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2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter II. Traffic Signs, Signals and Markings › § 4107. Obedience to and required traffic-control devices.

§ 4107. Obedience to and required traffic-control devices.
(a) The driver of any vehicle shall obey the instructions of any traffic-control device applicable thereto placed in accordance with this title, unless otherwise directed as authorized in § 4103 of this title, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
(b) No provision of this chapter for which traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official traffic-control device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. This subsection shall not operate to relieve a driver of the duty to operate a vehicle with due regard to the safety of all persons using the highway.
(c) Whenever a particular section does not state that traffic-control devices are required, such section shall be effective even though no traffic-control devices are erected or in place.
(d) In the event a traffic-control signal is erected and maintained at a place other than an intersection, this title shall be applicable except as to those provisions which by their nature can have no application.
(e) Whenever traffic-control devices are placed in position approximately conforming to the requirements of this title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(f) Any traffic-control device placed pursuant to this title and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this title, unless the contrary shall be established by competent evidence.
21 Del. C. 1953, §  4107;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  60 Del. Laws, c. 701, §  10;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter II. Traffic Signs, Signals and Markings › § 4109. Pedestrian-control signals.

§ 4109. Pedestrian-control signals.
Whenever special pedestrian-control signals exhibiting the words or symbols “Walk” or “Don't Start” or “Don't Walk” are in place, such signals shall take precedence over pedestrian movements outlined in § 4108 of this title. Such signals shall apply as follows:
(1) “Walk” or flashing “Walk”. — Pedestrians facing such signals may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the driver of all vehicles.
(2) “Don't Walk” or flashing “Don't Walk” or “Don't Start”. — No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed crossing on the walk signal shall proceed to the nearest sidewalk or safety island.
21 Del. C. 1953, §  4109;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  12;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter II. Traffic Signs, Signals and Markings › § 4110. Traffic signals.

§ 4110. Traffic signals.
(a) Whenever a flashing red, yellow or green signal is used in a traffic signal or with a traffic sign, it shall require obedience by vehicle traffic as follows:
(1) Flashing red. — When a red lens is illuminated with intermittent flashes, drivers of vehicles shall stop before crossing the stop limit whether marked by a sign or painted line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop as at a stop sign.
(2) Flashing yellow or green. — When a yellow or green lens is illuminated with intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signals only with caution.
(b) In the event that flashing signals are in place and no lighted indication is visible to an approaching driver, the approaching driver shall reduce speed and prepare to yield to other vehicles in or approaching the intersection. If facing a stop sign, the approaching driver shall stop and proceed as from a stop sign.
(c) This section shall not apply at railroad grade crossings.
21 Del. C. 1953, §  4110;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  13;  67 Del. Laws, c. 46, §  72;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter II. Traffic Signs, Signals and Markings › § 4111. Display of unauthorized signs, signals or markings.

§ 4111. Display of unauthorized signs, signals or markings.
(a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal.
(b) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising, and no person shall attach to any traffic sign or signal any other sign containing commercial advertising.
(c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs, in compliance with § 1108 of Title 17.
(d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.
21 Del. C. 1953, §  4111;  54 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter II. Traffic Signs, Signals and Markings › § 4112. Interference with official traffic-control devices or railroad signs or signals or other street signs.

§ 4112. Interference with official traffic-control devices or railroad signs or signals or other street signs.
No person shall, without lawful authority, attempt to or, in fact alter, damage, deface, injure, twist, knock down, interfere with the operation of or remove any public roadway, bridge, drain, light, gate or traffic-control device, railroad sign or signal or other appurtenance or any inscription, shield or insignia thereon or any other part thereof or other type of highway signs erected by the State regardless of whether such sign is classified as regulatory or informational. Whoever violates this section shall, for the first offense, be fined not less than $57.50 nor more than $230, or imprisoned for not more than 10 days, or both. For each subsequent like offense committed within 2 years, the person shall be fined not less than $115 nor more than $460, or imprisoned for not more than 30 days, or both. Whoever violates this section shall in addition to any fine or incarceration make restitution to the State for actual costs incurred to replace the traffic-control device.
21 Del. C. 1953, §  4112;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  14;  62 Del. Laws, c. 383, §§  1-3;  68 Del. Laws, c. 9, §  23;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4114. Driving on right side of roadway; exceptions.

§ 4114. Driving on right side of roadway; exceptions.
(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
(3) Upon a roadway divided into 3 marked lanes for traffic under the rules applicable thereon; or
(4) Upon a roadway designated and signposted for one-way traffic.
(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(c) Upon any roadway having 4 or more lanes for moving traffic and providing for 2-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by signs or markings designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under this section. This subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road, driveway or highway.
21 Del. C. 1953, §  4114;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  15;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4115. Passing vehicles proceeding in opposite directions.

§ 4115. Passing vehicles proceeding in opposite directions.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than 1 line of traffic in each direction each driver shall give to the other at least one half of the main-traveled portion of the roadway as nearly as possible.
21 Del. C. 1953, §  4115;  54 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4116. Overtaking a vehicle or bicycle on the left.

§ 4116. Overtaking a vehicle or bicycle on the left.
The following rules shall govern the overtaking and passing of vehicles and bicycles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
(1) On a roadway with at least 2 travel lanes proceeding in the same direction and if a travel lane proceeding in the same direction exists to the left, the driver of the overtaking vehicle shall, yielding the right-of-way and proceeding with caution, move completely into the lane to the left before passing.
(2) On a roadway with only 1 travel lane proceeding in a given direction and where that travel lane is too narrow for an overtaking vehicle to travel safely side-by-side within the lane with the overtaken vehicle or bicycle, the driver of the overtaking vehicle shall move completely into the lane to the left before passing. The driver of the overtaking vehicle shall only make this movement if it can be accomplished while obeying the limitations described in §§ 4118 through 4120 of this title.
(3) On a roadway with only 1 travel lane proceeding in a given direction and where that travel lane is both wide enough for an overtaking vehicle to travel safely side-by-side within the lane with the overtaken vehicle or bicycle and where the vehicle or bicycle to be overtaken is also positioned in the right part of the lane leaving sufficient space for safe passing within the travel lane, the driver of the overtaking vehicle shall:
a. Reduce speed while passing in order to lessen the speed differential between the overtaking vehicle and the overtaken vehicle or bicycle;
b. Pass to the left of the overtaken vehicle or bicycle at a reasonable and prudent distance, which shall in any case never be less than 3 feet; and
c. Return to a normal position in the travel lane only when safely clear of the overtaken vehicle or bicycle.
(4) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle or operator of an overtaken bicycle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the vehicle or bicycle until completely passed by the overtaking vehicle.
(5) A person who violates this section by driving below the posted speed limit in the left lane of a multilane roadway when it impedes the ability of 1 or more vehicles to pass, except when such person is making a legal left turn or otherwise lawfully exiting the road to the left, shall be penalized as provided in § 4205 of this title.
21 Del. C. 1953, §  4116;  54 Del. Laws, c. 160, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 150, §  1;  78 Del. Laws, c. 395, §  1;  81 Del. Laws, c. 196, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4117. When overtaking on the right is permitted.

§ 4117. When overtaking on the right is permitted.
(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under conditions permitting such movement in safety. In no event, except as permitted in subsection (c) and (d) of this section, shall such movement be made by driving off the roadway, main traveled portion, or regular moving traffic lane of the highway.
(b) Overtaking and passing on the right, except as permitted herein, shall be unlawful:
(1) When the vehicle overtaken is making or about to make a left turn;
(2) Upon any roadway which is officially marked for more than 1 traffic lane in 1 direction;
(3) Upon any roadway on which traffic is restricted to 1 direction of movement and the roadway is of sufficient width for 2 or more lanes of moving vehicles.
(c) When the vehicle overtaken is making or about to make a left turn, the vehicle approaching from the rear may pass on the right using the shoulder if necessary.
(d) When the overtaking vehicle is a Delaware Department of Transportation authorized vehicle or an emergency vehicle, as defined in § 4106(e) of this title, responding to an emergency, the overtaking vehicle may pass on the right using the shoulder if necessary.
21 Del. C. 1953, §  4117;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  16;  81 Del. Laws, c. 182, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4118. Limitations on overtaking on the left.

§ 4118. Limitations on overtaking on the left.
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable.
21 Del. C. 1953, §  4118;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  17;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4119. Further limitations on driving to left of center of roadway.

§ 4119. Further limitations on driving to left of center of roadway.
(a) No vehicle shall be driven on the left side of the roadway under the following conditions:
(1) When approaching or upon a curve or the crest of a grade in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
(2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing, unless otherwise indicated by official traffic-control devices;
(3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
(b) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in § 4114(a)(2) of this title, nor to the driver of a vehicle turning left into or from an alley, private road, driveway or highway.
21 Del. C. 1953, §  4119;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  18;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4120. No-passing zones; exceptions.

§ 4120. No-passing zones; exceptions.
(a) The Department of Transportation is authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.
(b) Where signs or markings are in place to define a no-passing zone, no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length; except as follows:
(1) When reasonably necessary to avoid parked vehicles, pedestrians, animals, surface hazards or other obstructions on a roadway and where only 1 travel lane proceeding in a given direction exists but while still obeying the limitations described in §§ 4118 and 4119 of this title;
(2) When reasonably necessary to pass a vehicle or bicycle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing and where only 1 travel lane proceeding in a given direction exists but while still obeying the limitations described in §§ 4118 and 4119 of this title; or
(3) When making a left turn into or from an alley, private road, driveway or highway.
21 Del. C. 1953, §  4120;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  60 Del. Laws, c. 701, §§  19, 20;  81 Del. Laws, c. 196, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4121. One-way roadways and rotary traffic islands.

§ 4121. One-way roadways and rotary traffic islands.
(a) Upon a roadway where traffic-control devices establish one-way traffic, a vehicle shall be driven only in the direction designated. Such designation may be at all times or at such times as shall be indicated by traffic-control devices.
(b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
(c) A driver about to enter a rotary traffic island shall yield the right-of-way to any vehicles passing around it.
21 Del. C. 1953, §  4121;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  60 Del. Laws, c. 701, §  21;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4122. Driving on roadways laned for traffic.

§ 4122. Driving on roadways laned for traffic.
Whenever any roadway has been divided into 2 or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(2) Upon a roadway which is divided into 3 lanes for 2-way traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of oncoming traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively by traffic-control devices to traffic moving in the direction the vehicle is proceeding.
(3) Traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such traffic-control device.
(4) Traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.
21 Del. C. 1953, §  4122;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  22;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4123. Following too closely.

§ 4123. Following too closely.
(a) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
(b) The driver of any truck or vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district, and which is following another vehicle, shall, whenever conditions permit, leave sufficient space, but not less than 300 feet, so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles. Whoever violates this subsection shall, for the first offense, be fined not less than $28.75 nor more than $75. For each subsequent like offense within 2 years, the person shall be fined not less than $57.50 nor more than $95.
(c) Vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.
21 Del. C. 1953, §  4123;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  23;  62 Del. Laws, c. 140, §  1;  68 Del. Laws, c. 9, §  24;  78 Del. Laws, c. 208, §§  1-3;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4124. Driving on divided highways.

§ 4124. Driving on divided highways.
Whenever any highway has been divided into 2 or more roads by an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand road unless directed or permitted to use another road by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically authorized by public authority. The driver of a vehicle may turn left across a paved dividing space unless prohibited by an official traffic-control device.
21 Del. C. 1953, §  4124;  54 Del. Laws, c. 160, §  1;  56 Del. Laws, c. 313;  79 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III. Driving on Right Side of Roadway; Overtaking and Passing, etc. › § 4125. Turning off roadway by slow-moving vehicle.

§ 4125. Turning off roadway by slow-moving vehicle.
On a 2-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, behind which 5 or more vehicles are formed in line, shall turn off the roadway wherever sufficient area for a safe turnout exists, in order to permit the vehicles following to proceed. As used in this section, a slow-moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.
60 Del. Laws, c. 701, §  24;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III-A. Controlled-Access Highways › § 4126. Unlawful use of controlled-access highways; penalties.

§ 4126. Unlawful use of controlled-access highways; penalties.
(a) On any state highway designated by the Department of Transportation as a “controlled-access highway,” no person shall:
(1) Drive a vehicle over, upon or across any curb, central dividing section or other separation or dividing line;
(2) Make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation or line;
(3) Drive any vehicle except in the proper lane provided for that purpose in the proper direction in said lane;
(4) Drive any vehicle from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled-access facility proper;
(5) Drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established;
(6) Back a vehicle upon any shoulder or roadway;
(7) Operate or drive a bicycle, except where appropriately marked by the Department of Transportation;
(8) Operate or drive any nonmotorized vehicle or wagon;
(9) Lead or participate in a parade;
(10) Lead or participate in a convoy or procession, either walking or riding, except a riding funeral procession which proceeds at the prevailing rate of speed and which does not prevent or interfere with the entrance into or exit off of the controlled access highway by others;
(11) Walk as a pedestrian except to contact aid in the event of an accident, breakdown or other emergency;
(12) Operate a vehicle of any type or kind prohibited by traffic-control devices at the entrances;
(13) Disobey the restriction stated on any traffic-control device erected at the entrances.
(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $25 nor more than $75. For each subsequent like offense, the person shall be fined not less than $50 nor more than $95. Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this section.
21 Del. C. 1953, §  4126;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  58 Del. Laws, c. 381;  60 Del. Laws, c. 700, §  4;  60 Del. Laws, c. 701, §  26;  65 Del. Laws, c. 503, §  15;  67 Del. Laws, c. 90, §  1;  68 Del. Laws, c. 9, §  25;  69 Del. Laws, c. 243, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 208, §§  4-6;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter III-A. Controlled-Access Highways › § 4128. Delaware Memorial Bridge; toll evasion; payment of minimum fine before trial.

§ 4128. Delaware Memorial Bridge; toll evasion; payment of minimum fine before trial.
(a) No vehicle shall use any part of the Delaware Memorial Bridge, except upon payment of such tolls as may from time to time be prescribed by the Delaware River and Bay Authority.
(b) No person shall refuse to pay, evade or attempt to evade the payment of any such toll. Any such violation regarding the payment of tolls shall be an unclassified misdemeanor, and shall be punishable by a fine of not less than $25 nor more than $100, or imprisonment for not less than 10 nor more than 30 days, or both.
(c) Any person convicted under this section shall have the right of appeal as set forth in § 708 of this title.
(d) In the event of an arrest for a violation of this section, the person arrested shall be taken before a justice of the peace whose regular office is nearest to the place where such person was arrested. The person so arrested may elect to have the case tried and determined in the Court of Common Pleas and shall be advised of this privilege as set forth in § 5901 of Title 11.
(e) Any peace officer may stop and arrest, with or without a warrant, any person abroad who the police officer has reasonable grounds to suspect is committing, has committed or is attempting to commit a violation of this section.
(f) Any person arrested for violations of this section shall have the right to appear before the committing justice of the peace on or before the date and time set for trial and pay the minimum fine for each such offense or to mail the minimum fine to the committing justice of the peace provided that such remittance is mailed at least 2 days before the date set for trial. Court costs shall not be assessed if the fine is paid pursuant to this subsection, any statute or court rule of this State notwithstanding. The Court shall mail a receipt indicating the payment of a fine pursuant to this subsection if the person paying such fine makes a written request for a receipt and encloses a self-addressed envelope with postage affixed thereon.
(g) If any vehicle is witnessed by a police officer, toll collector or video surveillance device to be in violation of subsection (b) of this section and the identity of the operator is not apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered committed the violation.
(h) Any person who commits an act of offensive touching against a toll collector who is on duty, presents payment in the form of obviously unsanitary United States currency, or commits any act knowing that such act is likely to cause offense or alarm to a toll collector on duty is guilty of an unclassified misdemeanor.
60 Del. Laws, c. 555, §  2;  62 Del. Laws, c. 403, §  1;  65 Del. Laws, c. 503, §  16;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 174, §  1;  77 Del. Laws, c. 60, §  11;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IV. Right-of-Way › § 4130. Vehicle obstructing traffic.

§ 4130. Vehicle obstructing traffic.
No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians or railroad trains notwithstanding any traffic-control signal indication to proceed.
60 Del. Laws, c. 701, §  27;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IV. Right-of-Way › § 4131. Vehicle approaching or entering intersection.

§ 4131. Vehicle approaching or entering intersection.
(a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
(b) When 2 vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(c) The right-of-way rules declared in subsections (a) and (b) of this section are modified at through highways and otherwise as stated in this chapter.
21 Del. C. 1953, §  4131;  54 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IV. Right-of-Way › § 4132. Vehicle turning left.

§ 4132. Vehicle turning left.
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard.
21 Del. C. 1953, §  4132;  54 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IV. Right-of-Way › § 4133. Vehicle entering roadway.

§ 4133. Vehicle entering roadway.
The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.
21 Del. C. 1953, §  4133;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  28;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IV. Right-of-Way › § 4135. Entering or crossing divided highway from crossover or other intervening space between opposing lanes.

§ 4135. Entering or crossing divided highway from crossover or other intervening space between opposing lanes.
The driver of a vehicle about to drive onto or across a lane or lanes of a divided highway from the intervening space between opposing lanes where there is no official traffic-control device shall yield the right-of-way to any vehicle approaching on the divided highway.
21 Del. C. 1953, §  4135;  57 Del. Laws, c. 616.;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter IV. Right-of-Way › § 4136. Driving upon sidewalk or bicycle path by vehicles and bicycles.

§ 4136. Driving upon sidewalk or bicycle path by vehicles and bicycles.
(a) No person shall drive any motor vehicle upon a sidewalk or bicycle path or sidewalk area or bicycle path area except upon a permanent or duly authorized temporary driveway.
(b) A person riding a bicycle upon a sidewalk or bicycle path lawfully used by pedestrians shall give audible signal before overtaking and passing such pedestrian.
(c) A person shall not ride a bicycle upon a sidewalk in a business district, when use of a sidewalk is prohibited by official traffic-control devices or when a usable bicycle-only lane has been provided adjacent to the sidewalk.
60 Del. Laws, c. 701, §  29;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4140. Certain offenses not entered on motor vehicle record.

§ 4140. Certain offenses not entered on motor vehicle record.
Arrests and or convictions for offenses in §§ 4141, 4143, 4145-4150 of this title shall not be entered on a driver's motor vehicle record.
64 Del. Laws, c. 32, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4141. Pedestrian obedience to traffic-control devices and traffic regulations.

§ 4141. Pedestrian obedience to traffic-control devices and traffic regulations.
(a) A pedestrian shall obey the instructions of a traffic-control device specifically applicable to the pedestrian, unless otherwise directed by a police officer or uniformed adult school crossing guard. This section shall not operate to relieve the responsibilities and duties set forth in other sections of this subchapter.
(b) Pedestrians shall be subject to traffic and pedestrian control signals as provided in §§ 4108 and 4109 of this title.
(c) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.
21 Del. C. 1953, §  4141;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  30;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4142. Pedestrians' right-of-way in crosswalks.

§ 4142. Pedestrians' right-of-way in crosswalks.
(a) When traffic-control signals are not in place or not in operation or when the operator of a vehicle is making a turn at an intersection, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
(c) Subsection (a) of this section shall not apply under the conditions stated in § 4143(b) of this title.
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
21 Del. C. 1953, §  4142;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  31;  68 Del. Laws, c. 438, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4143. Crossing at other than crosswalks.

§ 4143. Crossing at other than crosswalks.
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
21 Del. C. 1953, §  4143;  54 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4144. Drivers to exercise due care.

§ 4144. Drivers to exercise due care.
Notwithstanding any other provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person, or a person wholly or partially blind, carrying a cane or walking stick white in color, or white tipped with red or accompanied by a guide dog upon a roadway.
21 Del. C. 1953, §  4144;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  32;  84 Del. Laws, c. 233, § 49;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4145. Pedestrians to use right half of crosswalks.

§ 4145. Pedestrians to use right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
21 Del. C. 1953, §  4145;  54 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4146. Pedestrians on highways; penalty.

§ 4146. Pedestrians on highways; penalty.
(a) Where a sidewalk is provided and is accessible, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk facing traffic only on a shoulder, as far as practicable from the edge of the roadway.
(c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and shall walk facing traffic.
(d) Except as otherwise provided in this chapter, any pedestrian upon a highway shall yield the right-of-way to all vehicles upon the highway.
(e) This section shall not require that pedestrians on one-way roadways of controlled-access highways walk facing traffic to the nearest emergency reporting device.
(f) Whoever violates this section shall for the first offense be fined not less than $10 nor more than $28.75. For each subsequent like offense, the person shall be fined not less than $25 nor more than $50.
(g) A foot race or walking event on a highway shall not be unlawful when the event has been approved by the Department or the local authorities in their respective jurisdictions. Approval of a foot race or walking event on a highway shall be granted only under conditions which ensure reasonable safety for all participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users. By agreement with the approving authority, participants in an approved foot race or walking event on a highway may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to ensure the safety of all highway users.
21 Del. C. 1953, §  4146;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 700, §  5;  65 Del. Laws, c. 503, §  17;  68 Del. Laws, c. 9, §  27;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 191, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4147. Pedestrians soliciting rides or business.

§ 4147. Pedestrians soliciting rides or business.
(a) No person shall stand in a highway for the purpose of soliciting any employment, business or contributions from the occupant of any vehicle.
(b) No person shall stand on or in proximity to a highway for the purpose of soliciting the watching or guarding of any vehicle while parking or about to be parked on a highway.
(c) No person shall stand in a highway for the purpose of soliciting a ride.
(d) No person shall at any time be jailed solely for violation of subsection (c) of this section.
(e) The prohibition against soliciting contributions contained in subsection (a) of this section shall not apply on the Saturday immediately prior to Father's Day each year to solicitations by charitable organizations, defined as those organizations previously qualified as such under the federal Internal Revenue Code [26 U.S.C. § 1 et seq.], when those solicitations take place only during daylight hours, at intersections with traffic control signals in place, using only existing median strips or other off-street facilities, using individuals no younger than 18 years of age to conduct the solicitation, without using any devices to alter or impede the traffic flow.
21 Del. C. 1953, §  4147;  54 Del. Laws, c. 160, §  1;  58 Del. Laws, c. 54, §  1;  60 Del. Laws, c. 700, §  6;  67 Del. Laws, c. 39, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4148. Carrying of lights or reflector device by pedestrians; penalty.

§ 4148. Carrying of lights or reflector device by pedestrians; penalty.
(a) No pedestrian shall walk upon any roadway or shoulders of any roadway of this State that is used for motor or vehicle traffic, beyond the corporate limits of any city or town, without carrying a lighted lantern, lighted flashlight or other similar light or reflector type device during the period of time from sunset to sunrise and at any other time when there is not sufficient light to render clearly visible any person or vehicle on the highway.
(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $2.30 nor more than $28.25. For each subsequent like offense within 1 year, the person shall be fined not less than $11.50 nor more than $28.25.
21 Del. C. 1953, §  4148;  54 Del. Laws, c. 160, §  1;  58 Del. Laws, c. 54, §  2;  65 Del. Laws, c. 353, §  1;  68 Del. Laws, c. 9, §  28;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4149. Walking on highways under influence of drugs or liquor.

§ 4149. Walking on highways under influence of drugs or liquor.
No person shall walk or be upon a highway of this State while under the influence of intoxicating liquor and/or narcotic drugs to a degree which renders the person a hazard.
21 Del. C. 1953, §  4149;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  33;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4150. Use of certain canes restricted to blind pedestrians.

§ 4150. Use of certain canes restricted to blind pedestrians.
No persons except those wholly or partially blind shall carry in a raised or extended position on any street or highway a cane or walking stick which is white in color or white tipped in red.
21 Del. C. 1953, §  4150;  54 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter V. Pedestrians’ Rights and Duties › § 4151. Pedestrians' right-of-way on sidewalks.

§ 4151. Pedestrians' right-of-way on sidewalks.
The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.
60 Del. Laws, c. 701, §  34;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VI. Turning and Starting and Signals on Stopping and Turning › § 4152. Required position and method of turning at intersections.

§ 4152. Required position and method of turning at intersections.
(a) The driver of a vehicle intending to turn at an intersection shall do so as follows:
(1) Right Turns. — Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(2) Left Turns on 2-Way Roadways. — At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center thereof and by passing to the right of such center line where it enters the intersection and, after entering the intersection, the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
(3) Left Turns on Other Than 2-Way Roadways. — At any intersection where traffic is restricted to 1 direction on 1 or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.
(b) Traffic-control devices may be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when traffic-control devices are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by traffic-control devices.
21 Del. C. 1953, §  4152;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  60 Del. Laws, c. 701, §  35;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 41. RULES OF THE ROAD › Subchapter VI. Turning and Starting and Signals on Stopping and Turning › § 4153. Limitations on turning around.

§ 4153. Limitations on turning around.
(a) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.
(b) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.
21 Del. C. 1953, §  4153;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  36;