reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VI. Turning and Starting and Signals on Stopping and Turning › § 4154. Starting parked vehicles.

§ 4154. Starting parked vehicles.
No person shall cause a vehicle to be moved which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
21 Del. C. 1953, §  4154;  54 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VI. Turning and Starting and Signals on Stopping and Turning › § 4155. Turning movements and required signals.

§ 4155. Turning movements and required signals.
(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in § 4152 of this title, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway or turn so as to proceed in an opposite direction unless and until such movement can be made with safety without interfering with other traffic. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.
(b) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last 300 feet or more than 1/2 mile traveled by the vehicle before turning.
(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(d) The signals provided for in § 4156 of this title shall be used to indicate an intention to turn, change lanes or start from a parked position and shall not be flashed on 1 side only on a parked or disabled vehicle, or flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear.
21 Del. C. 1953, §  4155;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  37;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VI. Turning and Starting and Signals on Stopping and Turning › § 4156. Signals by hand and arm or signal device.

§ 4156. Signals by hand and arm or signal device.
(a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device, except as otherwise provided in subsection (b) of this section.
(b) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds 24 inches or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles.
21 Del. C. 1953, §  4156;  54 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VI. Turning and Starting and Signals on Stopping and Turning › § 4157. Method of giving hand and arm signals.

§ 4157. Method of giving hand and arm signals.
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
(1) Left turn. — Hand and arm extended horizontally.
(2) Right turn. — Hand and arm extended upward.
(3) Stop or decrease speed. — Hand and arm extended downward.
21 Del. C. 1953, §  4157;  54 Del. Laws, c. 160, §  1;  66 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 384, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VII. Special Stops Required › § 4161. Obedience to signal indicating approach of train or other on-track equipment, drawbridge, or automatic signal system controlling the flow of traffic.

§ 4161. Obedience to signal indicating approach of train or other on-track equipment, drawbridge, or automatic signal system controlling the flow of traffic.
(a) Whenever any person driving a vehicle approaches a railroad grade crossing, drawbridge or automatic signal system controlling the flow of traffic under any of the circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and may not proceed until the driver can do so safely. The foregoing requirements apply to all of the following:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment.
(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment.
(3) A railroad train or other on-track equipment approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train or other on-track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard.
(4) An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to such crossing.
(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
21 Del. C. 1953, §  4161;  54 Del. Laws, c. 160, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 362, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VII. Special Stops Required › § 4163A. Railroad crossing violations for operators of commercial vehicles only.

§ 4163A. Railroad crossing violations for operators of commercial vehicles only.
In addition to the existing railroad crossing violations in § 4163 of this title, the following railroad crossing infractions apply to commercial motor vehicle operators:
(1) Every commercial motor vehicle operator other than those listed in § 4163 of this title shall, upon approaching a railroad-highway grade crossing, do all of the following:
a. Slow down and check that the tracks are clear of an approaching train or other on-track equipment.
b. Stop before reaching the crossing if the tracks are not clear.
(2) The driver of a commercial motor vehicle shall obey a traffic control device and comply with a lawful order or direction of a police officer or other enforcement official who is guiding, directing, controlling, or regulating traffic at a railroad-highway grade crossing.
(3) The driver of a commercial motor vehicle may not cross a railroad-highway grade crossing unless the vehicle has sufficient undercarriage clearance.
(4) The driver of a commercial motor vehicle may not cross a railroad-highway grade crossing unless the vehicle has sufficient space and can be driven completely through the crossing without stopping.
77 Del. Laws, c. 311, §  9;  81 Del. Laws, c. 362, § 3;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VII. Special Stops Required › § 4164. Stop signs and yield signs.

§ 4164. Stop signs and yield signs.
(a) Except when directed to proceed by police officers or traffic-control devices, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a marked stop line, but if none, before entering the crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
(b) The operator of any vehicle who has come to a full stop as provided in subsection (a) of this section shall yield the right-of-way to any vehicle or pedestrian in the intersection or to any vehicle approaching on another roadway so closely as to constitute an immediate hazard and shall not enter into, upon or across such roadway or highway until such movement can be made in safety.
(c) Whenever a yield sign notifying drivers to yield the right-of-way has been erected, it shall be unlawful for a driver of any vehicle on the highway whose traffic is regulated by such a sign to fail to yield the right-of-way to any vehicle approaching on or from another highway or merging roadway or to a pedestrian legally crossing a roadway. If required for safety to stop, the stop shall be made at a marked stop line, but if none, before entering the crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. Any such driver having so yielded to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard or to a pedestrian legally crossing a roadway shall not enter into, upon or across such roadway or highway until such movement can be made in safety.
21 Del. C. 1953, §  4164;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  60 Del. Laws, c. 701, §  40;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VII. Special Stops Required › § 4165. Emerging from alley, driveway, private road or building.

§ 4165. Emerging from alley, driveway, private road or building.
The driver of a vehicle emerging from an alley, driveway, private road or building where there is no official traffic-control device shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway, driveway or private road and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and before entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.
21 Del. C. 1953, §  4165;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  41;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VII. Special Stops Required › § 4167. Moving heavy equipment at railroad grade crossings.

§ 4167. Moving heavy equipment at railroad grade crossings.
(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than 1/2 inch per foot of the distance between any 2 adjacent axles or in any event of less than 9 inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
(b) Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.
(c) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until the crossing can be made safely.
(d) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or car. If a flagger is provided by the railroad, movement over the crossing shall be under the flagger's direction.
21 Del. C. 1953, §  4167;  54 Del. Laws, c. 160, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VIII. Speed Restrictions › § 4168. General speed restrictions.

§ 4168. General speed restrictions.
(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and without having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway, in compliance with legal requirements and the duty of all persons to use due care.
(b) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an appropriate speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
21 Del. C. 1953, §  4168;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  43;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VIII. Speed Restrictions › § 4170. Speed limits set by local authorities.

§ 4170. Speed limits set by local authorities.
(a) Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the absolute speed permitted under this chapter is greater than is reasonable or safe under the conditions found to exist, such local authority, subject to subsection (c) of this section, shall determine and declare a reasonable and safe absolute speed limit, which shall be effective when appropriate signs giving notice thereof are erected.
(b) Local authorities in their respective jurisdictions may at their discretion, but subject to subsection (c) of this section, authorize by ordinance higher absolute speeds than those stated in this chapter upon through highways or upon highways or portions thereof where there are no intersections or between widely spaced intersections provided signs are erected giving notice of the authorized speed, but local authorities shall not modify or alter the basic rule set forth in § 4168(a) of this title.
(c) Alteration of absolute limits on state-maintained highways in any municipality by local authorities shall not be effective until such alteration has been approved by the Department of Transportation.
21 Del. C. 1953, §  4170;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  74 Del. Laws, c. 110, §  138;  79 Del. Laws, c. 224, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VIII. Speed Restrictions › § 4171. Minimum speed.

§ 4171. Minimum speed.
(a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
(b) A minimum speed limit, below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law, may be displayed on appropriate traffic-control devices.
21 Del. C. 1953, §  4171;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  60 Del. Laws, c. 700, §  8;  60 Del. Laws, c. 701, §  44;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VIII. Speed Restrictions › § 4172A. Malicious mischief by motor vehicle.

§ 4172A. Malicious mischief by motor vehicle.
(a) No person shall operate a motor vehicle in such a manner as to cause wilful, wanton or reckless damage to or destruction of property owned by another person, party, company or corporation.
(b) No owner or person in charge of a motor vehicle shall permit that motor vehicle or any motor vehicle under the person's control to be operated by another person in such a manner as to cause wilful, wanton or reckless damage to or destruction of property owned by another person, party, company or corporation, nor so as to cause or threaten to cause injury or death to any person.
(c) Whoever being an operator violates this section shall be guilty of an unclassified misdemeanor, and shall be fined for the first offense not less than $25 nor more than $200, or imprisoned not less than 10 days nor more than 30 days or both. Upon receiving the notice of such conviction, the Secretary shall forthwith suspend the driver's license of the person convicted, for a period of not longer than 6 months. For each subsequent like offense, the person shall be fined not less than $50 nor more than $400, or imprisoned not less than 15 days nor more than 60 days or both. Upon receiving a court record of conviction for a subsequent like offense, the Secretary shall suspend the driver's license for a 1-year period.
(d) Whoever being the owner or person in charge of a motor vehicle who permitted such motor vehicle to be operated in violation of this section shall be guilty of an unclassified misdemeanor, and shall be fined for the first offense not less than $28.75 nor more than $230, or imprisoned not less than 10 days nor more than 30 days or both. For each subsequent like offense the person shall be fined not less than $57.50 nor more than $460, or imprisoned not less than 15 days nor more than 60 days or both.
(e) This section shall apply to the operation of motor vehicles on public highways and elsewhere throughout the State.
60 Del. Laws, c. 702, §  4;  62 Del. Laws, c. 153, §  1;  68 Del. Laws, c. 9, §  30;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 60, §  13;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VIII. Speed Restrictions › § 4173. Speed and weight limits on elevated structures.

§ 4173. Speed and weight limits on elevated structures.
(a) No person shall drive a vehicle over any bridge or elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such bridge has traffic-control devices displayed.
(b) No person shall drive a vehicle over any bridge or elevated structure constituting a part of a highway when such vehicle's gross weight, including carried load, is greater than the maximum weight which can be maintained with safety to such bridge or structure, when such structure has traffic-control devices displayed.
(c) The existence of traffic-control devices shall be conclusive evidence of the maximum speed or gross weight, including carried load, which can, with safety to any such structures, be maintained thereon.
21 Del. C. 1953, §  4173;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  60 Del. Laws, c. 701, §  45;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VIII. Speed Restrictions › § 4174. Complaint and summons in speed violations.

§ 4174. Complaint and summons in speed violations.
In every charge of violation of any speed regulation in this chapter, except §§ 4168 and 4172 of this title, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the maximum or minimum speed applicable at the location.
21 Del. C. 1953, §  4174;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  46;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4175. Reckless driving.

§ 4175. Reckless driving.
(a) No person shall drive any vehicle in wilful or wanton disregard for the safety of persons or property.
(b) No person shall drive any vehicle on a public roadway at a speed of 90 miles an hour or more.
(c) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $100 nor more than $300, or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000, or be imprisoned not less than 30 nor more than 60 days, or both. No person who violates subsection (a) of this section shall receive a suspended sentence. However, for the first offense, the period of imprisonment may be suspended. Whoever is convicted of violating subsection (a) of this section and who has had the charge reduced from the violation of § 4177(a) of this title shall, in addition to the above, be ordered to complete a course of instruction or program of rehabilitation established under § 4177D of this title and to pay all fees in connection therewith. In such cases, the court disposing of the case shall note in the court's record that the offense was alcohol-related or drug-related and such notation shall be carried on the violator's motor vehicle record.
(d) Whoever violates subsection (b) of this section shall, unless suspended by the court:
(1) For a first offense, be fined not less than $150 nor more than $300, or be required to complete a traffic safety course approved by the Division of Motor Vehicles, or both.
(2) For a second offense committed within 3 years of a prior offense, be fined not less than $300 nor more than $800, or be required to perform at least 10 but not more than 30 hours of community service picking up litter along a public roadway, or both.
(3) For a third offense committed within 3 years of 2 prior offenses, be fined not less than $500 nor more than $1000, or be required to perform at least 30 but not more than 90 hours of community service picking up litter along a public roadway, or both.
21 Del. C. 1953, §  4175;  54 Del. Laws, c. 160, §  1;  65 Del. Laws, c. 503, §  19;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 315, §  6;  84 Del. Laws, c. 70, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4175A. Aggressive driving.

§ 4175A. Aggressive driving.
(a) No person shall drive any vehicle in an aggressive manner, as defined by this section, and such offense shall be known as aggressive driving.
(b) For purposes of this section, “aggressive manner” shall mean that an individual engages in continuous conduct which violates 3 or more of the following sections:
(1) Section 4107 of this title, relating to obedience to traffic-control devices;
(2) Section 4108 of this title, relating to traffic control signals;
(3) Section 4117 of this title, relating to overtaking on the right;
(4) Section 4122 of this title, relating to driving within a traffic lane;
(5) Section 4123 of this title, relating to following too closely;
(6) Section 4132 of this title, relating to yielding to the right-of-way;
(7) Section 4133 of this title, relating to vehicles entering the roadway;
(8) Section 4155 of this title, relating to use of turn signals;
(9) Section 4164 of this title, relating to stop signs and yield signs;
(10) Section 4166(d) of this title, relating to overtaking and passing school buses;
(11) Section 4168 of this title, relating to speed restrictions; and
(12) Section 4169, relating to specific speed limits.
(c) Whoever violates this section shall for the first offense be fined not less than $100 nor more than $300 or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000 or be imprisoned not less than 30 nor more than 60 days, or both, and the person shall have their driving privileges suspended for a period of 30 days.
(d) In addition to the penalties imposed pursuant to subsection (c) of this section, whoever violates this section shall be ordered to complete a course of instruction established by the Secretary to address behavior modification or attitudinal driving. The Secretary shall administer such courses and programs and adopt rules and regulations therefor, and shall establish a schedule of fees for enrollment in such courses and programs that shall not exceed the maximum fine imposed pursuant to subsection (c) of this section.
(e) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be prosecuted and convicted of both the offense of aggressive driving and 1 or more underlying offenses as defined elsewhere by the laws of the State.
72 Del. Laws, c. 216, §  1;  73 Del. Laws, c. 113, §  1;  74 Del. Laws, c. 285, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4176. Careless or inattentive driving.

§ 4176. Careless or inattentive driving.
(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing, shall be guilty of careless driving.
(b) Whoever operates a vehicle and who fails to give full time and attention to the operation of the vehicle, or whoever fails to maintain a proper lookout while operating the vehicle, shall be guilty of inattentive driving.
(c) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $75. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $50 nor more than $95.
(d) [Repealed.]
21 Del. C. 1953, §  4175A;  56 Del. Laws, c. 305;  60 Del. Laws, c. 701, §  47;  65 Del. Laws, c. 503, §  20;  68 Del. Laws, c. 9, §  31;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 464, §  1;  78 Del. Laws, c. 208, §§  8-10;  81 Del. Laws, c. 195, § 2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4176A. Operation of a vehicle causing death; unclassified misdemeanor.

§ 4176A. Operation of a vehicle causing death; unclassified misdemeanor.
(a) A person is guilty of operation of a vehicle causing death when, in the course of driving or operating a motor vehicle or OHV in violation of any provision of this chapter other than § 4177 of this title, the person's driving or operation of the vehicle or OHV causes the death of another person.
(b) Operation of a vehicle causing death is an unclassified misdemeanor.
(c) Notwithstanding any provision of law to the contrary, a person convicted of operation of a vehicle causing death shall for the first offense be fined not more than $1,150 and imprisoned not more than 30 months. For each subsequent conviction under this section the person shall be fined not more than $2,300 and imprisoned not more than 60 months.
(d) The Superior Court has original and exclusive jurisdiction over a violation of this section by a person 18 years of age or older. Notwithstanding any provision of law to the contrary, an offense which is within the original and/or exclusive jurisdiction of another court and which may be joined properly with a violation of this section is deemed to be within the original and exclusive jurisdiction of the Superior Court.
74 Del. Laws, c. 99, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4176B. Cell phone use by school bus drivers; penalties.

§ 4176B. Cell phone use by school bus drivers; penalties.
(a) No driver shall operate a school bus on any highway while using a cell telephone while such vehicle is in motion and such vehicle is transporting 1 or more children; provided, that this section shall not apply to communications made to and from a central dispatch, school transportation department or its equivalent when the bus is not equipped with a functioning 2-way radio.
(b) For the purposes of this section, “cell telephone” means a cellular, analog, wireless or digital telephone.
(c) Whoever violates this section shall for the first offense be fined not less than $50 nor more than $100. For each subsequent offense the person shall be fined not less than $100 nor more than $200 and shall have that person's school bus endorsement removed from that person's driver's license for a period of at least 6 months.
(d) It is an affirmative defense to prosecution under this section that the driver's use of a cell telephone was necessitated by a bona fide emergency.
74 Del. Laws, c. 318, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4176D. Operation of a motor vehicle during an emergency.

§ 4176D. Operation of a motor vehicle during an emergency.
(a) No person shall operate a motor vehicle on a highway, express highway, roadway or private road as defined in § 101 of this title when a Level 3 Driving Ban or a Level 2 Driving Restriction has been activated during an emergency, unless the person is a first responder, essential personnel, or a waiver has been granted, pursuant to § 3116(b)(12) of Title 20.
(b) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense, the person shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both.
77 Del. Laws, c. 447, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4177D. Courses of instruction; rehabilitation programs.

§ 4177D. Courses of instruction; rehabilitation programs.
The Secretary of the Department of Health and Social Services, through the Division of Substance Abuse and Mental Health, shall establish courses of instruction and programs of rehabilitation for persons whose drivers' licenses have been revoked for driving a vehicle while under the influence of alcohol or any drug, or both. The Secretary of the Department of Health and Social Services shall administer such courses and programs and adopt rules and regulations for such courses and programs. The Secretary of the Department of Health and Social Services shall establish a schedule of fees for enrollment in such courses and programs. The schedule of fees may not exceed the maximum fine imposed for an offense under § 4177 of this title. A person's successful completion of the Court of Common Pleas Driving Under the Influence Treatment Program is equivalent to a course of instruction or program of rehabilitation approved under this section.
61 Del. Laws, c. 474, §  2;  63 Del. Laws, c. 430, §  18;  64 Del. Laws, c. 13, §  19;  74 Del. Laws, c. 110, §  87;  79 Del. Laws, c. 378, §  4;  81 Del. Laws, c. 331, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4177H. Certification and approval of devices.

§ 4177H. Certification and approval of devices.
(a) The Division of Motor Vehicles shall adopt and publish rules setting forth the requirements for obtaining certification of an ignition interlock device. No ignition interlock device shall be certified unless it meets the requirements specified and published by the Division. Such requirements shall include provisions for setting a calibration range which complies with § 4177F of this title [repealed] and any other applicable law; and which shall include, but not be limited to, specifications that the device:
(1) Does not impede the safe operation of the vehicle;
(2) Has features that make circumvention difficult, but which do not interfere with the normal use of the vehicle; and
(3) Resists tampering, and shows evidence of tampering if tampering is attempted.
(b) The cost of certification shall be borne by each manufacturer of an ignition interlock device who desires to have such device certified in this State.
67 Del. Laws, c. 437, §  4;  79 Del. Laws, c. 396, §  2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4177I. Applicability of conforming statutes or ordinances.

§ 4177I. Applicability of conforming statutes or ordinances.
Any references to § 4177, § 4177A, § 4177B, § 4177C, § 4177D, § 4177E [repealed], or § 4177L of this title shall include all conforming statutes of any other state or the District of Columbia, or local ordinances in conformity therewith.
63 Del. Laws, c. 430, §  19;  64 Del. Laws, c. 13, §  20;  70 Del. Laws, c. 36, §  9;  79 Del. Laws, c. 396, §  2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4177J. Drinking while driving prohibited.

§ 4177J. Drinking while driving prohibited.
(a) No person shall consume an alcoholic beverage while driving a motor vehicle upon the highways of this State. “Consume,” as used in this subsection, shall mean the ingestion of a substance containing alcohol while in the act of operating a motor vehicle in the presence of, or in the view of, a police officer.
(b) Whoever violates this section shall be fined for the first offense not less than $25 nor more than $200. For each subsequent like offense occurring within 1 year of the previous offense, the person shall be fined not less than $50 nor more than $400.
66 Del. Laws, c. 366, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4177L. Driving by persons under the age of 21 after consumption of alcohol; penalties.

§ 4177L. Driving by persons under the age of 21 after consumption of alcohol; penalties.
(a) Whoever, being under the age of 21 years, drives, operates or has actual physical control of a vehicle, an off-highway vehicle or a moped while consuming or after having consumed alcoholic liquor shall have that person's driver's license and/or privileges revoked for a period of 2 months for the first offense and not less than 6 months nor more than 12 months for each subsequent offense. If the underage person does not have a driver's license and/or privileges, the person shall be fined $200 for the first offense and not less than $400 nor more than $1,000 for each subsequent offense.
(b) In any proceeding under this section, evidence may be admitted of the amount of alcohol in the blood or breath of such underage person as determined by a specimen taken within 4 hours of the time when such person is alleged to have driven, operated or been in control of a vehicle after having consumed alcoholic liquor as shown by an analysis of that person's breath, blood, urine, or saliva. Evidence that there was at the time of the test an alcohol concentration of .02 or more in that person's blood or breath is per se evidence that the person had consumed alcoholic liquor. “Alcohol concentration of .02 or more in that person's blood or breath” shall mean (1) an amount of alcohol in a sample of a person's blood equivalent to .02 or more grams of alcohol per hundred milliliters of blood; or (2) an amount of alcohol in a sample of a person's breath equivalent to .02 or more grams per 210 liters of breath. This provision shall not preclude a conviction based upon other admissible evidence.
(c) In addition to any other powers of arrest, any police officer is hereby authorized to arrest without a warrant any person who the officer has probable cause to believe has violated the provisions of this section, regardless of whether the alleged violation was committed in the presence of such officer.
(d) In addition to any penalty for a violation of subsection (a) of this section, the court shall order the person to complete a drug and alcohol evaluation and to complete a program of education or rehabilitation pursuant to § 4177D of this title.
70 Del. Laws, c. 36, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 450, §  1;  78 Del. Laws, c. 167, §  29;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IX. Reckless Driving; Driving While Intoxicated › § 4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs.

§ 4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs.
(a) No person shall drive, operate, or have actual physical control of a commercial motor vehicle with an alcohol concentration of .04 or more in that person's blood or breath or having used a controlled substance or any drug which impairs driving ability. Any person who violates this section shall be guilty of an unclassified misdemeanor, and shall be subject to the provisions of Chapter 26 of this title. Prosecution under this section does not preclude prosecution under any other section of the Code. “Alcohol concentration of .04 or more” shall mean:
(1) An amount of alcohol in a sample of a person's blood equivalent to .04 or more grams of alcohol per 100 milliliters of blood; or,
(2) An amount of alcohol in a sample of a person's breath equivalent to .04 or more grams per 210 liters of breath.
(b) In addition to any penalty for a violation of subsection (a) of this section, the court shall order the person to complete a drug and alcohol evaluation and to complete a program of education or rehabilitation pursuant to § 4177D of this title.
70 Del. Laws, c. 134, §  5;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 60, §  15;  78 Del. Laws, c. 167, §  30;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter X. Stopping, Standing and Parking › § 4178. Violations of offenses prohibiting stopping, standing or parking.

§ 4178. Violations of offenses prohibiting stopping, standing or parking.
Any violation of this subchapter or any municipal or county ordinance, code or regulation prohibiting stopping, standing or parking shall be subject to a civil penalty only. Such violation shall not be classified as a criminal offense and shall not qualify as a prior conviction for purposes of § 4218(c)(1)f. of Title 11, whether or not such violation occurred prior to July 10, 2006.
21 Del. C. 1953, §  4177;  54 Del. Laws, c. 160, §  1;  56 Del. Laws, c. 314;  60 Del. Laws, c. 701, §  50;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 405, §  7;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter X. Stopping, Standing and Parking › § 4180. Additional parking regulations; penalty.

§ 4180. Additional parking regulations; penalty.
(a) Except as otherwise provided in this section, every vehicle stopped or parked upon a 2-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or outside edge of the shoulder.
(b) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or outside edge of the shoulder, or its left wheels within 12 inches of the left-hand curb or outside edge of the shoulder.
(c) Local authorities within their respective jurisdictions may, by ordinance, permit angle parking on any highway, except that angle parking shall not be permitted on a federal aid or state highway unless the Department of Transportation has determined that the highway is of sufficient width to permit angle parking without interfering with the free movement of traffic on the roadway.
(d) The Department of Transportation may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where, in its opinion, such stopping, standing or parking is dangerous to those using the highways or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such prohibitions or restrictions may be declared to be effective either part or all of the time, and differing limits may be established for different times of the day, for different types of vehicles, for different weather conditions and when other significant factors differ.
(e) No person shall park a vehicle in any area owned by, leased by or under the control of a retail store and immediately adjacent to such retail store, when such area has been designated by the management of the retail store as a loading zone and is conspicuously marked as such.
(f) Whoever violates this section shall be assessed a civil penalty not less than $100 nor more than $500.
21 Del. C. 1953, §  4179;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §§  13A, 13D;  60 Del. Laws, c. 701, §  52;  61 Del. Laws, c. 168, §§  1, 2;  63 Del. Laws, c. 350, §  3;  75 Del. Laws, c. 405, §  11;  83 Del. Laws, c. 430, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter X. Stopping, Standing and Parking › § 4181. Summons for unattended vehicle; civil penalties.

§ 4181. Summons for unattended vehicle; civil penalties.
(a) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to an unattended vehicle found in violation of any of the provisions of this subchapter or of any local code or regulation regulating stopping, standing or parking by any officer authorized by this Code or local ordinance, code, or regulation to issue summonses for such violations.
(b) The Department of Safety and Homeland Security may adopt a schedule of civil penalties, between a minimum of $11.50 and a maximum of $28.75, for all violations under this subchapter.
21 Del. C. 1953, §  4179A;  56 Del. Laws, c. 138;  57 Del. Laws, c. 120;  57 Del. Laws, c. 670, §§  13A, 13E;  63 Del. Laws, c. 350, §  4;  68 Del. Laws, c. 9, §  34;  74 Del. Laws, c. 110, §  138;  75 Del. Laws, c. 405, §  12;  83 Del. Laws, c. 283, § 36;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter XI. Miscellaneous Rules › § 4182. Unattended motor vehicle.

§ 4182. Unattended motor vehicle.
(a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
(b) The requirements of subsection (a) of this section do not apply to an operator who starts the engine of a vehicle by using a remote starter or other similar device that remotely starts the vehicle's engine without placing the key in the ignition and requires the key to be placed in the ignition or physically present in the vehicle before the vehicle can be operated.
21 Del. C. 1953, §  4180;  54 Del. Laws, c. 160, §  1;  63 Del. Laws, c. 214, §  1;  81 Del. Laws, c. 158, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter XI. Miscellaneous Rules › § 4184. Limitations on backing.

§ 4184. Limitations on backing.
The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
21 Del. C. 1953, §  4181;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  53;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter XI. Miscellaneous Rules › § 4186. Obstruction to driver's view of driving mechanism.

§ 4186. Obstruction to driver's view of driving mechanism.
(a) No person shall drive a vehicle when it is so loaded or when there are in the front seat such a number of persons, exceeding 3, as to obstruct the view of the driver to the front or sides of the vehicles or as to interfere with the driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides or to interfere with the driver's control over the driving mechanism of the vehicle.
(c) Every person riding in a passenger car shall occupy a seating position designed and intended for that person's use.
21 Del. C. 1953, §  4183;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  55;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter XI. Miscellaneous Rules › § 4187. Coasting prohibited.

§ 4187. Coasting prohibited.
(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral.
(b) The driver of any motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.
21 Del. C. 1953, §  4184;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  56;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter XI. Miscellaneous Rules › § 4188. Following fire apparatus; driving vehicle over fire hose.

§ 4188. Following fire apparatus; driving vehicle over fire hose.
(a) No driver of any vehicle, other than on official business, shall follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within 500 feet where fire apparatus has stopped in answer to a fire alarm. No person shall be deemed to have violated this subsection with regard to parking if the act of parking was done prior to the giving of alarm of such fire.
(b) No person shall drive any vehicle over any line of hose which has been laid for the purpose of extinguishing a fire without the consent of the fire department official in command.
(c) Whoever violates this section shall be fined not less than $28.75 nor more than $115.
21 Del. C. 1953, §  4185;  54 Del. Laws, c. 160, §  1;  56 Del. Laws, c. 75;  60 Del. Laws, c. 701, §  57;  68 Del. Laws, c. 9, §  35;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter XI. Miscellaneous Rules › § 4190. Opening and closing vehicle doors.

§ 4190. Opening and closing vehicle doors.
No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
21 Del. C. 1953, §  4187;  54 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter XI. Miscellaneous Rules › § 4191. Trailers and towed vehicles.

§ 4191. Trailers and towed vehicles.
(a) No vehicle shall be driven upon any highway drawing or having attached thereto more than 1 other vehicle, provided that a vehicle with semitrailer may draw in addition thereto 1 other vehicle, and provided further that driveway operations in transit may transport by means of saddlemount and fullmount mechanisms, utilizing the motive power of 1 of the vehicles in combination. This subsection shall not apply to farm tractors.
(b) The draw bar or other connection between any 2 vehicles 1 of which is towing or drawing the other on a highway shall not exceed 15 feet in length from 1 vehicle to the other. Whenever such connection consists of a chain, rope or cable, there shall be displayed upon such connection a red flag or other signal or cloth not less than 12 inches both in length and width.
(c) It shall be unlawful to ride in a towed vehicle except when necessary to steer the towed vehicle.
(d) This section shall not apply to:
(1) Vehicles in a parade when the vehicles are drawn or towed at a speed of less than 20 miles per hour;
(2) Trailers which have been designed or modified to carry passengers for sightseeing or public transportation purposes provided that such activity complies with the requirements of the Transportation Authority as provided in Chapter 18 of Title 2.
21 Del. C. 1953, §  4189;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §§  58, 59;  61 Del. Laws, c. 318, §  1;  62 Del. Laws, c. 53, §  1;