2 Del. C. § 1310 — Delaware Code / Title 2 / Chapter 13 / Section 1310
§ Â
        1310. Revenues.
Status: in_force

(a) The Authority may make and enforce such rules and regulations and establish, fix and revise from time to time, and charge and collect (or authorize by contract, franchise, lease or otherwise, the establishment, fixing, revising, changing, charging and collecting of) such charges, fares, fees, rates, rentals and tolls for the use of any transportation facility, or parts or sections thereof, operated by the Authority, as the Authority may deem necessary, proper, desirable or reasonable, subject to this chapter. The Authority may contract with any person desiring the use of any part of such transportation facilities, including rights-of-way for placing thereon, telephone, telegraph, electric light or power lines, gas stations, garages, restaurants and advertisements or for any other purposes, and fix the terms, conditions, charges, fares, fees, rates, rentals and tolls for such use. Such charges, fares, fees, rates, rentals and tolls shall be so fixed and changed from time to time in respect to the aggregate of charges, fares, fees, rates, rentals and tolls from any such transportation facility in order to provide a fund sufficient with other available revenues, if any:

(1) To pay the operating expenses of the Authority with respect to such transportation facility;

(2) To pay the principal of premium, if any, and interest on bonds of the Authority issued under this chapter, including bonds issued to refund such bonds at or prior to maturity thereof, and bond financing costs, with respect to such transportation facility; and

(3) To provide operating and debt service reserve funds of such character and amount as the Authority shall determine to be necessary to ensure proper maintenance of such transportation facility and to protect the holders of such bonds.

(b) The State hereby irrevocably pledges and assigns the motor fuel taxes imposed pursuant to Chapter 51 of Title 30, as amended, and the annual motor carrier registration fees imposed pursuant to § 5211(a) of Title 30, as amended, collected by the State and deposited to the credit of the Authority to pay principal of, premium, if any, and interest on bonds of the Authority issued to finance the cost of transportation facilities as provided below. The State shall transfer all motor fuel taxes, and the annual motor carrier registration fees, as defined herein and in § 5206 of Title 30, as amended, to the Authority for deposit into a motor fuel tax collection fund and a motor carrier registration collection fund. The Authority shall apply motor fuel taxes, and annual motor carrier registration fees, in the following order and for the following purposes, to the extent such revenues are available:

(1) To pay principal of, premium, if any, and interest on bonds of the Authority issued subsequent to the effective date of this section, as amended, to finance costs of transportation facilities described in subdivisions (2) and (3) of § 1312 of this title, as amended;

(2) To pay any amounts that may be owing to a debt service reserve fund established by resolution or trust indenture of the Authority to secure the payment of bonds issued subsequent to the effective date of this section, as amended, for projects described in subdivisions (2) and (3) of § 1312 of this title, as amended; and

(3) To pay the remainder of the motor fuel taxes to the operating fund created by the Authority pursuant to a trust agreement dated as of September 1, 1979, between the Authority and the trustee for bonds issued under that trust agreement for application in the same manner as revenues derived from the Delaware Turnpike.

(c) Prior to the application of revenues derived from the Delaware Turnpike to any other purpose, the Authority shall apply such charges, fares, fees, rates, rentals and tolls collected from or with respect to the operation of the Delaware Turnpike in the following order and for the following purposes, to the extent such revenues are available for such purposes:

(1) To pay the operating expenses of the Delaware Turnpike;

(2) To pay any amounts that may be owing to an operating expense reserve fund established by resolution or trust indenture of the Authority to provide a reserve for operating expense;

(3) To pay principal of, premium, if any, and interest on bonds of the Authority to finance costs of the Delaware interstate system including the Delaware Turnpike, and feeder roads to the Delaware Turnpike;

(4) To pay any amounts that may be owing to a debt service reserve fund established by resolution or trust indenture of the Authority to secure the payment of the Authority’s bonds issued to finance costs of the Delaware interstate system including the Delaware Turnpike, and feeder roads to the Delaware Turnpike;

(5) To make payments to an improvement fund to provide for improvements and repairs, other than ordinary annual repairs, to the Delaware Turnpike;

(6) To pay the annual costs of operating and maintaining the Delaware interstate system as part of the unified transportation system of the State, as presently designated by the Secretary with the approval of the Federal Highway Administration, but excluding the Delaware Turnpike, the Delaware Memorial Bridge and roads designated as feeder roads of the interstate system, such amounts to be established by the resolution authorizing the issuance of bonds or the trust indenture securing the bonds which will mandate the allocation of such available revenues at least annually to such purposes;

(7) To make payments to an improvement fund to provide for improvements and repairs, other than ordinary annual repairs, to the Delaware interstate system excluding the Delaware Turnpike and the Delaware Memorial Bridge;

(8) To make payments to a motor fuel tax reimbursement fund. Money shall be transferred by the Authority monthly from the motor fuel tax reimbursement fund to the General Fund of the State in an aggregate amount equal to (i) 9 cents per gallon of motor fuel taxes collected by the State and deposited with the Authority plus (ii) an amount equal to the product of “y” — the refunds payable on motor fuel taxes — and “z” — a fraction, the denominator of which is the applicable motor fuel tax rate and the numerator of which is a number equaling the difference between the applicable motor fuel tax rate and 9 cents per gallon, which amount shall be deemed sufficient to pay refunds by the State pursuant to § 5120 of Title 30, as amended, attributable to the amount of motor fuel taxes levied in excess of 9 cents per gallon;

(9) To make payments to a motor carrier registration reimbursement fund. Money shall be transferred monthly by the Authority from the motor carrier registration reimbursement fund to the General Fund of the State in an aggregate amount equal to $3 for each vehicle registered during the preceding month, pursuant to § 5211(a) of Title 30, as amended;

(10) To make payments to a transportation fund established by a resolution or indenture of the Authority. Money from such transportation fund shall be transferred periodically to a special fund of the State for appropriation by the General Assembly to assist in financing an economical, efficient and unified system of air, water, vehicular, public and specialized transportation in the State;

(11) To make payments to a road improvement fund established by a resolution or indenture of the Authority. Money from such road improvement fund shall be transferred periodically to a special fund of the State for appropriation by the General Assembly to assist in financing road and street improvements throughout the State.

(d) Available money in any of the funds described in paragraphs (5) through (11) of subsection (c), inclusive, of this section may be transferred to meet payments required to be made from any fund described in subsection (c) of this section to which deposits of revenues are required to be made prior to the deposit of money from the fund or funds from which the transfer will be made.

(e) The Authority’s power to review and revise such tolls, fares, rents, rates and other charges shall not be subject to supervision or regulation by any department, division, commission, board, council, bureau or agency of the State or any political subdivision thereof. The Authority will consider the purposes of this chapter when establishing such charges, fares, fees, rates, rentals and tolls.
2 Del. C. § 942 — Delaware Code / Title 2 / Chapter 9 / Subchapter IV / Section 942
§ Â
        942. Power, rights and authority.
Status: in_force

(a) All powers, rights and authority granted to any political subdivision in this chapter may be exercised and enjoyed by 2 or more of them, or by this State and 1 or more political subdivisions, acting jointly, either within or without the territorial limits of either or any of them and within or without this State, or by this State or any political subdivision acting jointly with any other state or political subdivision thereof, whether within or without this State, provided the laws of the other state permit such joint action.

(b) All the powers conferred upon political subdivisions in this chapter, if not otherwise conferred by law, are conferred upon this State when acting jointly with any political subdivision or subdivisions.
2 Del. C. § 1502 — Delaware Code / Title 2 / Chapter 15 / Section 1502
§ Â
        1502. Appointment; composition; qualifications; term of office; removal; compensation.
Status: in_force

(a) The Council is composed of 17 members, as follows:

(1) The Secretary of the Department of Transportation.

(2) The Secretary of the Department of Safety and Homeland Security.

(3) The chair of the State Council for Persons with Disabilities.

(4) The Americans with Disabilities Act Title II [42 U.S.C. § 12131 et seq.] coordinator with the Department of Transportation.

(5) The Americans with Disabilities Act Title II [42 U.S.C. § 12131 et seq.] coordinator with the Department of State.

(6) The chief executive officer of the Delaware Transit Organization.

(7) The general manager of the Department of Land Use of New Castle County.

(8) The director of the Department of Land Use and Planning for the City of Wilmington.

(9) The director of the Department of Planning Services for Kent County.

(10) The director of the Sussex County Planning & Zoning Office.

(11) The executive director of the League of Local Governments.

(12) The Governor shall appoint 6 Delaware citizens with knowledge of pedestrian matters and comprised as follows:

a. A resident of New Castle County.

b. A resident of Kent County.

c. A resident of Sussex County.

d. Three who reside anywhere in Delaware and have a physical disability, developmental disability, or visual impairment.

(b) (1) A member who serves on the Council by virtue of position may appoint a designee to serve in the member’s stead and at the member’s pleasure.

(2) At least 1 of the members appointed under paragraph (a)(12) of this section must represent the business community of this State.

(3) A member appointed under paragraph (a)(12) of this section serves for a term of 2 years. The Governor may appoint a member under paragraph (a)(12) of this section for a term of less than 2 years to ensure that the members’ terms expire on a staggered basis.

(4) A member appointed under paragraph (a)(12) of this section serves until a replacement is appointed under the same process as the member’s appointment.

(5) The Governor may remove a member under paragraph (a)(12) of this section for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings without good cause or fails to attend at least 50% of all council meetings in a calendar year. The Governor may consider the member to have resigned and may accept the member’s resignation.

(c) A council member receives no compensation but may be reimbursed the member’s actual and necessary expenses incurred in the performance of the member’s official duties.
2 Del. C. § 1414 — Delaware Code / Title 2 / Chapter 14 / Section 1414
§ Â
        1414. Repeal of ÂÂâ1310 and 1312.
Status: repealed

(a) (1) Notwithstanding § 1310(b)(3) of this title, at such time as there are no longer outstanding any bonds secured by the trust agreement dated as of September 1, 1979, between the Authority and the trustee for the holders of said bonds or provisions for the payment thereof have been made in accordance with the terms of said trust agreement, (i) the motor fuel taxes and motor carrier registration fees remaining after said taxes and fees have been applied as required by the trust agreement dated as of September 1, 1981, between the Authority and the trustee for the holders of bonds secured by said trust agreement shall be paid to the Transportation Trust Fund to be applied by the Authority as provided by this chapter and shall thereupon, without the necessity of any further action by the General Assembly, be irrevocably and automatically pledged and assigned and continuously appropriated to the Transportation Trust Fund; (ii) the provisions of § 1310 of this title shall no longer be of any force or effect; and (iii) all revenues derived from or with respect to the operations of the Delaware Turnpike shall be deposited in the Transportation Trust Fund.

(2) Notwithstanding § 1310 of this title, at such time as there are no longer outstanding any bonds secured by the trust agreement dated as of September 1, 1979, or the trust agreement dated as of September 1, 1981, both between the Authority and the trustee for the holders of said bonds, or provisions for the payment thereof have been made in accordance with the respective terms of said trust agreements, motor fuel taxes and motor carrier registration fees shall be paid to the Transportation Trust Fund to be applied by the Authority as provided in this chapter and shall thereupon without the necessity of any further action by the General Assembly, be irrevocably and automatically pledged and assigned and continuously appropriated to the Transportation Trust Fund.

(b) The State hereby irrevocably pledges and assigns and continuously appropriates the proceeds derived from the motor vehicle registration fee imposed by the State pursuant to Chapter 21 of Title 21, as amended from time to time, the motor vehicle document fee imposed by the State pursuant to Chapter 30 of Title 30, as amended from time to time, the motor fuel taxes imposed by the State pursuant to Chapter 51 of Title 30, as amended from time to time, the motor carriers road use taxes and registration fees imposed by the State pursuant to Chapter 52 of Title 30, as amended from time to time, and the moneys transferred or disbursed to the Transportation Trust Fund pursuant to § 307 of Title 21, as amended from time to time, to the Transportation Trust Fund, subject to the rights of holders of outstanding bonds of the Authority issued pursuant to the Delaware Transportation Authority Act.

(c) At the time § 1310 of this title is repealed and is no longer of any force or effect, § 1312 of this title shall be automatically repealed without any further act of the General Assembly.

(d) Notwithstanding the repeal of said § 1310 of this title, the Authority shall retain the power, granted in said § 1310 of this title, in addition to the general grant of powers contained in § 1309 of this title to make and enforce such rules and regulations and establish, fix and revise from time to time, and charge and collect (or authorize by contract, franchise, lease or otherwise, the establishment, fixing, revising, charging and collection of) such charges, fares, fees, rates, rentals and tolls for the use of any transportation facility, or parts or sections thereof, operated by the Authority, as the Authority may deem necessary, proper, desirable or reasonable, subject to this chapter. The Authority may contract with any person desiring the use of any part of such transportation facilities, including rights-of-way for placing thereon, telephone, telegraph, electric light or power lines, gas stations, garages, restaurants and advertisements or for any other purposes, and fix the terms, conditions, charges, fares, fees, rates, rentals and tolls for such use. The Authority’s power to review and revise any tolls, fares, rents, rates and other charges shall not be subject to supervision or regulation by any department, division, commission, board, council, bureau or agency of the State or any political subdivision thereof. The Authority will consider the purposes of this chapter when establishing such charges, fares, fees, rates, rentals and tolls.
2 Del. C. § 1909 — Delaware Code / Title 2 / Chapter 19 / Section 1909
§ Â
        1909. Disclosures.
Status: in_force

(a) The transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a prearranged ride on the transportation network company’s digital network:

(1) The insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company’s digital network; and

(2) That the transportation network company driver’s own automobile insurance policy might not provide any coverage while the TNC driver is logged on to the transportation network company’s digital network and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.

(b) A transportation network company shall make the following disclosure to a TNC driver in the TNC driver’s terms of service:

“If the vehicle with which you provide transportation network company services has a lien against it, you must notify the lienholder that you provide transportation network company services with such vehicle. Providing such transportation network company services may violate the terms of your contract with the lienholder.”
2 Del. C. § 703 — Delaware Code / Title 2 / Chapter 7 / Section 703
§ Â
        703. Joint operations.
Status: in_force

The Department may engage in all the activities specified in §§ 701 and 702 of this title jointly with the United States, other states, and with political subdivisions or other agencies of this State.
2 Del. C. § 947 — Delaware Code / Title 2 / Chapter 9 / Subchapter IV / Section 947
§ Â
        947. Joint funds.
Status: in_force

(a) For the purpose of providing funds for necessary expenditures in carrying out the joint operations, a joint fund shall be created and maintained, into which each of the political subdivisions involved shall deposit its proportionate share as provided by the joint agreement, such funds to be provided for by bond issues, tax levies and appropriations made by each political subdivision in the same manner as though it were acting separately under the authority of this chapter, and into which shall be paid the revenues obtained from the ownership, control and operation of the airports and other air navigation facilities jointly controlled, to be expended as provided in § 926 of this title. Revenues in excess of cost of maintenance and operating expenses of the joint properties shall be divided as provided in the original agreement for the joint venture.

(b) All disbursements from the joint fund shall be made by order of the board in accordance with such rules and regulations and for such purposes as the appointing governing bodies, acting jointly, shall prescribe.
2 Del. C. § 1504 — Delaware Code / Title 2 / Chapter 15 / Section 1504
§ Â
        1504. Powers; duties.
Status: in_force

(a) The Council shall do all of the following:

(1) Advise the Secretary of the Department of Transportation and the Commissioner of the Department of Safety and Homeland Security on the following issues:

a. Identifying gaps in the system of pedestrian paths and sidewalks in an effort to create a system of sidewalks and pathways that is continuous and interconnected.

b. Designing standards for crosswalks, sidewalks, and pathways, ensuring compliance with the Americans with Disabilities Act of 1990, as amended, [42 U.S.C. § 12101 et seq.] and considering the practicality of completing projects using the standards.

c. Implementing the Department of Transportation’s Sidewalk and Multi-Use Path Maintenance Policy.

d. Reviewing of traffic rules to help support a safe pedestrian environment.

e. Accessibility and connectivity in an effort to make transit a more viable option for all Delaware residents.

f. Developing strategies for pedestrian safety education and awareness.

(2) Assist the Department of Transportation with the periodic reevaluation and implementation of the Department of Transportation’s Statewide Pedestrian Action Plan and make recommendations regarding the prioritization of pedestrian infrastructure improvements, especially within Level 1 and Level 2 Investment Areas, as the areas are determined under § 9101 of Title 29.

(3) Provide advice or recommendations to other appropriate agencies or municipalities.

(4) Assist with annual pedestrian safety events and outreach initiatives.

(5) Review facts and circumstances of Delaware pedestrian fatalities on a quarterly basis. The review should identify trends, if any, and make recommendations to improve pedestrian safety.

(6) Submit an annual report of the Council’s activities and recommendations to the Governor, General Assembly, and the Director and the Librarian of the Division of Legislative Services. The Council shall also provide copies of the annual report to each affected state agency or municipality and make the report available on the Council’s website.

(b) The Council may form a subcommittee or multiple subcommittees to assist in completion of the Council’s duties under this chapter. A subcommittee may include members of the public or from another state agency or nongovernmental organization relating to relevant areas of expertise. A subcommittee member is not required to be a council member.
2 Del. C. § 1413 — Delaware Code / Title 2 / Chapter 14 / Section 1413
§ Â
        1413. Transfers from road improvement fund.
Status: in_force

Notwithstanding § 1310(c)(11) of this title, available money in the road improvement fund shall be transferred periodically to the Transportation Trust Fund at the times and in the manner such money was previously transferred to a special fund of the State.
2 Del. C. § 2006 — Delaware Code / Title 2 / Chapter 20 / Section 2006
§ Â
        2006. Authorization of tolls and user fees; limitations on toll and user fee revenues.
Status: in_force

(a) Authorization of tolls and user fees. — Each agreement may authorize the contracting party to impose tolls or user fees for use of the transportation system constructed and/or leased by it to allow a reasonable rate of return on investment. The agreement may authorize the contracting party to collect tolls or user fees through both conventional methods and non-conventional methods including, but not limited to, automatic vehicle identification systems, electronic toll collection systems and, to the extent permitted by law, video-based toll collection enforcement. The agreement may authorize the collection of tolls and user fees by a third party.

(b) Classification of tolls and user fees. — A contracting party may establish different toll rates or user fees based on categories such as vehicle class or vehicle weight and may further vary toll rates by time of day or year.

(c) Maximum rate of return. — A maximum rate of return on investment shall be negotiated by the parties and stated in the agreement. A contracting party may establish and modify toll rates and user fees as long as the maximum rate of return on investment is not exceeded.

(d) Uses of revenues. — Each agreement shall require that over the term of the lease toll or user fee revenues be applied to payment of the contracting party’s capital outlay costs for the project, including interest expense, the project’s operations costs, costs of toll collections, administration of the project, any reimbursement to the State for the costs of project review and oversight, maintenance and police services, establishment and funding of a fund to ensure the adequacy of maintenance expenditures, a reasonable return on investment to the contracting party, and any other use mutually agreed upon by the parties and specifically set forth in the agreement, regardless of any contrary provisions of Delaware law.

(e) Excess revenues. — As agreed upon by the parties the agreement may require that any revenues in excess of the maximum rate of return allowed in the agreement either be applied to any indebtedness incurred by the contracting party in connection with the project and/or be paid to one or more other entities or funds including, but not limited to, the Revolving Loan Fund established in § 2012 of this title, the State’s Transportation Trust Fund established under § 1404 of this title, the Department, or the State. For the purpose of determining whether there are revenues in excess of the maximum rate of return (or in excess of any incentive rate of return authorized by the agreement pursuant to subsection (f) of this section), the agreement shall expressly provide for an annual audit to be performed (at the expense of the contracting party) by the same auditor chosen to perform the annual audit of the Transportation Trust Fund pursuant to § 1323 of this title and the certification of the rate of return which the contracting party has realized during the audited period. The contracting party shall maintain its books and corporate records in the State.

(f) Incentive rates of return. — Notwithstanding § 2006(c) of this title, each agreement or an amendment to each agreement may provide for incentive rates of return in excess of the maximum rate of return established in the agreement for the attainment of specific safety, performance, transportation demand management or other goals set forth in the agreement or amendment.

(g) Continuation of tolls. — After expiration of the lease or ownership period of a project to or by a contracting party, the Department may continue to charge tolls or user fees for the use of the project. The Department may delegate such authority to continue to collect tolls or user fees for the use of the project to a third party, provided that such revenues must first be used for operations and maintenance of the project and, subsequently, any revenues determined by the Secretary to be excess must be paid by such 3rd party to the State’s Transportation Trust Fund, the Department or the State.
2 Del. C. § 1319 — Delaware Code / Title 2 / Chapter 13 / Section 1319
§ Â
        1319. Exemption from taxation.
Status: in_force

The State covenants with the purchasers and with all subsequent holders, owners and transferees of bonds, in consideration of the acceptance of and payment for the bonds, that the bonds (which include interest thereon), and their transfer, shall be exempt from taxation by the State and its political subdivisions, except for estate, inheritance or gift taxes.

Notwithstanding the foregoing, the Authority may elect to issue bonds, the interest on which is subject to federal income taxation.

Any real or personal property of the Authority and all revenues of the Authority shall be exempt from any and all taxation by the State or any political subdivision thereof for any purpose.
2 Del. C. § 138 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 138
§ Â
        138. Participation in litigation or other proceedings.
Status: in_force

The Department may participate as party plaintiff or defendant, or as intervenor on behalf of the State or any political subdivision or citizen thereof in any controversy having to do with any claimed encroachment by the federal government or any foreign state upon any state or individual rights pertaining to aeronautics.
2 Del. C. § 306 — Delaware Code / Title 2 / Chapter 3 / Section 306
§ Â
        306. Collision of aircraft; law governing liability.
Status: in_force

The liability of the owner of 1 aircraft to the owner of another aircraft, or to airpersons or passengers on either aircraft, for damage caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land.
2 Del. C. § 923 — Delaware Code / Title 2 / Chapter 9 / Subchapter II / Section 923
§ Â
        923. Bond issues.
Status: in_force

(a) Any bonds to be issued by any political subdivision pursuant to this chapter shall be authorized and issued in the manner and within the limitation, except as herein otherwise provided, prescribed by the laws of this State or the charter of the political subdivision for the issuance and authorization of bonds thereof for public purposes generally.

(b) Irrespective of any limitation, by general or special law or charter, as to the amount of bonds which may be issued, a political subdivision may issue bonds for the purposes defined by this chapter in excess of such limitation, in such amount as may be authorized by an ordinance or resolution referred to and approved by the voters of such political subdivision by popular vote, at any general election or special election called for that purpose.

(c) The amount of all bonds issued by any political subdivision for the purposes defined in this chapter shall not be counted or included in the net indebtedness of the political subdivision or in any computation of the outstanding indebtedness of the political subdivision for the purpose of determining the limit of net indebtedness thereof.
2 Del. C. § 1812 — Delaware Code / Title 2 / Chapter 18 / Section 1812
§ Â
        1812. Liability of those damaging railroad property.
Status: in_force

Any person who wilfully impairs, injures, destroys or obstructs the use of any railroad enjoyed under this title or any of its necessary works, wharves, bridges, carriages, engines, cars, machines or other property shall forfeit and pay to the corporation the sum of $50, to be by it recovered in any court having competent jurisdiction in any civil action and shall be liable for all damages sustained.
2 Del. C. § 1405 — Delaware Code / Title 2 / Chapter 14 / Section 1405
§ Â
        1405. Bonds secured by Transportation Trust Fund revenues.
Status: in_force

(a) The Authority shall have the power and is hereby authorized after July 15, 1987, and from time to time thereafter, to issue its bonds, in principal amounts as in the opinion of the Authority shall be necessary to provide for any of its corporate purposes, including the payment, funding or refunding of the principal of, or interest or redemption premiums on, any bonds issued by the Authority whether the bonds or interest to be funded or refunded have or have not become due; and to provide for the security thereof and for the establishment or increase of reserves to secure or to pay the bonds or interest thereon and all other reserves and all costs or expenses of the Authority incident to and necessary or convenient to carry out its corporate purposes and powers; and in addition to its bonds, the Authority shall have the power to issue subordinated indebtedness which shall be subordinate in lien to the lien of any or all of its bonds. No resolution or other action of the Authority providing for the issuance of bonds, refunding bonds or other obligations shall be adopted or otherwise made effective by the Authority without the prior approval in writing of the bond-issuing officer of the State.

(b) Except as may be otherwise expressly provided by the Authority, issues of bonds of the Authority may be general obligations payable out of any revenues or funds of the Authority, or may be limited obligations, subject to any agreements with the holders of particular bonds and payable out of particular revenues or funds of the Authority. The Authority may provide the security and payment provisions for its bonds as it may determine, including (without limiting the generality of the foregoing) bonds as to which the principal and interest are payable from and secured by all or any portion of the revenues of and payments to the Authority and other moneys or funds as the Authority shall determine. In addition, the Authority may, in anticipation of the issuance of the bonds or the receipts of appropriations, grants, reimbursements or other funds, including without limitation grants from the federal government for federal aid highways or public transportation systems, issue notes the principal of or interest on which, or both, shall be payable out of the proceeds of notes, bonds or other obligations of the Authority or appropriations, grants, reimbursements or other funds or revenues of the Authority. The Authority may also enter into bank loan agreements, lines of credit and other security agreements and obtain for or on its behalf letters of credit in each case for the purpose of securing its bonds or to provide direct payment of any costs which the Authority is authorized to pay by this chapter and to secure repayment of any borrowings under the loan agreement, line of credit, letter of credit or other security agreement by its bonds or the proceeds thereof or by any or all of the revenues of and payments to the Authority or by any appropriation, grant or reimbursement to be received by the Authority and other moneys or funds as the Authority shall determine.

(c) Whether or not the bonds are of the form and character as to be negotiable instruments under the terms of the Delaware Uniform Commercial Code, the bonds are hereby made negotiable instruments within the meaning of and for all the purposes of the Delaware Uniform Commercial Code.

(d) Bonds of the Authority shall be authorized by a resolution or resolutions of the Authority and may be issued in 1 or more series and shall bear the date, or dates, mature at the time or times, bear interest at the rate or rates of interest per annum, be in the denomination or denominations, be in the form, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, be payable from the sources, in the medium of payment, at the place or places within or without the State, and be subject to the terms of redemption (with or without premium) as the resolution or resolutions may provide. Bonds may be further secured by a trust indenture between the Authority and a corporate trustee within or without the State. All other obligations of the Authority shall be authorized by resolution containing terms and conditions as the Authority shall determine.

(e) Bonds of the Authority may be sold at a price or prices and in a manner as provided in § 1311 of this title.

(f) Bonds may be issued and other obligations incurred under this chapter without obtaining the consent of any department, division, commission, board, bureau or agency of the State, and without any other proceeding or the happening of any other conditions or things other than those proceedings, conditions or things which are specifically required by this chapter.

(g) Bonds of the Authority issued or incurred under this chapter shall not be in any way a debt or liability of the State or of any political subdivision thereof other than the Authority and shall not create or constitute any indebtedness, liability or obligation of the State or of any political subdivision or be or constitute a pledge of the faith and credit of the State or of any political subdivision, but all bonds unless funded or refunded by bonds of the Authority shall be payable solely from revenues or funds pledged or available for their payment as authorized in this chapter. Each bond shall contain on its face a statement to the effect that the Authority is obligated to pay the principal thereof, premium, if any, or the interest thereon only from revenues or funds of the Authority made available for that purpose and that neither the State nor any political subdivision is obligated to pay the principal, premium, if any, or interest thereon and that neither the faith and credit nor the taxing power of the State or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, or interest on the bonds. For the purposes of this subsection, “political subdivision” does not include the Authority.

(h) All expenses incurred in carrying out this chapter shall be payable solely from revenues or funds provided or to be provided under or pursuant to this chapter and nothing in this chapter shall be construed to authorize the Authority to incur any indebtedness or liability on behalf of or payable by the State or any political subdivision thereof.

(i) Section 1312 of this title shall not apply to bonds of the Authority issued pursuant to this chapter. However, the Authority shall issue no bonds for any purpose unless the General Assembly by an act passed with the concurrence of three fourths of all the members elected to each House shall approve the purpose for which the bonds are issued and maximum amount of such bonds. No approval of the General Assembly shall be required:

(1) To refund bonds issued to fund the Delaware Turnpike with bonds the payment of principal and interest on which is to be met solely from tolls imposed on or revenues derived from the Delaware Turnpike;

(2) To refund bonds issued pursuant to this chapter provided that the present value of the aggregate principal and interest payments of the refunding bonds are less than the present value of the aggregate principal and interest payments on the bonds to be refunded; or

(3) To issue bonds to fund the costs of the Delaware Turnpike or any other toll road provided that such bonds are payable solely from the tolls imposed and other revenues derived therefrom or from the proceeds of such bonds.

(j) Bonds may be issued with interest thereon free from or subject to federal income taxation.
2 Del. C. § 1811 — Delaware Code / Title 2 / Chapter 18 / Section 1811
§ Â
        1811. Fences and cattle guards; liability for damages; trespass with animals; walking on tracks; penalties.
Status: in_force

Every railroad corporation shall erect and maintain fences on both sides of its road, of the height and strength of a fence required by law, with openings, gates or bars therein at farm crossings or the roads for the use of proprietors of lands adjoining such railroad. Every such corporation shall also construct and maintain cattle guards at all the road crossings suitable and sufficient to prevent cattle and other animals from getting on the railroad. Until such fences and cattle guards have been duly made the corporation shall be liable for all damages which are done by their engines and cars to cattle, horses or other animals thereon.

After such fences and guards are duly made and maintained the corporation shall not be liable for any such damages, unless negligently or wilfully done. If any person rides, leads or drives any horse or other animal upon such railroad and within such fences and guards other than at farm crossings without the consent of the corporation, such person shall for every such offense forfeit not more than $10 and shall also pay all damages which are sustained thereby to the party aggrieved. No person other than those connected with or employed upon the railroad shall walk along the tracks of any such railroad, except when the same are laid along public roads or streets.
2 Del. C. § 908 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 908
§ Â
        908. Validation of prior acquisition of airport property.
Status: in_force

Any acquisition of property within or without the limits of any political subdivision for airports and other air navigation facilities, or of airport protection privileges, heretofore made by any political subdivision in any manner, together with the conveyance and acceptance thereof, is valid and effective.
2 Del. C. § 1806 — Delaware Code / Title 2 / Chapter 18 / Section 1806
§ Â
        1806. Contents of notice.
Status: in_force

Each notice, required to be served pursuant to § 1803 of this title, shall contain a brief description sufficient to identify the right-of-way intended to be abandoned and sold or otherwise disposed of, together with a statement that the notice is given to afford the Department an opportunity to acquire the right-of-way or such portion thereof as may be required for public use.
2 Del. C. § 1818 — Delaware Code / Title 2 / Chapter 18 / Section 1818
§ Â
        1818. Public carriers operating buses; public liability insurance.
Status: in_force

The Department may prescribe by regulation or order, as to public carriers operating charter buses, such requirements as it deems necessary for the protection of persons or property of their patrons and the public, including the filing of surety bonds, the carrying of insurance or the qualifications and conditions under which such carriers may act as self-insurers with respect to such matters.
2 Del. C. § 147 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 147
§ Â
        147. Disposition of federal moneys for airports.
Status: in_force

All moneys accepted for disbursement by the Department under § 146 of this title shall be deposited in the State Treasury, and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the moneys were made available, and held by the State in trust for such purposes. All such moneys are appropriated for the purposes for which the same were made available, to be expended in accordance with federal laws and regulations and with this chapter. The Department may, whether acting for this State or as the agent of any political subdivision, or when requested by the United States government or any agency or department thereof, disburse such moneys for the designated purposes, but this shall not preclude any other authorized method of disbursement.
2 Del. C. § 1312 — Delaware Code / Title 2 / Chapter 13 / Section 1312
§ Â
        1312. Authorized projects.
Status: in_force

The Authority is hereby authorized to issue bonds to refund outstanding bonds of the Authority and to issue bonds to finance the costs of the following transportation facilities forming part of the unified transportation system of the State:

(1) Reconstructing and improving the Delaware Turnpike;

(2) Constructing and reconstructing the following highways by the Division of Highways:

a. I-95, viaduct widening and Christiana interchange

b. Wilmington Boulevard, interstate portion

c. Wilmington Boulevard, urban portion

d. I-495, Christiana River to Edgemoor Bridge

e. I-95, I-295, I-495, safety and completion projects

f. I-495, Manor Avenue pedestrian crossing

g. I-495, Twelfth Street interchange

h. I-495, Terminal Avenue interchange

i. I-495, additional exit between 12th Street and intersection of I-95, I-495

j. Twelfth Street, Wilmington

k. Edgemoor Bridge

l. Naaman’s Road, U.S. 13 to U.S. 202

m. Harvey Road, I-95 to Philadelphia Pike

n. Marsh Road, I-95 to Wilson Road

o. Concord Pike, Augustine cut-off to Pennsylvania line

p. Airport Road

q. Route 7, Stanton to U.S. 13

r. Christiana Bypass, Routes 7 to 273

s. Route 273, Newark through Ogletown

t. Route 896, U.S. 40 to Route 4

u. Otts Chapel Road, I-95 to U.S. 40

(3) Constructing and reconstructing the following transportation facilities by the Division of Highways:

a. Route 4 — SR 2 to SR 7

b. New Churchman’s Road — SR 4 to SR 7

c. Alapocas Intersection at New Bridge Road

d. Chapman Road — Salem Church Road to SR 273

e. Route 113, Little Heaven to Dover Air Base

f. Saulsbury Road — Walker Road to Denney’s Road

g. Route 72 — U.S. 40 to Sunset Lake

h. U.S. 13 — Boyd’s Corner, weigh station, rest area, Laurel to Seaford II

i. Route 41 — SR 2 to Milltown Road

j. Red Mill Road — SR 2 to Darwin Drive

k. Stein Highway — Bradford to Front

l. Route 8 — Dover to Pearsons Corner

m. Denney’s Road — Saulsbury Road to U.S. 13

n. Old Baltimore Pike — SR 896 to Christiana

o. U.S. Route 113A — U.S. 13 to Route 113

p. Route 88 and CR 334 — U.S. 13 to SR 9

q. Route 141 — Route 2 to Route 202

r. Paving and rehabilitation program (statewide)

s. Bridge replacement and rehabilitation program (statewide)

t. Community transportation fund and drainage, intersections and miscellaneous projects program (statewide)

u. DTA capital and equipment (statewide)

v. Corridor/non-corridor

w. Road maintenance

The Authority may issue bonds for the purposes set forth in subdivision (1) above including bonds to fund reserves and to pay costs of issuing such bonds without the approval of the General Assembly; provided, however, that the proceeds of such bonds are not applied to the costs of financing feeder roads.

The Authority shall not issue bonds for the purposes set forth in subdivision (2) or (3) above without the approval of the General Assembly. The proceeds of bonds authorized to be applied to purposes described in subdivisions (2) and (3) above shall be: (i) Limited to amounts authorized or to be authorized by the General Assembly from time to time in an annual capital improvements project schedule forming part of the State’s capital improvement act; and (ii) transferred periodically by the Authority to the applicable special funds of the State to meet the costs of such projects. The approval of amounts to be expended for such purposes in an annual capital improvements project schedule shall constitute the approval of the issuance of bonds in such amounts for such purposes. Bond issued for such purposes may include additional amounts necessary to fund reserves and to pay costs of issuing the bonds.

The Authority may issue bonds to refund any bonds previously issued by the Authority for any purpose and to fund reserves and pay costs of issuing bonds without the approval of the General Assembly.

No bonds shall be issued by the Authority for any purpose, including any refunding bonds, unless the Authority has obtained an independent report from a qualified firm stating, on the basis of revenues transferred to and/or collected by the Authority in the fiscal year next prior to the year in which the report is prepared, that it is reasonable to assume, after giving effect to the issuance of bonds proposed to be issued (assuming that the principal and interest payments on such bonds will be the principal and interest payments on those bonds in the fiscal year in which the greatest amount of principal and interest will be payable on those bonds), that sufficient revenues will be available to make the reimbursements from the motor fuel tax reimbursement fund and the motor carrier registration reimbursement fund required by this chapter to be made for the next 5 fiscal years including the fiscal year of the issuance of such bonds. The report may assume that the amount of revenues deposited in the turnpike improvement fund, the interstate operations fund, and the interstate improvement fund, as defined in the trust agreement dated September 1, 1979, between the Authority and the trustee for certain outstanding bonds of the Authority, will not be increased during that 5 year period. A determination by the Authority that the report satisfied the requirements of this paragraph shall be conclusive.
2 Del. C. § 2103 — Delaware Code / Title 2 / Chapter 21 / Section 2103
§ Â
        2103. District designation.
Status: in_force

(a) Any municipality, county, or municipality-county partnership may enter into an agreement with the Department to create a Complete Community Enterprise District.

(b) (1) A municipality, county, or municipality-county partnership and the Department must agree on the boundaries of the District and must create a master development plan for the District that must subsequently be reviewed through the preliminary land use services process under Chapter 92 of Title 29 and adopted into the municipality’s, county’s, or municipality-county partnership’s comprehensive plan.

(2) The master development plan required by paragraph (b)(1) of this section must, upon creation of the District, include enhanced mass transit routes in the District and maximize the use of walking and bicycling by residents and employees.

(3) The master development plan required by paragraph (b)(1) of this section may include the following:

a. A mix of parcels of land zoned for residential, commercial, light industrial, or institutional uses.

b. A guide for the specific design of the physical form, public spaces, and amenities of the District so that transit, walking, and cycling are safe and comfortable modes of travel for all the residents of the District.

c. An agreement on level of service requirements specific to the District.

(c) Once a master development plan has been created, the Department shall conduct a transportation planning study to evaluate existing and proposed future conditions in and around the District boundaries agreed to under this section. The study shall determine the effects of creating the District and identify the projects needed within the District to implement the policies defined in § 2105 of this title and the projects needed outside the District to meet the highway capacity and quality of service standards of the Department and the county or municipality in which the District is located. The Department shall publish this study on its website at least 10 business days prior to any hearing required under § 2662, §4962, or §6962 of Title 9 or § 312 of Title 22.
2 Del. C. § 2101 — Delaware Code / Title 2 / Chapter 21 / Section 2101
§ Â
        2101. Declaration of policy.
Status: in_force

It is the policy of this State to:

(1) Encourage development that maximizes the economic value to the citizens and the government of the State of both existing and new transportation infrastructure.

(2) Strategically deploy transportation funds in ways that meet the mobility needs of the people of the State at the lowest total economic cost to the people and government of the State.

(3) Encourage transportation solutions that enable the formation of new households in the State that have less than 1 vehicle per adult worker.
2 Del. C. § 143 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 143
§ Â
        143. Authority to contract.
Status: in_force

The Department may enter into any contracts necessary to the execution of the powers granted it by this chapter.
2 Del. C. § 1903 — Delaware Code / Title 2 / Chapter 19 / Section 1903
§ Â
        1903. TNC permit required.
Status: in_force

(a) A person shall not operate a TNC in Delaware without first having obtained a permit from the Delaware Department of Transportation, Delaware Transit Corporation (“Division”).

(b) The Division shall issue a permit to each applicant that meets the requirements for a TNC set forth in this chapter, and pays an annual permit fee of $5,000 to the Division.
2 Del. C. § 144 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 144
§ Â
        144. Grant of exclusive rights prohibited.
Status: in_force

The Department shall grant no exclusive right for the use of any airway, airport, restricted landing area, or other air navigation facility under its jurisdiction. This section shall not prevent the making of leases in accordance with other provisions of this chapter.
2 Del. C. § 701 — Delaware Code / Title 2 / Chapter 7 / Section 701
§ Â
        701. Authority to establish, acquire and operate.
Status: in_force

(a) The Department may, on behalf of and in the name of this State, within the limitation of available appropriations, acquire by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property real or personal, for the purpose of establishing and constructing airports, restricted landing areas, and other air navigation facilities, and acquire in like manner, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police such airports, restricted landing areas, and other air navigation facilities, either within or without this State. It may make, prior to any such acquisition, investigations, surveys, and plans; and may erect, install, construct, and maintain at such airports facilities for the servicing of aircraft and for the comfort and accommodation of air travelers, and may dispose of any such property, airport, restricted landing area, or any other air navigation facility, by sale, lease, or otherwise, in accordance with the laws of this State governing the disposition of other like property of the State.

(b) The Department shall not, however, acquire or take over any airport, restricted landing area or other air navigation facility owned or controlled by a political subdivision without the consent of such political subdivision.

(c) The Department may erect, equip, operate, and maintain on any airport buildings and equipment necessary and proper to establish, maintain, and conduct such airport and air navigation facilities connected therewith.
2 Del. C. § 1910 — Delaware Code / Title 2 / Chapter 19 / Section 1910
§ Â
        1910. Automobile insurance provisions.
Status: in_force

(a) Insurers that write automobile insurance in Delaware may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a TNC driver is logged on to a transportation network company’s digital network or while a TNC driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in an automobile insurance policy including, but not limited to:

(1) Liability coverage for bodily injury and property damage;

(2) Personal injury protection benefits as required by §2118 of Title 21 and § 3902 of Title 18;

(3) Uninsured and underinsured motorist;

(4) Medical payments coverage;

(5) Comprehensive physical damage coverage; and

(6) Collision physical damage coverage.

Such exclusions shall apply notwithstanding any requirement under Chapters 21 and 29 of Title 21.

Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the TNC driver is logged on to the transportation network company’s digital network, while the TNC driver is engaged in a prearranged ride or while the TNC driver otherwise uses a vehicle to transport passengers for compensation.

Nothing in this chapter shall be construed as to require an insurer to use any particular policy language or reference to this section in order to exclude any and all coverage for any loss or injury that occurs while a TNC driver is logged on to a transportation network company’s digital network or while a TNC driver provides a prearranged ride.

Nothing shall be deemed to preclude an insurer from providing primary or excess coverage for the transportation network company driver’s vehicle, if it so chose to do so by contract or endorsement.

(b) Automobile insurers that exclude the coverage described in § 1908 of this title shall have no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in this chapter shall be deemed to invalidate or limit an exclusion contained in a policy including any policy in use or approved for use in Delaware prior to August 10, 2016, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.

An automobile insurer that defends or indemnifies a claim against a TNC driver that is excluded under the terms of its policy, shall have a right of contribution against other insurers that provide automobile insurance to the same TNC driver in satisfaction of the coverage requirements of § 1908 of this title at the time of loss.

(c) In a claims coverage investigation, transportation network companies shall immediately provide upon request by directly involved parties or any insurer of the transportation network company driver if applicable, the precise times that a transportation network company driver logged on and off of the transportation network company’s digital network in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident. Insurers providing coverage set forth under § 1908 of this title shall disclose upon request by any other such insurer involved in the particular claim, the applicable coverages, exclusions and limits provided under any automobile insurance maintained under § 1908 of this title in order to satisfy the requirements.

(d) If a lender or a secured party has a secured interest in a TNC driver’s vehicle and a transportation network company’s insurer makes a payment for a claim for damage to the TNC driver’s vehicle that is covered under comprehensive or collision damage coverage held by the transportation network company, the insurer shall issue the payment directly to the vehicle repair shop or jointly to the owner of the vehicle and the primary lender or secured party on the covered vehicle.

(e) Nothing in this section shall limit the right of a lender or secured party of a TNC driver’s vehicle to require a TNC driver to maintain comprehensive, collision damage coverage, or both for a TNC driver’s vehicle, or to show evidence of such coverage to the lender or secured party, that would cover the period when the TNC driver is logged on to the transportation network company’s digital network but is not engaged in a prearranged ride or when the TNC driver is engaged in a prearranged ride. If the TNC driver fails to maintain the required comprehensive or collision damage coverage, or to show evidence to the lender or secured party of the coverage upon reasonable request by the lender or secured party, the lender or secured party may obtain the coverage at the expense of the TNC driver
2 Del. C. § 903 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 903
§ Â
        903. Authority to establish, acquire and operate airports.
Status: in_force

Every political subdivision may, through its governing body, acquire property, real or personal, for the purpose of establishing, constructing and enlarging airports and other air navigation facilities and may acquire, establish, construct, enlarge, improve, maintain, equip, operate and regulate such airports and other air navigation facilities and structures and other property incidental to their operation, either within or without the territorial limits of the political subdivision and within or without this State; may make, prior to any such acquisition, investigations, surveys and plans; may construct, install and maintain airport facilities for the servicing of aircraft and for the comfort and accommodation of air travelers; and may purchase and sell equipment and supplies as an incident to the operation of its airport properties. It may not, however, acquire or take over any airport or other air navigation facility owned or controlled by any other political subdivision of the State without the consent of such political subdivision. It may use for airport purposes any available property that is now or may at any time hereafter be owned or controlled by it. Such air navigation facilities as are established on airports shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.
2 Del. C. § 944 — Delaware Code / Title 2 / Chapter 9 / Subchapter IV / Section 944
§ Â
        944. Governing board; membership, organization and powers.
Status: in_force

(a) Political subdivisions acting jointly as authorized in this subchapter shall create a board from the inhabitants of such political subdivisions for the purpose of acquiring property for, establishing, constructing, enlarging, improving, maintaining, equipping, operating and regulating the airports and other air navigation facilities and airport protection privileges to be jointly acquired, controlled and operated. The board shall consist of members to be appointed by the governing body of each political subdivision involved, the number to be appointed by each to be provided for by the agreement for the joint venture. Each member shall serve for such time and upon such terms as to compensation, if any, as may be provided for in the agreement.

(b) Each board shall organize, select officers for terms to be fixed by the agreement, and adopt and from time to time amend rules of procedure.

(c) Each board may exercise, on behalf of the political subdivisions acting jointly by which it is appointed, all the powers of each of such political subdivisions granted by this chapter, except as herein provided. Real property, airports, restricted landing areas, air protection privileges or personal property costing in excess of a sum to be fixed by the joint agreement, may be acquired, and condemnation proceedings may be instituted, only by authority of the governing bodies of each of the political subdivisions involved. The total amount of expenditures to be made by the board for any purpose in any calendar year shall be determined by the political subdivisions involved by the approval by each on or before the preceding December 1st of a budget for the ensuing calendar year. Rules and regulations provided for by paragraph (2) of § 909 of this title shall become effective only upon approval of each of the appointing governing bodies. No real property and no airport, other air navigation facility, or air protection privilege, owned jointly, shall be disposed of by the board, by sale, lease or otherwise, except by authority of all the appointing governing bodies, but the board may lease space, area or improvements and grant concessions on airports for aeronautical purposes or purposes incidental thereto, subject to subdivision (3) of § 909 of this title.
2 Del. C. § 925 — Delaware Code / Title 2 / Chapter 9 / Subchapter II / Section 925
§ Â
        925. Authority to appropriate and expend moneys and to levy taxes.
Status: in_force

(a) The governing bodies having power to appropriate moneys within the political subdivisions in this State acquiring, establishing, constructing, enlarging, improving, maintaining, equipping or operating airports and other air navigation facilities under this chapter may appropriate and cause to be raised by taxation or otherwise in such political subdivisions moneys sufficient to carry out therein the provisions of this chapter.

(b) Irrespective of any limitation, by general or special law or charter, as to the amount or total of taxes that may be levied, a political subdivision may levy taxes for the purposes authorized by this chapter, in excess of such limitations, in such amount as may be authorized by an ordinance or resolution referred to and approved by the voters of such political subdivision by popular vote.
2 Del. C. § 702 — Delaware Code / Title 2 / Chapter 7 / Section 702
§ Â
        702. Acquisition of easements and airport protection privileges.
Status: in_force

Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports and restricted landing areas acquired or operated under this chapter, the Department may acquire, in the same manner as is provided for the acquisition of property for airport purposes, easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of the airports or restricted landing areas, and such other airport protection privileges as are necessary to insure safe approaches to the landing areas of the airports and restricted landing areas, and the safe and efficient operation thereof. It may also acquire, in the same manner, the right or easement, for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and suitable lights for the nighttime marking of airport hazards, including the right of ingress and egress to or from such airport hazards for the purpose of maintaining and repairing such lights and marks. This authority shall not be so construed as to limit the right, power, or authority of the State or any political subdivision to zone property adjacent to any airport or restricted landing area pursuant to any law of this State.
2 Del. C. § 503 — Delaware Code / Title 2 / Chapter 5 / Section 503
§ Â
        503. Penalties; jurisdiction.
Status: in_force

Violations under this chapter shall be referred by the Department, through the Office of Aeronautics, to the Federal Aviation Administration for enforcement action and/or imposition of sanctions.
2 Del. C. § 1328 — Delaware Code / Title 2 / Chapter 13 / Section 1328
§ Â
        1328. Application of state Freedom of Information Act.
Status: in_force

(a) The Authority and its subsidiaries shall be subject to all applicable provisions of the state Freedom of Information Act, Chapter 100 of Title 29.

(b) Written or recorded information concerning employee addresses, work sites, times of travel, salary and other information of a personal nature, having been provided or to be provided by employers working with the Department to develop transportation programs or projects, shall be treated as confidential and shall not be considered as a public record under Chapter 100 of Title 29.
2 Del. C. § 1302 — Delaware Code / Title 2 / Chapter 13 / Section 1302
§ Â
        1302. Legislative findings and determinations.
Status: in_force

(a) The General Assembly finds that:

(1) There is a continuing need to apply the resources of the State to implement plans for air, water, vehicular, public and specialized transportation in the State;

(2) There is a continuing need to implement such plans on a comprehensive and integrated basis for the benefit of all people in the State and the users of those facilities from other states in order to obtain an economical, efficient and unified system of air, water, vehicular, public and specialized transportation;

(3) There is a continuing need to provide methods for financing existing and future transportation facilities in the State to maintain and develop such economical transportation systems for the health, welfare, convenience and safety of the people of the State and the users of those facilities from other states; and

(4) Air, water, vehicular, public and specialized transportation facilities form a unified system of transportation because, among other reasons:

a. Such facilities, as a whole, contribute to the commerce of the State and unification of the planning for and financing of such facilities will increase the economic vitality of the State;

b. The use of 1 form of or facility for transportation will reduce congestion in the use of another form of or facility for transportation; and

c. The use of public and specialized transportation will reduce environmental pollution and conserve energy for the benefit of all users of transportation facilities and for the benefit of the people of this State and such unified system of transportation is of grave concern to the State.

(b) The General Assembly hereby determines that in order to remedy such conditions and to implement the purposes of this chapter, there shall be created an authority which shall be a body politic and corporate constituting a public instrumentality having the powers, duties and functions provided in this chapter; that the creation of the authority and the powers conferred on such authority under this chapter and the expenditure of moneys pursuant to this chapter constitute a valid public purpose and the performance of a valid public function; that the enactment of the provisions hereinafter set forth is in the public interest and for the public benefit and welfare and is hereby so declared to be as a matter of express legislative determination.
2 Del. C. § 1901 — Delaware Code / Title 2 / Chapter 19 / Section 1901
§ Â
        1901. Definitions.
Status: in_force

As used in this chapter:

(1) “Digital network” means any online-enabled technology application service, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.

(2) “Personal vehicle” means a vehicle that is used by a transportation network company driver and is:

a. Owned, leased or otherwise authorized for use by the transportation network company driver; and

b. Not a taxicab, limousine, or public carrier as defined in Chapter 18 of this title.

(3) “Prearranged ride” means the provision of transportation by a TNC driver to a rider, beginning when a TNC driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the TNC driver transports a requesting rider, and ending when the last rider departs from the personal vehicle. A prearranged ride does not include:

a. Transportation provided using a taxicab, limousine, or other public carrier pursuant to Chapter 18 of this title; or

b. A shared expense carpool or vanpool arrangement; or

c. A regional transportation provider.

(4) “Protective hairstyle” includes braids, locks, and twists.

(5) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(6) “Transportation network company” or “TNC” means a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this chapter and operating in Delaware that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company shall not be deemed to control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract. “Transportation network company” does not include a transportation broker arranging nonemergency medical transportation for Medicaid or Medicare members pursuant to a contract with the State or a managed-care organization.

(7) “Transportation network company driver” or “TNC driver” means an individual who:

a. Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and

b. Uses a personal vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.

(8) “Transportation network company rider” or “rider” means an individual or persons who use a transportation network company’s digital network to connect with a transportation network company driver who provides prearranged rides to the rider in the TNC driver’s personal vehicle between points chosen by the rider.
2 Del. C. § 1501 — Delaware Code / Title 2 / Chapter 15 / Section 1501
§ Â
        1501. Purpose.
Status: in_force

The Pedestrian Council (“Council”) is established to assist in the goal of eliminating pedestrian fatalities and make walking a safe, convenient, efficient, and comfortable means of transportation in Delaware.
2 Del. C. § 102 — Delaware Code / Title 2 / Chapter 1 / Subchapter I / Section 102
§ Â
        102. Definitions.
Status: in_force

For the purpose of this part or any other laws of this State relating to aeronautics, unless otherwise specifically defined, or unless another intention clearly appears or the context requires a different meaning:

(1) “Aeronautics” or “aviation” means transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities, and air instruction.

(2) “Aeronautics instructor” means any individual engaged in giving instruction, or offering to give instruction, in aeronautics, either in flying or ground subjects, or both, for hire or reward, without advertising such occupation, without calling the facilities an “air school” or anything equivalent thereto, and without employing or using other instructors; but it does not include any instructor in any public school or university of this State, or any institution of higher learning duly accredited and approved for carrying on collegiate work, while engaged in the duties as such instructor.

(3) “Air instruction” means the imparting of aeronautical information by any aeronautics instructor or in or by any air school or flying club.

(4) “Air navigation” means the operation or navigation of aircraft in the air space over this State, or upon any airport or restricted landing area within this State.

(5) “Air navigation facility” means any facility other than one owned or controlled by the federal government, used in, available for use in, or designed for use in, aid of air navigation, including airports, restricted landing areas, and any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area, and any combination of any or all of such facilities.

(6) “Air school” means any person engaged in giving, or offering to give, instruction, in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, and advertising, representing, or holding such person out as giving or offering to give such instruction; but it does not include any public school or university of this State, or any institution of higher learning duly accredited and approved for carrying on collegiate work.

(7) “Aircraft” means any contrivance known, or invented, used or designed for navigation of or flight in the air.

(8) “Airman” means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way; and (excepting individuals employed outside the United States, any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, and any individual performing inspection or mechanical duties in connection with aircraft owned or operated by such individual) any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; and any individual who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator.

(9) “Airport” means any area, of land or water, except a restricted landing area, which is designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way.

(10) “Airport approach area” means all that area lying within and below an inclined plane as defined in Federal Aviation Regulation (FAR) Part 77.

(11) “Airport hazard” means any structure, object of natural growth, or use of land, which obstructs the air space required for the flight of aircraft in landing or taking off at any airport or restricted landing area or is otherwise hazardous to such landing or taking off.

(12) “Airport protection privileges” means easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to insure safe approaches to the landing areas of airports and restricted landing areas and the safe and efficient operation thereof.

(13) “Airport purposes” means and includes airport, restricted landing area, and other air navigation facility purposes.

(14) “Civil aircraft” means any aircraft other than a public aircraft.

(15) “Department” means the Department of Transportation.

(16) “Flying club” means any person other than an individual, which, neither for profit nor reward, owns, leases or uses 1 or more aircraft for the purpose of instruction or pleasure or both.

(17) “Helicopter landing site” means a heliport, helistop or helipad or any other surface used or usable for helicopter operations as defined in FAR Part 77.

(18) “Municipality” means any “political subdivision,” as defined in this section.

(19) “Navigable air space” means air space above the minimum altitudes of flight prescribed by the laws of this State or by regulations of the Department consistent therewith.

(20) “Obstruction” means any physical hazard to flight constructed, installed or planted by humans, whether real or artificial, including, but not limited to, buildings, trees, towers, smokestacks and overhead transmission lines.

(21) “Operation of aircraft” or “operate aircraft” means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft.

(22) “Person” or “whoever” means any individual, firm, partnership, corporation, company, association, joint stock association or body politic; and includes any trustee, receiver, assignee or other similar representative thereof.

(23) “Political subdivision” means any county, hundred, city, village, town or borough of this State and any other public corporation, authority or district in this State authorized by law to acquire, establish, construct, maintain, improve and operate airports and other air navigation facilities.

(24) “Public aircraft” means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory or possession of the United States or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.

(25) “Public use airport” means an airport open for use by the public for general aviation purposes.

(26) “Restricted landing area” means any area of land, water or both which is used or is made available for the landing and takeoff of aircraft, the use of which shall, except in case of emergency, be only as provided from time to time by the Department.

(27) “Runway approach area” means an imaginary trapezoidal shape, beginning at the end of a runway with an initial width parallel to the runway end extending for a distance of 500 feet from each side of the runway centerline, running lengthwise from the runway end along said centerline for a distance of 3000 feet and ending with a line parallel to the runway end extending for a distance of 875 feet from each side of said runway centerline, pursuant to FAA Advisory Circular 150/5300-13.

(28) “Secretary” means the Secretary of Transportation.

(29) “State airway” means a route in the navigable air space over and above the lands or water of this State, designated by the Department as a route suitable for air navigation.
2 Del. C. § 1905 — Delaware Code / Title 2 / Chapter 19 / Section 1905
§ Â
        1905. Fare collected for services.
Status: in_force

On behalf of a TNC driver, a TNC may charge a fare for the services provided to riders; provided that, if a fare is collected from a rider, the TNC shall disclose to the rider the fare or fare calculation method on its website or within the online-enabled technology application service. The TNC shall also provide riders with the option to receive an estimated fare before the rider enters the TNC driver’s vehicle.
2 Del. C. § 173 — Delaware Code / Title 2 / Chapter 1 / Subchapter III / Section 173
§ Â
        173. Exceptions from approval and licensing requirements.
Status: in_force

Sections 170 through 172 inclusive of this title shall not apply to restricted landing areas designed for personal use or to any airport, restricted landing area or other air navigation facility owned or operated by the federal government within this State.
2 Del. C. § 1807 — Delaware Code / Title 2 / Chapter 18 / Section 1807
§ Â
        1807. Service of notice.
Status: in_force

Service of the said notice shall be made by certified mail, return receipt requested, addressed to the Secretary of the Department.
2 Del. C. § 304 — Delaware Code / Title 2 / Chapter 3 / Section 304
§ Â
        304. Lawfulness of flight and landings.
Status: in_force

Flight in aircraft over the lands and waters of this State is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.

No person shall land an aircraft on the lands or waters of another, without the owner’s consent, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the airperson shall be liable, as provided in § 305 of this title.
2 Del. C. § 2009 — Delaware Code / Title 2 / Chapter 20 / Section 2009
§ Â
        2009. Other agreement provisions.
Status: in_force

(a) Grant of rights to contracting party. — An agreement may include provisions authorizing the State to grant necessary easements and lease to a contracting party existing rights of way or rights of way subsequently acquired. An agreement may also include provisions to lease the airspace above or below the right of way associated with the project to the contracting party at less than fair market value during the term of the contracting party’s lease of the project, provided that if the Department continues to lease the airspace rights to the contracting party after the expiration of such lease term, it must do so only at fair market value. The agreement may also grant the contracting party the right of first refusal to undertake projects utilizing real estate and airspace owned by the Department within or contiguous to the right of way, provided that in the judgment of the Secretary such projects must contribute to the public use and benefit of the project, and provided further that nothing herein shall derogate from the Department’s power to declare real estate or airspace owned by the Department surplus to the needs of the Department pursuant to § 137 of Title 17 or any successor provision.

(b) Miscellaneous. — An agreement may include any contractual provision that is necessary to protect the project revenues required to repay the costs incurred to study, plan, design, finance, acquire, build, install, lease, operate, enforce laws, and maintain the transportation system including, but not limited to, a traffic guarantee, an equity guarantee or insurance provided that such provision will not unreasonably prohibit the development of essential public transportation systems and facilities.
2 Del. C. § 174 — Delaware Code / Title 2 / Chapter 1 / Subchapter III / Section 174
§ Â
        174. Orders of Department refusing or revoking license, registration or approval.
Status: in_force

In any case where the Department refuses to issue a certificate of approval of or license or renewal of license for an airport, restricted landing area or other air navigation facility, or refuses to permit the registration of any license, certificate or permit, or refuses to grant a license to an air school or to an aeronautics instructor in ground subjects, or in any case where it issues any order requiring certain things to be done, or revoking any license or certificate, it shall set forth its reasons therefor and shall state the requirements to be met before such approval will be given, registration permitted, license granted or order modified or changed. Any order made by the Department under this chapter shall be served upon the interested persons by registered mail or in person. To carry out this chapter the Department, any member thereof, the Secretary of Transportation or officers or employees of the Department and any officers, state or municipal, charged with the duty of enforcing this chapter may inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, restricted landing areas, air schools, flying clubs or other air navigation facilities or aeronautical activities are operated or carried on.
2 Del. C. § 1913 — Delaware Code / Title 2 / Chapter 19 / Section 1913
§ Â
        1913. TNC driver requirements.
Status: in_force

(a) Before allowing an individual to accept trip requests through a TNC’s digital platform:

(1) The individual shall submit to the TNC information or documents from which a TNC can verify that the individual satisfies the requirements set forth in paragraphs (b)(5)-(8) of this section.

(2) The TNC shall conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include:

a. Multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and

b. U.S. Department of Justice National Sex Offender Public Website;

(3) The TNC shall review, or have a third-party review, a driving history research report for such individual.

(b) The TNC must disqualify any prospective TNC driver whose background check or driving history reveals that the TNC driver:

(1) Within the prior 3-year period was convicted of:

a. More than 3 moving violations;

b. Driving while license is suspended or revoked under § 2756 of Title 21;

c. Attempting to flee or elude a police officer under § 4103 of Title 21; or

d. Offenses which caused the TNC driver’s license to be suspended, revoked, or disqualified for moving violations.

(2) Has been convicted, within the past 7 years, of:

a. Any felony; or

b. Misdemeanor driving under the influence, reckless driving or hit and run, or any misdemeanor violent offense or sexual offense; or

c. Speeding more than 100 miles per hour.

(3) Has ever been convicted, within the maximum allowable time period for which convictions may be reviewed under applicable state law, of:

a. An offense classified as a class A or violent class B felony;

b. Any crime against a child;

c. Any crime constituting a felony sexual offense;

d. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter, and vehicular homicide;

(4) Is a match in the U.S. Department of Justice National Sex Offender Public Website;

(5) Does not possess a valid driver’s license;

(6) Does not possess proof of registration for the motor vehicle or vehicles used to provide prearranged rides;

(7) Does not possess proof of automobile liability insurance for the motor vehicle or vehicles used to provide prearranged rides; or

(8) Is not at least 18 years of age.

(c) A TNC or a third party must check, at least annually, the driving record of every TNC driver operating on the TNC’s platform in order to verify that the TNC driver has not accrued any moving violations that would require disqualification under paragraph (b)(1) of this section.
2 Del. C. § 1820 — Delaware Code / Title 2 / Chapter 18 / Section 1820
§ Â
        1820. Stay pending appeal.
Status: in_force

The filing of an appeal from any order of the Department shall in no case supersede or stay the order of the Department, unless the Superior Court so directs, and the appellant may be required by the Court to give bond in such form and of such amount as the Court, allowing the stay, requires.
2 Del. C. § 1401 — Delaware Code / Title 2 / Chapter 14 / Section 1401
§ Â
        1401. Title.
Status: in_force

This chapter shall be known as the “Transportation Trust Fund Act.” The word “chapter,” as used herein, means this Transportation Trust Fund Act. The phrase “transportation system,” as used herein, shall mean all modes and methods of transporting people and goods on land, in the air or on water; provided, however, that no facility of the Greater Wilmington Airport owned by New Castle County, the Sussex County Airport owned by Sussex County, the Port of Wilmington owned by the City of Wilmington or any facility of the Wilmington Parking Authority may be acquired by the Authority unless specifically authorized to do so by an act of the General Assembly.
2 Del. C. § 2001 — Delaware Code / Title 2 / Chapter 20 / Section 2001
§ Â
        2001. Findings and declaration of policy.
Status: in_force

The General Assembly hereby finds and declares that:

(a) It is essential for the economic, social and environmental well being of the State and the maintenance of a high quality of life that the citizens of the State have an efficient transportation system.

(b) The State has limited resources to fund the maintenance and expansion of the State transportation system and therefore alternative funding sources should be developed to supplement public revenue sources.

(c) A significant alternative to public revenue sources is a public-private sector initiatives program permitting private entities to undertake all or a portion of the study, planning, design, development, financing, acquisition, installation, construction, improvement, expansion, repair, operation and maintenance of public transportation projects for the citizens of Delaware in exchange for the right to lease or own the facilities for an agreed-upon period and earn a reasonable rate of return through tolls or user fees.

(d) In addition to alleviating the strain on the public treasury and allowing the State to use its limited resources for other needed projects, public-private initiative projects also do all of the following:

(1) Take advantage of private sector efficiencies in designing and building transportation projects and financial and development expertise;

(2) Allow for the rapid formation of capital necessary for funding transportation projects;

(3) More quickly reduce congestion in existing transportation corridors and provide the public with alternate route and mode selections;

(4) Provide the opportunity to link transportation investments with land use measures which further the State’s growth management and clean air policies;

(5) Provide sound investment opportunities for the private sector; and

(6) Require continued compliance with environmental requirements and applicable state and federal laws that all publicly financed projects must address.

(e) The Department should be permitted and encouraged to test the feasibility of building privately-funded transportation systems and facilities through innovative agreements with the private sector by developing projects, and the Secretary should be granted authority to entertain, solicit, evaluate, negotiate and administer such agreements.

(f) The Department is encouraged and authorized to take full advantage of every financing opportunity and mechanism provided by federal legislation, including transportation legislation facilitating federal financing or grants for construction, improvement, leasing, operation or related functions as to roads, bridges, tunnels or other transportation systems.

(g) A Public-Private Initiatives Program Revolving Loan Fund, which would allow available federal and State funds to be leveraged, should be established to provide a source of public funds for partial financing of projects.
2 Del. C. § 1305 — Delaware Code / Title 2 / Chapter 13 / Section 1305
§ Â
        1305. Turnpike maintenance and operations.
Status: in_force

The Authority is authorized to make appropriate provisions for the maintenance and operation of the Delaware Turnpike including, but not limited to, assignment of the responsibility for maintenance and operation by the Division of Highway Operations, subject however, to the requirement that at all times the Authority shall retain the ultimate responsibility for operation and maintenance of the Delaware Turnpike in accordance with the terms and conditions of any trust agreement with bondholders. The assignment of responsibilities for maintenance and operation of the Delaware Turnpike to an entity other than the Authority shall not include the authority to adjust in any manner charges, fares, fees, rentals and/or tolls.
2 Del. C. § 603 — Delaware Code / Title 2 / Chapter 6 / Section 603
§ Â
        603. Erection or maintenance of obstructions; penalties.
Status: in_force

Whoever constructs, erects, places or alters any obstruction without first obtaining a building permit as required in this chapter shall, upon being found liable therefore in a civil proceeding, be fined an amount not exceeding $1,000. Each day’s continuation of a violation of this section shall be deemed a separate and distinct offense, all of which may be brought together in a single action.
2 Del. C. § 1325A — Delaware Code / Title 2 / Chapter 13 / Section 1325A
§ Â
        1325A. Status of former DTA employees.
Status: in_force

Any employee of the Delaware Transportation Authority as of June 30, 1994, and retaining merit system status at that time who is transferred to the Delaware Transit Corporation before August 31, 1995, shall be deemed to be employed by the State in the classified service with all the benefits accrued as a merit employee as of July 31, 1995, notwithstanding any provision of § 1325 of this title to the contrary.
2 Del. C. § 705 — Delaware Code / Title 2 / Chapter 7 / Section 705
§ Â
        705. Leases and sales.
Status: in_force

(a) The Department may lease for a term not exceeding 10 years, such airports, or other air navigation facilities or real property acquired or set apart for airport purposes, to private parties, any municipal or state government or the national government, or any department of either thereof, for operation or use consistent with the purposes of this chapter.

(b) The Department may lease or assign for a term not exceeding 10 years to private parties, any municipal or state government or the national government, or any department of either for operation or use consistent with the purposes of this chapter, space, area, improvements or equipment on such airports.

(c) The Department may sell any part of such airports, other air navigation facilities or real property to any municipal or state government, or to the United States or any department or instrumentality thereof, for aeronautical purposes or purposes incidental thereto.

(d) The Department may confer the privilege of concessions of supplying upon the airports, goods, commodities, things, services and facilities.

(e) No lease, sale, assignment or privilege conferred under this section shall deprive the public of its rightful, equal and uniform use thereof.
2 Del. C. § 2010 — Delaware Code / Title 2 / Chapter 20 / Section 2010
§ Â
        2010. Operation of toll facility.
Status: in_force

At the request of a contracting party operating a toll facility hereunder, the Department may adopt and enforce reasonable regulations consistent with State law which (i) set maximum and minimum speeds, (ii) exclude undesirable vehicles, cargoes, or materials from the use of the facility, (iii) establish high occupancy or express lanes for use during all or any part of a day and limit the use of such lanes to certain traffic, (iv) determine points of access, (v) determine truck/trailer multiples, (vi) determine truck weight stations, and (vii) determine truck weight limits.
2 Del. C. § 308 — Delaware Code / Title 2 / Chapter 3 / Section 308
§ Â
        308. Contracts in flight.
Status: in_force

All contractual and other legal relations entered into by aeronauts or passengers while in flight over this State shall have the same effect as if entered into on the land or water beneath.
2 Del. C. § 2011 — Delaware Code / Title 2 / Chapter 20 / Section 2011
§ Â
        2011. Plans and specifications.
Status: in_force

The plans and specifications for each project constructed pursuant to this chapter shall comply with the Department’s standards for state projects and any applicable federal standards. Each project is deemed to be part of the state highway system for purposes of identification, maintenance standards, and enforcement of traffic laws and for the purposes of applicable sections of this title.
2 Del. C. § 1802C — Delaware Code / Title 2 / Chapter 18 / Section 1802C
§ Â
        1802C. Taxicab medallion and limousine certification task force.
Status: in_force

(a) The General Assembly directs the Department of Transportation (DelDOT) to create a task force to study taxi medallion issues and limousine certification issues and to submit a report to the General Assembly by January 15, 2004. The task force staffing shall be provided by the House of Representatives and shall consist of the following members:

(1) The Chair of the House Transportation Committee who will serve as chair;

(2) Two taxi cab owners/operators, 1 appointed by the Speaker of the House of Representatives and 1 appointed by the President Pro Tempore of the Senate and 2 limousine owners/operators, 1 appointed by the Speaker of the House of Representatives and 1 appointed by the President Pro Tempore of the Senate;

(3) One member of the House of Representatives to be appointed by the Speaker of the House of Representatives and 1 member of the Senate to be appointed by the President Pro Tempore of the Senate;

(4) Two members of the public, 1 to be appointed by the Speaker of the House of Representatives and 1 to be appointed by the President Pro Tempore of the Senate;

(5) The Secretary of DelDOT, or the Secretary’s designee; and

(6) Three members appointed by the Secretary of DelDOT.

(b) The General Assembly directs DelDOT to cap the number of taxi medallions and limousine certifications at the amount in existence at the time this legislation is passed. No new medallions or limousine certificates shall be issued on or before June 30, 2004.
2 Del. C. § 309 — Delaware Code / Title 2 / Chapter 3 / Section 309
§ Â
        309. Dangerous flying; penalty.
Status: in_force

Whoever, being an airperson or passenger, while in flight over a thickly inhabited area or over a public gathering within this State, engages in trick or acrobatic flying, or in any acrobatic feat, or, except while in landing or taking off, flies at such a low level as to endanger the persons on the surface beneath, or drops any object except loose water or loose sand ballast, shall be fined not more than $500 or imprisoned not more than 1 year, or both.
2 Del. C. § 307 — Delaware Code / Title 2 / Chapter 3 / Section 307
§ Â
        307. Crimes and torts in flight; law governing.
Status: in_force

All crimes, torts and other wrongs committed by or against an airperson or passenger while in flight over this State shall be governed by the laws of this State; and the question whether damage occasioned by or to an aircraft while in flight over this State constitutes a tort, crime or other wrong by or against the owner of such aircraft, shall be determined by the laws of this State.
2 Del. C. § 1402 — Delaware Code / Title 2 / Chapter 14 / Section 1402
§ Â
        1402. Legislative findings and determinations.
Status: in_force

(a) The General Assembly hereby reaffirms all the findings made by the General Assembly in § 1302(a) of this title.

(b) The General Assembly further finds, that, in addition to the creation of the Delaware Transportation Authority and the grant of powers to the Authority by Chapter 13 of this title, there is a growing urgency to provide additional means to finance the maintenance and development of the integrated highway and air and water transportation system in the State for the economic benefits of the State and for the welfare and safety of the users of this transportation system.

(c) The General Assembly hereby determines that in order to provide additional means to finance this transportation system for the benefit of the State and the users of this transportation system, there shall be created a Transportation Trust Fund in the Authority and the Authority shall be granted the following powers, duties and functions relating to the management and disposition of receipts in the Transportation Trust Fund; and that the powers, duties and functions conferred on the Authority by this chapter constitute a valid public purpose and are necessary and proper for the purposes to be achieved by the Authority under this chapter; and that the expenditure of funds authorized by this chapter are for a valid public purpose and public use.
2 Del. C. § 310 — Delaware Code / Title 2 / Chapter 3 / Section 310
§ Â
        310. Hunting from aircraft; penalty.
Status: in_force

Whoever, being an airperson or passenger, while in flight within this State, intentionally kills or attempts to kill any birds or animals, shall be fined not more than $100 or imprisoned not more than 6 months, or both.
2 Del. C. § 2007 — Delaware Code / Title 2 / Chapter 20 / Section 2007
§ Â
        2007. Reimbursement for services rendered by department or other State agencies.
Status: in_force

(a) Police services. — Each project is deemed to be part of the State Transportation System. The Delaware State Police shall have primary jurisdiction over each project except with respect to all or any portion of a project located in a jurisdiction where primary law enforcement responsibility is delegated to another law enforcement agency by law or by applicable status of forces agreements or otherwise. Each law enforcement agency rendering services pursuant to the above shall receive reimbursement for such services in accordance with an agreement that the contracting party shall enter into with such agency.

(b) Maintenance services. — Agreements for maintenance services may be entered into under this chapter with the Department or other State agencies, provided that such agreements shall provide for full reimbursement for services rendered by the Department or such other agencies.

(c) Coordination of permits and licenses. — The Department shall, with the mandatory assistance of all applicable State agencies and departments, establish a unified permitting and licensing process in the Department for the processing and issuance of all necessary permits and licenses for projects under this chapter, including, but not limited to, all environmental permits, businesses and tax licenses and transportation permits. The Department shall seek the cooperation of federal and local agencies to expedite all necessary federal and local permits, licenses and approvals necessary for the projects, provided, however, that the agreements shall provide for full reimbursement for services rendered by the Department or other agencies.

(d) Other. — The Department may provide services for which it is reimbursed including, but not limited to, preliminary planning, environmental certification (including the procurement of all necessary environmental permits), and preliminary design of the projects.
2 Del. C. § 1318 — Delaware Code / Title 2 / Chapter 13 / Section 1318
§ Â
        1318. Certain contract with bondholders.
Status: in_force

The State hereby pledges to and agrees with the holders of bonds issued pursuant to this chapter that the State will not limit or restrict the rights granted to the Authority by this chapter to construct, reconstruct, improve, extend, alter, modernize, repair, operate and maintain any transportation facilities, or to establish and collect such charges, fares, fees, rates, rentals and tolls as may be convenient or necessary to produce sufficient revenue to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds authorized by this chapter or in any way impair the rights or remedies of the holders of such bonds until the principal of, premium, if any, and interest on such bonds are fully paid and discharged.
2 Del. C. § 1816 — Delaware Code / Title 2 / Chapter 18 / Section 1816
§ Â
        1816. Free passes and franks; transportation without fare.
Status: in_force

(a) This chapter shall in no wise be construed to prevent the issuance by any public carrier of free passes or franks to its employees, officers, agents and their families, and the interchange between public carriers of passes or franks for their employees, officers, agents and their families, nor to prevent the carrying without fare upon electric trackless trolley coaches, street railways or buses of policemen, firemen, health officers and park guards in uniform, or plain clothes detectives, sheriffs, deputy sheriffs and other public employees wearing official badges.

(b) Nothing in this title shall be construed to prohibit the carriage or handling of persons or property free or at reduced rates by railroads for the United States, state or municipal governments, or to or from fairs and expositions for exhibitions thereof; or the free carriage of destitute and homeless persons transported by charitable societies and the necessary agents employed in such transportation; or the issuance of mileage, excursion or commutation passenger tickets; nor to prohibit any such corporation from giving reduced passenger rates to ministers of religion solely engaged in ministerial duties or to the United States, state or municipal governments; nor to prohibit any such corporation from giving free carriage to their own officers and employees; nor to prohibit the principal officers of any such corporation from exchanging passes or tickets with other railroad corporations for their officers and employees; nor to prohibit any such corporation from giving reduced rates of transportation to other railroad corporations for railroad construction, material, equipment or supplies.
2 Del. C. § 1309 — Delaware Code / Title 2 / Chapter 13 / Section 1309
§ Â
        1309. Powers.
Status: in_force

The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, to be exercised through the written approval of the Secretary, including, but without limiting the generality of the foregoing, the power to:

(1) Adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) Prescribe rules, regulations and policies in connection with the performance of its functions and duties, and to provide penalties for the violation of such rules and regulations and to provide for the enforcement of state law in or on any transportation facility owned or operated by the Authority or a subsidiary;

(3) Adopt an official seal and to alter the same at pleasure;

(4) Sue in its own name;

(5) Acquire in the name of the Authority, without the approval of the Public Service Commission or any other public body, by purchase, lease, assignment, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, any land or interest therein or personal property for any transportation facility; however, no facility of the Greater Wilmington Airport, owned by New Castle County, the Sussex County Airport, owned by Sussex County, the Port of Wilmington, owned by the City of Wilmington, or any facility of the Wilmington Parking Authority may be acquired by the Authority unless specifically authorized to do so by an act of the General Assembly;

(6) Supervise or contract for the supervision of all engineering work for any transportation facility appointing such deputies as may be necessary to assist the Authority in such supervision;

(7) Employ consulting engineers, architects, attorneys in accordance with § 2507 of Title 29, real estate counselors, appraisers, accountants, construction and financial experts, superintendents, managers and such other consultants and employees or to enter into contracts with a person, upon such terms and conditions as the Secretary shall determine to be reasonable, to effect the purposes of this chapter including but not limited to payment or reimbursement for planning, designing, financing, constructing, reconstructing, improving, extending, altering, modernizing, repairing, operating and maintaining a transportation facility, to fix their compensation from funds available to the Authority, and to compromise any claims arising therefrom;

(8) Construct, reconstruct and maintain an administration office or offices or such other facilities at such places within the State as it may determine for the effective and efficient operation of the Authority;

(9) Construct, reconstruct, improve, extend, alter, modernize, repair, operate and maintain transportation facilities;

(10) Manage, operate, sell, lease, convey, enter into management contracts, grant options or exclusive licenses, or otherwise dispose of real and personal property acquired by the Authority, for such consideration and upon such terms as the Authority may determine to be reasonable;

(11) Provide for the removal of abandoned, wrecked or disabled motor vehicles and other objects from transportation facilities; provided that only such persons as the Authority may designate shall be permitted to enter any transportation facility owned or operated by the Authority for the purpose of such removal; or, to provide any assistance to any person for compensation;

(12) Fix and revise from time to time, and to charge and collect charges, fares, fees, rentals and tolls, for use of transportation facilities as the Authority may deem necessary, proper, desirable or reasonable and to apply such charges, fares, fees, rentals and tolls, and other revenues, to the cost of any transportation facility without regard to the source of such revenues to assist in financing an economical, efficient and unified system of air, water, vehicular, public and specialized transportation in the State subject to this chapter;

(13) Designate the locations and to establish, limit and control the points of ingress and egress from a turnpike as may be necessary or desirable in the judgment of the Authority to ensure the proper operation and maintenance of a turnpike, and to prohibit entrance to a turnpike from any point or points not so designated;

(14) Contract for and to receive and accept gifts, grants or loans of funds or property or financial or other aid from any person for the purposes of this chapter and to comply, subject to this chapter, with the terms and conditions thereof; and to make grants or loans to any person for any transportation purpose approved by the Authority;

(15) Issue bonds for the purposes of this chapter;

(16) Appoint and fix the salary of the administrator of any administration or subsidiary created pursuant to this chapter;

(17) Purchase, acquire and take assignments of notes, mortgages and other forms of security and evidences of indebtedness;

(18) Establish and maintain reserve and insurance funds with respect to any transportation facility;

(19) Invest any funds or money of the Authority pending the application of such funds or moneys to the purposes of this chapter;

(20) Procure insurance against any losses in connection with its property, operations or assets of any of its administrations or subsidiaries in such amounts and from such insurers as it deems desirable;

(21) Change the location of any portion of any public highway, or to vacate or relocate any highway affected by construction of transportation facilities, provided that the Authority reconstruct such relocated highway at such location as the Authority shall deem most favorable, of substantially the same type and in as good condition as the existing highway at the time the Authority changed the location of such highway, provided further that the cost of such reconstruction and any damage incurred in changing the location of any such highway shall be paid by the Authority;

(22) Construct, reconstruct, maintain or improve grade separations at intersections with public highways and to change and adjust the lines and grades of such highways so as to accommodate the same to the design of such grade separation, provided that the cost of such grade separations and any damage incurred in changing and adjusting the lines and grades of such highways shall be paid by the Authority;

(23) Enter upon any lands, waters and premises in the State for the purpose of making such surveys, soundings, drillings and examinations as the Authority may deem necessary or convenient for the purposes of this chapter, such entry not being deemed a trespass, nor shall an entry for such purposes be deemed entry under any condemnation proceedings which may be then pending; provided that the Authority shall make reimbursement for any actual damage resulting from such activities;

(24) Grant easements for the installation, construction, reconstruction, maintenance, repair, renewal, relocation and removal of tracks, pipes, pipelines, mains, conduits, cables, wires, towers, poles and other equipment and appliances to any person owning or operating such facilities in, on, along, over or under any transportation facility provided that if the Authority shall determine that it is necessary that any such facilities which now are, or after July 12, 1979, may be located in, on, along, over or under any transportation facility should be relocated or should be removed from such transportation facility, the person owning or operating such facilities shall relocate or remove the same in accordance with the order of the Authority; provided further that the person owning or operating the same, its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations; provided, however, that the cost of removal or relocation of such facilities, or of installing such facilities in a new location, and the cost of any lands, or any rights or interests in lands, and any other rights acquired to accomplish such relocation, removal or installation, shall be paid by the Authority;

(25) Take by eminent domain such land abutting a transportation facility, subject to this chapter, as the Authority may deem necessary or desirable for the purpose of removing or relocating all or any part of the facilities of a public utility and may thereafter lease the same or convey an easement or any other interest therein to such person upon such terms as the Authority, in its sole discretion, may determine; provided that the relocation of such facilities of any public utility, in accordance herewith, shall be valid subject to the filing of the plans thereof, as may be required by law, with the Public Service Commission, and no other general laws or other special laws or parts thereof shall be applicable to such relocation;

(26) Place and maintain, or to grant permission by easement or otherwise to any person to place and maintain, on or under or within a transportation facility ducts, pipes, pipelines, wires or other structures or fixtures, to be so located as not to interfere with the safe and convenient operation and maintenance of such transportation facility, and may contract with any such person for such permission on such terms and conditions as may be fixed by the Authority; provided that the construction, reconstruction, maintenance, improvement and repairs of such ducts, pipes, pipelines, wires or other structures or fixtures shall be subject to such directions and regulations as the Authority may impose;

(27) Create or abolish subsidiaries, as provided in this chapter;

(28) Delegate to the Delaware Transit Corporation the rights and responsibilities to:

a. Develop plans and programs:

1. To foster efficient and economical public transportation; and

2. To serve citizens requiring specialized transportation.

b. Fix from time to time, without approval of the Public Service Commission or any other agency or political subdivision of the State, schedules, routes, rates or fares, and charges for use of public transportation services furnished or operated by the Delaware Transit Corporation (“Corporation”) pursuant to this chapter, subject to the following provisions:

1. The Corporation will provide an opportunity for a public hearing or public meeting whenever it proposes either to increase the basic fare structure or a major reduction in service (defined herein as affecting 15 percent or more of the ridership within the county for which the reduction is proposed, or at least 15 percent of the service miles currently operating in the affected county, or at least 25 percent of the revenue service trips of any 1 route). The Corporation shall publish a legal notice in 2 newspapers of general circulation announcing the opportunity for a public hearing or public meeting at least 20 days prior to any such proposed public hearing or meeting, as well as post on-board passenger notices of the proposed changes, directing those interested to the location where the details of the proposals can be reviewed. A verbatim transcript will be made of all comments made for the record at any such public hearing or meeting. The Corporation must first review this transcript and all other received comments before it makes a final decision whether to approve such proposals, make an adjustment in such proposals to respond to received public comments, or reject such proposals.

2. For other changes not subject to sub-subparagraph 1 of this subparagraph, including, by way of example and not by way of limitation, adjustments to running times to reflect current travel times, decreases in fares or additions to service, at least 2 weeks prior to the implementation date the Corporation shall publish statewide a legal notice in at least 1 newspaper of general circulation, as well as post on-board passenger notices of, the proposed changes on all normally scheduled bus service, directing those interested to the location where the details of the proposals can be reviewed and where comments concerning the change can be sent.

3. No public comment period shall be required when making a change in service to avoid hazardous or potentially hazardous conditions that may exist along a route or to initiate a temporary service or customer benefit for a defined period or for a service that is designed to change its routing and pickup times with fluctuating demands; provided that the rate of fare or charge for individuals 65 years of age or older shall be not more than 40 percent of the regular fare charged per zone.

4. No less than twice per year, the Corporation will publish all route, schedule and fare information for public transit routes operated by the Corporation for use and review by the public and third parties in generally accepted open data formats. For the purposes of this paragraph, “publish” shall mean to make available for anonymous download on a publicly maintained website of the Corporation, and “open data format” shall mean machine-readable data formats adhering to a generally accepted specification commonly used by transit agencies to publish schedule, route and fare information for third-party use. Such route information shall be available for download by members of the public and third parties at no charge.

c. Provide specialized transportation services to those persons contracting for such services by pooling and coordinating the resources of public transportation including the Delaware Transit Corporation’s facilities and private services including taxicabs and other privately owned transportation services; provided, that no reduction in service area, span of service hours, increase in basic fares or changes in rules (not mandated by federal regulations) on eligibility that would reduce the ability of those that qualify as being disabled by reason of physical or mental infirmity from utilizing available specialized transportation (except in cases where the individual engages in violent, seriously disruptive or illegal conduct) shall be implemented by the Corporation without first providing an opportunity for a public hearing or public meeting; further provided that all such public hearings or public meetings shall be preceded by the Corporation publishing a legal notice in 2 newspapers of general circulation announcing the opportunity for a public hearing or public meeting at least 20 days prior to such proposed public hearing or meeting, as well as posting on-board passenger notices of the proposed changes, directing those interested to the location where all details of the proposal can be reviewed; and further provided that a verbatim transcript shall be made of all comments made for the record at any such public hearings or meetings and that the transcript and all other received comments shall be reviewed by the Corporation prior to making a final decision on whether to approve such proposals, make an adjustment in such proposals that respond to received public comments, or reject such proposals;

d. Provide service without charge to all blind citizens of the State on any public transportation facility operated by the Delaware Transit Corporation, provided that an identification card issued by the Division for the Visually Impaired shall be sufficient evidence of the qualification of the patron for such free transportation, and provided further that no such service without charge as provided herein shall be offered by the Delaware Transit Corporation beyond the amount of funds specifically appropriated for such purpose by the General Assembly;

e. Provide for the use of contractual advertising on the downstream and back panels of Delaware Transit Corporation’s transit shelters to offset the cost of providing these facilities, except that no such advertising shall be permitted in the following locations:

1. Within a residential subdivision, except at its entrance;

2. Within 50 feet of a residence;

3. Within 100 feet of any property designated as a historic resource under federal, state, or local law; or

4. Within 150 feet of areas experiencing continually high incident rates of drug offenses or crimes against persons, measured on a calendar-year basis, as designated by the State Bureau of Identification or the applicable local police agency.

(29) Perform such other acts and duties as are necessary or convenient to carry out the powers expressly granted in this chapter.
2 Del. C. § 191 — Delaware Code / Title 2 / Chapter 1 / Subchapter V / Section 191
§ Â
        191. Insurance notice.
Status: in_force

All contracts for flight instruction and/or the rental or leasing of aircraft in the State shall contain a written statement notifying the student, renter, lessee or bailee of the extent of insurance coverage applicable to the lessor and lessee. The student, renter, lessee or bailee shall sign such statement to signify that he/she is aware of the extent of such insurance coverage.
2 Del. C. § 1904 — Delaware Code / Title 2 / Chapter 19 / Section 1904
§ Â
        1904. Agent and registration requirements.
Status: in_force

(a) The TNC must maintain an agent for service of process in the State.

(b) The TNC must file with the Delaware Secretary of State articles of incorporation or foreign articles of incorporation and must meet all applicable business licensure requirements under the Delaware Code and Delaware Division of Revenue’s regulations.
2 Del. C. § 136 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 136
§ Â
        136. Technical services to public use airports and political subdivisions.
Status: in_force

The Department may, insofar as is reasonably possible, offer its technical services and advice to any political subdivision or public use airport desiring those services in connection with the actual or proposed construction, maintenance or operation of an airport.
2 Del. C. § 2005 — Delaware Code / Title 2 / Chapter 20 / Section 2005
§ Â
        2005. Exercise of Departmentâs powers.
Status: in_force

For purposes of facilitating these projects and to assist the contracting parties in the financing, development, construction leasing, maintenance and operation of such projects, the agreements may include provisions for the Department to exercise any powers conferred upon it by law, including but not limited to the lease of rights of way and airspace, granting of necessary easements and rights of access, power of eminent domain, granting of development rights and opportunities, issuance of permits or other authorizations, protection from competition, remedies in the event of default of either of the parties, granting of contractual and real property rights, liability during construction and the term of the lease, and the authority to negotiate acquisition of rights of way in excess of appraised value. Amounts paid by a contracting party for any right-of-way in excess of the appraised value thereof may be considered a contribution to the project only to the same extent that such excess amounts could be paid by the Department to acquire the right-of-way under applicable law.
2 Del. C. § 1303 — Delaware Code / Title 2 / Chapter 13 / Section 1303
§ Â
        1303. Definitions.
Status: repealed

(a) “Delaware Transit Corporation” means a corporation created pursuant to this chapter which is the parent corporation of subsidiaries created pursuant to this chapter the purpose of which is to provide public transit services.

(b) “Airport facility” means an air transportation facility, including but not limited to terminal improvements, air cargo facilities, airfield improvements and general aviation facilities, and necessary or incidental site improvements, utilities, roads, parking lots, land or rights in land, machinery, equipment, apparatus and appurtenances for use in handling air carrier service and general aviation activities.

(c) “Authority” means the Delaware Transportation Authority and its successors.

(d) “Bond” means bonds, notes or other obligations issued by the Authority pursuant to this chapter.

(e) “Cost” means the cost of constructing, reconstructing, improving, extending, altering, modernizing, repairing, operating and maintaining a transportation facility, including but not limited to the costs of acquisition of land and rights in land, demolition of structures on such land, machinery, equipment, furnishings and apparatus, financing charges including interest on borrowed money for a transportation facility for a period ending 1 year after commencement of operations of such transportation facility, the funding of reserves, estimates, plans, reports, specifications and studies, legal, financial, architectural, consulting, engineering, administrative and other expenses deemed necessary or incident to the construction, reconstruction, improvement, extension, alteration, modernization, repair, operation or maintenance of a transportation facility by the Authority.

(f) “Council” means the Council on Transportation reestablished by this chapter.

(g) “Delaware Turnpike” means the toll express highway designated Delaware Interstate 95 extending from a point in the vicinity of Farnhurst, Delaware, to a point at or near the boundary line between the State and the State of Maryland.

(h) “Department” means the Department of Transportation and its successors.

(i) “Director” means the Director of the Delaware Transit Corporation.

(j) “Division of Highway Operations” means the Division of the Department created by 57 Del. Laws, c. 514, § 1 (§ 8406 of Title 29, as amended).

(k) “General Assembly” means the Senate and the House of Representatives of the State.

(l) “Operating expenses” means the reasonable and necessary current expenses of operating, repairing and maintaining transportation facilities, including administrative expenses incurred in maintenance and operation of the Delaware Turnpike, but not the administrative expenses of the Authority.

(m) “Person” means any person, including individuals, firms, partnerships, associations, societies, trusts, public or private corporations, not for profit corporations or other legal entities, including public or governmental bodies as well as natural persons and subsidiaries created pursuant to this chapter.

(n) “Port facility” means any water port, including but not limited to piers, docks, wharves, warehouses, sheds, elevators, compressors, refrigeration and other storage structures, terminals, land or rights in land and site improvements used or to be used in the handling, storage, loading and unloading of freight, the embarking and disembarking of passengers, or both, at a water port.

(o) “Public transportation facility” means a bus, rail or other facility, owned or operated by the Delaware Transit Corporation, which provides general service to the public on a regular and continuing basis.

(p) “Revenues” means charges, fares, fees, gifts, receipts, rentals, tolls or other payments or moneys derived from or with respect to the operation, lease, sale or other disposition of transportation facilities by the Authority, including, but not limited to, proceeds from insurance covering transportation facilities, investment income from revenues, the proceeds of bonds and investment income therefrom, gifts, grants or appropriations from any person, and including motor fuel taxes and annual motor carrier registration fees imposed pursuant to § 5211(a) of Title 30, as amended, pledged and assigned by this chapter.

(q) “Secretary” means the Secretary of the Department of Transportation.

(r) “Specialized transportation facility” means a transportation facility designed or intended to be utilized by persons who are disabled by reason of physical or mental infirmity or age.

(s) “State” means the State of Delaware.

(t) “Subsidiary” means a corporation created by the Authority pursuant to this chapter.

(u) “Transportation facility” means any facility used in connection with the performance of a transportation service, including but not limited to an airport facility, turnpike, port facility, road, highway, bridge, tunnel, subway or parking facility, and all equipment, machinery, fixtures, buildings and structures, land or rights in land incidental to or required in connection with the performance of transportation services.

(v) “Turnpike” means any express toll road, or part or parts thereof, including but not limited to land and rights in land, bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, exits, approaches, service stations, restaurants, administration, lodging, storage and other buildings and facilities which the Authority may deem necessary or appropriate for the construction, reconstruction, improvement, extension, alteration, modernization, repair, operation and maintenance of a turnpike.

(w) [Repealed.]
2 Del. C. § 921 — Delaware Code / Title 2 / Chapter 9 / Subchapter II / Section 921
§ Â
        921. Exemption of airport property and income from taxation.
Status: in_force

Any property acquired by a political subdivision pursuant to this chapter shall be exempt from taxation to the same extent as other property used for public purposes. All income received in connection with the operation by a political subdivision of any airport or other air navigation facility shall also be exempt from taxation.
2 Del. C. § 1322 — Delaware Code / Title 2 / Chapter 13 / Section 1322
§ Â
        1322. Conveyance to Authority.
Status: in_force

Any political subdivision, agency, department or commission of the State, notwithstanding any contrary provision of law, may lease, grant or convey to the Authority any real property or rights in real property, including but not limited to public roads and other real property already devoted to public use, at the written request of the Authority, upon such terms and conditions as such political subdivision, agency, department or commission may deem reasonable and fair, without the necessity for any advertisement, court order or other action other than the adoption of a resolution of such agency, department or commission, or, in the case of a political subdivision, the adoption of an ordinance or resolution.

Notwithstanding the foregoing, no facilities of the Port of Wilmington, the Sussex County Airport, the Greater Wilmington Airport or the Wilmington Parking Authority may be leased, granted or conveyed to the Authority unless specifically authorized by an act of the General Assembly.
2 Del. C. § 1804 — Delaware Code / Title 2 / Chapter 18 / Section 1804
§ Â
        1804. Railroad crossings; construction and protection.
Status: in_force

(a) No public carrier engaged in the transportation of passengers or property shall, without prior order of the Department, construct its facilities across the facilities of any other such public utility or across any public highway at grade or above or below grade, or at the same or different levels; and, without like order, no such crossing heretofore or hereafter constructed shall be altered, relocated or abolished.

(b) The Department is hereby vested with exclusive power to determine and prescribe, by regulation or order, the points at which, and the manner in which, such crossing may be constructed, altered, relocated or abolished, and the manner and conditions, including protective devices, in or under which such crossings shall be maintained, operated and protected to effectuate the prevention of accidents and the promotion of the safety of the public.

(c) Upon its own motion or upon complaint, the Department shall have exclusive power after hearing upon notices to all parties in interest, including the owners of adjacent property, to order any such crossing heretofore or hereafter constructed to be relocated or altered, or to be abolished upon such reasonable terms and conditions as shall be prescribed by the Department. The Department may order the work of construction, relocation, alteration, protection or abolition of any crossing aforesaid to be performed in whole or in part by any public carrier or municipal corporation or county concerned or by the Department, or, in the case of any crossing on private land, by the owner thereof; provided, however, that when the Department or other governmental authority maintaining any public highway determines to use federal aid moneys in the construction, relocation, alteration, protection or abolition of any crossing aforesaid, then the Department shall take this into account in allocating costs.

(d) The term “public highway” as used in this section means any road, lane or street maintained by the State or any municipal corporation or county for use by the travelling public, that abuts any railroad track or immediately abuts the right-of-way thereof.
2 Del. C. § 1805 — Delaware Code / Title 2 / Chapter 18 / Section 1805
§ Â
        1805. Right-of-way defined.
Status: in_force

As used in §§ 1803 to 1806 of this title, “right-of-way” means that roadbed of a line of railroad, not exceeding 100 feet in width, as measured horizontally at the elevation of the base of the rail, including the far embankment or excavated area, with slopes, slope ditches, retaining walls or foundations necessary to provide a width not to exceed 100 feet at the base of rail, including tracks, appurtenances, ballast and any structures or building erected thereon.
2 Del. C. § 1410 — Delaware Code / Title 2 / Chapter 14 / Section 1410
§ Â
        1410. Bonds as legal investments.
Status: in_force

The State and all public officers, governmental units and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries, may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds issued pursuant to this chapter, and the bonds shall be authorized security for any and all public deposits.
2 Del. C. § 146 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 146
§ Â
        146. Receipt of federal moneys for airports.
Status: in_force

The Department may accept, receive, and receipt for federal moneys and other moneys, either public or private, for and in behalf of this State, or any political subdivision, for the acquisition, construction, improvement, maintenance, and operation of airports and other air navigation facilities, whether such work is to be done by the State or by such political subdivisions, or jointly, aided by grants of aid from the United States, upon terms and conditions prescribed by the laws of the United States and any rules or regulations made thereunder. The Department may act as agent of any political subdivision upon the request of such political subdivision, in accepting, receiving, and receipting for such moneys in its behalf for airports or other air navigation facility purposes, and in contracting for the acquisition, construction, improvement, maintenance, or operation of airports or other air navigation facilities, financed either in whole or in part by federal moneys. The governing body of any such political subdivision may designate the Department as its agent for such purposes and enter into an agreement with it prescribing the terms and conditions of such agency in accordance with federal laws, rules, and regulations and with this chapter. All moneys so paid over by the United States government shall be retained by the State or paid over to the political subdivision under terms and conditions imposed by the United States government in making such grants.
2 Del. C. § 601 — Delaware Code / Title 2 / Chapter 6 / Section 601
§ Â
        601. Jurisdiction.
Status: in_force

The Department may enforce this chapter by the filing of a complaint in a court of appropriate jurisdiction, including a complaint for injunctive relief.
2 Del. C. § 1908 — Delaware Code / Title 2 / Chapter 19 / Section 1908
§ Â
        1908. Financial responsibility of transportation network companies.
Status: in_force

On or before August 10, 2016, and thereafter, a transportation network company driver or transportation network company on the TNC driver’s behalf shall maintain primary automobile insurance that:

(1) Recognizes that the TNC driver is a transportation network company driver or otherwise uses a vehicle to transport passengers for compensation and covers the TNC driver in both of the following 2 circumstances:

a. While the TNC driver is logged on to the transportation network company’s digital network; and

b. While the TNC driver is engaged in a prearranged ride.

(2) The following automobile insurance requirements shall apply while a participating transportation network company driver is logged on to the transportation network company’s digital network and is available to receive transportation requests but is not engaged in a prearranged ride:

a. Primary automobile liability insurance in the amount of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage; and

b. Personal injury protection benefits that meet the minimum coverage amounts where required by § 2118 of Title 21;

c. Uninsured and underinsured motorist insurance in the minimum amount of $100,000 per incident.

d. The coverage requirements of this paragraph (2) may be satisfied by any of the following:

1. Automobile insurance maintained by the transportation network company driver.

2. Automobile insurance maintained by the transportation network company.

3. Any combination of paragraphs (2)d.1. and (2)d.2. of this section.

(3) The following automobile insurance requirements shall apply while a transportation network company driver is engaged in a prearranged ride:

a. Primary automobile liability insurance that provides at least $1,000,000 for death, bodily injury and property damage;

b. Minimum coverage amounts where required by § 2118 of Title 21 and § 3902 of Title 18.

c. Uninsured and underinsured motorist insurance in the minimum amount of $1,000,000 per incident.

d. The coverage requirements of this paragraph (3) may be satisfied by any of the following:

1. Automobile insurance maintained by the transportation network company driver.

2. Automobile insurance maintained by the transportation network company.

3. Any combination of paragraphs (3)d.1. and (3)d.2. of this section.

(4) If insurance maintained by TNC driver in paragraph (2) or (3) of this section has lapsed or does not provide the required coverage, insurance maintained by a transportation network company shall provide the coverage required by paragraph (3) of this section beginning with the first dollar of a claim and have the duty to defend such claim.

(5) Coverage under an automobile insurance policy maintained by the transportation network company shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.

(6) Insurance required by this section may be placed with an insurer licensed under Delaware law or with a surplus lines insurer eligible under § 1912 of Title 18 that has a credit rating of no less than “A-” from A.M. Best or “A” from Demotech or similar rating from another rating agency recognized by the Department of Insurance.

(7) Insurance satisfying the requirements of this section shall be deemed to satisfy the financial responsibility requirements of Chapter 29 of Title 21.

(8) A transportation network company driver shall carry digital or physical proof of coverage satisfying paragraphs (2) and (3) of this section with the transportation network company driver at all times during the use of a vehicle in connection with a transportation network company’s digital network. In the event of an accident, a transportation network company driver shall provide this insurance coverage information to the directly interested parties, automobile insurers and investigating police officers, upon request. Upon such request, a transportation network company driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers, whether the transportation network company driver was logged on to the transportation network company’s digital network or on a prearranged ride at the time of an accident.

(9) As part of the permit application under § 1903 of this title, a TNC shall file with the Division certificates of insurance showing that it maintains insurance that meets the requirements of paragraph (4) of this section.
2 Del. C. § 1409 — Delaware Code / Title 2 / Chapter 14 / Section 1409
§ Â
        1409. No alteration of rights.
Status: repealed

The State does hereby pledge to and covenant and agree with the holders of any bonds issued or incurred pursuant to the authorization of this chapter that the State will not limit or alter the rights or powers hereby vested in the Authority in any way that would jeopardize the interest of the holders or inhibit or prevent performance or fulfillment by the Authority of the terms of any agreement made with the holders of the bonds or prevent the Authority from obtaining sufficient revenues which, together with other available funds, shall be sufficient to meet all expenses of the Authority and fulfill the terms of any agreement made with the holders of the bonds together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders, or from receiving payment of funds as provided in any agreement, until the bonds together with interest and premium, if any, thereon, are fully met and discharged or provided for. The failure of the State to appropriate moneys for any purpose of this chapter shall not be deemed or construed to be a violation of this section. However, the laws authorizing the imposition of taxes or fees, the pledge of those taxes and fees to the Authority and the transfer of those taxes and fees to the Authority shall not be repealed and those taxes and fees shall not be reduced or adversely altered until bonds secured by such taxes or fees are paid or provisions for their payment is made. The State shall have no obligation to increase such taxes or fees to meet payments of principal, premium, if any, or interest on any bonds. Neither the use of the Authority’s assets for the purposes of this chapter nor the existence of the Authority shall be terminated for any reason prior to the time the principal of, premium, if any, and interest on any bonds of the Authority have been paid or adequate provision for their payment has been made notwithstanding any provision to the contrary if any, in Chapter 102 of Title 29.
2 Del. C. § 1801 — Delaware Code / Title 2 / Chapter 18 / Section 1801
§ Â
        1801. Definitions.
Status: repealed

As used in this chapter:

(1) “Department” means the Delaware Department of Transportation.

(2) “Secretary” means the Secretary of the Department of Transportation.

(3) “Authority” shall mean the Transportation Authority.

(4) [Repealed.]

(5) “Public carrier” includes every individual, partnership, association, corporation, joint stock company, agency or department of this State, or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a “cooperative”), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate, within this State, any railroad, street railway, traction railway, taxicab, limousine, motor bus or electric trackless trolley coach service, system, plan or equipment for public use other than transportation authorities created pursuant to Chapter 13 of this title.

(6) “Railroad” means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power.

(7) “Limousine service” means the providing of transportation of passengers for hire with a driver by a limousine as defined in subdivision (13) of this section where at least 1 of the 2 termini is fixed.

(8) “Intrastate public carrier business” means all that portion of the business of a public carrier which is carried on in this State and over which the Department has jurisdiction under this chapter.

(9) “Gross revenue” means all revenue which (i) is collected by a public carrier subject to regulation by the Department; and (ii) is derived from the intrastate public carrier business of such a carrier, except, however, that “gross revenue” of a public carrier operating by leasing all or part of its vehicles to nonemployee independent contractor drivers as authorized under this chapter shall mean as to such leased vehicles all revenue which (i) is collected from the nonemployee independent contractor lessees operating vehicles under such public carrier’s certificate of public convenience and necessity; and (ii) is derived from the intrastate public carrier business of such a carrier.

(10) “Charter bus” means a motor vehicle having a passenger capacity of 16 persons or more, including the driver, which bus is used exclusively for hire or lease.

(11) “Public use” means service provided in exchange for a fee or charge, regardless of whether the operator intends to make a profit, offered by any railroad, street railway, traction railway, taxicab, motor bus, electric trolley coach or limousine service, system or plant by any individual or group for any purpose except: (i) transportation to and from any school or school-sponsored event when such transportation is under the regulation of the Department of Education; and (ii) transportation to and from nonschool related events by school bus operators under the regulation of the Department of Education, where such nonschool related transportation is a de minimis portion of the carrier’s operation; and (iii) transportation to and from a church, synagogue or other place of worship; and (iv) shuttle-type transportation provided by business establishments without charge to customers of the businesses offering such shuttle transportation between fixed termini.

(12) “Taxicab” means any self-propelled motor vehicle equipped with a taxi meter having a passenger capacity of up to 7 persons, including the driver, engaged in the transportation for hire of persons and their accompanying property, or of small packages on isolated occasions and not as part of regular operations, over irregular routes between termini which are not fixed; provided, however, that the utilization of taxicab stands or holding points shall not constitute fixed termini, and excluding, however, carpools, vanpools and public agency vehicles not operated as a commercial venture, and ambulances, vehicles used exclusively for the transportation of decedents and persons participating in funeral services, vehicles used solely to provide free transportation services for customers of the business establishment operating said vehicles, and rental or leased vehicles which rental or lease does not include a driver; provided, however, that no motor vehicle excluded under this definition shall be used on a for-hire basis with a driver except as authorized by this chapter.

(13) “Limousine” is a self-propelled motor vehicle having a passenger capacity of 15 persons or less, including the driver, engaged in the transportation for hire of persons and their accompanying property over regular or irregular routes between 2 termini at least 1 of which is fixed and which motor vehicle is not equipped with a taxi meter as a means of computing the rate, fare or compensation to be charged for such transportation, but excluding, however, carpools, vanpools and public agency vehicles not operated as a commercial venture, and ambulances, vehicles used exclusively for the transportation of decedents and persons participating in funeral services, vehicles used solely to provide free transportation services for customers of the business establishment operating said vehicles and rental or leased vehicles which rental or lease does not include a driver; provided, however, that no motor vehicle excluded under this definition shall be used on a for-hire basis with a driver except as authorized by this chapter.

(14) “Council” means the Council on Transportation.

(15) “Fixed-route carrier” means a transportation provider which uses a self-propelled vehicle having a passenger capacity exclusive of the driver of 10 persons or more and which transports persons and their property over regular routes between termini that are fixed and cannot be altered without the advance, written approval of the Authority.

(16) “Stretcher van” means a vehicle staffed by both a driver and attendant, which is specifically designed and equipped to provide nonemergency transportation of individuals on a stretcher. A stretcher van is used for an individual who:

a. Needs routine transportation to or from a nonemergency medical appointment or service;

b. Is convalescent or otherwise nonambulatory and cannot use a wheelchair; and

c. Does not require medical monitoring, medical aid, medical care, or medical treatment during transport.
2 Del. C. § 1907 — Delaware Code / Title 2 / Chapter 19 / Section 1907
§ Â
        1907. Electronic receipt.
Status: in_force

Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the rider on behalf of the TNC driver that lists:

(1) The origin and destination of the trip;

(2) The total time and distance of the trip; and

(3) An itemization of the total fare paid, if any.
2 Del. C. § 1323 — Delaware Code / Title 2 / Chapter 13 / Section 1323
§ Â
        1323. Audit of books and accounts.
Status: in_force

The office of Auditor of Accounts shall cause an annual audit of the books and accounts of the Authority. The selection of a firm to perform the annual audit of the books and accounts of the Authority shall be mutually agreed upon by the office of the Auditor of Accounts and the Secretary who shall consult and cooperate with each other in the selection, contract, employment and scope of professional services to be rendered, provisions in Chapter 29 of Title 29 notwithstanding. The audit shall be performed by an independent firm of certified public accountants of recognized ability and standing and shall conform in all respects to the covenants contained in all trust agreements entered into by the Authority for the benefit of its bondholders. The Authority shall transfer funds, as requested by the office of Auditor of Accounts, to cover the cost of the audit.
2 Del. C. § 1329 — Delaware Code / Title 2 / Chapter 13 / Section 1329
§ Â
        1329. Liability of Authority.
Status: in_force

(a) Any operation, service or program provided by the Delaware Transportation Authority or under its auspices not covered by a general liability policy, self-insurance or other insurance policy as shall be legally established and funded by said Authority shall be covered and protected by the doctrine of sovereign immunity of the State which shall be applicable not only to the Authority but to each of its agencies, administrations, subsidiaries and each of their respective officers and employees; which immunity shall apply to and against any lawsuit or liability arising from any such operation, service or program, except as specifically excepted under this section. No legal or equitable action seeking damages as a result of any operation, service or program described in the preceding sentence shall be permitted or damages recovered except as such activity is and shall be covered by an insurance program procured in accordance with law and for which adequate funding is available. In the event that insurance has been provided, such claim, including any award for damages or costs assessed against the Authority, its administrations, subsidiaries, officers or employees either individually or on behalf of their employer shall not exceed the amount of said insurance covering the risk or loss or the amount of $1,000,000 whichever amount shall be the lesser for any and all claims arising out of a single occurrence.

(b) For fiscal years beginning July 1, 1997, and thereafter, the annual budget of the Delaware Transit Corporation shall include funding for an insurance program as described in subsection (a) of this section. This insurance program may be provided by either (1) a combination of self-insurance and commercially procured insurance, or (2) entirely commercially procured insurance. The monetary limits of § 1329(a) of this title shall apply to passenger rail carrier operations authorized under § 1332 of this title. For all other operations of the Delaware Transit Corporation, the monetary limits of § 1329(a) of this title shall not apply, and the Corporation shall instead be liable for the amount of its insurance covering the risk or loss; provided, however, that the insurance program shall provide a minimum coverage of $1,000,000 for any and all claims arising out of a single occurrence and $1,000,000 for uninsured and underinsured insurance for any and all claims arising out of single occurrence.
2 Del. C. § 1330 — Delaware Code / Title 2 / Chapter 13 / Section 1330
§ Â
        1330. Limitation of actions to recover payments erroneously or illegally collected by the Authority.
Status: in_force

No action or claim that is otherwise permitted against the State or an agency or authority of the State to recover any charges, fares, fees, rentals or tolls or other payments erroneously or illegally collected by or paid to the Authority may be commenced or otherwise asserted after expiration of 1 year from the earlier of:

(1) The date of the payment; or

(2) The date the payment was required to be made.
2 Del. C. § 933 — Delaware Code / Title 2 / Chapter 9 / Subchapter III / Section 933
§ Â
        933. Contracts; law governing.
Status: in_force

(a) All contracts for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of airports or other air navigation facilities, made by the political subdivision itself or through the agency of the Department of Transportation, shall be made pursuant to the laws of this State governing the making of like contracts.

(b) Where the acquisition, construction, improvement, enlargement, maintenance, equipment or operation is financed wholly or partly with federal moneys, the political subdivision, or the Department of Transportation as its agent, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.
2 Del. C. § 1919 — Delaware Code / Title 2 / Chapter 19 / Section 1919
§ Â
        1919. Audits and inspection of records.
Status: in_force

(a) In response to a specific complaint, the Division or its employees or duly authorized agents may inspect those records held by a TNC that are specifically necessary for the investigation and resolution of the complaint.

(b) No more than quarterly, the Division may request that a TNC transmit to the Division records and information that the TNC is required to maintain under § 1918 of this title for up to 50 TNC drivers; provided that, the TNC shall undertake best efforts not to share records and information about the same TNC driver during consecutive reporting periods; and further provided that, the Division shall not retain criminal background check reports. Within 10 business days of receiving a request, the TNC shall transmit the records to the Division via a secure delivery method, which may include use of encryption security or hand delivery. If, after this initial review, the Division has a reasonable basis to conclude that the TNC is not in compliance with this chapter, the Division may, upon reasonable notice, conduct a supplemental audit of records and information for an additional selection of TNC drivers at a mutually agreed location.

(c) Any records or information that a TNC discloses to the Division pursuant to this section shall be exempt from disclosure under the Delaware Freedom of Information Act, § 10001 et seq. of Title 29.

(d) The Division shall destroy any records it receives from a TNC pursuant to this section within 180 days of receiving such records unless required by law to retain the records for a longer period or the record relates to a TNC driver who the Division has a reasonable basis to believe is not properly authorized to operate in Delaware.
2 Del. C. § 148 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 148
§ Â
        148. Contracts for air navigation facilities.
Status: in_force

All contracts for the acquisition, construction, improvement, maintenance, and operation of airports, or other air navigation facilities made by the Department, either as the agent of this State or as the agent of any political subdivision, shall be made under the laws of this State governing the making of like contracts. Where the acquisition, construction, improvement, maintenance, and operation of any airport, landing strip, or other air navigation facility is financed wholly or partially with federal moneys, the Department, as agent of the State or of any municipality thereof, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.
2 Del. C. § 941 — Delaware Code / Title 2 / Chapter 9 / Subchapter IV / Section 941
§ Â
        941. Definitions.
Status: in_force

For purposes of this subchapter, unless another intention appears or the context otherwise requires:

(1) “Governing body” of a political subdivision means, as to the State, the Department of Transportation.

(2) “This State” is included in “political subdivision.”
2 Del. C. § 139 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 139
§ Â
        139. Enforcement of aeronautics laws.
Status: in_force

The Department, its members and employees, the Secretary of Transportation, and every state, county and municipal officer charged with the enforcement of state and municipal laws shall enforce and assist in the enforcement of this chapter and of all rules and regulations issued under this chapter, and of all other laws of this State relating to aeronautics, and, in the aid of such enforcement, general police powers are conferred upon the Department, each of its members, the Secretary of Transportation, and such of the officers and employees of the Department designated by it to exercise such powers. Further, the Department may, in the name of this State, enforce this chapter and the rules and regulations issued under this chapter by injunction in the courts of this State. Political subdivisions may cooperate with the Department in the development of aeronautics and aeronautics facilities in this State. The Department may use the facilities and services of other agencies of the State to the utmost extent possible, and such agencies shall make available such facilities and services.
2 Del. C. § 1803 — Delaware Code / Title 2 / Chapter 18 / Section 1803
§ Â
        1803. Railroad rights-of-way; acquisition by Department; notice of abandonment.
Status: in_force

In order to permit the state Department to receive notice of, and be afforded an opportunity to acquire, by purchase or condemnation, railroad rights-of-way proposed to be abandoned, sold or leased, it shall be unlawful for any present railroad right-of-way in the State to be abandoned, sold or leased without first serving notice thereof upon the Secretary of the Department, and no sale, conveyance or lease of any part of such right-of-way shall thereafter be made to any person other than the State for a period of 90 days, from the time such notice was served, unless prior thereto the Secretary of the Department shall have filed with the server of the notice a written disclaimer of interest in acquiring all or any part of said right-of-way. The Department shall have the first and primary right to acquire such abandoned right-of-way. The railroad company shall not be entitled to compensation for said right-of-way if it does not possess a fee simple interest (clear title). The State, through the Department, is hereby empowered to purchase, take by gift or devise, or condemn any identifiable interest, reversionary or otherwise, in said abandoned right-of-way. Any sale or conveyance made in violation of this section shall be void.
2 Del. C. § 1920 — Delaware Code / Title 2 / Chapter 19 / Section 1920
§ Â
        1920. Compliance with state law and defensive driving course.
Status: in_force

A TNC must advise TNC drivers that they are responsible for complying with all applicable laws, including the State’s hands-free cell phone law. A TNC must provide to each TNC driver domiciled in the state information about a defensive driving course approved by the Division.
2 Del. C. § 1808 — Delaware Code / Title 2 / Chapter 18 / Section 1808
§ Â
        1808. Regulation of ticket agents; penalties for violations.
Status: in_force

(a) Each agent who is authorized to sell tickets or other evidence entitling the holder to travel on any railroad, steamboat or public conveyance shall be provided with a certificate setting forth such agent’s authority to make such sales, duly attested by the seal of the owner or persons operating such railroad, steamboat or public conveyance, and also by the signature of the officer whose name is signed upon the tickets or coupons which such agent may sell. Such agent shall exhibit to any person desiring to purchase the ticket, or to any officer of the law who may request of the agent the certificate of such agent’s authority thus to sell, and shall keep the certificate conspicuously posted in such agent’s office for the information of travelers. No person not possessed of such authority shall sell or transfer any coupon or part of any ticket, or other evidence of the holder’s title to travel on any railroad, steamboat or other public conveyance, whether the same is situated, operated or owned within or without this State.

(b) Whoever sells, barters or transfers any such coupon or part of any ticket, or evidence, in violation of this section shall be fined not more than $500, or imprisoned not more than 1 year, or both.
2 Del. C. § 131 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 131
§ Â
        131. General powers and duties.
Status: in_force

The Department shall have general supervision over aeronautics within this State. It shall encourage, foster, and assist in the development of aeronautics in this State and encourage the establishment of airports and other air navigation facilities.
2 Del. C. § 1821 — Delaware Code / Title 2 / Chapter 18 / Section 1821
§ Â
        1821. Liability for trashing railroad right-of-ways; penalty; jurisdiction.
Status: in_force

A person shall be guilty of an offense if the person throws, or causes to be thrown, any waste paper, sweepings, ashes, household waste, glass, metal, tires, refuse or rubbish, or any dangerous or detrimental substance to be deposited into or upon any railroad right-of-way of this State. Whoever violates this section shall be fined not less than $50 nor more than $300. For each subsequent offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $500. The minimum fines for a violation of this section shall not be subject to suspension. The Justice of the Peace Court system shall have exclusive jurisdiction over any violations of this section.
2 Del. C. § 1416 — Delaware Code / Title 2 / Chapter 14 / Section 1416
§ Â
        1416. Transfer of motor carrier registration fees.
Status: in_force

Notwithstanding § 1310(c)(9) of this title, the Authority shall not transfer available money in the motor carrier registration reimbursement fund to the General Fund of the State and shall not otherwise be required to reimburse the State for motor carrier registration fees.
2 Del. C. § 134 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 134
§ Â
        134. Rules, regulations, and standards.
Status: in_force

(a) The Department may perform such acts, issue and amend such orders, and make, promulgate, and amend such reasonable general or special rules, regulations, and procedure, and establish such minimum standards, consistent with this chapter, as it deems necessary to carry out the provisions of this chapter and to perform its duties hereunder; all commensurate with and for the purpose of protecting and insuring the general public interest and safety, the safety of persons receiving instruction concerning, or operating, using or traveling in aircraft, and of persons and property on land or water, and to develop and promote aeronautics in this State.

(b) No rule or regulation of the Department shall apply to airports or other air navigation facilities owned or controlled by the federal government within this State.

(c) Rules, regulations and standards for aeronautics are published by the United States Department of Transportation, Federal Aviation Administration. These regulations, as amended from time to time, have nationwide jurisdiction and shall govern all aeronautics in this State, except where the laws of this State provide additional protection.

(d) The Department shall keep on file with the Secretary of State, and at the principal office of the Department, a copy of all its rules and regulations, for public inspection.
2 Del. C. § 907 — Delaware Code / Title 2 / Chapter 9 / Subchapter I / Section 907
§ Â
        907. Acquisition of easements and airport protection privileges.
Status: in_force

Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports or restricted landing areas acquired or operated under the provisions of this chapter, every political subdivision may acquire, in the same manner as is provided for the acquisition of property for airport purposes, easements through or other interests in air spaces over land or water, interests in airport hazards outside the boundaries of the airports or restricted landing areas and such other airport protection privileges as are necessary to insure safe approaches to the landing areas of the airports or restricted landing areas and the safe and efficient operation thereof. Every political subdivision may also acquire, in the same manner, the right or easement, for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and suitable lights for the nighttime marking of airport hazards, including the right of ingress and egress to or from such airport hazards, for the purpose of maintaining and repairing such lights and marks. This authority shall not be so construed as to limit any right, power or authority to zone property adjacent to airports and restricted landing areas under any laws of this State.
2 Del. C. § 1411 — Delaware Code / Title 2 / Chapter 14 / Section 1411
§ Â
        1411. Property exempt from taxation.
Status: in_force

All property of the Authority is declared to be public property devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of the State or any political subdivision. All bonds issued pursuant to this chapter are hereby declared to be issued by a body corporate and politic of the State and for an essential public and governmental purpose and the bonds, and the interest thereon and the income therefrom, whether or not the interest on the bonds is subject to federal income taxation, and all funds, revenues, income and other moneys received or to be received by the Authority and pledged or available to pay or secure the payment of the bonds, or interest thereon, shall at all times be exempt from taxation by the State, or any political subdivision, except for transfer, inheritance and estate taxes.
2 Del. C. § 2105 — Delaware Code / Title 2 / Chapter 21 / Section 2105
§ Â
        2105. District policies.
Status: in_force

Once a District has been created, the Department shall:

(1) Develop transit capital improvement projects with the goal of increasing transit ridership in the District that would result in a greater farebox recovery ratio.

(2) Identify the most significant barriers to more trips via walking and cycling in the District and develop capital improvement projects to overcome those barriers.

(3) Assign Department capital improvement projects within a District the highest weight for multi-modal mobility, flexibility/access, as well as the weight equivalent to projects in Transportation Improvement Districts through the Department’s project prioritization process under § 8419 of Title 29.

(4) Establish an engineering design goal of free flowing eighty-fifth percentile motor vehicle traffic speeds of 25 miles per hour or less for all streets and roads that are not limited access in the District.

(5) Refrain from developing any projects that expand road capacity in the District unless the Department can demonstrate that such projects will have no negative effect on transit access, pedestrian safety, or on the percentage of trips that can be made by bicycle under low traffic stress conditions.
2 Del. C. § 1922 — Delaware Code / Title 2 / Chapter 19 / Section 1922
§ Â
        1922. Controlling authority.
Status: in_force

The Division may promulgate rules and regulations consistent with this chapter that are necessary to ensure compliance with this chapter or to address new industry developments not addressed explicitly in this chapter. Notwithstanding any other provision of law, TNCs and TNC drivers are governed exclusively by this chapter and any rules promulgated by the Division consistent with this chapter. A municipality or other local entity may not:

(1) Impose a tax on, or require a license for, a TNC, a TNC driver, or a vehicle used by a TNC driver where such tax or licenses relates to providing prearranged rides;

(2) Require a TNC or a TNC driver to obtain a business license or any other type of similar authorization to operate within the jurisdiction; or

(3) Subject a TNC or a TNC driver to the municipality or other local entity’s rate, entry, operational or other requirements.
2 Del. C. § 1335 — Delaware Code / Title 2 / Chapter 13 / Section 1335
§ Â
        1335. Maintaining adequate supplies of road materials [Operation of this statute was suspended by 85 Del. Laws, c. 64, Ââ113].
Status: in_force

(a) Legislative findings. — The General Assembly finds that the interests of the State are not well served when its ability to obtain a ready supply and competitive prices for critical materials used in its transportation projects, such as asphalt and concrete, is impeded due to the consolidation of ownership of facilities for the processing and/or manufacture of such materials in specific geographic areas. This situation has arisen in Kent and Sussex Counties, and may potentially occur in New Castle County. Therefore, the General Assembly determines that the State should be empowered to enter into appropriate arrangements to reduce the impacts of these consolidations.

(b) Any provision of the Delaware Code notwithstanding, the Department of Transportation is hereby authorized and directed to develop and implement a program to obtain a ready supply of critical road-building materials, including but not limited to asphalt and/or concrete, for its highway construction and reconstruction projects. This program may include the acquisition of land, raw materials, and equipment to operate facilities for the processing and manufacture of road materials. The Department may also contract with private entities for the operation of such facilities, pursuant to Chapter 69 of Title 29.

(c) The provisions of §§ 1309, 1319, 1321, and 1329 of this title shall apply to the Department’s actions pursuant to this section, including any contractual arrangements for these facilities, as if conducted under the auspices of the Delaware Transportation Authority, except that during its planning process the Department shall meet and confer with the land use officials in the county in which such facilities will be located, to obtain their comments on the proposal.

(d) Notwithstanding subsection (c) of this section, the authorities granted to the Department in aforementioned section, the Department shall not contract for any additional capacity with a private firm or firms without first securing the approval of the State Representative and Senator in whose legislative districts the proposed road materials facility would be located.
2 Del. C. § 140 — Delaware Code / Title 2 / Chapter 1 / Subchapter II / Section 140
§ Â
        140. Conduct of investigations, inquiries and hearings.
Status: in_force

The Department, any member thereof, the Secretary of Transportation, or any officer or employee of the Department designated by it may hold investigations, inquiries and hearings concerning matters covered by the provisions of this chapter and orders, rules and regulations of the Department, and concerning accidents in aeronautics within this State. All hearings so conducted shall be open to the public. The Secretary of Transportation, and every officer or employee of the Department designated by it to hold any inquiry, investigations or hearing may administer oaths and affirmations, certify to all official acts, issue subpoenas and compel the attendance and testimony of witnesses and the production of papers, books and documents. In case of failure to comply with any subpoena or order issued under authority of this chapter, the Department, or its authorized representative, may invoke the aid of any court of this State of general jurisdiction. The court may thereupon order the witness to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Any failure to obey the order of the court may be punished by the court as a contempt thereof.
2 Del. C. § 1320 — Delaware Code / Title 2 / Chapter 13 / Section 1320
§ Â
        1320. Special provisions relating to Delaware Turnpike.
Status: in_force

(a) The Authority and the State shall always maintain and keep in good condition and operating repair the Delaware Turnpike.

(b) The Authority may provide or make provision for an adequate police force to enforce the laws of the State and the rules and regulations established by the Authority and governing the use of the Delaware Turnpike.

(c) Any operator of a vehicle using the Delaware Turnpike who refuses to pay the toll prescribed by the Authority, or who evades or attempts to evade payment of the toll prescribed by the Authority, may be arrested without a warrant. The fine for such offense shall be not less than $10 and not more than $100 in addition to costs.

(d) The Authority may incorporate in the Delaware Turnpike as an integral part thereof any existing state highway or bridge or any partially completed state highway or bridge which it may deem necessary, provided that such incorporation shall not impair the right of the Authority to impose tolls on the Delaware Turnpike.

(e) If any property other than money which has been abandoned, mislaid or lost on the premises of the Delaware Turnpike comes into the possession of the Authority and remains unclaimed in the possession of the Authority for a period of 120 days, the Authority may sell the property at public auction after notice of such sale has been published for 3 successive weeks in a newspaper with general circulation in the county where such property was recovered. The net proceeds of sale, after deducting the cost of storage and the expenses of the sale, and all money unclaimed for such 120 day period, shall be paid into and become the property of the Authority. If, in the opinion of the Authority, any property so abandoned, mislaid or lost, which comes into the possession of the Authority and remains unclaimed in its possession for a period of 120 days, is of value of $10 or less, the Authority may donate the same to a charitable organization without offering such property for sale.

(f) A budget for each fiscal year of the Authority shall be prepared by the Authority and submitted to the General Assembly at the same time the State prepares and submits its annual budget appropriation bill to the General Assembly. The annual budget shall show, among other things, the operating expenses of the Authority for each subsidiary, and the estimated amount required to be deposited in various funds created by any resolution pursuant to which bonds have been issued or any trust indenture securing such bonds, including but not limited to an operating fund. The budget shall be approved by the General Assembly before its adoption by the Authority.

In approving the budget of the Authority, the General Assembly shall not:

(1) Approve an amount for operating expenses of the Delaware Turnpike less than the amount actually incurred as operating expenses for the Delaware Turnpike in the last prior fiscal year of the Authority, plus an inflation factor equal to the United States Consumer Price Index (CPI) or successor indices, annualized at November of the year prior to the year for which such budget is prepared, unless the budget prepared by the Authority requests a lesser amount.

(2) Approve an amount for application to pay debt service on bonds and an amount to meet any debt service reserve fund requirement less than the amounts required, by any resolution of the Authority pursuant to which bonds of the Authority are issued or pursuant to a trust indenture pursuant to which bonds are secured, to pay debt service on bonds and to meet any debt service reserve requirements.

If the General Assembly does not approve the budget of the Authority prior to July 1 for the year such budget is submitted, the budget, as submitted to the General Assembly, shall be adopted by the Authority until such time as a budget is approved by the General Assembly. Any obligations incurred by the Authority pursuant to an adopted budget shall be binding.

(g) The State or the Authority shall neither make nor authorize any appropriation or expenditure of money that would impair the right or power of the Authority to impose tolls on the Delaware Turnpike.

(h) The Authority shall operate only 1 barrier facility on the main line of the Delaware Turnpike for the collection of tolls, and it shall be located on the Delaware Turnpike at or near the boundary between the State and the state of Maryland. The Authority may also operate toll collection facilities for all vehicles other than 2-axle vehicles at such points along the Delaware Turnpike and/or the interstate within Delaware which the Authority shall determine.

(i) The Authority shall, upon request, furnish a user of the Delaware Turnpike a receipt showing the amount of the toll paid, the classification of the vehicle, the date the toll was paid and the name of the Authority.
2 Del. C. § 946 — Delaware Code / Title 2 / Chapter 9 / Subchapter IV / Section 946
§ Â
        946. Condemnation.
Status: in_force

Condemnation proceedings shall be instituted, in the names of the political subdivisions jointly, and the property acquired shall be held by the political subdivisions as tenants in common. Sections 905 and 906 of this title shall apply to such proceedings.
2 Del. C. § 1921 — Delaware Code / Title 2 / Chapter 19 / Section 1921
§ Â
        1921. Penalties.
Status: in_force

(a) The Division is authorized to enforce the requirements of this chapter. The Court of Common Pleas has jurisdiction over contested violations issued under this section.

(b) A TNC or TNC driver who fails to comply with any requirement contained in this chapter may be assessed a civil penalty of up to $100 for a first violation, up to $500 for a second violation, and up to $1,000 for a third violation and subsequent violations. The penalties collected under this section will be remitted to the Division to be used for enforcement operations. To determine the amount of the fine, the Division shall consider all relevant mitigating factors, including without limitation:

(1) The severity of the violation; and

(2) The good faith of the person or entity charged with the violation in attempting to achieve compliance.

A TNC will not be subject to financial penalties under this subsection if, upon notice of the violation, the TNC takes corrective steps to remedy the violation within a reasonable time period, as determined by the Division.

(c) The Division may suspend or revoke a TNC permit if the TNC commits a pattern of violations that evidence the TNC’s intentional disregard of public safety.