2015 Delaware Code
Title 21 - Motor Vehicles
CHAPTER 41. RULES OF THE ROAD
Subchapter X Stopping, Standing and Parking
§ 4181 Summons for unattended vehicle; civil penalties.

(a) A summons in appropriate form to be adopted by the Department of Public Safety may be attached to an unattended vehicle found in violation of any of the provisions of this subchapter or of any local code or regulation regulating stopping, standing or parking by any officer authorized by this Code or local ordinance, code, or regulation to issue summonses for such violations.

(b) The Department of Public Safety may adopt a schedule of civil penalties, between a minimum of $11.50 and a maximum of $28.75, for all violations delineated in this subchapter.

21 Del. C. 1953, § 4179A; 56 Del. Laws, c. 138; 57 Del. Laws, c. 120; 57 Del. Laws, c. 670, §§ 13A, 13E; 63 Del. Laws, c. 350, § 4; 68 Del. Laws, c. 9, § 34; 74 Del. Laws, c. 110, § 138; 75 Del. Laws, c. 405, § 12.;

§ 4181A Establishment of voluntary assessment centers for payment of civil penalties for parking; payment by voluntary assessment; procedures for contesting; presumptions; failure to pay or contest.

(a) Establishment of municipal voluntary assessment centers. —

(1) An incorporated city or town may establish a voluntary assessment center for the payment of civil penalties for violations of their respective municipal ordinances, codes or regulations involving stopping, standing or parking.

(2) An incorporated city or town may, by ordinance, establish the amount of the civil penalty for each stopping, standing or parking offense.

(3) An incorporated city or town which establishes a voluntary assessment center may, by ordinance, provide for the imposition of 1 or more increases in the amount of the civil penalty if the fine is not timely paid.

(4) An incorporated city or town which establishes a voluntary assessment center may, by ordinance, provide for a reduction in the amount of the civil penalty due if such civil penalty is paid during a specified time period which is prior to the summons due date.

(b) Payment by voluntary assessment. — An owner or operator shall pay the amount on the summons to the voluntary assessment center listed on the summons, which center may be either a municipal voluntary assessment center or the Justice of the Peace Court Voluntary Assessment Center. No court costs or other administrative fee shall be assessed if a civil penalty is paid by voluntary assessment. In lieu of payment, an owner or operator may notify the applicable voluntary assessment center, within the time period specified on the summons, that such owner or operator requests a hearing in the Justice of the Peace Court.

(c) Presumptions. —

(1) If any vehicle found to be in violation of this subchapter or any ordinance, code or regulation regulating stopping, standing or parking is unattended at the time the violation is discovered and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held responsible for such violation, unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person. Such presumption shall be rebutted if the owner:

a. Prior to the due date furnishes to the voluntary assessment center either:

1. An affidavit stating that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person, or company who leased, rented or otherwise had the care, custody or control of the vehicle; or

2. Attaches a certified copy of a police report showing that the vehicle or license plate or plates thereof had been reported to the police as stolen prior to the time of the alleged violation; or

b. Provides proof in Court that the owner was not the operator of the vehicle at the time of the alleged violation.

(2) A summons may be issued by the prosecuting agency to a person identified by affidavit or evidence in court as the actual operator of the vehicle shown to have violated this subchapter or an ordinance, code or regulation regulating stopping, standing or parking. There shall be a presumption that the person so identified was the driver. The presumption may be rebutted as described in this subsection.

(d) Procedure for contesting. —

(1) A request for a hearing must be made no later than the due date indicated on the summons, which date shall not be sooner than 20 days from the date the summons was issued.

(2) The voluntary assessment center shall notify the Justice of the Peace Court when a hearing is requested. Such notification shall be in accordance with policies and procedures developed by the Justice of the Peace Court.

(e) Failure to pay or contest the violation. — If the owner or operator:

(1) Fails to respond to the summons on or before the due date in any of the manners permitted by this section, or

(2) Requests a hearing and fails to appear,

the Court may, upon motion, enter a default judgment against such owner or operator. However, when the default judgment is sought for a failure to respond to the summons, no default judgment shall be entered until notice by first class mail is sent by the Court to such owner or operator providing the owner or operator with 10 days to pay the civil penalty to the Court or request a hearing to contest the charge. A default judgment may include any applicable increases in the amount of the civil penalty for failure to timely pay or contest. The applicable city, county, or state agency may seek execution on any judgment entered by the Court.

In addition, the applicable city, county or state agency may tow the vehicle if it is located in its jurisdiction and levy on it for the amount of unpaid tickets plus towing charges.

75 Del. Laws, c. 405, § 13; 70 Del. Laws, c. 186, § 1.;