2014 Delaware Code
Title 21 - Motor Vehicles
CHAPTER 41. RULES OF THE ROAD
Subchapter I Obedience to and Effect of Traffic Laws
§ 4105. Persons and vehicles working on highways and utilities; exceptions

(a) Unless specifically made applicable, the provisions of this title, except those contained in subchapter IX of this chapter, shall not apply to persons, motor vehicles and other equipment while actually engaged in work upon a highway or in work upon utility facilities along a highway, so long as proper traffic-control devices are posted, but shall apply to such persons and vehicles when traveling to or from such work.

(b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by traffic-control devices.

(c) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of the Secretary of Public Safety.

(d) Traffic-control devices shall be used as required in the standards adopted under § 147 of Title 17. Failure to comply with this section shall be cause for immediate cessation of operations in the affected area and the immediate reopening of the highway in a safe manner.

(e) Failure to comply with the lawful order to effect immediate cessation of operations and the reopening of the highway shall subject the violator to a fine of not less than $115 nor more than $575.

(f)(1) The driver of a vehicle who violates any of the following sections of this title shall be fined not less than double the enumerated amount for a first offense when the violation occurs within any highway construction or maintenance area indicated by traffic-control devices:

a. Section 4102 of this title relating to obedience to traffic laws;

b. Section 4103 of this title relating to obedience to authorized persons directing traffic;

c. Section 4107 of this title relating to obedience to traffic-control devices;

d. Section 4110 of this title relating to flashing signals;

e. Section 4114 of this title relating to driving on the right side of roadway;

f. Section 4115 of this title relating to passing vehicles proceeding in opposite directions;

g. Section 4116 of this title relating to overtaking a vehicle on left;

h. Section 4117 of this title relating to when overtaking on the right is permitted;

i. Section 4118 of this title relating to limitations on overtaking on the left;

j. Section 4119 of this title relating to further limitations on driving to the left of center of roadway;

k. Section 4120 of this title relating to no-passing zones;

l. Section 4122 of this title relating to driving on roadways laned for traffic;

m. Section 4123 of this title relating to following too closely;

n. Section 4164 of this title relating to stop signs and yield signs;

o. Section 4168 of this title relating to general speed restrictions;

p. Section 4169 of this title relating to specific speed limits;

q. Section 4175 of this title relating to reckless driving;

r. Section 4176 of this title relating to careless or inattentive driving;

s. Section 4177 of this title relating to operation of vehicle while under the influence of alcohol and/or drugs;

t. Section 4178 of this title relating to stopping, standing or parking; and

u. Section 4184 of this title relating to limitations on backing.

(2) As used in this subsection, the phrase "within any highway construction or maintenance area indicated by traffic-control devices" shall mean that area between the first traffic-control device informing road users of their approach toward a work zone area until the last traffic-control device indicating all restrictions are removed and normal vehicle operations can resume. The phrase shall also include detour routes for highway construction or maintenance marked by traffic-control devices. "Traffic-control devices" and "work zone" shall have the same meaning as adopted pursuant to § 147 of Title 17, as amended. "Highway construction and maintenance area" shall also include construction and maintenance for utilities or railroads within or adjacent to the highway rights-of-way.

(3) Whenever practical, signs designed in compliance with regulations of the Department shall be appropriately placed to notify motorists that increased penalties apply for moving violations in construction or maintenance areas. However, the failure to post or an improper posting of such signs shall not be a defense to a violation of this section.

21 Del. C. 1953, § 4105; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 700, § 3; 67 Del. Laws, c. 342, § 1; 68 Del. Laws, c. 9, § 22.;