reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2113A. Licensing Agents; service charge; regulations.

§ 2113A. Licensing Agents; service charge; regulations.
(a) The Department may authorize as many qualified persons as licensing agents as it deems necessary to effectuate the efficient distribution of boat registrations and boat ramp certificates. All new licensing agents shall be engaged in both retail sales and repairs of boats as a prerequisite for the issuance of boat registrations.
(b) Licensing agents may add a service charge to the required fee for a boat registration or boat ramp certificate, provided the service charge does not exceed $10 for a boat registration and $5.00 for a boat ramp certificate. Said service charge, if imposed, shall be posted by the licensing agent and shall be clearly visible to prospective purchasers.
(c) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.
71 Del. Laws, c. 443, §  7;  80 Del. Laws, c. 331, § 3;  84 Del. Laws, c. 27, § 1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2114. Regulations and standards.

§ 2114. Regulations and standards.
(a) The Department shall issue rules and regulations for all vessels using state waters in accordance with the safety procedures outlined by the United States Coast Guard and present federal law. Every vessel shall be provided with the equipment prescribed by current United States Coast Guard regulations or Department regulations, and any amendments or changes thereto. No person shall operate or give permission for the operation of a vessel which is not in accordance with the rules and regulations of the Coast Guard or the Department, and any vessel deemed unseaworthy by the Department or its agent shall not be operated on the waters of the State.
(b) The Department may issue regulations for the use, manufacture and sale of vessels to which this subchapter applies, with respect to:
(1) The registration, numbering and marking of undocumented vessels;
(2) Requirements for associated equipment;
(3) Boat and associated equipment standards;
(4) Operating requirements;
(5) Boating safety education; and
(6) Safety patrol and enforcement activity.
(c) The Department shall prescribe such rules and regulations as may be necessary concerning the reporting and investigation of casualties and accidents, including those vessels otherwise exempted.
23 Del. C. 1953, §§  2113, 2114;  52 Del. Laws, c. 154, §  4;  54 Del. Laws, c. 135;  57 Del. Laws, c. 739, §§  107, 108;  59 Del. Laws, c. 576, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2115. Applicability.

§ 2115. Applicability.
(a) This chapter shall apply to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of this State.
(b) This chapter, except those sections where the content expressly indicates otherwise, does not apply to:
(1) Foreign vessels temporarily using waters subject to state jurisdiction;
(2) Military or public vessels of the United States, except recreational-type public vessels;
(3) A vessel whose owner is a state or subdivision thereof, other than this State, which is used principally for governmental purposes, and which is clearly identifiable as such;
(4) A ship's lifeboats;
(5) Vessels for sale by authorized dealers, or for charter, livery or rent by authorized persons or agencies shall be subject to all requirements referred to in this subchapter.
(c) No vessel propelled safely by wind power or physical exertion shall be subject to the licensing and registration fee of this subchapter, but shall be subject to all safety requirements referred to in § 2114 of this title.
59 Del. Laws, c. 576, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2116. Operation of noncomplying vessels prohibited; careless operation; inattentive operation; reckless operation; assault by vessel in the second degree; assault by vessel in the first degree.

§ 2116. Operation of noncomplying vessels prohibited; careless operation; inattentive operation; reckless operation; assault by vessel in the second degree; assault by vessel in the first degree.
(a) No person shall use or give permission for the use of any vessel to which this subchapter applies, unless the vessel is in compliance with the requirements of this subchapter and the applicable standards and regulations promulgated under the authority of this subchapter.
(b) Notwithstanding § 2115(b) of this title, whoever uses a vessel or associated equipment in a careless or imprudent manner, or without due regard for the conditions then existing (i.e., visibility, weather, etc.), shall be guilty of careless operation.
(c) Notwithstanding § 2115(b) of this title, whoever uses a vessel and fails to give full time and attention to the operation of the vessel, or whoever fails to maintain a proper look-out while operating the vessel, shall be guilty of inattentive operation.
(d) Notwithstanding § 2115(b) of this title, whoever uses a vessel or associated equipment in wilful or wanton disregard for the safety of persons or property shall be guilty of reckless operation.
(e) Notwithstanding § 2115(b) of this title, a person is guilty of assault by vessel in the second degree when:
(1) While in the course of operating a vessel, the person's criminally negligent operation of said vessel causes serious physical injury to another person; or
(2) While in the course of operating a vessel and under the influence of alcohol or drugs, as defined by § 2301 of this title, the person's negligent operation of said vessel causes physical injury to another person.
Assault by vessel in the second degree is a class B misdemeanor.
(f) Notwithstanding § 2115(b) of this title, a person is guilty of assault by vessel in the first degree when while in the course of operating a vessel and under the influence of alcohol or drugs, as defined by § 2301 of this title, the person's negligent operation of said vessel causes serious physical injury to another person.
Assault by vessel in the first degree is a class F felony.
59 Del. Laws, c. 576, §  1;  67 Del. Laws, c. 216, §  1;  71 Del. Laws, c. 427, §§  2, 9;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2117. Release and use of information.

§ 2117. Release and use of information.
(a) Any person may request vessel numbering and registration information from the Department, if such is retrievable from the vessel numbering system records of the State. When the Department is satisfied that the request is reasonable and related to a boating safety purpose, the information shall be furnished upon payment by such person of the cost of retrieval and furnishing of the information requested.
(b) Boating accident reports, filed by those parties directly involved, and required under the authority of § 2114(c) of this title, are not public records available for public inspection or release. The fact that such reports have been made shall be admissible in evidence solely to show compliance with this section or regulations promulgated under the authority of § 2114(c) of this title. No such report nor any part thereof nor any statement contained therein shall be admissible as evidence for any purpose in any civil or criminal trial.
(c) Boating accident reports and any information compiled therefrom may be released to state and federal law-enforcement agencies and officials of the United States Coast Guard for analytical and statistical purposes at no cost.
(d) Any federal agency or agency of Delaware state government may request information from the Department concerning the registration of a vessel. After the Department receives such a request and the Department is satisfied that such a request is reasonable and related to a boating safety, law-enforcement or fishery management purpose, the Department may release information concerning the registration of a vessel. In each case where said information is released, the Department may seek reimbursement from the agency requesting the information for all costs incurred by the Department in connection with the gathering and transmitting of the information to the requesting agency.
(e) The Department may use or provide a contractor with vessel registration information for the following limited purposes:
(1) Retaining or recruiting boaters.
(2) Sustaining and increasing associated registration sales.
(f) Any contractor selected by the Department pursuant to subsection (e) of this section shall be subject to a confidentiality agreement that prevents the contractor from releasing, transferring, or using registration information for any other purposes.
59 Del. Laws, c. 576, §  1;  63 Del. Laws, c. 313, §  1;  80 Del. Laws, c. 106, §  3;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2118. Public facilities; administration and enforcement of subchapter.

§ 2118. Public facilities; administration and enforcement of subchapter.
(a) The Department shall maintain and improve public facilities for launching of vessels in all counties of the State.
(b) The Department shall assign a Boating Administrator who shall be qualified by training and experience to perform the duties of office. The Boating Administrator shall train and maintain a staff of Fish and Wildlife Agents who are capable of insuring compliance with state law and Department regulations of all vessels using, moored or anchored on state waters. The Boating Administrator shall train and maintain a clerical staff to operate the boating safety office and all boat registration offices. For the purpose of carrying out this subchapter, Fish and Wildlife Agents shall have all the powers of investigation, detention and arrest conferred by law on peace officers and constables. Such officers shall have the right to arrest with a warrant for violations or without a warrant for violations of such regulations committed in their presence.
(c) If a Fish and Wildlife Agent observes a boat being used without sufficient life-saving or fire-fighting devices or in overloaded or other unsafe condition as defined by state or federal law or Department regulations, and in Agent's judgment such use creates an especially hazardous condition, the agent may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended.
(d) Any person designated by the Secretary and empowered to enforce state laws and Department regulations and of any rule or regulation adopted pursuant thereto shall have the authority to stop and board any vessel subject to state laws or Department regulations for the purpose of inspection or determining compliance with the state laws or Department regulations. Vessels of law-enforcement personnel shall be marked to identify them as designated enforcement vessels.
(e) Enforcement personnel, whether in uniform or civilian clothes, shall give proper identification issued by the Secretary when boarding a vessel on waters of this State.
(f) Every vessel, if underway on the “waters of this State” and upon being hailed by a designated law-enforcement officer, shall stop immediately and lay to, or shall maneuver in such a way as to permit such officer to come ahead.
(g) The State Police shall have the same authority as Fish and Wildlife Agents in enforcement of this subchapter.
59 Del. Laws, c. 576, §  1;  70 Del. Laws, c. 105, §§  19, 20, 21;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 266, §  19;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2119. Annual appropriation.

§ 2119. Annual appropriation.
(a) For purposes of implementing this subchapter, there shall be appropriated annually the funds necessary to establish and maintain reasonable support in terms of equipment and personnel to carry out the purposes of this subchapter.
Such support shall be based on the utilization of a Boating Administrator, Fish and Wildlife Agents and the resources necessary to allow for 1 Fish and Wildlife Agent plus equipment and operating expenses for each 2,000 boats registered as of July 1 of the preceding year. Each Fish and Wildlife Agent shall receive an appropriate salary as set by the Department pursuant to the merit system.
(b) For purposes of implementing § 2118(a) of this title, there shall be appropriated not more than $2 annually for every boat registered as of July 1 of the preceding fiscal year.
59 Del. Laws, c. 576, §  1;  70 Del. Laws, c. 105, §  22;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2120. Regattas, motorboat races, marine parades, tournaments or exhibitions.

§ 2120. Regattas, motorboat races, marine parades, tournaments or exhibitions.
(a) The Department may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this State. It shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants. Whenever a regatta, motorboat race, or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall, at least 30 days prior thereto, file an application with the Department for permission to hold such regatta, motorboat race, or other boat race, marine parade, tournament or exhibition. The application shall set forth the date, time and location where it is proposed to hold such regatta, motorboat race or other boat race, marine parade, tournament or exhibition and it shall not be conducted without authorization of the Department in writing.
(b) This section shall not exempt any person from compliance with applicable federal law or regulation, but nothing contained in this subchapter shall be construed to require the securing of a state permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.
23 Del. C. 1953, §  2125;  52 Del. Laws, c. 154, §  15;  57 Del. Laws, c. 739, §  117;  59 Del. Laws, c. 576, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2121. Local regulations.

§ 2121. Local regulations.
(a) This subchapter and other applicable laws of this State shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessels shall be operated on the waters of this State, or when any activity regulated by this subchapter shall take place thereon; but nothing in this subchapter shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to this subchapter, amendments thereto or regulations issued thereunder; provided, however, that such ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to this subchapter, amendments thereto or regulations issued thereunder.
(b) Any subdivision of this State may, at any time, but only after public notice, make formal application to the Department for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which make such special rules or regulations necessary or appropriate.
(c) The Department shall make special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this State.
23 Del. C. 1953, §  2126;  52 Del. Laws, c. 154, §  16;  57 Del. Laws, c. 793, §  118;  59 Del. Laws, c. 576, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2122. Rules of the road.

§ 2122. Rules of the road.
The United States Coast Guard “Rules of the Road,” “International-Inland” and the “United States Coast Guard Regulations (pilot rules) for Inland Waters,” established pursuant thereto, and any amendments or changes thereto, shall be the state law on all “waters of the State,” unless modified by state law or Department regulations. Fish and Wildlife Agents and the State Police shall have the authority for enforcement of these rules on all waters of the State.
23 Del. C. 1953, §  2115;  52 Del. Laws, c. 154, §  5;  57 Del. Laws, c. 739, §  109;  59 Del. Laws, c. 576, §  1;  70 Del. Laws, c. 105, §  23;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2123. Vessel liveries.

§ 2123. Vessel liveries.
(a) The owner of a vessel livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by the owner to be operated as a motorboat or vessel, the identification number thereof and the departure date and time and the expected time of return. The record shall be preserved for at least 1 year. When boats are 3 hours overdue or at the close of the day, the owner shall notify the Division of Fish and Wildlife.
(b) Neither the owner of a vessel livery, nor an agent or employee, shall permit any motorboat or any vessel designed or permitted by the owner to be operated as a motorboat or vessel to depart from the owner's premises unless it shall have been provided, either by owner or renter, with the equipment required pursuant to this subchapter and any laws or regulations made pursuant thereto.
(c) Neither the owner of a vessel livery, nor an agent or employee, shall permit any motorboat or any vessel designed or permitted by the owner to be operated as a motorboat or vessel to depart from the owner's premises if, in the owner's opinion:
(1) The lessee is physically incapable of safely operating the motorboat or vessel; or
(2) The weather is prohibitive for safe operation.
23 Del. C. 1953, §  2121;  52 Del. Laws, c. 154, §  11;  59 Del. Laws, c. 576, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2124. Filing of regulations.

§ 2124. Filing of regulations.
A copy of the regulations adopted pursuant to this subchapter and any amendments thereto shall be filed in the office of the Secretary of State. This subchapter and the regulations of the Department shall be published by the Department in convenient form and distributed to or made available to all persons registering boats or vessels in Delaware or those operating boats or vessels in the waters of the State who request this information.
23 Del. C. 1953, §  2128;  52 Del. Laws, c. 154, §  18;  52 Del. Laws, c. 231, §  1;  57 Del. Laws, c. 739, §  119;  59 Del. Laws, c. 576, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2125. Penalties; jurisdiction.

§ 2125. Penalties; jurisdiction.
(a) Whoever violates any of the provisions of this chapter, except §§ 2113(e), 2116(b), (c), (d), (e) and (f), or any regulation promulgated thereunder, shall for the first offense be guilty of a class D environmental violation. For each subsequent like offense occurring within 12 months of a prior conviction, the person will be guilty of a class C environmental violation.
(b) Whoever violates § 2113(e) of this title shall be guilty of a class D environmental violation.
(c) Whoever violates § 2116(b) or (c) of this title shall be guilty of a class D environmental violation.
(d) Whoever violates § 2116(d) of this title shall be guilty of a class C environmental violation. For each subsequent like offense occurring within 3 years of a prior conviction, the person shall be guilty of a class B environmental misdemeanor. No person sentenced under this subsection as a repeat offender shall receive a suspended sentence.
(e) The Justice of the Peace Courts shall have jurisdiction over any violation of this chapter, with the exception of § 2116(f) of this title.
(f) Violations of Chapters 21, 22 and 23 of this title or department orders, rules or regulations promulgated to implement provisions of these chapters are designated as environmental misdemeanors and violations punishable pursuant to the sentencing categories set forth in § 1304 of Title 7.
23 Del. C. 1953, §  2130;  52 Del. Laws, c. 154, §  20;  53 Del. Laws, c. 27, §  8;  58 Del. Laws, c. 193;  58 Del. Laws, c. 239, §  1;  59 Del. Laws, c. 576, §  1;  71 Del. Laws, c. 427, §  3;  79 Del. Laws, c. 421, §  14;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2126. Arrest without warrants.

§ 2126. Arrest without warrants.
(a) Any Fish and Wildlife Agent or police officer of this State authorized to make arrests for violations of this title and regulations promulgated thereunder is further authorized to arrest a person without a warrant at the scene of a boating accident upon reasonable and probable cause to believe, based upon personal investigation which may include information obtained from eye witnesses, that a violation has been committed by any person then and there present.
(b) An arrest without a warrant is further authorized under this subsection:
(1) Whenever a subject voluntarily leaves the scene of the accident; and
(2) Whenever a suspect is removed from the scene of the accident for the purpose of receiving medical attention in which case the medical facility shall be considered as an extension of the scene of the accident.
(c) When a suspect has been initially detained by an active duty member of the United States Coast Guard, an arrest of that suspect without a warrant is authorized under this section, when based upon reasonable and probable cause, which shall include information obtained from the said active duty member of the United States Coast Guard, that the suspect had been operating a vessel while under the influence of alcohol or drugs in violation of this title.
68 Del. Laws, c. 67, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 22. BOATING SAFETY › Subchapter I. Personal Flotation Devices for Children › § 2201. Definitions.

§ 2201. Definitions.
(a) “Department” means the Department of Natural Resources and Environmental Control.
(b) “Operator” means that person in control or in charge of the vessel while the vessel is in use.
(c) “Recreational boat” means any vessel manufactured or used primarily for noncommercial use; or leased, rented or chartered to another for the latter's noncommercial use. Charter boats, head boats or other vessels under the command of a person who is licensed by the United States Coast Guard to carry passengers for hire shall be defined as commercial and therefore exempt from this definition of “recreational boat.”
(d) “Use” means operate, navigate or employ.
(e) “Vessel” includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water.
(f) “Waters of this State” means any waters within the territorial limits of this State, the marginal sea adjacent to this State and the high seas when navigated as part of a journey or ride to or from the shores of this State.
66 Del. Laws, c. 193, §  1;  69 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 22. BOATING SAFETY › Subchapter I. Personal Flotation Devices for Children › § 2202. Child safety on recreational boats.

§ 2202. Child safety on recreational boats.
(a) Every operator of a recreational boat shall be responsible for providing for the protection of any child 12 years of age or under by having any such child who is aboard a recreational boat upon the waters of this State, properly wear a Type I, II, III or V Coast Guard-approved personal flotation device which is in good serviceable condition and of the proper size. This section shall not apply to any child who is below deck or in an enclosed cabin or while said recreational boat is anchored or moored.
(b) Whoever violates subsection (a) of this section shall be guilty of a class D environmental violation. The failure to provide a flotation device for more than 1 child in the same recreational boat at the same time, as required by this section, shall be treated as separate offenses.
66 Del. Laws, c. 193, §  1;  69 Del. Laws, c. 60, §  2;  79 Del. Laws, c. 421, §  15;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 22. BOATING SAFETY › Subchapter II. Personal Watercraft › § 2211. Definitions.

§ 2211. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “Approved personal flotation device” shall mean any United States Coast Guard approved type I, II, III or V personal flotation device.
(2) “Headway speed” shall mean the minimum speed necessary to maintain steerage and control of a personal watercraft while such personal watercraft is moving.
(3) “Personal watercraft” shall mean any class A in-board vessel (less than 16 feet in length) as defined by the United States Coast Guard which uses either an internal combustion engine powering a water jet-pump or a propeller as its primary source of propulsion and which is designed to be operated either by a person or persons sitting, standing or kneeling on the vessel, or by a water skier via remote control, instead of in the conventional manner of vessel operation, such as riding in the vessel.
68 Del. Laws, c. 185, §  3;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 22. BOATING SAFETY › Subchapter II. Personal Watercraft › § 2213. Rentals of personal watercraft.

§ 2213. Rentals of personal watercraft.
(a) No person shall rent a personal watercraft to any person who does not hold a valid automobile driver's license.
(b) No person shall rent a personal watercraft to any person unless and until such personal watercraft is conspicuously marked with the word “rental” and such other markings as are designated by the Department of Natural Resources and Environmental Control.
(c) No person shall rent a personal watercraft to any person without explaining to the person the areas where the personal watercraft is and is not allowed to be operated. A printed map or chart of the area where the person is permitted to operate shall be provided by the person from whom the personal watercraft is rented.
(d) No person shall rent a personal watercraft to any person without providing, at the site where such personal watercraft is rented, a vessel equipped to render assistance, guidance and policing of rented personal watercraft.
(e) The Department of Natural Resources and Environmental Control shall prepare educational material setting forth excerpts from or a summary of the pertinent provisions of this subchapter and subchapter III of this chapter and information pertinent to personal watercraft safety. Any person who is in the business of renting personal watercraft shall be furnished this material without charge.
(f) No person who is in the business of renting personal watercraft shall rent a personal watercraft to any person without obtaining from such person a written acknowledgment that the educational material prepared by the Department of Natural Resources and Environmental Control pursuant to subsection (e) of this section has been read and understood.
68 Del. Laws, c. 185, §  3;  72 Del. Laws, c. 358, §§  4, 5;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 22. BOATING SAFETY › Subchapter II. Personal Watercraft › § 2214. Exceptions.

§ 2214. Exceptions.
The restrictions and prohibitions of this subchapter shall not apply to law-enforcement vessels operated by law-enforcement personnel in the performance of their duties, nor shall the provisions of this subchapter apply to any person engaged in a professional exhibition or participating in a regatta, race, marine parade, tournament or exhibition held in compliance with § 2120 of this title.
68 Del. Laws, c. 185, §  3;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 22. BOATING SAFETY › Subchapter II. Personal Watercraft › § 2215. Enforcement; penalties.

§ 2215. Enforcement; penalties.
(a) The Department of Natural Resources and Environmental Control shall be the State agency authorized to promulgate such rules and regulations as are necessary for the safe and proper administration of this subchapter.
(b) The State, each county within this State and each municipality within this State shall have concurrent authority to enforce, each within its respective jurisdiction, the provisions of this subchapter. All fines and penalties collected by a county or municipality as a result of the efforts of that county or municipality to enforce the provisions of this subchapter shall be paid to such county or municipality.
(c) Whoever violates any of the provisions of this subchapter or any regulation promulgated thereunder, shall for the first offense be guilty of a class D environmental violation. For each subsequent like offense occurring within 12 months of a prior conviction, the person shall be guilty of a class C environmental violation.
(d) The Justice of the Peace Courts shall have jurisdiction over any violation of this subchapter.
68 Del. Laws, c. 185, §  3;  71 Del. Laws, c. 427, §  5;  79 Del. Laws, c. 421, §  15;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 22. BOATING SAFETY › Subchapter III. Boating Safety Education › § 2221. Certificate of boating safety education.

§ 2221. Certificate of boating safety education.
(a) From and after January 1, 1994, except as provided in § 2222 of this subchapter, a person born on or after January 1, 1978, may not operate on the waters of this State a vessel required to be registered in this State or any other state, or documented by the United States Coast Guard, without first successfully completing a course of instruction prescribed by the Department and obtaining from the Department a certificate of boating safety education.
(b) Any certificate of boating safety issued by any state, and approved by the National Association of State Boating Law Administrators, shall be deemed to be sufficient compliance with the requirements of this section.
(c) A person who is subject to the provisions of subsection (a) of this section shall:
(1) Maintain in the person's possession, at all times while operating a vessel or recreational boat on the waters of this State, the certificate of boating safety education issued by the Department; and
(2) Upon demand of a Fish and Wildlife Agent or any other law-enforcement officer, show the certificate of boating safety education issued by the Department to such agent or officer.
(d) It shall be a defense to any charge under subsection (c) of this section if the person so charged produces in court a Certificate of Boating Safety Education theretofore issued to such person and valid at the time of arrest.
69 Del. Laws, c. 60, §  4;  70 Del. Laws, c. 105, §  24;  71 Del. Laws, c. 427, §  6;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 22. BOATING SAFETY › Subchapter III. Boating Safety Education › § 2222. Exemptions.

§ 2222. Exemptions.
The following persons shall be exempted from the requirements of this section:
(1) Any person who holds a valid Coast Guard captain's license; or
(2) Any person who holds a valid Delaware River and Bay pilot's license, or its equivalent from another jurisdiction.
69 Del. Laws, c. 60, §  4;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 22. BOATING SAFETY › Subchapter III. Boating Safety Education › § 2223. Powers and duties of the Department.

§ 2223. Powers and duties of the Department.
(a) The Department shall coordinate and provide a statewide course of instruction in boating safety education for certification, and insure that courses are available at regular intervals within each county.
(b) Any course of instruction in boating safety education offered by the Department is not required to consist of more than 6 classes, nor to exceed a cumulative total of 12 hours.
(c) Tests may be administered verbally when appropriate.
(d) The Department shall replace, free or at cost, a lost or destroyed boating safety certification originally issued by the Department.
69 Del. Laws, c. 60, §  4;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 22. BOATING SAFETY › Subchapter III. Boating Safety Education › § 2224. Validity of certificate.

§ 2224. Validity of certificate.
Once issued, the certification of boating safety education shall be valid for the lifetime of the person to whom it was issued and may not be revoked by the Department or a court of law.
69 Del. Laws, c. 60, §  4;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 22. BOATING SAFETY › Subchapter III. Boating Safety Education › § 2225. Penalties; jurisdiction.

§ 2225. Penalties; jurisdiction.
(a) Whoever violates § 2221(a) of this title shall be guilty of a class D environmental violation. For each subsequent like offense, the person shall be guilty of a class C environmental violation.
(b) Whoever violates § 2221(c) of this title shall be guilty of a class D environmental violation. For each subsequent like offense, the person shall be guilty of a class C environmental violation.
(c) The Justice of the Peace Courts shall have jurisdiction over any violation of this subchapter.
69 Del. Laws, c. 60, §  4;  71 Del. Laws, c. 427, §  7;  79 Del. Laws, c. 421, §  15;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 23. OPERATION OF A VESSEL OR BOAT WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND/OR DRUGS › § 2301. Definitions.

§ 2301. Definitions.
(a) “Alcohol concentration of 0.08 or more” shall mean:
(1) An amount of alcohol in a sample of a person's blood equivalent to 0.08 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 0.08 or more grams per 210 liters of breath.
(b) “Chemical test” or “test” shall include any form or method of analysis of a person's blood, breath or urine for the purposes of determining alcohol concentration or the presence of drugs which is approved for use by the Division of Forensic Science, the Delaware State Police Crime Laboratory, any state or federal law-enforcement agency, or any hospital or medical laboratory. It shall not, however, include a preliminary screening test of breath performed in order to estimate the alcohol concentration of a person at the scene of a stop or other initial encounter between a law-enforcement officer and the person.
(c) “Operating a vessel or vessel operation” shall include driving, operating or having actual physical control of a vessel or boat.
(d) “Prior or previous offense” shall mean:
(1) A conviction pursuant to this chapter, or a similar statute of any state, local jurisdiction or the District of Columbia, within 5 years immediately preceding the date of the present offense; or
(2) A conviction, under a criminal statute encompassing death or injury caused to another person by the person's operation of a vessel, where operating a vessel under the influence or with a prohibited alcohol concentration was an element of the offense.
For the purpose of computing the periods of time set out in § 2305 of this title, the period shall run from the date of the commission of the prior or previous offense to the date of the commission of the charged offense. In any proceeding under § 2305 of this title, a person may not challenge the validity of any prior or previous conviction unless that person first successfully challenges the prior or previous conviction in the court in which the conviction arose and provides written notice of the challenge in the present proceeding to the prosecution at least 20 days before trial.
(e) “Underway” shall be defined as any vessel which is not at anchor or made fast ashore.
(f) “Vessel” shall mean every device in, upon or by which any person may be transported upon the water excepting devices moved by human power.
(g) “While under the influence” shall mean that the person is, because of alcohol or drugs or a combination of both, less able than the person would ordinarily have been, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the operation of a vessel or boat.
67 Del. Laws, c. 216, §  2;  70 Del. Laws, c. 565, §  1;  75 Del. Laws, c. 437, §  1;  79 Del. Laws, c. 265, §  17;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 23. OPERATION OF A VESSEL OR BOAT WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND/OR DRUGS › § 2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs.

§ 2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs.
(a) No person shall motor, sail, row, operate, command or have actual physical control of any vessel or boat underway on Delaware waters:
(1) When the person is under the influence of alcohol;
(2) When the person is under the influence of a drug;
(3) When the person is under the influence of any combination of alcohol and any drug;
(4) When the person's alcohol concentration is 0.08 or more; or
(5) When the person's alcohol concentration is, within 4 hours after the time of vessel operation, 0.08 or more.
(b) Any person charged under subsection (a) of this section whose blood alcohol concentration is 8/1 0 0 of 1% or more by weight as shown by a chemical analysis of a blood, breath or urine sample taken within 4 hours of the alleged offense shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence.
(c) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
(d) It shall be an affirmative defense to a prosecution premised on paragraph (a)(5) of this section if the person proves by a preponderance of evidence that the person consumed a sufficient quantity of alcohol after the time of actual vessel operation and before any sampling to cause the person's alcohol concentration to exceed 0.08. Such evidence shall not be admitted unless notice of this defense is given to the prosecution at least 20 days before trial.
(e) The charging document may allege a violation of subsection (a) of this section without specifying any particular paragraph of subsection (a) of this section and the prosecution may seek conviction under any of the paragraphs of subsection (a) of this section.
67 Del. Laws, c. 216, §  2;  70 Del. Laws, c. 565, §§  2, 3;  75 Del. Laws, c. 437, §§  1, 2;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 23. OPERATION OF A VESSEL OR BOAT WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND/OR DRUGS › § 2304. Refusal to submit to chemical test.

§ 2304. Refusal to submit to chemical test.
(a) If any person requested refuses to submit to a chemical test pursuant to § 2303 of this title, after being informed of the penalty for said refusal, that person shall be prohibited from operating a vessel upon Delaware waters for a period of 1 year. This prohibition shall begin the day of said refusal.
(b) The Secretary of the Department shall notify in writing said persons of this prohibition and its duration and shall maintain a list of these individuals.
(c) Operation upon Delaware waters during the period of prohibition provided in subsection (a) of this section shall be punished by a fine of not less than $500 nor more than $2,000 and/or 30 days in jail.
67 Del. Laws, c. 216, §  2;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 23. OPERATION OF A VESSEL OR BOAT WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND/OR DRUGS › § 2306. Enforcement of chapter.

§ 2306. Enforcement of chapter.
In addition to any other powers of arrest, any law-enforcement officer is hereby authorized to arrest without warrant any person who the officer has probable cause to believe has violated the provisions of this chapter, regardless of whether the alleged violation was committed in the presence of such officer. This authority to arrest extends to any hospital or other medical treatment facility located beyond the territorial limits of the officer's jurisdiction provided there is probable cause to believe that the violation of this chapter occurred within the officer's jurisdiction. This authority to arrest also extends to any place where the person is found within 4 hours of the alleged operation of a vessel if there is reason to believe the person has fled the scene of an accident in which the person was involved, and provided there is probable cause to believe that the violation of this chapter occurred within the officer's jurisdiction.
67 Del. Laws, c. 216, §  2;  70 Del. Laws, c. 565, §  7;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 23. OPERATION OF A VESSEL OR BOAT WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND/OR DRUGS › § 2307. Persons qualified to administer tests.

§ 2307. Persons qualified to administer tests.
Any person qualified under § 2746 of Title 21 shall be qualified for the purposes of this chapter to withdraw blood from a person submitting to a chemical test or obtaining a specimen of breath or urine under this chapter.
67 Del. Laws, c. 216, §  2;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 23. OPERATION OF A VESSEL OR BOAT WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND/OR DRUGS › § 2308. Disposition of vessel and property.

§ 2308. Disposition of vessel and property.
(a) Where the only person on a vessel is an individual suspected of violating this chapter, the following procedure shall apply:
(1) The vessel shall be towed to a safe port and be secured.
(2) An inventory of the vessel's contents shall be made. The occupant of the vessel shall sign the inventory and receive a copy thereof.
(3) All contents of the vessel shall be secured on the boat whenever possible. If it is not possible to secure the contents on the vessel, the contents must be secured safely elsewhere.
(4) The vessel shall remain secured until the vessel's occupant or the occupant's designee is capable of assuming responsibility for the vessel.
(b) Where more than 1 person is on a vessel which has been stopped for a suspected violation of this chapter, the following procedure shall apply:
(1) The vessel shall be towed to a safe port and be secured unless there is a competent person on the vessel who is designated by the operator to take responsibility for the vessel.
(2) If there is no competent person on the vessel to operate it, the procedures set forth in subsection (a) of this section shall apply.
(c) A vessel shall be considered at “a safe port and be secured” if:
(1) The vessel is placed at a marina under a bailment contract with the marina operator, at the owner's expense. The marina operator must be paid a storage fee by the owner or operator upon release of the vessel. When a vessel is placed at a marina, the marina operator shall sign and receive a copy of the inventory of the vessel; or
(2) The vessel is transported to a state-operated facility.
(d) Where a vessel which has been stopped for a suspected violation of this chapter has been damaged or has caused damage as a result of its operation in violation of the chapter, the vessel may, at the direction of the investigating agency, be removed and impounded for evidentiary purposes. The vessel shall be inventoried pursuant to paragraph (a)(2) of this section, but the vessel shall not be released until evidentiary processing is completed.
67 Del. Laws, c. 216, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 24. EXEMPTIONS FROM CIVIL LIABILITY FOR RENDERING VESSEL TRAFFIC INFORMATION SERVICES › § 2401. Definitions.

§ 2401. Definitions.
As used in this chapter:
(1) The term “sponsors and operators” shall mean The Pilots' Association for the Bay and River Delaware and the Ports of Philadelphia Maritime Exchange.
(2) The term “watch officer” means any river pilot, licensed as such by any state, or any person otherwise certified by the sponsors and operators, and who is maintaining a vessel traffic watch at any designated vessel information traffic station serving the water within the Delaware River and Bay and their tributaries and approaches, including the Chesapeake and Delaware Canal or any other water within the territorial limits of the State.
68 Del. Laws, c. 46, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 24. EXEMPTIONS FROM CIVIL LIABILITY FOR RENDERING VESSEL TRAFFIC INFORMATION SERVICES › § 2402. Limitation of liability of watch officers and vessel traffic information service entities.

§ 2402. Limitation of liability of watch officers and vessel traffic information service entities.
(a) The liability of any watch officer who renders informational and/or communications assistance to vessels entering, leaving or transiting the Delaware River and Bay and their tributaries and approaches, including the Chesapeake and Delaware Canal or any other water within the territorial limits of the State for damages caused by or related to such assistance shall be limited to acts or omissions of such watch officer which can be shown to have been the result of gross negligence, reckless, wilful, wanton and/or intentional acts of misconduct on the part of such watch officer.
(b) The liability of The Pilots' Association for the Bay and River Delaware and the Ports of Philadelphia Maritime Exchange, which sponsor and operate the vessel traffic information service for damages caused by or related to such sponsorship or operation shall be limited to acts or omissions which can be shown to have been the result of gross negligence, reckless, wilful, wanton and/or intentional acts of misconduct on part of such sponsors and operators.
68 Del. Laws, c. 46, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 101. Objectives and functions.

§ 101. Objectives and functions.
The primary objective of the Board of Accountancy, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recipients of services regulated by this chapter) from unsafe practices, including incompetent auditing, accounting and tax services rendered by certificate and permit holders, and from occupational practices which tend to reduce competition or fix the price of services rendered. Secondary objectives of the Board include maintaining minimum standards of competency in accounting, auditing and tax services rendered by certificate and permit holders and maintaining minimum standards in the delivery of such services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence, shall monitor complaints brought against practitioners regulated by the Board, adjudicate such complaints at formal hearings, promulgate rules and regulations, and impose sanctions where necessary against practitioners.
71 Del. Laws, c. 139, §  1;