summons. No court costs or other administrative fee shall be assessed if a civil penalty is paid by voluntary assessment. In lieu of payment, an owner or operator may notify the applicable voluntary assessment center, within the time period specified on the summons, that such owner or operator requests a hearing in the Justice of the Peace Court.

(b) Presumptions. — (1) If any vehicle found to be in violation of this subchapter or any ordinance, code or regulation regulating stopping, standing or parking is unattended at the time the violation is discovered and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held responsible for such violation, unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person. Such presumption shall be rebutted if the owner:

a. Prior to the due date furnishes to the voluntary assessment center either:

1. An affidavit stating that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person, or company who leased, rented or otherwise had the care, custody or control of the vehicle; or

2. Attaches a certified copy of a police report showing that the vehicle or license plate(s) thereof had been reported to the police as stolen prior to the time of the alleged violation; or

b. Provides proof in court that the owner was not the operator of the vehicle at the time of the alleged violation.

(2) A summons may be issued by the prosecuting agency to a person identified by affidavit or evidence in court as the actual operator of the vehicle shown to have violated this chapter. There shall be a presumption that the person so identified as the driver. The presumption may be rebutted as described in this subsection.

(c) Procedure for contesting. — (1) A request for a hearing must be made no later than the due date indicated on the summons, which date shall not be sooner than 20 days from the date the summons was issued.

(2) The voluntary assessment center shall notify the appropriate Justice of the Peace Court when a hearing is requested.

(d) Failure to pay or contest the violation. — If the owner or operator:

(1) Fails to respond to the summons on or before the due date in any of the manners permitted by this section, or

(2) Requests a hearing and fails to appear,

the Court may, upon motion, enter a default judgment against such owner or operator. However, when the default judgment is sought for a failure to respond to the summons, no default judgment shall be entered until notice by first class mail is sent by the Court to such owner or operator providing the owner or operator with 10 days to pay the civil penalty to the Court or request a hearing to contest the charge. A default judgment may include any applicable increases in the amount of the civil penalty for failure to timely pay or contest. The applicable city, county or state agency may seek execution on any judgment entered by the Court.

In addition, the applicable city, county or state agency may tow the vehicle if it is located in its jurisdiction and levy on it for the amount of unpaid tickets plus towing charges.
21 Del. C. § 2134 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2134
§ Â
        2134. Special license plates for persons with disabilities which limit or impair the ability to walk; parking; penalties.
Status: reserved

(a) The owner of a vehicle registered in Delaware and described in subsection (b) of this section may apply to the Department for the issuing to the vehicle a special license plate for persons with disabilities which limit or impair the ability to walk if a licensed physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, certifies that the applicant or a household member has 1 or more of the following disabilities that are permanent with no prognosis for improvement:

(1) Cannot walk 200 feet without stopping to rest;

(2) Cannot walk safely without the use of or assistance from a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device;

(3) Is restricted by lung disease to such an extent that the applicant’s or household member’s forced (respiratory) expiratory volume for 1 second, when measured by spirometry, is less than 1 liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest;

(4) Uses portable oxygen;

(5) Has a cardiac condition to the extent that the applicant’s or household member’s functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or

(6) Is severely limited in that person’s own ability to walk due to an arthritic, neurological or orthopedic condition.

(b) This section applies only to passenger cars, station wagons, pickup trucks, motorcycles, panel van trucks and other motor vehicles that are reasonably used by persons with disabilities which limit or impair the ability to walk and that have a gross registered weight which does not exceed 14,000 lbs.

(c) A special license plate may be issued under this section only if the applicant submits proof satisfactory to the Department that the applicant or a household member has a disability that is permanent with no prognosis for improvement as described in paragraphs (a)(1)-(6) of this section. Satisfactory proof prior to issuance must include the signature of a licensed physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, on a Department special disabled license plate or placard applicant form on which the physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, certifies the applicant’s or household member’s permanent disability. Renewal of the registration for the vehicle to which the special license plate is assigned shall require the applicant to submit a written certification that the applicant continues to require the special license plate for the reason or reasons it was initially issued; a new certification is not required. The issuance of a special license plate does not preclude the issuance of 1 removable windshield placard pursuant to § 2135 of this title.

(d) The fee for the issuance or reissuance of a special license plate may not exceed the fee charged for the issuance or reissuance of a standard license plate for the same class of vehicle.

(e) A special license plate issued pursuant to this section must display the internationally recognized wheelchair symbol of access in the same size as the numbers and/or letters on the plate.

(f) (1) A person for whom a special license plate is issued under this section or under a similar statute of any other state or country may park in parking spaces or zones as follows:

a. Restricted for use by persons with disabilities which limit or impair the ability to walk.

b. For an unlimited period in an unmetered parking space or zone restricted as to the length of parking time permitted.

c. In a metered parking space for no less than 1 hour.

d. If a parking space is assigned to a specific person with a disability as that person’s residential or business parking space, that person may use the space without any time restriction.

(2) A person who is driving a vehicle with a special license plate issued under this section or under a similar statute of any other state or country may not park in any of the following places:

a. In a space or zone where stopping, standing, or parking is prohibited to all vehicles.

b. In a space or zone which is reserved for other special types of vehicles.

c. In a space or zone assigned to another person for the other person’s residential or business use.

d. Where a local ordinance prohibits parking during heavy traffic periods in morning, afternoon, or evening rush hours.

e. Where parking clearly would present a traffic hazard.

(3) The person for whom a special license plate is issued under this section or under a similar statute of any other state or country must be the driver of or a passenger in the vehicle bearing the special plate whenever the vehicle parks in a parking space or zone restricted for use only by vehicles with a special license plate or placard for persons with disabilities which limit or impair the ability to walk.

(g) (1) A person who intentionally presents false information to a licensed physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, or to the Department in an attempt to obtain a special license plate under this section shall be guilty of an unclassified misdemeanor. For the first offense, the person shall receive a mandatory fine of $100. For each subsequent like offense, the person shall receive a mandatory fine of $200 or be imprisoned for not less than 10 nor more than 30 days, or both. Any other violation of this section is a violation. Justices of the peace have jurisdiction over violations of this section.

(2) A summons may be attached to an unattended vehicle found in violation of any of the provisions of this section by any police officer or State Police Academy cadet authorized to issue a summons for a violation of this section. It is prima facie evidence that the person in whose name the unattended vehicle is registered is responsible for the violation.

(h) The Department may adopt rules and regulations that are reasonable or necessary for the implementation of this section.
21 Del. C. § 701 — Delaware Code / Title 21 / Chapter 7 / Section 701
§ Â
        701. Arrest without warrant for motor vehicle violations.
Status: in_force

(a) The Secretary of Safety and Homeland Security, the Secretary of Safety and Homeland Security’s deputies, Division of Motor Vehicles investigators, State Police, state detectives and other police officers authorized by law to make arrests for violation of the motor vehicle and traffic laws of this State, provided such officers are in uniform or displaying a badge of office or an official police identification folder, may arrest a person without a warrant:

(1) For violations of this title committed in their presence; or

(2) For violations of § 4169 of this title, relating to speed violations, when the speed is determined by radar, electronic devices, electromechanical devices, audio sensor devices, visual sensor devices or aerial spotting, even though the officer making the arrest did not actually observe the radar speed meter or observe the violation from the aircraft, provided such arresting officer is in a position to observe the vehicle being detected and provided that the officer is working in conjunction with the reading or observing officer and is immediately advised of the violation and that the vehicle being apprehended is the vehicle detected; or

(3) For violations of § 4108(a)(3) of this title relating to red traffic lights, when the violation is determined by personal observation by another law-enforcement officer who communicates the information to the arresting officer by radio or other telecommunications device, provided that the arresting officer is working in conjunction with the observing officer, the arresting officer is immediately advised of the violation and the vehicle being apprehended is the vehicle detected; or

(4) For violations of § 4176C(a) of this title relating to electronic communication devices, when the violation is determined by personal observation by another law-enforcement officer who communicates the information to the arresting officer by radio or other telecommunications device, provided that the arresting officer is working in conjunction with the observing officer, the arresting officer is immediately advised of the violation and the vehicle being apprehended is the vehicle detected;

(5) For violations of § 4802(a)(1) or (2) or § 4803 of this title relating to seat belts, when the violation is determined by personal observation by another law-enforcement officer who communicates the information to the arresting officer by radio or other telecommunications device, provided that the arresting officer is working in conjunction with the observing officer, the arresting officer is immediately advised of the violation and the vehicle being apprehended is the vehicle detected; or

(6) For violations of § 4172 of this title relating to speed exhibitions, drag races and other speed contests, when the violation is determined by personal observation, video surveillance device, other method of identifying the vehicle, or a review of any existing video recording of the violation. The violation may also be determined by personal observation by another law-enforcement officer who immediately communicates the information to the arresting officer, provided the arresting officer is working in conjunction with the observing officer, and the vehicle being apprehended is the vehicle detected.

(b) Any police officer authorized to arrest without warrant under subsection (a) of this section is further authorized at the scene of a motor vehicle accident, upon reasonable and probable cause to believe, based upon personal investigation which may include information obtained from eyewitnesses, that a violation has been committed by any person then and there present, to arrest such person without a warrant of arrest.

(c) Any arrests for violations of § 4168 or § 4169 of this title or any local ordinance equivalent thereof by a municipal, town or city police department within its jurisdiction as defined by its charter on a state highway shall occur only if:

(1) A “reduced speed ahead” sign is posted at a sufficient distance as determined by the Department of Transportation prior to the start of the speed zone being enforced if the speed limit enforced is less than 55 miles per hour or a “speed limit 55” (or 65, as appropriate) “strictly enforced” sign is posted at a sufficient distance as determined by the Department of Transportation prior to the start of the speed zone being enforced;

(2) A speed limit sign with the limit is posted at the start of the speed zone;

(3) A yellow “strictly enforced” sign is posted below the speed limit sign;

(4) An “entering corporate limits of ” sign, with the name of the city, town or municipality inserted on the sign, is posted at the corporate limits;

(5) A “leaving corporate limits of ” sign, with the name of the city, town or municipality inserted on the sign, is posted at the end of the corporate limits; and

(6) Any signs required under this subsection shall be installed by the Department of Transportation, with the costs borne by the Department of Transportation. Said signs shall be no less than 2′ by 3′ in size, and shall be posted on the left and right sides of the highway being monitored.

(d) “State highways,” as used in subsection (c) of this section, include the following:

(1) U.S. 13;

(2) U.S. 113;

(3) Delaware Route 1 (SR 1);

(4) Interstate I-95;

(5) Interstate I-495;

(6) Delaware Route 141;

(7) Delaware Route 2;

(8) Delaware Route 896;

(9) Delaware Route 4;

(10) U.S. Route 40;

(11) U.S. Route 301;

(12) U.S. 202; and

(13) Interstate I-295.

(e) No municipal, town or city police department shall operate any speed enforcement equipment outside of its corporate limits, notwithstanding any municipal charter provision or provision of this Code to the contrary.
21 Del. C. § 2331 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2331
§ Â
        2331. Evidence of liens on application for a certificate of title.
Status: in_force

Every application for a certificate of title shall contain a section where the applicant must disclose any and all liens on the vehicle to be titled.
21 Del. C. § 4341 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4341
§ Â
        4341. Visibility of reflectors, clearance lamps and marker lamps.
Status: in_force

(a) Every reflector upon any vehicle referred to in § 4338 of this title shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.

(b) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of 500 feet from the front and rear, respectively, of the vehicle.

(c) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the time lights are required at a distance of 500 feet from the side of the vehicle on which mounted.
21 Del. C. § 2972 — Delaware Code / Title 21 / Chapter 29 / Subchapter IV / Section 2972
§ Â
        2972. Surrender of license.
Status: in_force

Any person whose license is suspended as provided in this chapter or whose policy of insurance or bond when required under this chapter is canceled or terminated or who neglects to furnish other proof upon request of the Secretary of Transportation shall immediately return the person’s license to the Secretary of Transportation. If any person fails to return to the Secretary of Transportation the license as provided herein, the Secretary of Transportation shall forthwith direct any peace officer to secure possession thereof and to return the same to the Secretary of Transportation.
21 Del. C. § 8505 — Delaware Code / Title 21 / Chapter 85 / Section 8505
§ Â
        8505. Penalties.
Status: in_force

Any person who violates this chapter shall be punished by a fine of not less than $5,000 nor more than $10,000 for the first offense and not less than $10,000 nor more than $20,000 for each subsequent offense.
21 Del. C. § 6807 — Delaware Code / Title 21 / Chapter 68 / Section 6807
§ Â
        6807. Out-of-state OHV registration.
Status: in_force

The Department shall issue a 1-year registration number decal, valid for the present calendar year, to out-of-state OHVs operated by a resident of a state or county where registration is not required. The fee for this decal shall be $6.00.
21 Del. C. § 4501 — Delaware Code / Title 21 / Chapter 45 / Section 4501
§ Â
        4501. Size and weight of vehicles generally.
Status: in_force

(a) No person shall drive or move, or, being the owner, cause or knowingly permit to be driven or moved on any highway, any vehicle or combination of vehicles:

(1) Having a size or weight exceeding the limitations stated in this chapter; or

(2) Having a gross weight exceeding that for which it is lawfully registered; or

(3) In violation of any provision of this title; or

(4) Having a gross weight exceeding that for which it could have been registered in this State if it is registered for a greater weight in another state, unless a reciprocity agreement between the 2 states is in effect; or

(5) In violation of the rules or regulations of the Secretary of Safety and Homeland Security adopted pursuant to this title or this chapter; or

(6) Special mobile equipment.

(b) For purposes of this chapter, any combination of trucks, truck trailers, trailers and semitrailers, not specifically authorized herein, shall be unlawful. The following are authorized:

(1) A truck and trailer.

(2) A truck tractor, semitrailer.

(3) A truck tractor, semitrailer, trailer.

(4) A vehicle string utilizing saddlemount and/or fullmount.

(5) A tow truck and a disabled vehicle or combination of vehicles.

(c) Except as otherwise provided herein, this chapter applies to every vehicle operated upon any road, street or highway within this State. The maximum size and weight of vehicles specified herein by type of highway shall be lawful throughout this State and local authorities may not alter such limitations, except as expressly provided in this chapter.

(d) Any gross weight measurements made to determine compliance with this chapter shall be taken so as to include both the vehicle and load. Any vehicle having a gross weight in excess of that allowable under this chapter or in excess of that for which it is currently registered shall be considered as an “overweight vehicle.”

(e) Any linear measurements taken to determine compliance with this chapter shall be taken so as to include the vehicle and any load thereon including any projections of any type, character or nature whatsoever, such as, but not limited to, bumpers, steps, mirrors and hose connections specifically excluding the tongue of a trailer.

(f) Except as otherwise provided in this chapter, it shall be unlawful to operate any vehicle at a gross weight which exceeds the weight for which it is registered and provided further that:

(1) Except as otherwise provided in paragraph (f)(1)a. or (f)(1)b. of this section, the total gross weight, including load, of a combination of a truck tractor and semitrailer having a total of 5 or more axles may not exceed 80,000 pounds.

a. For a live-haul poultry truck traveling less than 150 miles from the farm to the plant, the total gross weight, including load, of a combination of a truck tractor and semitrailer having a total of 5 or more axles may not exceed 90,000 pounds or combined manufacturer’s gross combined weight rating (GCWR), whichever is less. However, such a live-haul poultry truck may exceed the established weight limit by no more than 3% to account for variations in bird weight due to bird size, moisture retention caused by precipitation, or other unanticipated conditions. For the established weight limit and associated 3% variance to apply to a live-haul poultry truck, the following conditions must exist:

1. The live-haul poultry truck must be subject to the Motor Carrier Safety Assistance Program (MCSAP) inspection.

2. The live-haul poultry truck must adhere to all bridge weight limits.

3. The live-haul poultry truck must not use the interstate highway system.

4. The axles on a live-haul poultry truck must be a minimum of 96 inches apart no later than May 8, 2015.

b. For a truck hauling farm produce grown in this State and traveling from the farm on which the farm produce is grown to a location at which the farm produce is to be processed or stored, or from a location at which the farm produce is processed or stored to an export facility within this State, the total gross weight, including load, of a combination of a truck tractor and semitrailer having a total of 5 or more axles may not exceed 90,000 pounds or combined manufacturer’s gross combined weight rating (GCWR), whichever is less.

1. For purposes of this paragraph (f)(1)b., “farm produce” means fruits, vegetables, or commodity grains.

2. This paragraph (f)(1)b. applies to a truck hauling farm produce if all of the following conditions are met:

A. The truck hauling farm produce is subject to the Motor Carrier Safety Assistance Program (MCSAP) inspection.

B. The truck hauling farm produce adheres to all bridge weight limits.

C. The axles on a truck hauling farm produce are a minimum of 96 inches apart.

D. The truck hauling farm produce does not use the interstate highway system.

(2) The gross weight of a vehicle equipped with 2 or more axles without power brakes on each rear hub shall not exceed 22,000 pounds and it shall be unlawful to operate such vehicle in excess of 20 miles per hour.

(3) The gross weight of a trailer equipped with metal tires shall not exceed 6,000 pounds.

(4) Any vehicle, otherwise required to be registered pursuant to this title which is not registered and which requires a registration fee that is calculated upon gross weight, shall be assigned a weight allowance equal to the highest legal weight for which that vehicle could be registered for the purpose of enforcement of the weight section of this title.

(g) Except as otherwise provided in this chapter, it shall be unlawful to operate any vehicle in this State in violation of length, height or size restrictions provided in this title and provided further that:

(1) No passenger vehicle shall carry any load extending beyond the line of the fenders on the left side of such vehicle nor extending more than 6 inches beyond the line of the fender on the right side thereof.

(2) The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend more than 3 feet beyond the foremost part of the vehicle; and the load upon any vehicle operated alone or the load upon the rear vehicle of a combination of vehicles shall not extend more than 6 feet beyond the rear of the bed or body of such vehicle. Pilings and/or poles or mill logs, or nursery stock, or rowing shells, or steel beams, pipes, angles, channels and other length or steel, or other metal, or other articles impossible of dismemberment shall not extend more than 10 feet beyond the rear of the bed or body of such vehicle.

(3) A number of motor vehicles may be transported in combination, utilizing saddlemount and/or fullmount mechanisms and utilizing the motive power of 1 of the vehicles in combination, provided such combination of vehicles shall not exceed a length of 65 feet, and provided further that the equipment used in such combinations shall comply with the safety regulations of the United States Department of Transportation.

(4) Except as otherwise indicated herein, the limitations as to length of load stated in this chapter shall not apply to a vehicle or combination of vehicles transporting boats, commonly known as crew or rowing shells for use in interscholastic or intercollegiate rowing contests, provided that such boats shall not exceed 70 feet in length.

(5) Neither the State, any agency or subdivision thereof, nor any person, firm or corporation shall be required to raise, alter, construct or reconstruct any underpass, wire, pole, trestle or other structure to permit passage of any vehicle having a height, including any load thereon, in excess of 12 feet 6 inches. The liability for damage to any person, vehicle, structure or other property caused by any vehicle having a height, including any load thereon, in excess of 12 feet 6 inches shall be borne by the owner and/or the operator of the vehicle.

(h) The provisions of § 4502 of this title do not apply to the following vehicles; provided, however, that the liability for damages caused by any vehicle operated under this provision shall be borne by the owner of said vehicle:

(1) Fire apparatus owned or used by an organized fire company.

(2) Farm equipment being temporarily operated, moved, or transported on a highway, which shall include farm tractors and other implements of husbandry being temporarily moved or transported by a manufacturer, dealer, business, or commercial transport company.

(3) A vehicle being towed with 1 set of axles free of the roadway surface.

(i) Any vehicle or combination of vehicles, otherwise not in compliance with this chapter, but permitted to be operated within this State by virtue of a special use permit pursuant to this chapter, shall be permitted to travel on such highways as shall be designated within the contents of said permit.

(j) In accordance with the provisions of § 4503 of this title, a commercial motor vehicle is granted reasonable access between:

(1) Interstate roadways, federal-aid primary system highways, US numbered routes; and

(2) Terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers, motor carriers of passengers, and any tow-away trailer transporter combination.
21 Del. C. § 4206 — Delaware Code / Title 21 / Chapter 42 / Section 4206
§ Â
        4206. Removal of vehicles from collision scene prohibited.
Status: in_force

No person shall remove from the scene of a collision resulting in apparent property damage any vehicle without the consent of the owner of any property which has been damaged in such collision unless a police officer is present at the scene of such collision and authorizes the removal.

For the purposes of this section, the term “person” shall not include the owner of the vehicle, the operator of the vehicle at the time of the collision or a passenger in such vehicle at the time of the collision.
21 Del. C. § 2139C — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139C
§ Â
        2139C. Special license plates for members of Ducks Unlimited.
Status: in_force

(a) The owner of any vehicle described in this subsection may apply to the Department for the assignment to that vehicle of a special Ducks Unlimited registration.

This section applies only to:

a. A private passenger vehicle; or

b. A truck with a 3/4-ton or smaller manufacturer’s rated capacity.

(b) Special registration may be issued under this section only if:

(1) The applicant states that the applicant is a member of the Delaware Chapter of Ducks Unlimited; and

(2) The Delaware Chapter of Ducks Unlimited certifies that the applicant is an active member of that organization.

(c) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the original application under this section shall be subject to a $10 administrative fee, which shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Division of Motor Vehicle projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

(d) The Department shall reserve sufficient license plates including the letters “D.U.” and numbered consecutively beginning with the numeral “1” as are required for this section.

(e) Upon notification from the Delaware Chapter of Ducks Unlimited that an individual is no longer an active member of that organization, the Department shall notify the license plate holder to surrender the license plate to the Department within 30 days.
21 Del. C. § 6819 — Delaware Code / Title 21 / Chapter 68 / Section 6819
§ Â
        6819. Operation of OHVs â In a manner causing damage or disturbance.
Status: in_force

(a) A person shall not operate an OHV in a manner to cause excessive damages or disturbances of the land, wildlife or vegetative resources, or endanger, disturb or annoy other persons or property. Disturbance or annoyance of other persons shall be presumed if the operator has received either verbally or in written form notice of such annoyance or disturbance from the complaining party. However, nothing in this subsection shall be construed as prohibiting the operation of OHVs at a race track designed for the lawful racing of said vehicles.

(b) The operator of the OHV shall be held liable for any damage to private property, including, but not limited to, damage to trees, shrubs or growing crops, injury to living creatures or damage through OHV operation in a manner so as to maliciously create erosive or other ecological damage to private property. However, if the operator is a minor, the parents or legal guardian of the operator shall be held personally liable for any and all damage and/or injuries, including civil or criminal liability, caused by the minor in the operation of the OHV.

(c) The owner of such private property may recover from the person responsible nominal damages of not less than the amount of damage or injury.
21 Del. C. § 2803 — Delaware Code / Title 21 / Chapter 28 / Section 2803
§ Â
        2803. Certification of record to Attorney General.
Status: in_force

The Director of the Division of Motor Vehicles shall certify the conviction record, as maintained in the Division of Motor Vehicles, of any person whose record brings that person within the definition of an habitual offender, as defined in § 2802 of this title, to the Attorney General of the State. The certified conviction record or abstract may be admitted in evidence and shall be competent evidence that the person named therein was duly convicted of each offense enumerated therein.
21 Del. C. § 501 — Delaware Code / Title 21 / Chapter 5 / Section 501
§ Â
        501. Erection of signs by local authorities; signs necessary to enforce local regulations.
Status: in_force

Local authorities in their respective jurisdictions may erect and maintain signs designating residence and business districts, highways and steam or interurban railway grade crossings and such other signs as may be deemed necessary to carry out this title and such additional signs as may be appropriate to give notice of local parking and other special regulations. Local parking and other special regulations shall not be enforceable against an alleged violation if, at the time and place of the alleged violation, an appropriate sign giving notice thereof is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
21 Del. C. § 4190 — Delaware Code / Title 21 / Chapter 41 / Subchapter XI / Section 4190
§ Â
        4190. Opening and closing vehicle doors.
Status: in_force

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
21 Del. C. § 4351 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4351
§ Â
        4351. Lighting equipment on motor-driven cycles.
Status: in_force

The head lamp or head lamps upon every motor-driven cycle may be of the single beam type but in either event shall comply with the requirements and limitations as follows:

(1) Every such head lamp or head lamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than 100 feet when the motor-driven cycle is operated at any speed less than 25 miles per hour, and at a distance of not less than 200 feet when the motor-driven cycle is operated at a speed of 25 or more miles per hour, and at a distance of not less than 300 feet when the motor-driven cycle is operated at a speed of 35 or more miles per hour;

(2) In the event the motor-driven cycle is equipped with a multiple beam head lamp or head lamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in § 4349(1) of this title, and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in § 4349 of this title;

(3) In the event the motor-driven cycle is equipped with a single beam lamp or lamps, such lamps shall be so aimed that when the vehicle is loaded none of the high intensity portion of light, at a distance of 25 feet ahead, shall project higher than the level of the center of the lamp from which it comes.
21 Del. C. § 4509 — Delaware Code / Title 21 / Chapter 45 / Section 4509
§ Â
        4509. Jurisdiction.
Status: in_force

(a) Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this chapter. Upon a finding of guilt, such justice of the peace may impose such penalties or combination of penalties as are permitted by this chapter. Upon application of the State or defendant, in accordance with the rules of the applicable court, the matter may be removed to the Court of Common Pleas for determination. All other rules of the courts of Delaware shall apply. The justice of the peace may require any or all defendants to post a bond in an amount sufficient to guarantee payment of all potential fines and costs which may be required to be paid should a judgment of guilt be determined as to each such defendant or which shall be forfeit in the event the defendant fails to appear for a scheduled Court appearance. In the event, a bond shall be posted in an amount sufficient to cover the minimum potential fine and costs which may be imposed, upon the adjudication of guilt.

(1) Any such bond shall be made payable to the court upon demand in the event the defendant fails to appear for a scheduled court appearance or upon default on the judgment against the defendant.

(2) Upon forfeiture of the bond to the court such bond shall be made payable to the State upon expiration of the appropriate appeal period.

(3) Upon adjudication of guilt and payment of such fines and costs as may be imposed by the court or upon a finding of not guilty and expiration of the appropriate appeal period, such bond shall be returned to the defendant(s).

(b) In the event either party applies to have the matter removed to the Court of Common Pleas, as provided herein, any bond imposed pursuant to subsection (a) of this section shall be reissued in the name of the appropriate court. All other provisions of subsection (a) of this section shall apply.

(c) In the event either party appeals, such bond(s) issued pursuant to this section shall remain in full force and effect until such time as the matter has finally been resolved.
21 Del. C. § 2608 — Delaware Code / Title 21 / Chapter 26 / Section 2608
§ Â
        2608. Commercial driver license qualification standards [For application of this section, see 85 Del. Laws, c. 40, Â 15].
Status: in_force

(a) Testing. — (1) General. — No person may be issued a commercial driver license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts G and H, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the Division of Motor Vehicles.

(2) Third-party testing. — The Division of Motor Vehicles may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency or instrumentality of local government, to administer the skills test specified by this section, provided:

a. The test is the same which would otherwise be administered by the State; and

b. The third party has entered into an agreement with the State which complies with requirements of 49 C.F.R. § 383.75.

(3) Testing by State. — Only an agency of the State, as approved by the Division of Motor Vehicles, shall be permitted to administer the skills test specified by this chapter.

(b) Waiver of skills test. — The Division of Motor Vehicles may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R. § 383.77.

(c) Limitations on issuance of license. — (1) A commercial driver license or CLP may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person’s driver license is suspended, revoked, denied or cancelled in any state; nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all such licenses, which must be returned to the issuing state(s) for cancellation.

(2) The Division shall query the Drug and Alcohol Clearinghouse and deny the issuance, renewal, upgrade, or transfer of a CDL and the issuance, upgrade, or renewal of a CLP if the query indicates the driver is subject to the CMV driving prohibition due to a violation of 49 C.F.R. Part 382.

(d) Commercial learner permit (CLP). — (1) The issuance of a CLP is a precondition to the initial issuance of a CDL. A CLP may be issued to an individual who has satisfied all of the following requirements:

a. Is at least 18 years of age.

b. Holds a valid Delaware driver license.

c. Has passed the vision and written tests required for a CDL.

(2) The CLP may be issued for a period that does not exceed 1 year. Only 1 renewal or re-issuance may be granted within a 1-year period. The 1-year period begins with the issuance date of the original permit. The holder of a CLP may, unless otherwise disqualified, drive a commercial motor vehicle only when accompanied by the holder of a commercial driver license, valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle; provided that the CLP holder may not operate a commercial motor vehicle transporting hazardous materials as defined in § 2603 of this title.

(3) If for any reason the applicant fails to pass the required examinations during the 1-year period granted by the permit, the CLP is void and the $10 fee is forfeited.

(4) A CLP holder is not eligible to take the CDL pre-trip, skills or road test in the first 14 days after initial issuance of the CLP.

(5) A CLP holder is eligible to apply for a passenger, school bus, or tank endorsement while holding a CLP provided the written test is passed for each endorsement prior to the permit issuance. A CLP holder with a passenger or school bus endorsement is prohibited from carrying passengers or students. A CLP holder with a tank endorsement may only operate an empty tank vehicle. All other endorsements as defined by 49 C.F.R. § 383.153 are prohibited on a CLP.

(6) The issuance of a CLP is a precondition to the upgrade of a CDL if the upgrade requires a skills test.

(7) Content of CLP. — The commercial learner permit must be marked “Commercial Learner Permit” or “CLP” and must be, to the maximum extent possible, tamperproof. The CLP must include, but not be limited to, the following information:

a. The name and residential address of the person;

b. The person’s photograph;

c. A physical description of the person including sex, height, weight, and eye color;

d. Date of birth;

e. Any unique number or identifier deemed appropriate by the Division of Motor Vehicles;

f. The person’s signature;

g. The class or type of commercial motor vehicle(s) which the person is authorized to drive together with any endorsements or restrictions;

h. The name of this State;

i. The issue date of the current license; and

j. The expiration date of the current license.

(8) CLP restrictions. — a. “P” — Restricts the driver from operating CMV with passengers.

b. “X” — Restricts the driver from operating tank vehicle with cargo.

c. “L” — Restricts the driver from operating a vehicle with airbrakes.

d. “V” — Restricts the driver from operating a CMV without a valid medical variance issued by the Federal Motor Carrier Safety Administration.

e. “M” — Restricts the driver from operating a Class A passenger vehicle.

f. “N” — Restricts the driver from operating a Class A or B passenger vehicle.

g. “K” — Restricts the driver from operating a CMV out of the State of Delaware.
21 Del. C. § 2157 — Delaware Code / Title 21 / Chapter 21 / Subchapter IV / Section 2157
§ Â
        2157. Credit for registration fee on destroyed vehicle.
Status: in_force

Whenever the Department is furnished with satisfactory evidence of the destruction of a motor vehicle, either complete or to such an extent as to render it impossible to operate such vehicle as a motor vehicle during the period for which it has been registered, and if the owner thereof desires to register another motor vehicle during the period for which such destroyed motor vehicle was registered, such owner shall be entitled to a credit on the new registration fee of the unexpired portion of the registration fee of the destroyed motor vehicle from the date of the new registration.
21 Del. C. § 3307 — Delaware Code / Title 21 / Chapter 33 / Section 3307
§ Â
        3307. Denial of an application for licensure or renewal of a transporter license; suspension or revocation of a transporter license.
Status: in_force

(a) The Division may deny an original or renewal application for licensure, or may suspend or revoke a transporter license if the applicant or licensee has committed any act prohibited under this chapter or failed to comply with any requirement of this chapter, or for any of the following reasons:

(1) The original or renewal application for the transporter license contains a material misstatement or omission.

(2) The applicant or licensee fails to comply with a cease-and-desist order or written warning issued by the Division.

(3) The applicant or licensee fails to comply with the requirements of this title in connection with the operation of a transporter business.

(4) The applicant or licensee has been convicted of a felony in this State or any other jurisdiction. A felony conviction may be waived by the Division for purposes of licensure if, at the time the application is submitted, more than 10 years have passed since the date of conviction. The Division may not waive a felony in considering an application if the applicant is incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, or if the applicant is not in substantial compliance with all court orders pertaining to fines, restitution, and community service.

(5) The applicant or licensee has been convicted of a misdemeanor involving theft, fraud, dishonesty, false pretense, or moral turpitude in this State or any other jurisdiction. A misdemeanor conviction may be waived by the Division for purposes of licensure if, at the time the application is submitted, more than 5 years have passed since the date of conviction. The Division may not waive a misdemeanor in considering an application if the applicant is incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, or if the applicant is not in substantial compliance with all court orders pertaining to fines, restitution, and community service.

(6) The applicant or licensee has been convicted of any crime that the Division deems by regulation may create public safety concerns, regardless of the classification of the offense. The Division may not waive any conviction of a crime that creates public safety concerns.

(7) The applicant or licensee fails to notify the Division within 72 hours of any known change in criminal history.

(8) The Division determines, so far as can be ascertained, that the applicant or licensee does not or no longer meets the standards set forth in this chapter.

(9) The applicant or licensee does not have valid driving authority, has more than 8 points, has had a license to drive suspended or revoked in the previous 5 years, or has hired or otherwise permitted an individual without valid driving authority, with more than 8 points, or who has had a license to drive suspended or revoked in the previous 5 years to operate a vehicle in the transporter’s business.

(10) The applicant or licensee, while under the age of 21, has operated a motor vehicle or towed a trailer or mobile home displaying a Delaware transporter plate outside the State, or the applicant or licensee hired or otherwise permitted an individual under the age of 21 to operate a motor vehicle or tow a trailer or mobile home displaying a Delaware transporter plate outside the State.

(11) The applicant previously held a transporter or dealer license that was revoked by the Division or suspended by the Division and the terms of the suspension have not been satisfied.

(12) The applicant or licensee solely employs call forwarding, telephone answering service, or mail forwarding services during scheduled business hours or otherwise operates from a remote or otherwise unlicensed location.

(13) The applicant or licensee has failed to maintain a written record required under § 2124(d) of this title.

(14) The applicant or licensee has used a transporter plate for personal use on a vehicle owned by the transporter or any employee or agent of the transporter.

(15) The applicant or licensee has used a transporter plate on a motor vehicle that is registered in this State or any other state.

(16) The applicant or licensee has used a transporter plate on any OHV or on any mobile equipment or motorized apparatus that is not eligible to be registered in this State.

(b) The Division must defer any original application for licensure or renewal application if the applicant has pending criminal charges that would be grounds for denying an application or suspending or revoking a license if convicted under paragraph (a)(4), (a)(5), or (a)(6) of this section.
21 Del. C. § 4132 — Delaware Code / Title 21 / Chapter 41 / Subchapter IV / Section 4132
§ Â
        4132. Vehicle turning left.
Status: in_force

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard.
21 Del. C. § 8303 — Delaware Code / Title 21 / Chapter 83 / Section 8303
§ Â
        8303. License for schools; requirements.
Status: in_force

(a) No commercial driver training school shall be established nor any such existing school continued after January 1, 1969, unless such school applies for and obtains from the Secretary a license in the manner and form prescribed by the Secretary.

(b) Regulations adopted by the Secretary shall state the requirements for a school license, including requirements concerning location, equipment, courses of instruction, instructors, previous records of the school and instructors, financial statements, schedule of fees and charges, character and reputation of the operators and instructors, insurance in such sum and with such provisions as the Secretary deems necessary to protect adequately the interests of the public and such other matters as the Secretary may prescribe for the protection of the public.
21 Del. C. § 6301 — Delaware Code / Title 21 / Chapter 63 / Section 6301
§ Â
        6301. Definitions [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

As used in this chapter:

(1) “Consignment” is when a vehicle owner enters into an agreement with a dealer for the sale of a vehicle without a transfer of ownership to the dealer.

(2) “Dealer” or “motor vehicle dealer” includes all of the following:

a. A person, corporation, partnership, proprietorship or any other legal entity who is in the business of buying, selling or exchanging during any 12-month period 5 or more vehicles.

b. Any person, corporation, partnership, proprietorship or any other legal entity who offers to sell, sells, displays or permits the display for sale, of 5 or more vehicles within a 12-month period.

(3) “Dealer” or “motor vehicle dealer” does not include:

a. A receiver, trustee, personal representative, or other person appointed by or acting under the authority of any court of competent jurisdiction.

b. A public official who sells or disposes of vehicles in the performance of the official’s duties.

c. Any financial institution chartered or authorized to do business in Delaware, including its subsidiaries or affiliates, which receives title to a motor vehicle in the normal course of its business by reason of a lease, foreclosure, repossession, judicial sale or voluntary conveyance or reconveyance of the motor vehicle as a result of any lease of the motor vehicle or any extension of credit secured by the motor vehicle or the enforcement of any lien on the motor vehicle.

d. A licensed auctioneer acting on behalf of a seller, secured party or owner and when title does not pass to the auctioneer and the auction is not for the purpose of avoiding this chapter.

e. An insurance company authorized to do business in Delaware that sells or disposes vehicles under a contract with its insured in the regular course of business.

f. Either a manufacturer or distributor who sells or distributes vehicles to licensed dealers or a person employed by a manufacturer or distributor to promote the sale of the vehicles of the manufacturer or distributor, if that manufacturer, distributor, or person does not sell vehicles to retail buyers. A manufacturer or distributor engaged in selling vehicles to retail buyers may be licensed as a dealer, subject to the limitations set forth in § 6302(g) of this title.

g. A nonprofit educational foundation organized to promote instructional effectiveness and educational achievement.

(4) “Department” shall mean the Department of Transportation, Division of Motor Vehicles.

(5) “Director” shall mean the Director of the Division of Motor Vehicles or the Director’s authorized or delegated representative.

(6) “Division” shall mean the Division of Motor Vehicles.

(7) “Franchised motor vehicle dealer” means a dealer in new vehicles that has a franchise agreement with a manufacturer or distributor of vehicles or, in the case of a recreational vehicle dealer, has a manufacturer-dealer agreement with a manufacturer of distributor to sell a particular line-make of new recreational vehicle or new recreational trailer. As used in this section, the term “line-make” is defined in § 8402(7) of this title.

(8) “New motor vehicle” means a motor vehicle with a manufacturer’s certificate of origin that has not been titled or registered by any state or country in the name of an end user via sale or lease and that has never been the subject of a completed, successful, or conditional sale that was subsequently approved other than between new motor vehicle dealers, or between a manufacturer and a new motor vehicle dealer of the same franchise.

(9) “New motor vehicle dealer” means a dealer or motor vehicle dealer who sells new motor vehicles.

(10) “Retail dealer” means a dealer who may sell vehicles to another dealer, licensed auto auction, or retail customers.

(11) “Used motor vehicle” means a motor vehicle that has been sold, bargained, exchanged, given away, or title transferred from the person who first acquired it from the manufacturer or importer, dealer or agent of the manufacturer or importer and so used as to have become what is commonly known as “secondhand” within the ordinary meaning thereof. “Used motor vehicle” also includes a motor vehicle that has been driven for 7500 miles or more, or that has been used for personal use by an employee or owner of a new motor vehicle dealer, or by a family member of an employee or owner of a new motor vehicle dealer, regardless of whether the motor vehicle would otherwise qualify as a new motor vehicle.

(12) “Used motor vehicle dealer” means a dealer or motor vehicle dealer who exclusively sells used motor vehicles.

(13) “Vehicle” means motor vehicles, trailers, recreational vehicles, recreational trailers, mobile homes, and any other device, in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by animal power, human power, electric bicycles, off-highway vehicles, special mobile equipment and farm equipment.

(14) “Wholesale dealer” means a dealer who may sell vehicles only to another dealer or licensed auto auction.
21 Del. C. § 4146 — Delaware Code / Title 21 / Chapter 41 / Subchapter V / Section 4146
§ Â
        4146. Pedestrians on highways; penalty.
Status: in_force

(a) Where a sidewalk is provided and is accessible, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(b) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk facing traffic only on a shoulder, as far as practicable from the edge of the roadway.

(c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and shall walk facing traffic.

(d) Except as otherwise provided in this chapter, any pedestrian upon a highway shall yield the right-of-way to all vehicles upon the highway.

(e) This section shall not require that pedestrians on one-way roadways of controlled-access highways walk facing traffic to the nearest emergency reporting device.

(f) Whoever violates this section shall for the first offense be fined not less than $10 nor more than $28.75. For each subsequent like offense, the person shall be fined not less than $25 nor more than $50.

(g) A foot race or walking event on a highway shall not be unlawful when the event has been approved by the Department or the local authorities in their respective jurisdictions. Approval of a foot race or walking event on a highway shall be granted only under conditions which ensure reasonable safety for all participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users. By agreement with the approving authority, participants in an approved foot race or walking event on a highway may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to ensure the safety of all highway users.
21 Del. C. § 4198F — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198F
§ Â
        4198F. Lamps and other equipment on bicycles.
Status: in_force

(a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front.

(b) Every bicycle shall be equipped with a red reflector of a type approved by the Department which shall be visible for 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.

(c) Every bicycle when in use at nighttime shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least 500 feet.

(d) A bicycle or its rider may be equipped with lights or reflectors in addition to those required by subsections (a)-(c) of this section.

(e) Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.
21 Del. C. § 305 — Delaware Code / Title 21 / Chapter 3 / Section 305
§ Â
        305. Privacy act governing the release of motor vehicle driving history and license records.
Status: repealed

(a) In general. — Except as provided in subsections (b), (d), (e) and (i) of this section, the Division of Motor Vehicles and any officer, employee or contractor thereof or any other person shall not knowingly disclose or otherwise make available to any person or entity personal information about any individual obtained by the Division in connection with a motor vehicle record. Only driver license and driver performance records which are 3 years old or less shall be made available to authorized persons or agencies, except persons requesting their own records, law-enforcement officers, the courts and other motor vehicle jurisdictions may also have access to those records and to vehicle title and registration information which are over 3 years old and are being retained by the Division. Division motor vehicle records can be transmitted to other motor vehicle jurisdictions electronically over authorized networks.

(b) Permissible uses. — Personal information referred to in subsection (a) of this section shall only be disclosed for use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts and motor vehicle dealers by motor vehicle manufacturers; maintenance of voter registration records; and removal of nonowner records from the original owner records of motor vehicle manufacturers; maintenance of voter registration records to carry out the purposes of the Automobile Information Disclosure Act [15 U.S.C. § 1231 et seq.], the Motor Vehicle Information and Cost Saving Act [repealed], the National Traffic and Motor Vehicle Safety Act of 1966 [repealed], the Anti-Car Theft [Act] of 1992 [P.L. 102-519] and the Clean Air Act [42 U.S.C. § 7401 et seq.]. Personal information may be disclosed only upon proof of the identity of the person requesting the record or records and sworn representation by such person that the released personal information will be strictly limited to 1 or more of the following described uses:

(1) For use by any government agency, including any court, state election agency or law-enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a government agency, in carrying out its functions.

(2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts and motor vehicle dealers; motor vehicle market research activities, including survey research; and removal of nonowner records from the original owner records of motor vehicle manufacturers.

(3) For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only:

a. To verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors; and

b. If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by pursuing legal remedies against or recovering on a debt or security interest against the individual.

(4) For use in connection with any civil, criminal, administrative or arbitration proceeding in any federal, state or local court or agency or before any self-regulating body, including the service of process, investigation in anticipation of litigation and the execution or enforcement of judgments and orders or pursuant to an order of a federal, state or local court.

(5) For use in research activities and for use in producing statistical reports, so long as the personal information is not published, redisclosed or used to contact individuals.

(6) For use by any insurer or insurance support organization or by a self-insured entity or its agents, employees or contractors, in connection with claims investigation activities, anti-fraud activities, rating or underwriting.

(7) For use in providing notice to the owners or lien holders of towed or impounded vehicles.

(8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.

(9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. § 31101 et seq.).

(10) For use in connection with the operation of private toll transportation facilities.

(11) Persons requesting their own records, law-enforcement officers, judicial and other motor vehicle jurisdictions through the supporting information networks may have access to all records retained by the Division.

(12) [Repealed.]

(13) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety.

(c) Requests for additional protection of personal information. — A person may submit a notarized affidavit to be supplied by the Division requesting that person’s address, phone number and social security number contained in the driver or vehicle records of the Division be kept confidential except from those named in paragraphs (b)(1), (2) and (6) of this section. The affidavit must swear or affirm that the request is being made because of the person’s fear of harm from another individual to themselves, a family or household member or their property. A properly submitted notarized affidavit satisfying these conditions shall be honored by the Division and shall remain in effect until the record is purged from the Division’s files or until the requesting person submits written notice requesting the release of that person’s personal information. This section does not prohibit the Division from the normal practice of returning a vehicle title with personal information displayed to a lienholder or lessor. In addition, the Division may return a vehicle title and registration card to a dealership who has submitted the title application for their customer.

(d) Court approval for release of information. — Persons or agencies other than those named in subsections (b) and (c) of this section shall be prohibited from acquiring any information pertaining to an individual’s address, telephone number, vehicle title, vehicle registration, driver license and driver performance that is in the possession of the Division of Motor Vehicles except in the following case:

Any individual who can show that there is a lawful need for the prohibited information and that the information cannot be reasonably acquired through any alternate means may present such evidence to the administrative hearing officer of the Division of Motor Vehicles. Upon consideration of the evidence presented, the administrative hearing officer may then in the administrative hearing officer’s discretion provide an order for the release of part or all of the requested information from the Division of Motor Vehicles to the requesting individual.

In this instance, the Division shall send by United States mail notification to any individuals identified in subsection (c) of this section whose information has been requested that the administrative hearing officer has ordered the release of such information and that such information will be furnished to the requesting party. Upon denial of the request, the individual may file a de novo appeal to the Justice of the Peace Courts. Upon receipt of the application fee of $10 from the individual, the Justice of the Peace Court, in its discretion, may order the release of part or all of the requested information by the DMV to the requesting individual. The Division shall notify the individuals by United States mail if the Justice of the Peace Court orders release of part or all of the requested information.

(e) Disclosure with consent. — Personal information may be disclosed to any person requesting such information if such person demonstrates, in such form and manner as the Department prescribes, that the person has obtained a notarized, written consent from the person whose information is protected. Such consent must be provided each time personal information is released. Each written consent form shall be retained by the Division in electronically digitized, microfilm or paper format for a minimum period of 5 years.

(f) (1) Fees for copies and information. — The Secretary shall charge a fee of $25 for each motor vehicle record supplied to persons other than those governmental agencies designated in paragraph (b)(1) of this section. If special handling is needed to certify a record or notarize an affidavit, the fee for such handling shall be $30 to include the requested record.

(2) Notwithstanding the provisions of paragraph (f)(1) of this section, the Director of the Division of Motor Vehicles is authorized to enter into contractual agreements for the bulk sale of vehicle records for uses that are permissible under this section. These contracts may include pricing models that are based on the Division’s cost to produce, maintain and distribute such records. Purchases of motor vehicle driving history and license records pursuant to the provision of this section shall be governed exclusively by the conditions of paragraph (f)(1) of this section.

(g) Signature on all records released. — Any record or certified record supplied by the Department pursuant to this title shall contain the signature or facsimile signature of the Director of the Division of Motor Vehicles or of another official of the Division who is a custodian of such records and is designated by the Director to sign or to have a facsimile signature affixed. For purposes of this subsection, a “facsimile signature” can be a preprinted signature, a rubber-stamped signature or any other recognized facsimile.

(h) Contract to protect confidentiality. — Governmental agencies, businesses and individuals designated by subsection (b) of this section to obtain vehicle registration, title, driver’s license or driver performance records and obtain such personal information by electronic means will sign contracts acknowledging their responsibility to protect personal information as follows:

(1) The personal information obtained from the Division’s records will not be resold or redisclosed in part or whole except for those authorized purposes covered in subsection (b) of this section.

(2) [Repealed.]

(i) Additional conditions. — In addition to provision for payment of applicable fees, the Department may, prior to the disclosure of personal information as permitted in this section, require the meeting of certain conditions by the requesting person for the purpose of obtaining reasonable assurance concerning the identity of the person requesting the release of information and, to the extent required, that the use will be only as authorized or the consent of the person who is the subject of the information has been properly obtained. Such conditions may include, but need not be limited to, the making and filing of a written application in such form and containing such information and certification requirements as the Department may prescribe.

Governmental agencies, businesses and individuals who request motor vehicle records by electronic means or who access Division records on a continual basis and are authorized access to the records per subsections (b) through (e) of this section, inclusively, shall sign contracts acknowledging their responsibility to protect personal information under this subsection. The contract will contain this section and the requester will specify, at a minimum:

(1) The legal basis authorizing access to personal data contained in the Division’s records;

(2) Purposes and intended uses for this data;

(3) Designation of data elements needed to satisfy their purposes;

(4) Agreement not to disclose the information obtained unless permitted by this subsection; and

(5) Other requirements as deemed necessary by the Division.

Law enforcement, the courts, other motor vehicle jurisdictions and those governmental agencies and businesses designated by the Secretary of Transportation are exempt from this subsection.

A person’s driver’s license electronically digitized photograph and signature, Social Security number or medical or disability information shall not be releasable without the express written consent of the person to whom such information pertains, except for uses permitted under paragraph (b)(1), (b)(6) or (b)(9) of this section. A signed release from the licensee whose information is sought shall constitute a permitted use if notarized. This subsection shall not in any way affect the use of organ donor information on an individual driver’s license or affect the administration of organ donor initiatives by the Division.

Personal information shall not be available by telephone or other methods of request other than by personal appearance and in writing unless approved by the Director of Motor Vehicles or the Director’s designee.

The Division, in its discretion, may deny access to any or all records if it finds the requesting agency’s or person’s purpose in requesting such information is improper or that the request was made in bad faith.

The Division will record, but can deny the release of residential addresses to any agency, business or person outside of the Division when requested by the court or when law-enforcement documentation proves the person is in immediate danger if this information is released. The record will contain a releasable mailing address to enable the Division and law-enforcement agencies to contact that individual.

The Director may destroy any records of the Division which have been maintained on file for 3 years, unless otherwise required by this title, which the Director may deem obsolete and of no further service in carrying out the powers and duties of the Division; provided, that the Director of the Division of Historical and Cultural Affairs has authorized such destruction.

Any record or certified record supplied by the Department pursuant to this title shall contain the signature or facsimile signature of the Director or of another official of the Division who is a custodian of such records and is designated by the Director to sign such records or have such other official’s signature affixed. For purposes of this subsection, a “facsimile signature” can be a preprinted signature, a rubber stamped signature or any other recognized facsimile.

(j) Wrongful disclosure. — If the Division discovers at any time that any information protected under subsection (c) of this section has been wrongfully disclosed, it shall notify the holder of that information that the information was wrongfully disclosed and may not be used, resold or redisclosed in any way. The Division shall also inform the person who the information pertains to that the person’s personal information was disclosed.

(k) Resale or redisclosure. — (1) An authorized recipient of personal information may resell or redisclose the information for any use permitted under subsection (b) of this section.

(2) [Repealed.]

(3) Any authorized recipient who resells or rediscloses personal information shall be required by the Department to maintain, for a period of not less than 5 years, records as to the information obtained and the permitted use for which the information was obtained and to make such records available for inspection by the Department, upon request.

(l) Regulations and waiver procedure. — The Department is authorized to adopt administrative regulations to carry out the purposes of this section. The regulations may include procedures under which the Department, upon receiving a request for personal information that is not subject to disclosure, may mail a copy of such request to each individual who is the subject of the information, informing such individual of the request, together with a statement to the effect that disclosure is prohibited and will not be made unless the individual affirmatively elects to waive such individual’s right to privacy under this section.

(m) Unlawful acts. — (1) Procurement for unlawful purposes. — It shall be unlawful for any person knowingly to obtain or disclose personal information from a motor vehicle record for any use not permitted under this title.

(2) False representation. — It shall be unlawful for any person to make false representation to obtain any personal information from an individual’s motor vehicle record.

(n) Penalties. — Any person requesting the disclosure of personal information from Department records who misrepresents the person’s identity or knowingly makes a false statement to the Department in order to obtain restricted information or who knowingly violates any other provision of this chapter shall be guilty of a class A misdemeanor.

(o) Civil actions. — (1) Cause of action. — A person who knowingly obtains, discloses or uses personal information from a motor vehicle record for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains.

(2) Remedies. — The court may award:

a. Actual damages, but not less than liquidated damages in the amount of $2,500;

b. Punitive damages upon proof of wilful or reckless disregard of the law;

c. Reasonable attorney’s fees and other litigation costs reasonably incurred; and

d. Such other preliminary and equitable relief as the court determines to be appropriate.

(p) Definitions. — In this chapter:

(1) “Motor vehicle record” means any record that pertains to a motor vehicle operator’s or driver’s permit or license, motor vehicle title, motor vehicle registration or identification document issued by a Division of Motor Vehicles or other state or local agency authorized to issue any such forms or credentials;

(2) “Person” means an individual, organization or entity, but does not include a state or agency thereof; and

(3) “Personal information” means information that identifies an individual, including an individual’s photograph, Social Security number, driver identification number, name, address, telephone number and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations and driver’s license or registration status.
21 Del. C. § 3107 — Delaware Code / Title 21 / Chapter 31 / Section 3107
§ Â
        3107. False statements.
Status: in_force

Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed is guilty of perjury and shall be fined or imprisoned as the law provides.