reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 47. MOTOR CARRIER SAFETY—RESPONSIBILITY › § 4703. Adoption of federal requirements — Amendments of 49 C.F.R. Part 390.

§ 4703. Adoption of federal requirements — Amendments of 49 C.F.R. Part 390.
Amend § 390.3 of 49 C.F.R. Part 390 by adding “and intrastate” after the word “interstate” and before the word “commerce.”
65 Del. Laws, c. 198, §  1;  66 Del. Laws, c. 114, §  1;  74 Del. Laws, c. 217, §  19;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 47. MOTOR CARRIER SAFETY—RESPONSIBILITY › § 4705. Adoption of federal requirements — Amendments of 49 C.F.R. Part 392.

§ 4705. Adoption of federal requirements — Amendments of 49 C.F.R. Part 392.
(a) Amend § 392.4 of 49 C.F.R. Part 392 by adding a new subparagraph (e) to read as follows:
“(e) Nothing in this section shall preclude prosecution under § 4177 of this title.”
(b) Amend § 392.5 of 49 C.F.R. Part 392 by adding a new subparagraph (f) to read as follows:
“(f) Nothing in this section shall preclude prosecution under § 4177 of this title.”
65 Del. Laws, c. 198, §  1;  66 Del. Laws, c. 114, §  5;  74 Del. Laws, c. 217, §  21;  78 Del. Laws, c. 383, §  2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 47. MOTOR CARRIER SAFETY—RESPONSIBILITY › § 4707. Adoption of federal requirements — Amendment of 49 C.F.R. Part 395.

§ 4707. Adoption of federal requirements — Amendment of 49 C.F.R. Part 395.
(a) Amend 49 C.F.R. § 395.3(b) by striking the word “No” as it appears as the first word thereof, and by substituting in lieu thereof the phrase, “Unless an emergency waiver is issued by the Director of the Delaware Emergency Management Agency, to assist with energy supply deliveries such as heating oil and liquefied petroleum gas, no.”
(b) Amend 49 C.F.R § 395.1(n) by adding the following new sentences:
“Any utility vehicle driver engaging in the provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled shall be exempted from 49 C.F.R. Part 395 in its entirety. The exemption of the regulation provided for in this subsection shall expire if the Secretary of the United States Department of Transportation determines that it is in conflict with the intent of the Federal Motor Carrier Safety Regulations.”
(c) Amend 49 C.F.R. § 395.1(n) by adding the following new sentences:
“Any utility vehicle driver engaging in the provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled shall be exempted from 49 C.F.R. Part 395 in its entirety. The exemption of the regulation provided for in this subsection shall expire if the Secretary of the United States Department of Transportation determines that it is in conflict with the intent of the Federal Motor Carrier Safety Regulations.”
66 Del. Laws, c. 114, §  10;  73 Del. Laws, c. 14, §  1;  74 Del. Laws, c. 217, §  23;  75 Del. Laws, c. 12, §§  1, 2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 47. MOTOR CARRIER SAFETY—RESPONSIBILITY › § 4708. Adoption of federal requirements — Amendments of 49 C.F.R. Part 396.

§ 4708. Adoption of federal requirements — Amendments of 49 C.F.R. Part 396.
(a) Subsection (a) of 49 C.F.R. § 396.9 is stricken in its entirety and the following is substituted in its place:
“(a) Personnel authorized to perform inspections — Every special agent of the Federal Highway Administration, Secretary of Public Safety, the Secretary of Safety and Homeland Security's deputies, state police, other sworn police officers and size and weight enforcement technicians of the Division of State Police working in conjunction with and in the physical presence of a uniformed police officer, are hereby authorized to enter and perform inspections of any motor vehicle, cargo and driver of any motor carrier for compliance with safety regulations adopted pursuant to this chapter. State police size and weight enforcement technicians shall have the same authority and duties enforcing this chapter as granted in § 710 of this title.”
(b) Farm vehicles being operated on an intrastate basis within this State shall be exempt from the recordkeeping requirements as provided in 49 C.F.R. Part 396.
65 Del. Laws, c. 198, §  1;  66 Del. Laws, c. 114, §§  6-8;  74 Del. Laws, c. 110, §  105;  74 Del. Laws, c. 217, §  24;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 47. MOTOR CARRIER SAFETY—RESPONSIBILITY › § 4709. Fines, penalties, voluntary assessments.

§ 4709. Fines, penalties, voluntary assessments.
(a) Any person, driver or motor carrier who violates any subpart of this chapter, or fails to do any act required by any subpart in this chapter or does any act forbidden in this chapter or subpart of the Code of Federal Regulations hereby adopted, upon conviction thereof, shall be sentenced to pay a fine for each violation of not less than $28.75 nor more than $115, or imprisonment for not more than 30 days or both. Any such person, driver or motor carrier committing a second or subsequent offense within 2 years upon conviction thereof shall be sentenced to pay a fine of not less than $115 nor more than $575 or imprisonment for not less than 60 days nor more than 1 year, or both.
(b) Section 709 of this title shall be applicable to this chapter.
65 Del. Laws, c. 198, §  1;  66 Del. Laws, c. 114, §  8;  68 Del. Laws, c. 9, §  55;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 47. MOTOR CARRIER SAFETY—RESPONSIBILITY › § 4710. Authority to place vehicle, etc., out of service.

§ 4710. Authority to place vehicle, etc., out of service.
The Secretary of Public Safety, the Secretary of Safety and Homeland Security's deputies, state police and other police officers authorized by law to make arrests for violations of the motor vehicle and traffic laws of the State are hereby authorized to place any vehicle, driver or operator out of service for any violation of this chapter.
65 Del. Laws, c. 198, §  1;  66 Del. Laws, c. 114, §  8;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  106;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 47. MOTOR CARRIER SAFETY—RESPONSIBILITY › § 4711. Jurisdiction.

§ 4711. Jurisdiction.
Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this chapter.
65 Del. Laws, c. 198, §  1;  66 Del. Laws, c. 114, §  8;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 47. MOTOR CARRIER SAFETY—RESPONSIBILITY › § 4712. Authority to enforce regulations.

§ 4712. Authority to enforce regulations.
(a) The Secretary of Public Safety, the Secretary of Safety and Homeland Security's deputies, state police and other sworn police officers are hereby authorized to make arrests without a warrant for any violation of this chapter committed in their presence.
(b) The Secretary of Public Safety, the Secretary of Safety and Homeland Security's deputies, state police and other sworn police officers authorized by the law to make arrests for violations of this chapter without a warrant are authorized upon reasonable and probable cause to believe, based upon personal investigation of a motor vehicle accident which may include information obtained from eyewitnesses, that a violation has been committed by any person then and there present and to arrest such person without a warrant.
65 Del. Laws, c. 198, §  1;  66 Del. Laws, c. 114, §  8;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §§  107, 108;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 47. MOTOR CARRIER SAFETY—RESPONSIBILITY › § 4713. Authority to promulgate rules and regulations.

§ 4713. Authority to promulgate rules and regulations.
The Secretary of Public Safety has authority to promulgate rules and regulations to carry out the stated purposes of this chapter.
65 Del. Laws, c. 198, §  1;  66 Del. Laws, c. 114, §  8;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 47. MOTOR CARRIER SAFETY—RESPONSIBILITY › § 4714. Conflicts with other requirements of Delaware Motor Vehicle Code.

§ 4714. Conflicts with other requirements of Delaware Motor Vehicle Code.
(a) Nothing contained in this chapter shall be construed to prohibit the use of additional equipment and accessories, not inconsistent with or prohibited by this chapter, provided such equipment and accessories do not decrease the safety of operation of the motor vehicles on which they are used.
(b) Compliance with this chapter does not relieve the obligation to comply with other chapters of Titles 21 and 29; however, if a conflict occurs, the state or federal regulation herein adopted which promotes the greater degree of safety shall control.
65 Del. Laws, c. 198, §  1;  66 Del. Laws, c. 114, §  8;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 48. OCCUPANT PROTECTION SYSTEM SAFETY ACT › § 4801. Short title.

§ 4801. Short title.
This chapter shall be known and may be cited as the “Occupant Protection System Safety Act.”
68 Del. Laws, c. 34, §  1;  74 Del. Laws, c. 277, §  2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 61. Civil Liability for Driver’s Negligence › § 6101. Negligence of owners and drivers of rented vehicles; insurance of liability.

§ 6101. Negligence of owners and drivers of rented vehicles; insurance of liability.
(a) The owner of a motor vehicle who is engaged in the business of renting motor vehicles without drivers, who rents any such vehicle without a driver to another, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, and permits the renter to operate the vehicle upon the highways and who does not carry or cause to be carried public liability insurance in an insurance company or companies approved by the Insurance Commissioner of this State insuring the renter against liability arising out of the renter's negligence in the operation of such rented vehicle in limits of not less than $10,000 for anyone killed or injured and $20,000 for any number more than 1 injured or killed in any 1 accident, and against liability of the renter for property damage in the limit of not less than $5,000 for 1 accident, shall be jointly and severally liable with the renter for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of renting the vehicle from the owner.
(b) Subsection (a) of this section shall not confer any right of action upon any passenger in any rented vehicle specified therein as against the owner, but nothing contained in this section shall prevent the introduction as a defense of comparative or contributory negligence, to the extent to which such defense is allowed in other cases.
(c) The policy of insurance referred to in subsection (a) of this section shall inure to the benefit of any person operating the rented vehicle by or with the permission of the person so renting it in the same manner and under the same conditions and to the same extent as to the renter. The insurance policy or policies above referred to need not cover any liability incurred by the renter of any vehicle to any passenger in such vehicle, provided the owner, upon renting any such vehicle to another without a driver, gives to the renter a written notice of the fact that such policy or policies do not cover the liability which the renter may incur on account of the renter's negligence in the operation of such vehicle to any passenger in such vehicle.
(d) When any suit or action is brought against the owner under this section, the judge or court before whom the case is pending shall cause a preliminary hearing to be had in the absence of the jury for the purpose of determining whether the owner has provided, or caused to be provided, insurance covering the renter in the limits above mentioned. Whenever it appears that the owner has provided or caused to be provided insurance covering the renter in the sums above mentioned, the judge or court shall dismiss, as to the owner, the action brought under this section.
36 Del. Laws, c. 10, §  21;  Code 1935, §  5559;  21 Del. C. 1953, §  6102;  61 Del. Laws, c. 292, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 61. Civil Liability for Driver’s Negligence › § 6102. Notification by owner of intention to rent vehicle.

§ 6102. Notification by owner of intention to rent vehicle.
No owner of any motor vehicle who is engaged in the business of renting motor vehicles without drivers shall rent a motor vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, unless the owner has previously notified the Department of the intention to so rent such vehicle and has complied with the requirements as to the showing of financial responsibility as provided in § 2105 [repealed] of this title.
36 Del. Laws, c. 10, §  21;  Code 1935, §  5559;  21 Del. C. 1953, §  6103;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 61. Civil Liability for Driver’s Negligence › § 6103. Records required of owners of rented vehicles; inspection; forms.

§ 6103. Records required of owners of rented vehicles; inspection; forms.
(a) Every person engaged in the business of renting motor vehicles without drivers, who rents any such vehicle without a driver, otherwise than as part of a bona fide transaction involving the sale of such motor vehicle, shall maintain a record of the identity of the person to whom the vehicle is rented and the exact time the vehicle is the subject of such rental or in possession of the person.
(b) Whoever, being an owner, fails to make or have in possession or refuses an inspection of the record required in this section, shall be fined in such amount or imprisoned for such term, or both, as the court, in its discretion, may determine.
(c) If the Secretary prescribes a form for the keeping of the record provided for in this section, the owner shall use such form.
36 Del. Laws, c. 10, §  22;  Code 1935, §  5560;  21 Del. C. 1953, §  6104;  57 Del. Laws, c. 670, §  17A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 61. Civil Liability for Driver’s Negligence › § 6104. Liability of parent, guardian, or employer for negligence of minor [Effective until Apr. 1, 2025].

§ 6104. Liability of parent, guardian, or employer for negligence of minor [Effective until Apr. 1, 2025].
(a) (1) Except as otherwise provided under paragraph (a)(2) of this section and § 6106 of this title, any negligence of a minor under age 18 driving a motor vehicle on a highway of this State, who has been licensed under § 2710 of this title, is imputed to a person who signed the license application on behalf of the minor, and that person is jointly and severally liable with the minor for any damages resulting from the minor's negligence.
(2) The following are exempted from liability for negligence of a minor under paragraph (a)(1) of this section:
a. A caregiver of a minor who is in the custody of the Department of Services for Children, Youth and Their Families under Chapter 25 of Title 13. For purposes of this paragraph (a)(2)a., “caregiver” means as defined in § 2502 of Title 13.
b. A case worker of the Division of Family Services, acting in accordance with § 2710 of this title, and on behalf of a child who was in the custody of the Department of Services for Children, Youth and their Families at the time of the signing of the license application.
(b) The liability imposed on the person who signed the application of a minor under the age of 18 under subsection (a) of this section applies to the original license or permit granted to the minor or any renewal of the license without the necessity of the person signing the minor's renewal application, unless the person notifies the Department of Transportation in writing at least 30 days before the date of the renewal of the original license or permit granted to the minor that the person does not consent to the renewal.
36 Del. Laws, c. 10, §  71;  Code 1935, §  5609;  44 Del. Laws, c. 189;  21 Del. C. 1953, §  6105;  57 Del. Laws, c. 495, §  3;  57 Del. Laws, c. 670, §  17B;  71 Del. Laws, c. 282, §§  8, 9;  74 Del. Laws, c. 110, §  109;  76 Del. Laws, c. 415, §  6;  83 Del. Laws, c. 453, § 8;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 61. Civil Liability for Driver’s Negligence › § 6104. Liability of parent, guardian or employer for negligence of minor [Effective Apr. 1, 2025].

§ 6104. Liability of parent, guardian or employer for negligence of minor [Effective Apr. 1, 2025].
(a) Any negligence of a minor under age 18 driving a motor vehicle upon a highway of this State, who has been licensed under § 2710 of this title, shall be imputed to any person who signed the license application on behalf of the minor, and that person shall be jointly and severally liable with the minor for any damages resulting from the minor's negligence except that case workers of the Division of Family Services, acting in accordance with § 2710 of this title, and on behalf of a child in the custody of the Department of Services for Children, Youth and their Families, shall be exempted from such liability.
(b) The liability imposed upon the person who signed the application of a minor under the age of 18 years, as provided in subsection (a) of this section, shall apply to the original license or permit granted to the minor or any renewal thereof, without the necessity of such person signing the minor's renewal application, unless such person notifies the Department of Transportation in writing at least 30 days prior to the date of any such renewal of the original license or permit granted to the minor that the person does not consent to such renewal.
36 Del. Laws, c. 10, §  71;  Code 1935, §  5609;  44 Del. Laws, c. 189;  21 Del. C. 1953, §  6105;  57 Del. Laws, c. 495, §  3;  57 Del. Laws, c. 670, §  17B;  71 Del. Laws, c. 282, §§  8, 9;  74 Del. Laws, c. 110, §  109;  76 Del. Laws, c. 415, §  6;  83 Del. Laws, c. 453, § 8;  83 Del. Laws, c. 453, § 11;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 61. Civil Liability for Driver’s Negligence › § 6105. Liability of owner for negligence of minor [Effective until Apr. 1, 2025].

§ 6105. Liability of owner for negligence of minor [Effective until Apr. 1, 2025].
Except as provided under § 6106 of this title, every owner of a motor vehicle who causes or knowingly permits a minor under the age of 18 years to drive such vehicle upon a highway and any person who gives or furnishes a motor vehicle to such minor shall be jointly and severally liable with such minor for any damages caused by the negligence of such minor in driving such vehicle, and the negligence of such minor shall be imputed to such owner or such person for all purposes of civil damages.
36 Del. Laws, c. 10, §  72;  Code 1935, §  5610;  21 Del. C. 1953, §  6106;  49 Del. Laws, c. 407;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 453, § 8A;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 61. Civil Liability for Driver’s Negligence › § 6105. Liability of owner for negligence of minor [Effective Apr. 1, 2025].

§ 6105. Liability of owner for negligence of minor [Effective Apr. 1, 2025].
Every owner of a motor vehicle who causes or knowingly permits a minor under the age of 18 years to drive such vehicle upon a highway and any person who gives or furnishes a motor vehicle to such minor shall be jointly and severally liable with such minor for any damages caused by the negligence of such minor in driving such vehicle, and the negligence of such minor shall be imputed to such owner or such person for all purposes of civil damages.
36 Del. Laws, c. 10, §  72;  Code 1935, §  5610;  21 Del. C. 1953, §  6106;  49 Del. Laws, c. 407;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 453, § 8A;  83 Del. Laws, c. 453, § 11;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 61. Civil Liability for Driver’s Negligence › § 6106. Liability of foster parent for negligence of a child or individual [Expires Apr. 1, 2025, pursuant to 83 Del. Laws, c. 453, § 11].

§ 6106. Liability of foster parent for negligence of a child or individual [Expires Apr. 1, 2025, pursuant to 83 Del. Laws, c. 453, § 11].
(a) For purposes of this section, “foster parent” means as defined in § 2302 of Title 13.
(b) When a child or an individual identified in § 9011A(g)(1) of Title 29 procures a valid policy of insurance through participation in the program established under § 9011A of Title 29, a foster parent of that child or individual, who causes or knowingly permits the child or individual to drive a vehicle on a highway, or who gives or furnishes a motor vehicle to the child or individual, is not jointly and severally liable with the child or individual for damages caused by the negligence of the child or individual in driving the vehicle, and the negligence of the child or individual may not be imputed to the foster parent for purposes of civil damages.
(c) When a child or an individual identified in § 9011A(g)(1) of Title 29 does not procure a separate valid policy of insurance and is instead insured by the private passenger insurance policy of the foster parent, a foster parent of that child or individual who causes or knowingly permits the child or individual to drive a vehicle on a highway, or gives or furnishes a motor vehicle to the child or individual, may be liable for damages caused by the negligence of the child or individual in driving the vehicle only up to the policy limits of the foster parent's applicable insurance coverage.
(d) When a child or individual identified in § 9011A(g)(1) of Title 29 is within the first 6 months after issuance of a Level 1 Learner's Permit under § 2710 of this title, a foster parent of that child or individual who causes or knowingly permits the child or individual to drive a vehicle on a highway or who gives or furnishes a motor vehicle to the child or individual, may be liable for damages caused by the negligence of the child or individual in driving the vehicle only up to the policy limits of the foster parent's applicable insurance coverage.
83 Del. Laws, c. 453, § 8B;  84 Del. Laws, c. 39, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6302. License requirements.

§ 6302. License requirements.
(a) Department approval. — No person, corporation, partnership, proprietorship or any other legal entity shall carry on or conduct the business of buying, selling or dealing in new or used vehicles unless issued a dealer's license by the Department. A dealer license issued under this title is not transferrable.
(b) Application. — Application for a dealer's license shall be made upon the form prescribed by the Department and shall contain the name and address of the applicant. When the applicant is a partnership the name and address of each partner shall appear on the application. When the application is a corporation, the names of the principal officers of the corporation, the state in which incorporated, the place or places where the business is to be conducted and such other information as may be required by the Department shall appear on the application. Every such application shall contain a certification by the applicant that the information provided is true and accurate to the best of the applicant's knowledge.
(c) Resident requirements. — The owner of a dealership must have been issued a Delaware driver's license and established residency in Delaware at least 90 days prior to the time of application. Franchised and new vehicle dealers are exempted from this requirement.
(d) Age requirement. —
The applicant must be at least 18 years of age on the date the application is submitted to the Department.
(e) Fingerprinting requirement. — (1) An applicant seeking a license or license renewal, if more than 5 years have passed since original licensure process, must submit fingerprints and other necessary information in order to obtain a report of the applicant's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to the applicant.
(2) All information obtained under this subsection shall be forwarded to the Division for review to determine the applicant's suitability for licensure pursuant to § 6313 of this title. Information obtained under this subsection is confidential and may only be disclosed to the Director of the Division or the Director's designee. The State Bureau of Identification may release subsequent criminal history to the Division.
(f) Fee. —
No fee for a license is charged by the Department. However, all dealerships must obtain a yearly dealer business license from the Department of Finance, Division of Revenue. Wholesale dealers shall also obtain an additional wholesale license pursuant to § 6307 of this title. The business license(s) must be kept at the business location and be available for inspection by the Department.
36 Del. Laws, c. 10, §  46;  Code 1935, §  5583;  21 Del. C. 1953, §  6301;  65 Del. Laws, c. 79, §§  1-4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 449, §  1;  83 Del. Laws, c. 511, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6303. Location requirements; records [For application of this section, see 79 Del. Laws, c. 161, § 5].

§ 6303. Location requirements; records [For application of this section, see 79 Del. Laws, c. 161, § 5].
(a) Except as provided in § 6311(b) of this title, no dealers license shall be issued to any vehicle dealer unless the dealership has an established place of business owned, rented, or leased by the dealership and which:
(1) Satisfies all local zoning requirements. Zoning approval shall be submitted to the Division when the application is submitted;
(2) Has sales and office space devoted to the dealership and has adequate display space for 5 or more vehicles, and, in the case of a new recreational vehicle dealer, has a service facility;
(3) Has a telephone installed in the office and listed in the business name;
(4) Has adequate liability insurance as required by § 2118 of this title;
(5) Has a sign on the premises measuring at least 24 x 36 inches which lists the dealership's approved name.
(b) The dealership office shall maintain and have adequate file cabinets to maintain records required by the Department. All dealer records regarding purchases, sales, transfers of ownership, collection of vehicle document fees, titling, registration fees, odometer disclosure statements, temporary license plates and records of dealer registration plates assigned to the dealer shall be maintained on the premises of the licensed location. All records shall be maintained for a minimum of 5 years. The Director may, on written request by a dealer, permit records to be maintained at a location other than the premises of the licensed location for good cause shown.
(c) Every dealer shall have in its possession a certificate of title assigned to the dealership or other documentary evidence of the dealer's right to the possession of, and for every vehicle in the dealership's possession or on the dealership premises.
(d) During business hours, the records of the dealership shall be open to inspection by Department officials, any police officer or any duly authorized investigator at the Department of Justice while discharging their official duties.
71 Del. Laws, c. 449, §  1;  79 Del. Laws, c. 161, §  2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6304. Expiration and renewal of license.

§ 6304. Expiration and renewal of license.
Each license issued under this title shall expire at midnight on December 31 of the period for which it was issued and may be renewed upon application to the Department prior to its expiration. Dealers who have not sold a minimum of 5 vehicles between January 1 and December 31 of each year shall be denied license renewal. The Director of the Division of Motor Vehicles may, on written request by a dealer, permit renewal of a dealer's license for dealers selling less than 5 vehicles for good cause shown in writing to the Department.
71 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6305. Bill of sale.

§ 6305. Bill of sale.
Every motor vehicle dealer shall complete, in duplicate, a bill of sale for each sale or exchange of a motor vehicle. The original shall be retained for a period of 5 years. A duplicate copy shall be delivered to the purchaser at the time of sale or exchange. The bill of sale shall be signed by both buyer and seller. A bill of sale shall include the following:
(1) The name and address of the person to whom the vehicle was sold or traded;
(2) The date of the sale or trade;
(3) The name and address of the motor vehicle dealer selling or trading the vehicle;
(4) The make, model, year, vehicle identification number and body style of the vehicle;
(5) The sale price of the vehicle;
(6) The amount of any deposit made by the buyer;
(7) A description of any Delaware titled vehicle used as a trade-in and the amount credited the buyer for the trade-in;
(8) The amount of the document fee, title fee, registration fee or any other fee for which the buyer is responsible and the dealer has collected; each fee shall be individually listed and identified; and
(9) The amount of any balance due at settlement.
36 Del. Laws, c. 10, §  47;  Code 1935, §  5585;  21 Del. C. 1953, §  6303;  65 Del. Laws, c. 79, §  11;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6306. Consignment vehicles-contract.

§ 6306. Consignment vehicles-contract.
Any motor vehicle dealer offering a vehicle for sale on consignment shall have in their possession a consignment contract for the vehicle, executed and signed by the dealer and the consignor. The consignment contract shall include the following:
(1) The complete name and address of the owner(s);
(2) The name, address and dealer identification number of the selling dealer;
(3) A complete description of the vehicle on consignment, including the make, model, year, vehicle identification number and body style;
(4) The beginning and termination dates of the contract;
(5) The percentage or the net amount the owner is to receive, if the vehicle is sold;
(6) A disclosure of all unsatisfied liens on the vehicle and the location of the certificate of title to the vehicle.
Any dealer offering a vehicle for sale on consignment shall inform any prospective customer that the vehicle is on consignment. Dealer license plates shall not be used to demonstrate a vehicle on consignment. The owners license plate may be used if liability insurance coverage is in effect in the amount prescribed by Delaware law.
71 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6307. Wholesale Dealers.

§ 6307. Wholesale Dealers.
(a) A wholesale dealer who is licensed by the Division is authorized to do the following:
(1) Buy a vehicle from another dealer, a licensed auto auction or retail seller;
(2) Sell a vehicle to, or exchange vehicles only with another dealer or through a licensed auto auction;
(3) A wholesale dealer may operate from a private residence and is not required to comply with § 6303(a)(2) and (5) of this title.
(b) A wholesale dealer may not:
(1) Sell or exchange vehicles with a retail buyer; and
(2) Buy, sell or exchange new vehicles; and
(3) Sell vehicles on consignment.
71 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6308. Auctions.

§ 6308. Auctions.
(a) Each person who conducts auctions of vehicles shall keep a record of each of the following:
(1) The name and address of the consignor or seller;
(2) The date on which the vehicle was consigned;
(3) The year, make, model and vehicle identification number of each vehicle consigned;
(4) The title number and State where the vehicle was last registered;
(5) The odometer mileage reading at the time of consignment;
(6) The name and address of the person to whom the vehicle was sold;
(7) The buyer's driver's license number and state which issued the license;
(8) The selling price; and
(9) The date of sale.
(b) During business hours, auction records shall be open for inspection by Division of Motor Vehicle officials, any police officer or any duly authorized investigator at the Department of Justice while discharging their official duties.
(c) Auction sales must be performed at the approved auction location.
(d) All records required by this section shall be maintained for 5 years after the sale of the vehicle to which such records apply.
(e) Auctions are authorized to issue 30-day temporary license plates under § 2130 of this title to allow vehicles to be removed from the auction lot. The temporary plates shall only be issued to individuals with a valid driver's license. The auction shall witness and record proof of any legally required liability insurance on a vehicle prior to the issuance of the temporary license plate.
71 Del. Laws, c. 449, §  1;  72 Del. Laws, c. 97, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6309. Prohibited acts.

§ 6309. Prohibited acts.
(a) A dealer, its agent or an employee of a dealer may not permit any individual to road test a motor vehicle if they know the individual does not have a valid driver's license.
(b) A dealer or an agent or employee of a dealer may not commit any fraud in the execution of, or any material alteration of, a contract, power of attorney or other document incident to a sale or exchange of a vehicle.
(c) A dealer or an agent or employee of a dealer may not wilfully fail to comply with the terms of a warranty or guarantee. A Federal Trade Commission Buyers Guide will be properly completed and displayed on all used vehicles. Buyer(s) will be provided a copy of the Guide prior to completion of the sale.
(d) A dealer or agent of a dealer must disclose to a buyer if the vehicle title has been branded “reconstructed”, “flood damaged”, “salvage” or was a “taxi”. The buyer(s) shall acknowledge the disclosure as described in this paragraph by signing a disclosure statement which has been approved by the Division of Motor Vehicles and is provided by the dealership. A copy of the disclosure statement shall be provided to the Delaware Division of Motor Vehicles with the title application. In the absence of any disclosure statement, the contract may be rescinded at any time by the buyer and the dealer shall provide a full and complete refund to the buyer of all purchase moneys, including interest paid, plus all fees paid. Disclosure shall not prevent any person from otherwise bringing any action under any law for a failure to disclose material information concerning the condition or prior use of any vehicle.
71 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6310. Acts of officers, directors, partners, and sales persons.

§ 6310. Acts of officers, directors, partners, and sales persons.
If a licensee is a partnership or corporation, it shall be sufficient cause for the denial or suspension of a license if any officer, director or trustee of the partnership or corporation, or any member in the case of a partnership, has committed any act or omitted any duty which would be cause for denial or suspending a license issued to him or her as an individual under this chapter. Each licensee shall be responsible for all acts of any of their salespersons while acting as their agent, if the licensee approved of those acts or had knowledge of those acts or other similar acts and after such knowledge retained the benefit, proceeds, profits or advantages accruing from those acts.
71 Del. Laws, c. 449, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6311. License requirements [For application of this section, see 79 Del. Laws, c. 161, § 5].

§ 6311. License requirements [For application of this section, see 79 Del. Laws, c. 161, § 5].
(a) In the event any dealer intends to change a licensed location, the dealer shall provide the Division of Motor Vehicles advance written notice. A successful inspection of the new location shall be required prior to approval of a change of location by the dealer. All requirements of § 6303 of this title shall be completed prior to final approval.
(b) Notwithstanding anything herein to the contrary, a recreational vehicle dealer may sell and display new and used recreational vehicles or recreational trailers at trade or public retail vehicle shows, rallies, or exhibitions, including those in enclosed malls, for up to 14 days per event, provided that:
(1) Delaware recreational vehicle dealers outside of their “area of sales responsibility,” as the term is defined in § 8402(1) of this title, do not exhibit, sell or offer for sale the same line-make of recreational vehicle or recreational trailers as a Delaware dealer whose area of sales responsibility encompasses the location of the recreational vehicle trade show or public retail vehicle show, or rally or exhibition, where the term “line-make” has the same meaning as defined in § 8402(7) of this title; and without the written permission of the dealer whose area of responsibility encompasses the show, rally, or exhibition site;
(2) An out-of-state recreational vehicle dealer, without an established place of business in Delaware, must meet all of the following conditions:
a. The dealer must be from a state contiguous to Delaware that permits Delaware dealers to participate in recreational vehicle trade shows, or public retail vehicle shows, or rallies, or exhibitions, including those in enclosed malls, in the dealer's state under conditions substantially equivalent to those imposed on out-of-state dealers by Delaware;
b. The dealer must be in compliance with the laws of the dealer's state of residence;
c. The recreational vehicle trade show or public retail vehicle show, or rally, or exhibition in which the dealer is participating must have a minimum of 3 participating dealers, the majority of which are from Delaware;
d. The dealer may not exhibit, sell, or offer for sale the same line-make of recreational vehicle or recreational trailers as a Delaware dealer who is participating in the same recreational vehicle trade show or public retail vehicle show, rally, or exhibition without the Delaware dealer's written permission, where the term “line-make” has the same meaning as defined in § 8402(7) of this title; and
(3) In the event that an out-of-state dealer is in violation of paragraph (b)(2) of this section, the affected in-state dealer may bring a cause of action pursuant to § 8411(c) of this title.
71 Del. Laws, c. 449, §  1;  79 Del. Laws, c. 161, §  2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6312. Issuance of dealer license [For application of this section, see 79 Del. Laws, c. 161, § 5].

§ 6312. Issuance of dealer license [For application of this section, see 79 Del. Laws, c. 161, § 5].
Upon receiving a dealer license application for approval, and satisfied that the applicant is of good character and, so far as can be ascertained, the applicant has complied with and will comply with, the laws of this and other states, the Department shall approve the application and issue a dealer license. A license entitles a dealer to carry on and conduct the business of a dealer during the calendar year in which the license is issued. Franchised new vehicle dealers must provide the Division a copy of the franchise agreement, or, in the case of a recreational vehicle dealer, a manufacturer-dealer agreement, prior to being licensed as a new vehicle dealer.
36 Del. Laws, c. 10, §  46;  Code 1935, §  5584;  21 Del. C. 1953, §  6302;  52 Del. Laws, c. 191;  65 Del. Laws, c. 79, §§  5-10;  71 Del. Laws, c. 449, §  1;  79 Del. Laws, c. 161, §  2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6315. Hearings.

§ 6315. Hearings.
(a) If the Division refuses an application for a license, denies a renewal of a license or proposes the suspension or revocation of a dealer's license, the Division shall provide a hearing when requested under § 6314 of this title. At the hearing the licensee shall have the right to be heard personally, by counsel or by its agent. The Director may initiate investigations, appoint a hearing officer and subpoena witnesses. After the hearing, the Director, upon receiving a decision from the hearing officer upholding the Division's position, may suspend or revoke a dealer's license, deny a renewal or refuse to approve an application. The Director shall consider prior to any suspension, revocation, denial of renewal or refusal to approve an application:
(1) The nature of the violation(s) and the dealer's willingness to make restitution to all parties harmed by dealership actions.
(2) The effect of the proposed action on the community.
The Director shall provide written notice to all parties involved of the decision by certified mail, return receipt requested. The decision is appealable to the Superior Court. Any appeal must be filed within 30 days of the earlier of the receipt of the decision by the dealer or the date of receipt of the return receipt by the Division.
(b) Should a dealer fail to maintain an established place of business, the Division may cancel the license without a hearing after notification of the intent to cancel has been sent by certified mail, to the dealer at the dealer's residence and business addresses, and the notices are returned undelivered or the dealer does not respond within 20 days from the date the notices were sent.
71 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6316. Return of license, dealer number plates, temporary license plates, and dealer reassignment forms.

§ 6316. Return of license, dealer number plates, temporary license plates, and dealer reassignment forms.
If the Division suspends, revokes or denies the renewal of the license of any dealer licensed under this chapter, the dealer immediately shall return the license, dealer number plates, temporary license plates and dealer reassignment forms belonging to the dealer. The Division may grant the licensee up to 30 days to dispose of vehicles belonging to the dealer.
71 Del. Laws, c. 449, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6317. Cease and desist orders and injunctive relief [For application of this section, see 79 Del. Laws, c. 161, § 5].

§ 6317. Cease and desist orders and injunctive relief [For application of this section, see 79 Del. Laws, c. 161, § 5].
In addition to the legal remedies provided for in this chapter, the Division of Motor Vehicles is authorized to issue cease and desist orders to any person, corporation, partnership, proprietorship or other legal entity who violates this chapter. The Division is also authorized to file a complaint for injunctive relief with the Court of Chancery upon notice that a cease and desist order is violated. The Chancery Court is authorized to award attorney fees and costs to the Division if a preliminary or permanent injunction is granted by the court. Nothing herein shall prevent the Attorney General from seeking any other civil remedy or criminal sanction for any conduct constituting a violation of this chapter.
71 Del. Laws, c. 449, §  1;  79 Del. Laws, c. 161, §  2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 63. SALE OF MOTOR VEHICLES › § 6318. Penalties.

§ 6318. Penalties.
(a) Whoever violates any provision of this chapter shall be guilty of an unclassified misdemeanor and shall be fined not less than $50 nor more than $575.
(b) Subsection (a) of this section shall not apply to violations for which penalties are prescribed elsewhere in this title.
36 Del. Laws, c. 10, §  49;  Code 1935, §  5587;  21 Del. C. 1953, §  6306;  68 Del. Laws, c. 9, §  56;  71 Del. Laws, c. 449, §  1;  73 Del. Laws, c. 407, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6401. Findings; purpose.

§ 6401. Findings; purpose.
The General Assembly hereby finds that purchasers when buying motor vehicles rely heavily on the odometer reading as an index of the condition and value of such vehicle; that purchasers are entitled to rely on the odometer reading as an accurate reflection of the mileage actually traveled by the vehicle; that an accurate indication of the mileage traveled by a motor vehicle assists the purchasers in determining its safety and reliability; and that motor vehicles move in the current of interstate and foreign commerce or affect such commerce. It is therefore the purpose of this chapter to prohibit tampering with odometers on motor vehicles and to establish certain safeguards for the protection of purchasers with respect to the sale of motor vehicles having altered or reset odometers.
62 Del. Laws, c. 255, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6402. Definitions.

§ 6402. Definitions.
As used in this chapter:
(1) “Dealer” or “dealership” means any person, corporation, partnership or limited partnership who has sold 5 or more motor vehicles within the 12 months preceding the date of a violation of this chapter.
(2) “Lessee” means any person, or the agent for any person, who has leased for a term of at least 4 months.
(3) “Lessor” means any person, or the agent for any person, who has leased 5 or more motor vehicles in the past 12 months.
(4) “Mileage” means actual distance that a vehicle has traveled.
(5) “Odometer” means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.
(6) “Repair and replacement” means to restore to a sound working condition by replacing the odometer or any part thereof by correcting what is inoperative.
(7) “Secure printing process or other secure process” means any process which deters and detects counterfeiting and/or unauthorized reproduction and allows alterations to be visible to the naked eye.
(8) “Transfer” means to change ownership of a motor vehicle by purchase, gift or any other means.
(9) “Transferee” means any person to whom ownership in a motor vehicle is transferred by purchase, gift or other means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee.
(10) “Transferor” means any person who transfers ownership of a motor vehicle by sales, gift or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferor.
62 Del. Laws, c. 255, §  1;  69 Del. Laws, c. 113, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6403. Unlawful devices.

§ 6403. Unlawful devices.
No person shall advertise for sale, sell, use or install or cause to be installed, any device which causes an odometer to register any mileage other than the true mileage traveled by a motor vehicle. For purposes of this section, the true mileage traveled by a motor vehicle is that mileage traveled by a motor vehicle as registered by the odometer within the manufacturer's designed tolerance.
62 Del. Laws, c. 255, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6404. Unlawful change of mileage.

§ 6404. Unlawful change of mileage.
(a) Unless otherwise provided in § 6406 of this title, no person shall disconnect, reset or alter or cause to be disconnected, reset or altered, the odometer of any motor vehicle.
(b) Unless otherwise provided in § 6406 of this title, no person shall disconnect, reset or alter or cause to be disconnected, reset or altered, the odometer of any motor vehicle with intent to change the number of miles indicated thereon.
62 Del. Laws, c. 255, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 64. ODOMETERS › § 6405. Possession with intent to defraud.

§ 6405. Possession with intent to defraud.
No person shall, with intent to defraud, possess a motor vehicle knowing that the odometer of such vehicle is disconnected or nonfunctional.
62 Del. Laws, c. 255, §  1;