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Legislative Council,
General Assembly
State of Delaware
Title 21
Motor Vehicles
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Title 21 - Motor Vehicles
Part I
General Provisions
Chapter 1
Definitions
§ 101. Words and phrases.
For the purposes of this title, unless the context otherwise clearly indicates:
(1) “All terrain vehicle” or “ATV” means an “off-highway vehicle” or “OHV” that is motorized and designed to travel on 4 lowpressure tires and having a seat to be straddled by the operator and handlebars for steering control. “ATV” does not include a farm
vehicle being used for farming, a vehicle used for military, fire, emergency or law-enforcement purposes, a construction or logging
vehicle used in performance of its common function, electric personal assistive mobility device or a registered aircraft.
(2) “Autocycle” means a 3-wheel vehicle that has a steering wheel and seating that does not require the operator to straddle or sit
astride it.
(3) “Automobile transporter” means any vehicle combination designed and used for the transport of assembled highway vehicles,
including truck camper units.
(4) “Axle load scale” means a scale having a platform adapted to determine the combined weight of all wheels on a single axle or
of all wheels on a tandem or tri-axle of a vehicle.
(5) “Bicycle” shall include that certain class of vehicles which are exclusively human-powered by means of foot pedals, which the
driver normally rides astride, which have not in excess of 3 wheels and which may be commonly known as unicycles, bicycles and
tricycles. The term “bicycle” also includes a 2- or 3-wheeled vehicle with fully operable pedals and an electric motor of less than 750
watts (1 horsepower), whose maximum speed on a paved level surface, when powered solely by such motor while ridden by an operator
who weighs 170 pounds, is less than 20 miles per hour.
(6) “Business district” means the territory contiguous to and including a highway when 50 percent or more of the frontage thereon
for a distance of 300 feet or more is occupied by buildings in use for business.
(7) “Camping trailer” includes any nonmotorized vehicular portable unit mounted on wheels and designed to provide temporary
living quarters for recreational, camping or travel use. A “camping trailer” may be constructed with or without collapsible partial side
walls that fold for towing by another vehicle and unfold in set-up mode, however, the trailer must weigh 5,000 pounds or less.
(8) “Certificate of origin” means the document, in the form prescribed by the Director of the Division of Motor Vehicles, issued
in conformance with this chapter certifying the manufacturer’s vehicle identification number and the motor number, when used, of
the motor vehicle sold, the name of the manufacturer, the manufacturer’s shipping weight, a general description of the body, if any,
and the type and model.
(9) “Chauffeur” includes every person who is employed for the principal purpose of operating a motor vehicle and every person who
drives a motor vehicle while in use as a public or common carrier of persons or property.
(10) “Combination of vehicles” means any series of trucks, truck tractors, trailers or semi-trailers connected to each other by whatever
means.
(11) “Commercial vehicle” means a vehicle of a type required to be registered under this title designed, used or maintained for the
transportation of persons or property for hire, compensation or profit, except taxicabs.
(12) “Competition vehicle” is a vehicle that is specifically designated by its manufacturer as being intended solely for use during a
special or competition event, and which is exclusively so used.
(13) “Covered heavy-duty tow and recovery vehicle” means any vehicle transporting a disabled vehicle from the place where the
disabled vehicle became disabled to the nearest appropriate repair facility and that has a gross vehicle weight that is equal to or exceeds
the gross vehicle weight of the disabled vehicle being transported.
(14) “Crane” means any self-propelled vehicle to which has been permanently mounted or attached any crane, whether or not such
vehicle was originally a truck, tractor or other type of motor vehicle or was designed and built as a complete crane unit; but the word
“crane,” as herein defined, shall not be construed to mean any truck or other vehicle equipped with or to which has been affixed any
device used for the purpose of providing a means for towing other vehicles.
(15) “Dealer” includes every person engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers
in this State and having an established place of business in this State.
(16) “Decal” means the self-adhesive sticker issued by the Department bearing the registration number assigned to an off-highway
vehicle.
(17) “Department” means the Department of Transportation of this State acting directly or through its duly authorized officers and
agents.
(18) “Electric personal assistive mobility device” (EPAMD) means a self-balancing, 2-nontandem-wheeled device designed to
transport only 1 person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.
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Title 21 - Motor Vehicles
(19) “Electronic” or “electronically” means relating to technology having electrical, digital, magnetic, wireless, optical,
electromagnetic or similar capabilities.
(20) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and
executed or adopted by a person with the intent to sign the record.
(21) “Essential parts” means all integral parts and body parts, the removal, alteration or substitution of which will tend to conceal
the identity or substantially alter the appearance of the vehicle.
(22) “Express highway” means a state highway especially designed for through traffic over which owners of abutting property shall
have no easement or right of direct access, light or air, by reason of the fact that such property abuts such highway.
(23) “Farm equipment” means an implement that:
a. Is designed and adapted only for agricultural, horticultural or livestock raising operations; or
b. Is designed and adapted only for lifting or carrying an implement described in paragraph (23)a. of this section.
(24) “Farm tractor” includes every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing
machines and other implements of husbandry.
(25) “Federal-aid primary system highway” includes any roadway designated by the United States Secretary of Transportation as
part of the federal-aid primary system in existence on June 1, 1991, as amended, that can safely accommodate the applicable vehicle
widths and lengths provided under 49 U.S.C. § 31111 and 49 U.S.C. § 31113.
(26) “Foreign vehicle” includes every motor vehicle, trailer or semitrailer which is brought into this State otherwise than in the
ordinary course of business by or through a manufacturer or dealer and which has not been registered in this State.
(27) “Highway” means the entire width between boundary lines of every way or place of whatever nature open to the use of the
public as a matter of right for purposes of vehicular travel, but does not include a road or driveway upon grounds owned by private
persons, colleges, universities or other institutions.
(28) “Intersection” means the area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary
lines of 2 or more highways which join one another at an angle, whether or not 1 such highway crosses the other.
(29) “Judgment” includes any judgment which has become final by expiration without appeal of the time within which an appeal
might have been perfected or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United
States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages, including damages
for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of
property, including the loss of use thereof or upon a cause of action on an agreement of settlement for such damages.
(30) “Jurisdiction” shall mean any state, territory or federal district of the United States or a foreign country.
(31) “License” means any license, temporary instruction permit or temporary license issued under the laws of this State pertaining
to the licensing of persons to operate motor vehicles.
(32) “Local authorities” includes every county, municipal and other local board or body having authority to adopt local police
regulations under the Constitution and laws of this State.
(33) “Manufacturer” includes every person engaged in the business of manufacturing motor vehicles, trailers or semitrailers or OHVs.
(34) “Metal tires” means all tires the surface of which on contact with the highway is wholly or partly of metal or other hard,
nonresilient material.
(35) “Mobile home” is a structure transportable in 1 or more sections, which in the traveling mode is 8 body feet or more in width
or 40 body feet or more in length, or when erected on-site, is more than 400 square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the
plumbing, heating and air conditioning. The structure must be constructed in accordance with construction requirements promulgated
by the federal Department of Housing and Urban Development (HUD).
(36) “Moped” shall mean a pedal or nonpedal bicycle having 2 tandem wheels, either of which is 10 inches or more in maximum
diameter, and having an internal combustion motor characterized in that the maximum piston displacement is less than 55 cc, or an
electric motor rated between 751 watts and 2,000 watts.
(37) “Motorcycle” includes every motor vehicle designed to travel on not more than 3 wheels in contact with the ground, except
any such vehicle as may be included within the definition of “autocycle” or “tractor” and excepting electric personal assistive mobility
device (EPAMD).
(38) “Motorized skateboard or scooter” means any device that is designed to travel on at least 2 wheels with the deck or chassis of
such device open and close to the ground, that has handlebars or a hand-controlled throttle or brake, that is designed to be stood or sat
upon by the operator, and that is powered by a motor that is capable of propelling the device without human propulsion. “Motorized
skateboard or scooter” shall not include any automobile or device that is included within the definitions of “moped,” “motorcycle,”
“off-highway vehicle (OHV),” any type of “tractor,” “triped,” “motorized wheelchair” or “electric personal assistive mobility device
(EPAMD)” set forth in this section.
(39) “Motorized wheelchair” includes any self-propelled vehicle which is incapable of a speed in excess of 8 miles per hour and
which is designed for, and used by, a handicapped person.
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Title 21 - Motor Vehicles
(40) “Motor vehicle” includes every vehicle, as defined in this section, which is self-propelled, except farm tractors, electric personal
assistive mobility devices and OHVs.
(41) “Multiple draft weighting” means separately weighing each end or individual element of a vehicle or combination of vehicles
and adding together the results obtained.
(42) “Natural gas vehicle” means a vehicle operated by an engine that is fueled primarily by natural gas.
(43) “Nonresident” means every person who is not a resident of this State.
(44) “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of this State pertaining to the
operation by the nonresident of a motor vehicle or OHV, or the use of a motor vehicle or OHV owned by the nonresident, in this State.
(45) “Off-highway vehicle” or “OHV” means a motor driven off-road vehicle capable of cross-country travel without benefit of a
road or trail, on or immediately over land, snow, ice, marsh, swampland or other natural terrain. It includes, but is not limited to, a
multi-wheel drive or low pressure tire vehicle, a motorcycle or related 2-wheel vehicle, an amphibious machine, a ground effect aircushion vehicle or other means of transportation deriving motive power from a source other than muscle or wind. “OHV” does not
include a farm vehicle being used for farming, a vehicle used for military, fire, emergency or law-enforcement purposes, a construction
or logging vehicle used in performance of its common function, electric personal assistive mobility device or a registered aircraft.
However, nothing in this chapter shall be construed to include snowmobiles.
(46) “OHV dealer” includes every person engaged in the business of buying, selling or exchanging off-highway vehicles in that
portion of this State located north of the Chesapeake and Delaware Canal. Persons offering OHVs for final delivery in that portion of
this State located north of the Chesapeake and Delaware Canal through direct-mail order or through a catalog-order facility, regardless
of where located, are considered to be OHV dealers and subject to this chapter.
(47) “OHV operator” includes every person who is in actual physical control of an off-highway vehicle.
(48) “Operator” includes every person who is in actual physical control of a motor vehicle upon a highway, except that for the
purposes of Chapter 29 of this title the term “operator” shall include a chauffeur.
(49) “Organized or special event” is any competition involving motor vehicles that is conducted under the auspices of a recognized
sanctioning body or under the authority of a governmental agency having jurisdiction over the area concerned.
(50) “Overweight vehicle” means any vehicle having a gross weight, including load thereon, in excess of that permitted by law;
including, but not limited to, a gross weight in excess the weight for which a valid registration has been issued.
(51) “Owner” means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the
conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession
then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this title.
(52) “Park trailer” is a vehicle more than 8 body feet in width that is primarily designed to provide temporary living quarters for
recreation camping or seasonal use; built on a single chassis mounted on wheels which has a gross trailer area not exceeding 400 square
feet in the set-up mode and is certified by the manufacturer as complying with ANSI 119.5 standard.
(53) “Person” means any individual, partnership, corporation, joint venture or legal entity of whatever nature.
(54) “Pneumatic tires” means all tires inflated with compressed air.
(55) “Private road or driveway” includes every road or driveway not open to the use of the public for purposes of vehicular travel.
(56) “Proof of financial responsibility” means proof of ability to respond in damages for liability on account of accidents occurring
subsequent to the effective date of said proof arising out of ownership, maintenance or use of a motor vehicle in the amount of $25,000
because of bodily injury to or death of 1 person in any 1 accident, and, subject to such limit for 1 person, in the amount of $50,000
because of bodily injury to or death of 2 or more persons in any 1 accident and in the amount of $10,000 because of injury to or
destruction of property of others in any 1 accident, or a combined single limit of $60,000.
(57) “Reconstructed vehicle” means any vehicle which has been assembled or constructed largely by means of essential parts, new or
used, derived from other vehicles or makes of vehicles of various names, models and types, or which, if originally otherwise constructed,
has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived
from other vehicles or makes of vehicles.
(58) “Recreational trailer” includes every trailer which weighs more than 5,000 pounds, is designed to provide temporary living
quarters and which is built into and is an integral part of, or permanently attached to, a trailer chassis. The trailer must contain
permanently installed independent life support systems which meet the ANSI/NFPA 501 C Standard [ANSI A119.2/NFPA 501C],
and provide at least 4 of the following facilities: Cooking facilities; refrigeration or ice box; self-contained toilet; heating and/or air
conditioning; a portable water supply system, including a faucet and sink; separate 110-125 volt electrical power supply; or an LPgas supply.
(59) “Recreational vehicle” includes every motor vehicle used for temporary human living quarters, not the residence of the owner
or occupant, and used for recreational or vacation activities, including motor homes, self-propelled campers and other motor vehicles
with permanently attached camper components. Recreational vehicle may also include every van which is used primarily for personal
pleasure and not for commercial use, regardless of the equipment or furnishings contained within such van.
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Title 21 - Motor Vehicles
(60) “Registration” means the registration certificate or certificates and registration plates issued under the laws of this State
pertaining to the registration of motor vehicles.
(61) “Residence district” means the territory contiguous to and including a highway not comprising a business district where 50
percent or more of the property on such highway for a distance of 300 feet or more is improved with residences or residences and
buildings in use for business.
(62) “Right-of-way” means the privilege of the immediate use of the highway.
(63) “Road tractor” includes every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry
any load thereon independently or any part of the weight of a vehicle or load so drawn.
(64) “Roadway” means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm
or shoulder. In the event a highway includes 2 or more separate roadways, the term “roadway” as used herein shall refer to any such
roadway separately but not to all such roadways collectively.
(65) “Safety zone” means the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so
plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.
(66) “Scale” means a device used to determine or calculate weight.
(67) “School bus” means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from
home to school, from school to home, or to and from school-sponsored events, or any vehicle which meets the regulatory requirements
adopted by the Department of Education with the advice of the Division of Motor Vehicles as specified under § 2901 of Title 14.
“School bus” does not include a bus used as a common carrier.
(68) “Secretary” means the Secretary of Transportation of this State or the Secretary’s duly authorized designee.
(69) “Semitrailer” includes every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part
of its own weight and that of its own load rests upon or is carried by another vehicle, and piling and pole trailers are to be considered
to fall within the meaning of this definition.
(70) “Single draft weighing” means weighing of the entire vehicle at 1 time by use of vehicle scales, axle load scales, wheel load
weighers or any combination of these weighing devices.
(71) “Solid rubber tire” includes every tire made of rubber other than a pneumatic tire.
(72) “Special construction equipment” means every vehicle not designed or used primarily for the transportation of persons or
property and only incidentally operated or moved over a highway, including but not limited to: Ditch-digging apparatus, well-boring
apparatus, road construction or maintenance machinery such as asphalt spreaders, air compressors and drills, bituminous mixers, bucket
loaders, tractors other than truck tractors, levelling graders, finishing machines, road rollers, scarifiers, earth-moving scrapers and
carryalls, welders, power shovels and drag lines, self-propelled cranes, earth-moving equipment and construction box storage trailers
(except when such trailers are used for transporting merchandise). The term does not apply to dump trucks, truck mounted transit mixers,
tow trucks or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.
(73) “Specialized vehicle” shall mean a vehicle or motor vehicle which may be registered by the Division of Motor Vehicles, but
with special restrictions as determined by the Division of Motor Vehicles.
(74) “Specially constructed vehicle” means any vehicle which has not been originally constructed under a distinctive name, make,
model or type by a generally recognized manufacturer of vehicles.
(75) a. “Special mobile equipment” means a motor vehicle that:
(1) Is not used primarily for highway transportation of people or property;
(2) Is operated or moved on a public highway or road only as an incident to its nonhighway use;
(3) Is used in agriculture;
(4) Is not operated at speeds greater than 30 miles per hour on the highway; and
(5) Does not travel a distance of greater than 50 miles on the highway on any 1 trip.
b. “Special mobile equipment” excludes a road construction or maintenance machine, mobile crane, ditch digger, well driller,
concrete mixer, job-site office vehicle or portable power generator.
(76) “State” includes a state, territory, organized or unorganized, or district of the United States of America, except that for the
purposes of Chapter 29 of this title the term “state” shall include any province of the Dominion of Canada.
(77) “Taxicab” includes every self-propelled motor vehicle as defined in § 1801(12) of Title 2.
(78) “Trackless trolley coach” includes every device for passenger transportation (commonly called an electric trackless trolley
coach) equipped with tires of rubber or other resilient material, not operated on rails, propelled by electrical energy supplied through
overhead wires, which device may also contain auxiliary means for self-propulsion by a motor using gasoline, oil or other similar fuel.
(79) “Trackless trolley operator” includes every person who is in actual physical control of any trackless trolley coach upon a
highway.
(80) “Trailer” includes a mobile home, park trailer, travel trailer, house trailer, office trailer, camping trailer or any vehicle without
motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.
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Title 21 - Motor Vehicles
(81) “Transporter” means every person engaged in the business of delivering vehicles of a type to be registered under this title from
a manufacturing, assembling and distributing plant to a point of destination or for the purpose of weighing, testing, transporting or
delivering such vehicle or for the purpose of moving said vehicles in connection with making installations thereon or improvements
or repairs thereto or the repossession or foreclosure thereof.
(82) “Triped” shall mean a pedal or nonpedal cycle having 3 wheels, either of which is 10 inches or more in maximum diameter, and
having an internal combustion motor characterized in that the maximum piston displacement is less than 55 cc, or an electric motor
rated between 751 watts and 2,000 watts.
(83) “Truck camper” includes any portable unit that is constructed to provide temporary living quarters for recreational, camping or
travel use, consisting of a roof, floor and sides, which is designed to be loaded onto and unloaded from the bed of a pickup truck.
(84) “Truck tractor” includes every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as
to carry a load other than a part of the weight of the vehicle and load so drawn.
(85) “Used vehicle” includes every motor vehicle or OHV which has been sold, bargained, exchanged, given away or title transferred
from the person who first acquired it from the manufacturer or importer, dealer or agent of the manufacturer or importer and so used
as to have become what is commonly known as “secondhand” within the ordinary meaning thereof.
(86) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public
highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks and excepting electric trackless
trolley coaches, electric personal assistive mobility devices and excepting OHVs.
(87) “Vehicle scale” means a scale adapted to weighing highway vehicles and possessing a platform on which all wheels of a vehicle
may rest simultaneously.
(88) “Well-drilling machine” means any self-propelled vehicle to which has been permanently mounted or attached any rig or other
equipment used for the purpose of drilling wells, whether or not such vehicle was originally a truck, tractor or other type of motor
vehicle or was designed and built as a complete well-drilling unit.
(89) “Wheel load weigher” means a scale especially adapted to determine the weight of any single or set of wheels on a vehicle.
(90) “When children are present” shall, when posted in conjunction with speed limitation signage in a school zone, refer to that
period of time immediately before, during or immediately after a scheduled school day during which children are physically present
along, adjacent to, or crossing the regulated roadway of the school zone. The phrase shall not refer to the presence of children in the
school building as the time for imposition of the speed restriction.
(36 Del. Laws, c. 10, §§ 1, 85, 86; 37 Del. Laws, c. 10, § 2; Code 1935, §§ 5539, 5623, 5719ii; 41 Del. Laws, c. 220, § 1; 42 Del.
Laws, c. 166, § 1; 43 Del. Laws, c. 249, § 1; 44 Del. Laws, c. 194, § 1; 45 Del. Laws, c. 281, § 1; 46 Del. Laws, c. 270, § 2; 47
Del. Laws, c. 17, § 1; 47 Del. Laws, c. 133; 47 Del. Laws, c. 406, § 2; 48 Del. Laws, c. 305, § 1; 48 Del. Laws, c. 359, § 1; 21 Del.
C. 1953, § 101; 54 Del. Laws, c. 160, §§ 3, 4; 57 Del. Laws, c. 188, § 24; 57 Del. Laws, c. 670, § 5; 58 Del. Laws, c. 112, § 2;
58 Del. Laws, c. 517; 59 Del. Laws, c. 57, § 1; 60 Del. Laws, c. 701, § 6; 61 Del. Laws, c. 63, § 1; 61 Del. Laws, c. 142, §§ 1-5;
62 Del. Laws, c. 114, § 1; 62 Del. Laws, c. 150, § 1; 62 Del. Laws, c. 151, § 1; 62 Del. Laws, c. 237, § 1; 62 Del. Laws, c. 249,
§ 1; 62 Del. Laws, c. 389, §§ 1-3; 63 Del. Laws, c. 414, § 1; 64 Del. Laws, c. 198, § 3; 64 Del. Laws, c. 207, § 1; 64 Del. Laws,
c. 259, § 1; 64 Del. Laws, c. 339, § 1; 65 Del. Laws, c. 340, § 1; 66 Del. Laws, c. 58, §§ 1, 2; 66 Del. Laws, c. 254, §§ 1, 2; 69
Del. Laws, c. 217, § 1; 69 Del. Laws, c. 454, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 234, § 1; 73 Del. Laws, c. 346, §§
1-5; 74 Del. Laws, c. 110, §§ 7, 8, 9; 74 Del. Laws, c. 133, § 3; 74 Del. Laws, c. 282, § 1; 75 Del. Laws, c. 251, §§ 1, 2; 76 Del.
Laws, c. 334, § 2; 77 Del. Laws, c. 141, § 8; 77 Del. Laws, c. 312, § 8; 77 Del. Laws, c. 411, § 1; 78 Del. Laws, c. 106, § 1; 79
Del. Laws, c. 397, §§ 1, 2; 80 Del. Laws, c. 136, § 1; 80 Del. Laws, c. 168, § 1; 81 Del. Laws, c. 306, § 1; 82 Del. Laws, c. 93, §
1.)
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Title 21 - Motor Vehicles
Part I
General Provisions
Chapter 3
Department of Public Transportation and Department of Safety and Homeland Security
§ 301. General duty of Departments.
The Department of Transportation and/or the Department of Safety and Homeland Security, in keeping with their respective
responsibilities, and all officers thereof shall enforce this title, unless otherwise designated in this title or by other laws of this State.
(36 Del. Laws, c. 10, § 3; Code 1935, § 5541; 21 Del. C. 1953, § 302; 74 Del. Laws, c. 110, § 11.)
§ 302. Rules and regulations.
(a) The Secretary of Transportation and/or the Secretary of Safety and Homeland Security, in keeping with their respective
responsibilities, may adopt and enforce such administrative rules and regulations and designate such agencies as may be necessary to
carry out this title. The Secretary of Transportation and/or the Secretary of Safety and Homeland Security, in keeping with their respective
responsibilities, may also adopt and enforce such rules and regulations relative to equipment, weight, size and operation of motor vehicles,
provided such rules and regulations are not contrary to a positive law, as may be necessary and proper in order to conform to the rules
and regulations of the Interstate Commerce Commission and in order to establish a more uniform Motor Vehicle Code and more uniform
traffic rules and regulations. No rule or regulation adopted pursuant to the authority granted by this section shall extend, modify or conflict
with any law of this State, or the reasonable implications thereof.
(b) Any rules, regulations, procedures or agreements enacted, authorized or entered by the Secretary of Public Safety prior to July 1,
2003, shall remain in effect until such time as these rules, regulations, procedures or agreements are replaced, terminated or amended
by the appropriate departmental Secretary.
(36 Del. Laws, c. 10, § 3; Code 1935, § 5541; 43 Del. Laws, c. 243, § 1; 21 Del. C. 1953, § 305; 57 Del. Laws, c. 670, § 6D; 67
Del. Laws, c. 344, § 7; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, §§ 12, 13.)
§ 303. Forms.
The Secretary shall provide suitable forms for applications, registration cards, license number plates and all other forms required for
the purposes of this title and shall prepay transportation charges thereon.
(36 Del. Laws, c. 10, § 3; Code 1935, § 5541; 43 Del. Laws, c. 243, § 1; 21 Del. C. 1953, § 306; 57 Del. Laws, c. 670, § 6D.)
§ 304. Examiners for operators’ licenses; appointment; use of local officers.
(a) The examiners of applicants for operators’ licenses shall be appointed by and shall be under the supervision of the Secretary.
(b) The Department may designate local officers of the law or may appoint persons within this State to act for the Department for
the purpose of examining applicants for operators’ licenses. Such persons so designated or appointed shall conduct the examinations of
the applicants for operators’ licenses in the manner prescribed by the Department under this title and shall make a written report of the
findings and recommendations upon such examinations to the Department.
(36 Del. Laws, c. 10, § 60; 37 Del. Laws, c. 10, §§ 18, 19; Code 1935, § 5598; 21 Del. C. 1953, § 308; 57 Del. Laws, c. 670, §
6D; 62 Del. Laws, c. 190, § 1.)
§ 305. Privacy act governing the release of motor vehicle driving history and license records.
(a) In general. — Except as provided in subsections (b), (d), (e) and (i) of this section, the Division of Motor Vehicles and any officer,
employee or contractor thereof or any other person shall not knowingly disclose or otherwise make available to any person or entity
personal information about any individual obtained by the Division in connection with a motor vehicle record. Only driver license and
driver performance records which are 3 years old or less shall be made available to authorized persons or agencies, except persons
requesting their own records, law-enforcement officers, the courts and other motor vehicle jurisdictions may also have access to those
records and to vehicle title and registration information which are over 3 years old and are being retained by the Division. Division motor
vehicle records can be transmitted to other motor vehicle jurisdictions electronically over authorized networks.
(b) Permissible uses. — Personal information referred to in subsection (a) of this section shall only be disclosed for use in connection
with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls or advisories;
performance monitoring of motor vehicles, motor vehicle parts and motor vehicle dealers by motor vehicle manufacturers; maintenance of
voter registration records; and removal of nonowner records from the original owner records of motor vehicle manufacturers; maintenance
of voter registration records to carry out the purposes of the Automobile Information Disclosure Act [15 U.S.C. § 1231 et seq.], the Motor
Vehicle Information and Cost Saving Act [repealed], the National Traffic and Motor Vehicle Safety Act of 1966 [repealed], the Anti-Car
Theft [Act] of 1992 [P.L. 102-519] and the Clean Air Act [42 U.S.C. § 7401 et seq.]. Personal information may be disclosed only upon
proof of the identity of the person requesting the record or records and sworn representation by such person that the released personal
information will be strictly limited to 1 or more of the following described uses:
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(1) For use by any government agency, including any court, state election agency or law-enforcement agency, in carrying out its
functions, or any private person or entity acting on behalf of a government agency, in carrying out its functions.
(2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product
alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts and motor vehicle dealers; motor
vehicle market research activities, including survey research; and removal of nonowner records from the original owner records of
motor vehicle manufacturers.
(3) For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only:
a. To verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors;
and
b. If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the
purposes of preventing fraud by pursuing legal remedies against or recovering on a debt or security interest against the individual.
(4) For use in connection with any civil, criminal, administrative or arbitration proceeding in any federal, state or local court or
agency or before any self-regulating body, including the service of process, investigation in anticipation of litigation and the execution
or enforcement of judgments and orders or pursuant to an order of a federal, state or local court.
(5) For use in research activities and for use in producing statistical reports, so long as the personal information is not published,
redisclosed or used to contact individuals.
(6) For use by any insurer or insurance support organization or by a self-insured entity or its agents, employees or contractors, in
connection with claims investigation activities, anti-fraud activities, rating or underwriting.
(7) For use in providing notice to the owners or lien holders of towed or impounded vehicles.
(8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
(9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license
that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. § 31101 et seq.).
(10) For use in connection with the operation of private toll transportation facilities.
(11) Persons requesting their own records, law-enforcement officers, judicial and other motor vehicle jurisdictions through the
supporting information networks may have access to all records retained by the Division.
(12) [Deleted.]
(13) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation
of a motor vehicle or public safety.
(c) Requests for additional protection of personal information. — A person may submit a notarized affidavit to be supplied by the
Division requesting that person’s address, phone number and social security number contained in the driver or vehicle records of the
Division be kept confidential except from those named in paragraphs (b)(1), (2) and (6) of this section. The affidavit must swear or affirm
that the request is being made because of the person’s fear of harm from another individual to themselves, a family or household member
or their property. A properly submitted notarized affidavit satisfying these conditions shall be honored by the Division and shall remain
in effect until the record is purged from the Division’s files or until the requesting person submits written notice requesting the release
of that person’s personal information. This section does not prohibit the Division from the normal practice of returning a vehicle title
with personal information displayed to a lienholder or lessor. In addition, the Division may return a vehicle title and registration card to
a dealership who has submitted the title application for their customer.
(d) Court approval for release of information. — Persons or agencies other than those named in subsections (b) and (c) of this
section shall be prohibited from acquiring any information pertaining to an individual’s address, telephone number, vehicle title, vehicle
registration, driver license and driver performance that is in the possession of the Division of Motor Vehicles except in the following case:
Any individual who can show that there is a lawful need for the prohibited information and that the information cannot be reasonably
acquired through any alternate means may present such evidence to the administrative hearing officer of the Division of Motor Vehicles.
Upon consideration of the evidence presented, the administrative hearing officer may then in the administrative hearing officer’s discretion
provide an order for the release of part or all of the requested information from the Division of Motor Vehicles to the requesting individual.
In this instance, the Division shall send by United States mail notification to any individuals identified in subsection (c) of this section
whose information has been requested that the administrative hearing officer has ordered the release of such information and that such
information will be furnished to the requesting party. Upon denial of the request, the individual may file a de novo appeal to the Justice of
the Peace Courts. Upon receipt of the application fee of $10 from the individual, the Justice of the Peace Court, in its discretion, may order
the release of part or all of the requested information by the DMV to the requesting individual. The Division shall notify the individuals
by United States mail if the Justice of the Peace Court orders release of part or all of the requested information.
(e) Disclosure with consent. — Personal information may be disclosed to any person requesting such information if such person
demonstrates, in such form and manner as the Department prescribes, that the person has obtained a notarized, written consent from the
person whose information is protected. Such consent must be provided each time personal information is released. Each written consent
form shall be retained by the Division in electronically digitized, microfilm or paper format for a minimum period of 5 years.
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(f) (1) Fees for copies and information. — The Secretary shall charge a fee of $25 for each motor vehicle record supplied to persons
other than those governmental agencies designated in paragraph (b)(1) of this section. If special handling is needed to certify a record or
notarize an affidavit, the fee for such handling shall be $30 to include the requested record.
(2) Notwithstanding the provisions of paragraph (f)(1) of this section, the Director of the Division of Motor Vehicles is authorized
to enter into contractual agreements for the bulk sale of vehicle records for uses that are permissible under this section. These contracts
may include pricing models that are based on the Division’s cost to produce, maintain and distribute such records. Purchases of motor
vehicle driving history and license records pursuant to the provision of this section shall be governed exclusively by the conditions
of paragraph (f)(1) of this section.
(g) Signature on all records released. — Any record or certified record supplied by the Department pursuant to this title shall contain
the signature or facsimile signature of the Director of the Division of Motor Vehicles or of another official of the Division who is a
custodian of such records and is designated by the Director to sign or to have a facsimile signature affixed. For purposes of this subsection,
a “facsimile signature” can be a preprinted signature, a rubber-stamped signature or any other recognized facsimile.
(h) Contract to protect confidentiality. — Governmental agencies, businesses and individuals designated by subsection (b) of this section
to obtain vehicle registration, title, driver’s license or driver performance records and obtain such personal information by electronic
means will sign contracts acknowledging their responsibility to protect personal information as follows:
(1) The personal information obtained from the Division’s records will not be resold or redisclosed in part or whole except for those
authorized purposes covered in subsection (b) of this section.
(2) [Deleted.]
(i) Additional conditions. — In addition to provision for payment of applicable fees, the Department may, prior to the disclosure of
personal information as permitted in this section, require the meeting of certain conditions by the requesting person for the purpose of
obtaining reasonable assurance concerning the identity of the person requesting the release of information and, to the extent required,
that the use will be only as authorized or the consent of the person who is the subject of the information has been properly obtained.
Such conditions may include, but need not be limited to, the making and filing of a written application in such form and containing such
information and certification requirements as the Department may prescribe.
Governmental agencies, businesses and individuals who request motor vehicle records by electronic means or who access Division
records on a continual basis and are authorized access to the records per subsections (b) through (e) of this section, inclusively, shall sign
contracts acknowledging their responsibility to protect personal information under this subsection. The contract will contain this section
and the requester will specify, at a minimum:
(1) The legal basis authorizing access to personal data contained in the Division’s records;
(2) Purposes and intended uses for this data;
(3) Designation of data elements needed to satisfy their purposes;
(4) Agreement not to disclose the information obtained unless permitted by this subsection; and
(5) Other requirements as deemed necessary by the Division.
Law enforcement, the courts, other motor vehicle jurisdictions and those governmental agencies and businesses designated by the
Secretary of Transportation are exempt from this subsection.
A person’s driver’s license electronically digitized photograph and signature, Social Security number or medical or disability
information shall not be releasable without the express written consent of the person to whom such information pertains, except for uses
permitted under paragraph (b)(1), (b)(6) or (b)(9) of this section. A signed release from the licensee whose information is sought shall
constitute a permitted use if notarized. This subsection shall not in any way affect the use of organ donor information on an individual
driver’s license or affect the administration of organ donor initiatives by the Division.
Personal information shall not be available by telephone or other methods of request other than by personal appearance and in writing
unless approved by the Director of Motor Vehicles or the Director’s designee.
The Division, in its discretion, may deny access to any or all records if it finds the requesting agency’s or person’s purpose in requesting
such information is improper or that the request was made in bad faith.
The Division will record, but can deny the release of residential addresses to any agency, business or person outside of the Division when
requested by the court or when law-enforcement documentation proves the person is in immediate danger if this information is released.
The record will contain a releasable mailing address to enable the Division and law-enforcement agencies to contact that individual.
The Director may destroy any records of the Division which have been maintained on file for 3 years, unless otherwise required by
this title, which the Director may deem obsolete and of no further service in carrying out the powers and duties of the Division; provided,
that the Director of the Division of Historical and Cultural Affairs has authorized such destruction.
Any record or certified record supplied by the Department pursuant to this title shall contain the signature or facsimile signature of the
Director or of another official of the Division who is a custodian of such records and is designated by the Director to sign such records or
have his or her signature affixed. For purposes of this subsection, a “facsimile signature” can be a preprinted signature, a rubber stamped
signature or any other recognized facsimile.
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(j) Wrongful disclosure. — If the Division discovers at any time that any information protected under subsection (c) of this section
has been wrongfully disclosed, it shall notify the holder of that information that the information was wrongfully disclosed and may not
be used, resold or redisclosed in any way. The Division shall also inform the person who the information pertains to that the person’s
personal information was disclosed.
(k) Resale or redisclosure. — (1) An authorized recipient of personal information may resell or redisclose the information for any use
permitted under subsection (b) of this section.
(2) [Deleted.]
(3) Any authorized recipient who resells or rediscloses personal information shall be required by the Department to maintain, for a
period of not less than 5 years, records as to the information obtained and the permitted use for which the information was obtained
and to make such records available for inspection by the Department, upon request.
(l) Regulations and waiver procedure. — The Department is authorized to adopt administrative regulations to carry out the purposes
of this section. The regulations may include procedures under which the Department, upon receiving a request for personal information
that is not subject to disclosure, may mail a copy of such request to each individual who is the subject of the information, informing such
individual of the request, together with a statement to the effect that disclosure is prohibited and will not be made unless the individual
affirmatively elects to waive such individual’s right to privacy under this section.
(m) Unlawful acts. — (1) Procurement for unlawful purposes. — It shall be unlawful for any person knowingly to obtain or disclose
personal information from a motor vehicle record for any use not permitted under this title.
(2) False representation. — It shall be unlawful for any person to make false representation to obtain any personal information from
an individual’s motor vehicle record.
(n) Penalties. — Any person requesting the disclosure of personal information from Department records who misrepresents the person’s
identity or knowingly makes a false statement to the Department in order to obtain restricted information or who knowingly violates any
other provision of this chapter shall be guilty of a class A misdemeanor.
(o) Civil actions. — (1) Cause of action. — A person who knowingly obtains, discloses or uses personal information from a motor
vehicle record for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains.
(2) Remedies. — The court may award:
a. Actual damages, but not less than liquidated damages in the amount of $2,500;
b. Punitive damages upon proof of wilful or reckless disregard of the law;
c. Reasonable attorney’s fees and other litigation costs reasonably incurred; and
d. Such other preliminary and equitable relief as the court determines to be appropriate.
(p) Definitions. — In this chapter:
(1) “Motor vehicle record” means any record that pertains to a motor vehicle operator’s or driver’s permit or license, motor vehicle
title, motor vehicle registration or identification document issued by a Division of Motor Vehicles or other state or local agency
authorized to issue any such forms or credentials;
(2) “Person” means an individual, organization or entity, but does not include a state or agency thereof; and
(3) “Personal information” means information that identifies an individual, including an individual’s photograph, Social Security
number, driver identification number, name, address, telephone number and medical or disability information, but does not include
information on vehicular accidents, driving or equipment-related violations and driver’s license or registration status.
(36 Del. Laws, c. 10, § 5; Code 1935, § 5543; 21 Del. C. 1953, § 310; 55 Del. Laws, c. 339; 57 Del. Laws, c. 670, §§ 6D, 6E; 58
Del. Laws, c. 366; 58 Del. Laws, c. 377; 60 Del. Laws, c. 469, § 1; 65 Del. Laws, c. 81, §§ 1-3; 66 Del. Laws, c. 82, § 1; 68 Del.
Laws, c. 170, §§ 1-4; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 511, § 1; 72 Del. Laws, c. 479, §§ 1-4; 74 Del. Laws, c. 110, §§
14, 15; 74 Del. Laws, c. 308, § 129; 75 Del. Laws, c. 4, § 10; 78 Del. Laws, c. 131, §§ 1, 2; 80 Del. Laws, c. 77, § 16.)
§ 306. [Reserved].
§ 307. Deposits and disbursements.
(a) All moneys received by the Division of Motor Vehicles under this title and Title 30 shall be deposited daily to the credit of the
Transportation Trust Fund.
(b) Those funds directed to be received by the Department of Safety and Homeland Security pursuant to § 309 or § 706 of this title
shall be deposited daily to the credit of the State’s General Fund.
(c) Except as may be otherwise provided in § 309 or § 706 of this title, no action or claim that is otherwise permitted against the State
or an agency or authority of the State to recover any moneys that are erroneously or illegally collected by or paid to the Departments of
Transportation and Safety and Homeland Security under this title, may be commenced or otherwise asserted after expiration of 1 year
from the earlier of:
(1) The date of the payment; or
(2) The date the payment was required to be made.
(36 Del. Laws, c. 10, § 147; Code 1935, § 5686; 42 Del. Laws, c. 77, §§ 1, 2; 21 Del. C. 1953, § 312; 67 Del. Laws, c. 46, § 55;
67 Del. Laws, c. 285, § 56(a); 68 Del. Laws, c. 156, §§ 54, 55(e); 74 Del. Laws, c. 110, §§ 16, 17.)
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§ 308. Contingent fund for refund of renewal registration fees.
The Department shall retain out of the revenue collected by it a sum sufficient to provide at all times a contingent fund of $1,000, out
of which it shall pay any refunds for renewal registration fees provided for in Chapter 21 of this title. Such funds shall be deposited in the
financial institution which is the legal depository of the state moneys and shall be disbursable on order of the Secretary.
(36 Del. Laws, c. 10, § 26; 38 Del. Laws, c. 27, §§ 1, 2; 40 Del. Laws, c. 38, § 1; Code 1935, §§ 5564, 5719q; 45 Del. Laws, c.
287, § 2; 46 Del. Laws, c. 270, § 1; 21 Del. C. 1953, § 313.)
§ 309. Sale of motor vehicle in possession of Secretary of Safety and Homeland Security.
(a) Whenever the owner or person entitled to the possession of any motor vehicle, or part thereof, in the custody of the Secretary of
Safety and Homeland Security (hereinafter “Secretary”) cannot be located and fails to claim the motor vehicle, or part thereof, for a
period of 3 months after the motor vehicle, or part thereof, came into the custody of the Secretary, the motor vehicle may be disposed
of by the Secretary at public sale at some place which is convenient and accessible to the public at any time between the hours of 10:00
a.m. and 6:00 p.m.
(b) The time, place and terms of the sale, together with a full detailed description of the motor vehicle, or part thereof, shall be inserted
in 1 or more newspapers published in the city or county where the sale is to take place at least once each week for 2 successive weeks prior
to the sale. A registered notice shall be mailed at least 10 days prior to the sale to the owner, lienholder, if any, shown on the records of
the Secretary of Safety and Homeland Security or person entitled to the possession of the motor vehicle, or part thereof, if such person’s
address be known, or if it can be ascertained by the exercise of reasonable diligence. If the address cannot be ascertained by the exercise
of reasonable diligence, then such notice shall not be required to be given.
(c) Any excess in the amount of the selling price of the motor vehicle, or part thereof, at the sale, over and above the expenses thereof,
and the amount of the storage and repair charges incurred by the Secretary of Safety and Homeland Security (hereinafter “Secretary”)
during the period in which the motor vehicle, or part thereof, was in the Secretary’s custody, and after the payment of all liens to which
the motor vehicle, or part thereof, may be subject, in order of their priority, shall be accounted for and deposited by the Secretary to the
credit of the State Treasurer as other receipts of the Department. If the owner or person entitled to the possession of the motor vehicle,
or part thereof, presents to the Secretary a claim for such excess at any time within 1 year from the date of the sale, the Secretary shall
draw a warrant upon the State Treasurer for such excess and such excess shall thereupon be paid over by the State Treasurer to the owner
or person entitled to the possession of the motor vehicle, or part thereof.
(36 Del. Laws, c. 10, § 147A; 37 Del. Laws, c. 10, § 36; Code 1935, § 5687; 21 Del. C. 1953, § 314; 57 Del. Laws, c. 670, § 6D;
70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, §§ 18-21.)
§ 310. Notice to Secretary of Safety and Homeland Security of motor vehicles in possession of imprisoned
persons.
Where a person is committed to prison in default of paying a fine for a violation of this title or any other law of this State and such
person was in possession of a motor vehicle at the time of such person’s arrest, the arresting officer and the clerk of the court or the
justice of the peace who made the commitment shall immediately notify the Secretary of Safety and Homeland Security and Secretary of
Transportation of the make of the car, the engine and serial numbers and the license number.
(41 Del. Laws, c. 221, § 1; 21 Del. C. 1953, § 315; 57 Del. Laws, c. 670, § 6D; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, §§
22, 23.)
§ 311. Notice to Secretary of Safety and Homeland Security of motor vehicles stored and unmoved for 30
days.
All persons who are engaged in the business of storing of automobiles shall notify the Secretary of Safety and Homeland Security of
the make, engine and serial numbers and license number of all motor vehicles stored and unmoved in any public garage for a period
more than 30 days.
(41 Del. Laws, c. 221, § 1; 21 Del. C. 1953, § 316; 57 Del. Laws, c. 670, § 6D; 74 Del. Laws, c. 110, §§ 24, 25.)
§ 312. Report of stolen or recovered motor vehicles; index.
(a) Every sheriff and every police commissioner and chief of police or peace officer of every jurisdiction, upon receiving information
that a motor vehicle has been stolen or that a motor vehicle having been stolen has been recovered, shall immediately report such
information upon the appropriate official form to the Department of Safety and Homeland Security.
(b) The Department of Safety and Homeland Security shall file all such reports of stolen or recovered motor vehicles and appropriately
index the same and shall also file similar reports received from other states.
(36 Del. Laws, c. 10, § 43; Code 1935, § 5581; 21 Del. C. 1953, § 317; 62 Del. Laws, c. 190, § 3; 74 Del. Laws, c. 110, §§ 26,
27.)
§ 313. Accident statistics and reports; evidence.
(a) The Department of Safety and Homeland Security shall prepare and supply to law-enforcement agencies forms for accident reports
that require sufficiently detailed information about the cause, conditions then existing, and the persons and vehicles involved in a highway
accident.
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(b) Except as provided under this section, accident reports and any data or statistics derived from an accident report are without
prejudice, are solely for the information of the Department of Safety and Homeland Security and the Department of Transportation, and
are not a public record under the Freedom of Information Act, Chapter 100 of Title 29. The fact that an accident report has been made is
admissible in evidence solely to prove compliance with this section but no accident report or any part or statement contained in a report
is admissible in evidence for any other purpose in any trial, civil or criminal, arising out of an accident.
(c) (1) An accident report may be disclosed only to the following:
a. A person, or the person’s legal representative, who requests a copy of the person’s own accident report.
b. An insurer, insurance support organization, or a self-insured entity or its agent, employee, or contractor, in connection with
claims investigation activities, anti-fraud activities, rating, or underwriting.
(2) a. The person requesting an accident report under paragraph (c)(1) of this section must submit proof of identity and payment of
the fee established by the law-enforcement agency with primary jurisdiction over the accident.
b. A fee under paragraph (c)(2)a. of this section must approximate and reasonably reflect the amount necessary to defray the costs
incurred by the law-enforcement agency to provide a copy of the accident report.
(3) Notwithstanding paragraphs (c)(1) through (c)(2) of this section, an accident report associated with a criminal prosecution may
be withheld from disclosure until the criminal prosecution has concluded.
(d) Upon written request, the Department of Transportation may prepare a document containing a quantitative analysis of de-identified
data if the person requesting the information provides proof of identity and a representation that the data will be strictly used for any
of the following purposes:
(1) To comply with federal, state, or local law or regulation.
(2) By any of the following in carrying out official functions:
a. A municipality or its agents.
b. A municipal planning organization or its agents.
c. A member of the General Assembly.
(e) The State shall make some de-identified data public through press releases, publication, or a state-managed website. The Department
of Safety and Homeland Security has the sole discretion to determine what data may be disclosed under this subsection, except that the
data on the state-managed website must include all of the following:
(1) Accident classification.
(2) Manner of impact.
(3) Alcohol or drug involvement.
(4) Date and time of accident.
(5) Conditions regarding road surface, lighting, and weather.
(6) Seat belt or helmet use.
(7) Geographic location.
(8) Primary contributing circumstances.
(f) Notwithstanding any provision under this section, the Director of the Delaware Criminal Justice Information System (DELJIS) may
enter into a contractual agreement for the sale of de-identified data if the contracting party’s use of the information is related to public
safety. A contract under this subsection may include pricing models based on DELJIS’s cost to produce, maintain, and distribute the
records containing the information. The Department of Safety and Homeland Security has sole discretion to determine the data that may
be disclosed under this subsection.
(36 Del. Laws, c. 10, § 109; Code 1935, § 5647; 21 Del. C. 1953, § 318; 57 Del. Laws, c. 670, § 6C; 74 Del. Laws, c. 110, §§ 28,
29; 82 Del. Laws, c. 136, § 1; 83 Del. Laws, c. 148, § 1.)
§ 314. Uncollectible fees; penalties.
(a) Whenever any payment given to the Department in payment of any fee or for any other purpose is returned to the Department as
uncollectible, the Secretary shall charge the person presenting such payment, in addition to the protest fee, a reasonable fee, not to exceed
$25, to cover the cost of its collection. The Department shall notify the individual presenting such payment by certified mail sent to the last
known address of the individual that such payment has been returned as uncollectible and allow the individual 10 days to furnish payment.
(b) If payment is not received within 10 days following the date of mailing such certified mail, the Department shall forthwith suspend
the individual’s driver’s license or vehicle registration obtained by means of the uncollectible payment until payment and a penalty fee
in the amount of $25 has been paid in full. If the uncollectible payment was issued for a registration of a motor vehicle or vehicle, the
driver’s license of the owner of such motor vehicle or vehicle shall also be suspended.
(37 Del. Laws, c. 10, § 23; Code 1935, § 5618; 21 Del. C. 1953, § 319; 57 Del. Laws, c. 670, § 6D; 58 Del. Laws, c. 580; 60 Del.
Laws, c. 606, § 1; 65 Del. Laws, c. 178, § 1; 68 Del. Laws, c. 396, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 332.)
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Title 21 - Motor Vehicles
§ 315. Failure to report change of address; penalty.
Whoever, holding an operator’s license issued to such person under the laws of this State or having a motor vehicle or tractor registered
in such person’s name under the laws of this State, fails or neglects within 1 month after any change of such person’s address to notify the
Department of any such change of address shall be fined, for the first offense, not less than $10 nor more than $50. For each subsequent
like offense, such person shall be fined not less than $50 nor more than $100.
(36 Del. Laws, c. 10, §§ 141, 145; 40 Del. Laws, c. 38, § 4; Code 1935, §§ 5679, 5683; 45 Del. Laws, c. 292, § 2; 48 Del. Laws, c.
195; 21 Del. C. 1953, § 320; 65 Del. Laws, c. 77, § 10; 65 Del. Laws, c. 503, § 1; 70 Del. Laws, c. 186, § 1.)
§ 316. Exceptions from application of certain provisions of this title.
Every motor vehicle, trailer, semitrailer and pole trailer when driven or moved upon a highway shall be subject to this title with respect
to registration, certificate of title and inspection except:
(1) Any such vehicle driven or moved upon a highway in conformance with this title relating to manufacturers, transporters, dealers
or nonresidents or under a temporary registration permit issued by the Department as hereinafter authorized;
(2) Any vehicle used or intended to be used solely upon private property which must cross or use the public highway only incidentally
in order to gain access from one portion of such property to another. This paragraph shall not apply to mobile homes or house trailers.
(3) Any vehicle owned by the government of the United States and plainly marked to indicate such ownership and identify the
particular vehicle, unless said vehicle is under lease with a right of purchase in the lessee.
(36 Del. Laws, c. 10, § 7; Code 1935, § 5545; 43 Del. Laws, c. 244, § 1; 48 Del. Laws, c. 244; 21 Del. C. 1953, § 321; 64 Del.
Laws, c. 466, § 4.)
§ 317. [Reserved].
§ 318. Notarial fees; penalty.
(a) Notaries’ public fees for administering and certifying, under hand and notarial seal, the necessary oaths or affirmations to an applicant
for the registration and titling of a motor vehicle and the necessary operator’s license shall not exceed 50 cents for the first certification
and 25 cents for each additional certification.
(b) Any notary public charging, demanding or receiving a greater fee for the service herein specified shall be fined not more than $200
or imprisoned not more than 6 months in the discretion of the court.
(33 Del. Laws, c. 65; Code 1935, §§ 1145, 5595, 5719t; 46 Del. Laws, c. 270, § 1; 21 Del. C. 1953, § 323.)
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Title 21 - Motor Vehicles
Part I
General Provisions
Chapter 4
Reciprocal Agreements
Subchapter I
General Provisions
§ 401. Power of Secretary to make agreements with other states; general character; conditions.
(a) The Secretary of Transportation may enter into an agreement or arrangement with the duly authorized representatives of another
jurisdiction, granting to vehicles or to owners of vehicles which are properly registered or licensed in such jurisdiction and for which
evidence of compliance is supplied benefits, privileges and exemptions from the payment, wholly or partially, of any taxes, fees or other
charges imposed upon such vehicles or owners with respect to the operation or ownership of such vehicles under the laws of this State.
Such an agreement or arrangement shall provide that vehicles properly registered or licensed in this State when operated upon highways
of such other jurisdiction shall receive exemptions, benefits and privileges of a similar kind or to a similar degree as are extended to
vehicles properly registered or licensed in such jurisdiction when operated in this State. Each such agreement or arrangement shall, in the
judgment of the Secretary of Transportation, be in the best interest of this State and the citizens thereof and shall be fair and equitable
to this State and the citizens thereof and all of the same shall be determined on the basis and recognition of the benefits which accrue to
the economy of this State from the uninterrupted flow of commerce.
(b) The Secretary of Transportation may enter into an agreement or arrangement with the duly authorized representatives of another
jurisdiction, granting to licensed drivers who are properly licensed in such jurisdictions and for which evidence of compliance is supplied
benefits, privileges and exemptions of a similar kind or to a similar degree as are extended to drivers properly licensed in this State.
Each such agreement or arrangement shall, in the judgment of the Secretary of Transportation, be in the best interest of this State and
the citizens thereof and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of
this State from the uninterrupted flow of commerce.
(21 Del. C. 1953, § 402; 49 Del. Laws, c. 424; 54 Del. Laws, c. 274; 57 Del. Laws, c. 670, § 23B; 60 Del. Laws, c. 451, §§ 1, 2; 74
Del. Laws, c. 110, §§ 30, 31.)
§ 402. Equalizing fee on vehicles registered to nonresidents.
(a) Except as otherwise provided by reciprocity agreement or other arrangement entered into by the Secretary or by a declaration issued
by the Secretary, no motor vehicle or trailer or semitrailer registered in another jurisdiction which requires the payment of a registration
fee or fees or taxes of any other nature from an owner of a similar vehicle properly registered in this State for the operation of such vehicle
on the highways of such other State shall be operated on the highways of this State unless a fee is paid to the Department, equal in amount
to the fee or tax collected by the authorized official or public agency of such other jurisdiction for the operation on its highways of the
motor vehicle, trailer or semitrailer properly registered in this State. In the event that the fee or tax collected by such other jurisdiction is
imposed for the registration of the vehicle therein, then in no case shall the fee paid to the Department be less than the amount now or
hereafter provided for by the laws of this State for the registration of a similar vehicle.
(b) The Secretary shall from time to time promulgate such regulations as may be necessary for the effective enforcement of this section.
(21 Del. C. 1953, § 403; 49 Del. Laws, c. 424; 54 Del. Laws, c. 274; 57 Del. Laws, c. 670, §§ 23B, 23C; 64 Del. Laws, c. 339, § 2;
70 Del. Laws, c. 186, § 1.)
§ 403. Base state registration reciprocity.
An agreement or arrangement entered into or a declaration issued under the authority of § 401 of this title may authorize the registration
or licensing in another jurisdiction of vehicles located in or operated from a base in such other jurisdiction which vehicles otherwise
would be required to be registered or licensed in this State, and in such event the exemptions, benefits and privileges extended by such
agreement, arrangement or declaration shall apply to such vehicles, when properly licensed or registered in such base jurisdiction.
(21 Del. C. 1953, § 404; 49 Del. Laws, c. 424; 54 Del. Laws, c. 274.)
§ 404. Declarations of extent of reciprocity; when.
In the absence of an agreement or arrangement with another jurisdiction, the Secretary of Transportation may examine the laws and
requirements of such jurisdiction and declare the extent and nature of exemptions, benefits and privileges to be extended to vehicles
properly registered or licensed or licensed drivers in such other jurisdiction, or to the owners of such vehicles, which shall, in the judgment
of the Secretary of Transportation, be in the best interest of this State and the citizens thereof and which shall be fair and equitable to
this State and the citizens thereof, and all of the same shall be determined on the basis and recognition of the benefits which accrue to
the economy of this State from the uninterrupted flow of commerce.
(21 Del. C. 1953, § 405; 49 Del. Laws, c. 424; 54 Del. Laws, c. 274; 57 Del. Laws, c. 670, §§ 23A, 23D; 60 Del. Laws, c. 451, § 3;
74 Del. Laws, c. 110, § 32.)
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Title 21 - Motor Vehicles
§ 405. Extension of reciprocal privileges to lessees authorized.
An agreement or arrangement entered into or a declaration issued under the authority of § 401 of this title may contain provisions
under which a leased vehicle properly registered by the lessor thereof may be entitled, subject to terms and conditions stated therein, to
the exemptions, benefits and privileges extended by such agreement, arrangement or declaration.
(21 Del. C. 1953, § 406; 54 Del. Laws, c. 274.)
§ 406. Automatic reciprocity; when.
If no agreement, arrangement or declaration is in effect with respect to another jurisdiction as authorized by § 401 of this title, any
vehicle properly registered or licensed in such other jurisdiction, and for which evidence of compliance is supplied, shall receive, when
operated in this State, the same exemptions, benefits and privileges granted by such other jurisdiction to vehicles properly registered in this
State. Reciprocity extended under this section shall apply to commercial vehicles only when engaged exclusively in interstate operations.
(21 Del. C. 1953, § 407; 54 Del. Laws, c. 274.)
§ 407. Suspension of reciprocity benefits.
Agreements, arrangements or declarations made under the authority of § 401 of this title may include provisions authorizing the
Secretary of Transportation to suspend or cancel the exemptions, benefits or privileges granted thereunder to a vehicle or a driver which
is in violation of any of the conditions or terms of such agreements, arrangements or declarations.
(21 Del. C. 1953, § 408; 54 Del. Laws, c. 274; 57 Del. Laws, c. 670, § 23D; 60 Del. Laws, c. 451, § 4; 74 Del. Laws, c. 110, § 33.)
§ 408. Agreements to be written, filed and available for distribution.
All agreements, arrangements or declarations or amendments thereto shall be in writing and shall be filed in the office of the Secretary
of Transportation. Copies thereof shall be made available by the Secretary of Transportation upon request and upon payment of a fee
therefor in an amount necessary to defray the costs of reproduction thereof.
(21 Del. C. 1953, § 409; 54 Del. Laws, c. 274; 57 Del. Laws, c. 670, § 23E; 74 Del. Laws, c. 110, § 34.)
§ 409. Reciprocity agreements in effect on May 5, 1964.
All reciprocity registration or driver agreements, arrangements and declarations relating to vehicles or drivers in force and effect on May
5, 1964, shall continue in force and effect until specifically amended or revoked as provided by law or by such agreements or arrangements.
(21 Del. C. 1953, § 410; 54 Del. Laws, c. 274; 60 Del. Laws, c. 451, §§ 5, 6.)
§ 410. Protection of State’s income.
The Secretary of Transportation shall enter into no agreement, etc., that shall result in a serious or appreciable reduction of income
to the State.
(21 Del. C. 1953, § 411; 54 Del. Laws, c. 274; 57 Del. Laws, c. 670, § 23D; 74 Del. Laws, c. 110, § 35.)
Subchapter II
International Registration Plan
§ 420. General authority.
(a) If any jurisdiction permits or requires the licensing of fleets of vehicles in interstate or combined interstate and intrastate commerce
and the payment of registration, license or other fixed fees on an apportionment basis commensurate with and determined by the miles
traveled on highways in that jurisdiction, as compared with the miles traveled on highways in other jurisdictions, or on any other equitable
basis of apportionment, and if that jurisdiction exempts vehicles registered in other jurisdictions under that apportionment basis from the
requirements of full payment of its own registration, license or other fixed fees, the Secretary of the Department of Transportation by
agreement may adopt the exemption as to vehicles of those fleets, whether owned by residents or nonresidents of this State and regardless
of where the vehicles are based.
(b) Under the terms, conditions or restrictions that the Secretary of the Department of Transportation consider proper, these agreements
may provide:
(1) That owners of vehicles operated in interstate or combined interstate and intrastate commerce in this State may pay registration,
license, or other fixed fees on an apportionment basis commensurate with and determined by the miles traveled on highways in this
State, as compared with the miles traveled on highways in other jurisdictions or on any other equitable basis of apportionment; or
(2) a. For issuance of trip permit registration; and
b. For collection of a fee for any vehicle or combination of vehicles which may be lawfully operated in the jurisdiction if full
registration or proportional registration were obtained.
(c) The registration of fleet vehicles under this section is subject to the rights, terms and conditions granted by or contained in any
applicable agreement, arrangement or declaration made by the Secretary of the Department of Transportation.
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Title 21 - Motor Vehicles
(d) If the departments enter into any agreement under the authority of this section, and the provisions set forth in the agreement are in
conflict with any other rules or regulations by the departments, the agreement’s provisions shall prevail notwithstanding.
(68 Del. Laws, c. 156, § 52; 74 Del. Laws, c. 110, §§ 36-38.)
§ 421. Base state registration.
An agreement, arrangement or declaration made under this subchapter may authorize the registration or licensing in another jurisdiction
of vehicles that are located in or operated from a base in that jurisdiction and that otherwise would be required to be registered or licensed
in this State. In this event, the benefits, privileges and exemptions extended by the agreement, arrangement or declaration shall apply to
those vehicles, if licensed or registered in the base jurisdiction.
(68 Del. Laws, c. 156, § 52.)
Subchapter III
Toll Interoperability
§ 422. Authority to enter in reciprocity agreements with toll agencies and motor vehicle agencies for toll
interoperability and collection of tolls and penalties.
The Secretary may enter into reciprocal agreements with duly authorized representatives of other agencies, authorities or jurisdictions,
including without limitation entities operating pursuant to compacts authorized by Acts of the Congress of the United States, that impose
tolls, charges, and related penalties on motor vehicles, in accordance with this subchapter for the purpose of toll interoperability and
the collection of tolls, penalties and charges in connection therewith. For purposes of this subchapter, such agencies, authorities and
jurisdictions shall be referred as “away agencies.”
(79 Del. Laws, c. 33, § 1.)
§ 423. Minimum provisions for reciprocity agreements.
When an away agency certifies with supporting evidence that the operator of a motor vehicle registered in this State either owes a
toll(s) or failed to pay a toll, the Department may collect the civil penalties and tolls properly imposed by the away agency as though
those penalties and tolls were imposed by the Department if the reciprocity agreement confirms that:
(1) The away agency has its own effective reciprocal procedures for collecting penalties and tolls collected by the Department and
does, in fact, reciprocate in collecting penalties and tolls of the Department by employing sanctions that include denial of a person’s
right to register or reregister a motor vehicle;
(2) The away agency provides due process and appeal protections to avoid the likelihood that a false, mistaken, or unjustified claim
will be pursued against an owner;
(3) An owner of a motor vehicle registered in Delaware may present evidence to the away agency by mail, telephone, electronic
means, or other means to invoke rights of due process, without having to appear personally in the jurisdiction where the violation is
alleged to have occurred; and
(4) The reciprocal collection agreement between the Department and the away agency provides that each party may charge the other
a fee sufficient to cover the costs of the collection services, including costs incurred by the agency that registers motor vehicles.
(79 Del. Laws, c. 33, § 1.)
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Title 21 - Motor Vehicles
Part I
General Provisions
Chapter 5
Marking of Highways and Erection of Traffic Signals and Other Signs
§ 501. Erection of signs by local authorities; signs necessary to enforce local regulations.
Local authorities in their respective jurisdictions may erect and maintain signs designating residence and business districts, highways
and steam or interurban railway grade crossings and such other signs as may be deemed necessary to carry out this title and such additional
signs as may be appropriate to give notice of local parking and other special regulations. Local parking and other special regulations shall
not be enforceable against an alleged violation if, at the time and place of the alleged violation, an appropriate sign giving notice thereof
is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
(36 Del. Laws, c. 10, § 137; Code 1935, § 5674; 21 Del. C. 1953, § 502.)
§ 502. Signs on private property.
The Department of Transportation may erect and maintain all appropriate signals, lights or any other type of sign on private property
over which the Department of Safety and Homeland Security has assumed jurisdiction. Nothing in this section shall be construed to
prohibit the erection and maintenance of signs and signals by the private owners of the real property, so long as such signs and signals
are for the safety and convenience of the public and are approved by the Department of Transportation.
(21 Del. C. 1953, § 503; 58 Del. Laws, c. 515, § 2; 60 Del. Laws, c. 503, § 23; 74 Del. Laws, c. 110, § 138.)
§§ 503-506. [Reserved.]
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Title 21 - Motor Vehicles
Part I
General Provisions
Chapter 7
Enforcement; Arrest, Bail and Appeal
§ 701. Arrest without warrant for motor vehicle violations.
(a) The Secretary of Safety and Homeland Security, the Secretary of Safety and Homeland Security’s deputies, Division of Motor
Vehicles investigators, State Police, state detectives and other police officers authorized by law to make arrests for violation of the motor
vehicle and traffic laws of this State, provided such officers are in uniform or displaying a badge of office or an official police identification
folder, may arrest a person without a warrant:
(1) For violations of this title committed in their presence; or
(2) For violations of § 4169 of this title, relating to speed violations, when the speed is determined by radar, electronic devices,
electromechanical devices, audio sensor devices, visual sensor devices or aerial spotting, even though the officer making the arrest did
not actually observe the radar speed meter or observe the violation from the aircraft, provided such arresting officer is in a position to
observe the vehicle being detected and provided that the officer is working in conjunction with the reading or observing officer and is
immediately advised of the violation and that the vehicle being apprehended is the vehicle detected; or
(3) For violations of § 4108(a)(3) of this title relating to red traffic lights, when the violation is determined by personal observation
by another law-enforcement officer who communicates the information to the arresting officer by radio or other telecommunications
device, provided that the arresting officer is working in conjunction with the observing officer, the arresting officer is immediately
advised of the violation and the vehicle being apprehended is the vehicle detected; or
(4) For violations of § 4176C(a) of this title relating to electronic communication devices, when the violation is determined by
personal observation by another law-enforcement officer who communicates the information to the arresting officer by radio or other
telecommunications device, provided that the arresting officer is working in conjunction with the observing officer, the arresting officer
is immediately advised of the violation and the vehicle being apprehended is the vehicle detected;
(5) For violations of § 4802(a)(1) or (2) or § 4803 of this title relating to seat belts, when the violation is determined by
personal observation by another law-enforcement officer who communicates the information to the arresting officer by radio or other
telecommunications device, provided that the arresting officer is working in conjunction with the observing officer, the arresting officer
is immediately advised of the violation and the vehicle being apprehended is the vehicle detected; or
(6) For violations of § 4172 of this title relating to speed exhibitions, drag races and other speed contests, when the violation is
determined by personal observation, video surveillance device, other method of identifying the vehicle, or a review of any existing
video recording of the violation. The violation may also be determined by personal observation by another law-enforcement officer
who immediately communicates the information to the arresting officer, provided the arresting officer is working in conjunction with
the observing officer, and the vehicle being apprehended is the vehicle detected.
(b) Any police officer authorized to arrest without warrant under subsection (a) of this section is further authorized at the scene of a
motor vehicle accident, upon reasonable and probable cause to believe, based upon personal investigation which may include information
obtained from eyewitnesses, that a violation has been committed by any person then and there present, to arrest such person without a
warrant of arrest.
(c) Any arrests for violations of § 4168 or § 4169 of this title or any local ordinance equivalent thereof by a municipal, town or city
police department within its jurisdiction as defined by its charter on a state highway shall occur only if:
(1) A “reduced speed ahead” sign is posted at a sufficient distance as determined by the Department of Transportation prior to
the start of the speed zone being enforced if the speed limit enforced is less than 55 miles per hour or a “speed limit 55” (or 65, as
appropriate) “strictly enforced” sign is posted at a sufficient distance as determined by the Department of Transportation prior to the
start of the speed zone being enforced;
(2) A speed limit sign with the limit is posted at the start of the speed zone;
(3) A yellow “strictly enforced” sign is posted below the speed limit sign;
(4) An “entering corporate limits of ” sign, with the name of the city, town or municipality inserted on the sign, is posted at the
corporate limits;
(5) A “leaving corporate limits of ” sign, with the name of the city, town or municipality inserted on the sign, is posted at the end
of the corporate limits; and
(6) Any signs required under this subsection shall be installed by the Department of Transportation, with the costs borne by the
Department of Transportation. Said signs shall be no less than 2# by 3# in size, and shall be posted on the left and right sides of the
highway being monitored.
(d) “State highways,” as used in subsection (c) of this section, include the following:
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Title 21 - Motor Vehicles
(1) U.S. 13;
(2) U.S. 113;
(3) Delaware Route 1 (SR 1);
(4) Interstate I-95;
(5) Interstate I-495;
(6) Delaware Route 141;
(7) Delaware Route 2;
(8) Delaware Route 896;
(9) Delaware Route 4;
(10) U.S. Route 40;
(11) U.S. Route 301;
(12) U.S. 202; and
(13) Interstate I-295.
(e) No municipal, town or city police department shall operate any speed enforcement equipment outside of its corporate limits,
notwithstanding any municipal charter provision or provision of this Code to the contrary.
(36 Del. Laws, c. 10, § 145; Code 1935, § 5683; 48 Del. Laws, c. 195; 21 Del. C. 1953, § 701; 56 Del. Laws, c. 264; 57 Del. Laws,
c. 670, § 7A; 58 Del. Laws, c. 132; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 325, §§ 1, 2; 73 Del. Laws, c. 206, § 1; 74 Del.
Laws, c. 110, § 39; 79 Del. Laws, c. 331, § 1; 79 Del. Laws, c. 410, § 1; 83 Del. Laws, c. 294, § 3.)
§ 702. Failure to answer summons; penalty.
(a) Whoever fails to answer any summons to appear in any court of competent jurisdiction to answer for any violation of the motor
vehicle laws of this State, after notice thereof served personally or securely fastened to the motor vehicle of which such person is the
owner or operator, shall be fined, for the first offense, not less than $25 nor more than $50. For each subsequent like offense, such person
shall be fined not less than $50 nor more than $100, or imprisoned not less than 2 nor more than 15 days or both.
(b) The offense set forth in subsection (a) of this section above shall not be charged in any case in which a court of competent jurisdiction
has already issued a capias or bench warrant for the failure to answer the original summons, or in any case where the defendant’s driver’s
license or driving privileges have been suspended as a result of failure to pay the summons through voluntary assessment pursuant to
§ 709(j) of this title.
(36 Del. Laws, c. 10, §§ 141, 145; 40 Del. Laws, c. 38, § 4; Code 1935, §§ 5679, 5683; 45 Del. Laws, c. 292, § 2; 48 Del. Laws, c.
195; 21 Del. C. 1953, § 703; 65 Del. Laws, c. 503, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 18, § 1.)
§ 703. Jurisdiction of offenses.
(a) A person arrested without a warrant for a violation of any section of this title, or arrested for any moving traffic violation or any
municipal ordinance regulating traffic within its territorial limits as set forth in Chapter 41 of this title shall have such case heard and
determined by a justice of the peace.
(b) Notwithstanding subsection (a) of this section, the arresting officer may issue a summons to the person arrested for an appearance
at a subsequent date before a justice of the peace.
(c) The arresting officer shall take the person arrested without a warrant, or shall summon the person arrested to appear at a subsequent
date, before a Justice of the Peace Court which is located in the same county wherein the violation occurred, unless a Justice of the Peace
Court located in another county is closer to the place where the violation occurred, in which case the arresting officer may take the person
arrested without a warrant, or may summon the person arrested to appear at a subsequent date, before said Court.
Notwithstanding the foregoing, any case in which a person is arrested or issued a summons within the corporate limits of the city of
Milford for a violation of a provision of this title, with the exception of violations of § 4177 of this title, shall be heard and adjudicated
in the nearest available Justice of the Peace Court location in Kent County. Violations of § 4177 of this title within the corporate limits
of the city of Milford may be initiated or transferred to any Justice of the Peace Court location so designated by the Justice of the Peace
Court to hear such cases. Once properly within the jurisdiction of a particular Justice of the Peace Court location, that location shall retain
jurisdiction until final adjudication, unless a transfer of venue is permitted by statute or court rule.
(d) Anything else in this or any other chapter or title notwithstanding, those proceedings in the Justice of the Peace Courts specified by
court rule may be conducted by audiovisual device. Audiovisual monitors shall be situated in the courtroom and where the defendant is
present so as to provide the public, the court and the defendant with a view of the proceedings. Such proceedings may be conducted by a
Justice of the Peace Court in the same or another county from that in which the defendant is physically located.
(e) Notwithstanding any other provision of this section to the contrary, in those incorporated municipalities which provide duly
constituted alderman’s courts or mayor’s courts, the alderman and mayor shall continue to hear and adjudicate those cases in which a
person is arrested without a warrant and where the alderman’s court or the mayor’s court is the court of original jurisdiction. As justice
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Title 21 - Motor Vehicles
requires, the alderman’s court or the mayor’s court may administratively transfer a case that would be within the jurisdiction of that court
to the Justice of the Peace Court.
(f) Notwithstanding subsection (e) of this section, no alderman, mayor or other municipal official shall be authorized to adjudicate any
alleged moving traffic violation unless said court complies with the following:
(1) All convictions in said alderman’s court or mayor’s court for moving traffic violations and the disposition of those cases shall
become a matter of record to be filed with the State Division of Motor Vehicles. Records of all such convictions shall be forwarded
to the Division no later than 10 days after disposition of the case.
(2) The adjudicating official shall receive a salary but no other compensation for performing such official’s duties. All fees, fines,
costs and other funds collected by the court in the course of its business shall be deposited to the account of the municipality from
which the adjudicating official derives authority.
(g) Superior Court shall have jurisdiction to issue writs of mandamus to adjudicating officials of any alderman’s court or mayor’s court
to compel compliance with this section.
(36 Del. Laws, c. 10, § 145; Code 1935, § 5683; 21 Del. C. 1953, § 704; 50 Del. Laws, c. 414, § 1; 55 Del. Laws, c. 256, §§ 1, 2;
56 Del. Laws, c. 402; 57 Del. Laws, c. 670, § 7B; 58 Del. Laws, c. 447; 60 Del. Laws, c. 553, §§ 1, 2; 63 Del. Laws, c. 221, §§ 1-3;
70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 43, § 3; c. 176, § 27; 76 Del. Laws, c. 28, § 1; 82 Del. Laws, c. 231, § 1.)
§ 703A. Reporting of offenses to the Division of Motor Vehicles by the courts.
All record convictions for any person for violations of this title, Title 4, Title 10, Title 11 and Title 16, which apply to motor vehicle
violations, the suspension and/or revocation of a license and/or driving privileges shall be reported within 30 days to the Division of
Motor Vehicles by each court within the State. Such reporting shall be deemed acceptable if in written form or by electronic data transfer.
The original conviction documents shall be retained by the court and forwarded to the Division upon request.
(70 Del. Laws, c. 87, § 1.)
§ 704. Jurisdiction over certain children; notice that child has been taken into custody.
(a) Justices of the peace shall have jurisdiction over a child 16 or 17 years of age or older charged with having violated this title, except
as provided in § 927 of Title 10 and except when said child is charged with having violated 1 or more of the offenses specified in § 927
of Title 10 and, in the same incident, is charged with having violated other Title 21 offenses not specified in § 927 of Title 10, in which
event the entire case shall be heard in the Family Court.
(b) Justices of the peace and arresting officers shall conform to the procedure for advising the accused of all rights of election of trial
in the Court of Common Pleas as provided in § 5901 of Title 11.
(c) Section 703 of this title shall also be applicable to all alleged offenders.
(d) Justices of the peace shall adhere to the procedures, where applicable, as specified in Chapter 9 of Title 10, for offenders over whom
they have jurisdiction pursuant to this section.
(e) Any peace officer having taken a child into custody or any justice of the peace before whom said child is brought by a peace officer
shall make a reasonable attempt to notify the person having the care of the child that the child has been taken into custody.
(f) The jurisdiction of the Family Court in matters involving the violation of this title by children 16 years of age or over is hereby
terminated, with the exception of those offenses over which the Family Court has expressly retained jurisdiction under § 927 of Title 10
and except for such actions for the violation of this title which were commenced prior to August 5, 1976.
(21 Del. C. 1953, § 704A; 58 Del. Laws, c. 115, § 1; 58 Del. Laws, c. 273; 60 Del. Laws, c. 708, §§ 4, 5; 63 Del. Laws, c. 326, §
1; 71 Del. Laws, c. 176, §§ 28, 29.)
§ 705. Bail.
In the event of an arrest for the violation of any section of this title, if the defendant is unable to give sufficient bail for a hearing or for
the defendant’s presence at court, the justice of the peace before whom the defendant is first taken may accept as a forfeit, conditioned
upon the defendant’s appearance, a sum of money equal in amount to the maximum fines which could be imposed for the offense charged
and the costs or in lieu of such bail or forfeit may accept any article of sufficient value or hold in custody a motor vehicle found in the
possession of the defendant. Such justice of the peace after the trial of the defendant, if sufficient bail according to law has not been
given in the meantime, shall make such order as to the disposal of such motor vehicle or other articles as to the justice of the peace
seems just and proper.
(36 Del. Laws, c. 10, § 145; Code 1935, § 5683; 21 Del. C. 1953, § 705; 70 Del. Laws, c. 186, § 1.)
§ 706. Disposition of fines and costs.
(a) All fines collected for the violation of any of the provisions of this title, in the limits of any county, incorporated city or town in
this State where arrests are procured by the authorized representatives of that county, incorporated city or town, shall be paid to that
county, incorporated city or town within which such offense was committed for the use of that county, incorporated city or town. Nothing
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Title 21 - Motor Vehicles
in this section shall be construed to entitle any county to fines, penalties or forfeitures arising from an arrest made under this title by
an authorized representative of that county for a violation committed within any incorporated city or town. All the fines, penalties and
forfeitures imposed and collected in any county of this State for violation of any of the laws of this title in relation to motor vehicles, where
the arrests are procured by the authorized representatives of the Department of Safety and Homeland Security, shall inure and be paid to
the State Treasurer for the General Fund. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures
are collected under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on
blanks to be furnished for that purpose by the Department of Safety and Homeland Security. All costs collected for the violation of any
of the provisions of this title shall be paid to the jurisdiction whose court imposed said costs.
(b) All fines and costs collected as a result of radar or other speed timing devices, where the device is operated to determine speed
beyond the corporate limits of an incorporated city or town but within the jurisdiction of the extended corporate limits provided by the
applicable municipal charter, shall be paid to the State Treasurer for the General Fund.
(c) Violation, refusal or neglect to comply with any of the provisions regarding the disposal of fines and forfeitures as provided in
subsection (a) of this section shall constitute misconduct in office and shall be ground for removal therefrom.
(36 Del. Laws, c. 10, § 145; Code 1935, § 5683; 21 Del. C. 1953, § 706; 57 Del. Laws, c. 670, § 7C; 60 Del. Laws, c. 432, § 1; 65
Del. Laws, c. 141, §§ 1-4; 71 Del. Laws, c. 152, §§ 1, 2; 74 Del. Laws, c. 110, § 138.)
§ 707. Sunday hearings; bail.
(a) Any justice of the peace or mayor may hear and determine cases involving alleged violation of the traffic laws on Sunday.
(b) Any judgment rendered or bail bond taken in pursuance of the provisions of this title shall be of full force and effect as though such
judgment were rendered or bail bond accepted on days other than Sundays, if the justice of the peace or mayor so rendering or accepting
bail bond on Sunday heretofore would have had jurisdiction on days other than Sundays to render such judgment or accept such bail bond.
(34 Del. Laws, c. 220, §§ 1, 2; Code 1935, § 5684; 21 Del. C. 1953, § 707.)
§ 708. Appeal.
(a) Any person convicted under this title, or under any municipal ordinance or other law, for a motor vehicle violation within the State
before an alderman or mayor of any incorporated city or town, shall have the right of an appeal, unless otherwise stated in this title, to the
Court of Common Pleas, upon giving bond in the sum of $500 to the State with surety satisfactory to the mayor or judge before whom
such person was convicted, such appeal to be taken and bond given within 15 days from time of conviction. Such appeal shall operate
as a stay or supersedeas of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The
taking of such appeal shall constitute a waiver by the appellant of the appellant’s right to a writ of certiorari in the Superior Court.
(b) Except as provided in subsection (a) of this section, any person convicted under this title shall have the right of an appeal to the
Court of Common Pleas only in those cases in which the sentence imposed was imprisonment, or a fine exceeding $100, upon giving
bond with surety satisfactory to the alderman, justice of the peace or a judge before whom such person was convicted, such appeal to be
taken and bond given with 15 days from the time of conviction. Such appeal shall operate as a stay or supersedeas of all proceedings in
the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver
by the appellant of the appellant’s right to a writ of certiorari in the Superior Court.
(36 Del. Laws, c. 10, § 146; Code 1935, § 5685; 48 Del. Laws, c. 337, § 1; 21 Del. C. 1953, § 708; 63 Del. Laws, c. 342, § 1; 69
Del. Laws, c. 427, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 66, § 1; 71 Del. Laws, c. 176, § 30.)
§ 709. Payment of motor vehicle fines.
(a) Applicability. — Any duly constituted peace officer in the State who charges any person with any of the offenses hereinafter
designated “motor vehicle offenses subject to voluntary assessment” may indicate on the Uniform Traffic Complaint and Summons that
the fine shall be paid by voluntary assessment unless the driver requests a hearing. When a voluntary assessment is permitted and the
Uniform Traffic Complaint and Summons is properly executed by the officer, the driver may dispose of the charge without the necessity
of personally appearing in the court to which the Uniform Traffic Complaint and Summons is returnable. The court to which the summons
is returnable shall be determined by § 703 of this title unless the summons permits a voluntary assessment, in which case it shall be
returnable to either the applicable court or a voluntary assessment center established by the Justice of the Peace Court. Notwithstanding
any provision of this section and chapter to the contrary, the City of Wilmington may establish the exclusive voluntary assessment center
for parking summonses issued for designated offenses within the boundaries of the City of Wilmington, and the Town of Elsmere may
establish a voluntary assessment center for any violation of a town ordinance within the boundaries of the Town of Elsmere.
(b) Definitions. — (1) “Payment,” as used in this section, shall mean the total amount of the fine and of the costs as herein provided
and of the penalty assessment added to the fine pursuant to the Delaware Victim Compensation Law, Chapter 90 of Title 11, and other
penalty assessment as provided by law.
(2) “Signature” shall include a written signature or an electronic signature as defined by § 101 of this title.
(3) “Voluntary assessment” means the process set forth in this section by which a driver may voluntarily remit payment of a Title
21 violation without having to appear in a court.
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(c) Places and time of payment. — Payments made pursuant to this section shall be remitted to the court or voluntary assessment center
to which the summons is returnable and shall be disbursed in accordance with § 706 of this title. The court or voluntary assessment
center must receive the payment within 30 days of the arrest. Payment to the voluntary assessment center shall be paid only by check,
money order or credit card.
(d) Jurisdiction. — This section shall apply to any licensed resident of the State; to residents of those jurisdictions with which the State
has entered a reciprocal agreement pursuant to Chapter 4 of this title; and to those out-of-state residents who, in the discretion of the
arresting peace officer, are deemed to be reliable prospects for a voluntary assessment disposition.
(e) Offenses designated as “motor vehicle offenses subject to voluntary assessment”; exceptions. — All offenses as now or hereafter
set forth in this title and all motor vehicle offenses falling within the scope of § 5211(a) of Title 30 are hereby designated as motor vehicle
offenses subject to voluntary assessment except for the following offenses:
(1) Violation of § 2118 of this title;
(2) Violation of § 2118A of this title;
(3) Violation of § 2701 of this title;
(4) Violation of § 2751 of this title;
(5) Violation of § 2752 of this title;
(6) Violation of § 2756 of this title;
(7) Violation of § 4103 of this title;
(8) Violation of § 4166(d) of this title;
(9) Violation of § 4172 of this title;
(10) Violation of § 4175 of this title;
(11) Violation of § 4175A of this title;
(12) Violation of § 4177 of this title;
(13) Violation of § 4177L of this title;
(14) Violation of § 4201 of this title;
(15) Violation of § 4202 of this title;
(16) Any violation of Chapter 67 of this title; and
(17) Violations of other Title 21 sections which are deemed not appropriate for processing by voluntary assessment.
(f) Procedure for voluntary assessment. — (1) At the time of making an arrest for any offense subject to this section, the arresting officer
shall determine whether the offense may be handled as a voluntary assessment. If the officer determines that the offense may be so treated,
the officer may indicate on the Uniform Traffic Complaint and Summons that payment shall be made by voluntary assessment, unless the
driver requests a hearing on the charge or charges. The officer shall inform the arrested person of the court or voluntary assessment center
to which payment should be submitted if the person does not request a hearing. No officer shall receive or accept custody of a payment.
(2) A driver who has been given a Uniform Traffic Complaint and Summons which specifies that payment be made by voluntary
assessment shall pay the fine, together with costs and penalty assessments, within 30 days from the date of arrest during which time
payment must be received by the applicable court or voluntary assessment center.
(3) In lieu of paying the voluntary assessment, a driver who has been given a voluntary assessment may request a hearing by notifying,
in writing, the court or the voluntary assessment center to which payment is to be made within 30 days of the date of arrest. If the
driver makes a timely request for a hearing, the charge shall be prosecuted as if the voluntary assessment had not been permitted and
the officer shall swear to the ticket prior to trial.
(4) If a voluntary assessment is not issued or the driver declines to accept the voluntary assessment, the officer shall follow the
procedure for arrest as set forth in Chapter 19 of Title 11.
(g) Penalty. — The penalty for offenses for which a voluntary assessment payment is made shall be the minimum fine for each specific
offense charged and fines shall be cumulative if more than 1 offense is charged. Provisions of this paragraph as to penalties under voluntary
assessment shall not apply if the voluntary assessment payment is not received by the voluntary assessment center or the applicable court
within 30 days from the date of arrest.
(h) Court costs; applicability of Delaware Victim Compensation Law. — In lieu of any other court costs, and provided the offense is
not subject to other proceedings under this section, each fine for an offense under this section shall be subject to court costs for processing
a voluntary assessment agreement as prescribed by § 9801 of Title 10. Each fine for an offense under this section shall be subject also
to the penalty assessment which is or may be provided for in the Delaware Victim Compensation Law, Chapter 90 of Title 11, and any
other penalty assessments as provided by law.
(i) Effect of payment of fine or signature; repeat offenders. — (1) Payment of the prescribed fine, costs and penalty assessment is an
admission of guilt, a waiver of the right to a hearing, and a complete satisfaction of the violation, except as provided in paragraph (i)(2)
of this section. Anything in this section notwithstanding, if an agreement for a voluntary assessment is signed by the driver, the signature
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of the driver shall constitute an acknowledgment of guilt of the stated offense and an agreement to pay the fine, together with costs and
penalty assessment within 30 days from the date of arrest. Payment does not waive any administrative penalty which may be lawfully
charged to the violator’s driving record by the Department of Safety and Homeland Security.
(2) In the event that, following compliance with the payment provisions of this section, it is determined that within the 2-year period
immediately preceding the violation, the violator was convicted of or made a payment pursuant to this section in satisfaction of a
violation of the same section of this title, personal appearance before the court to which the summons is returnable or the court which
is associated with the applicable voluntary assessment center may be required.
(j) Failure to pay a voluntary assessment. — (1) a. The voluntary assessment center shall, pursuant to § 2731 of this title, forward to
the Division of Motor Vehicles the name and address of any driver who was issued a Uniform Traffic Complaint and Summons for which
a voluntary assessment could be made and who has failed to do 1 of the following:
1. Pay the voluntary assessment within 30 days from the date of arrest.
2. Notify the court or voluntary assessment center within 30 days from the date of arrest, in writing, that the driver is requesting
a hearing on the charge stated in the Uniform Traffic Complaint and Summons.
3. Appear at trial on the charge stated in the Uniform Traffic Complaint and Summons on the date and time required by the court.
4. Pay the fine on the charge stated in the Uniform Traffic Complaint and Summons in accordance with a deferred payment order.
b. When the name and address of any driver has been forwarded to the Division of Motor Vehicles under paragraph (j)(1)a. of
this section, the Division of Motor Vehicles shall refuse to renew or issue a duplicate of the driver’s license of a Delaware resident,
in accordance with § 2732(g) of this title.
c. When the name and address of any driver has been forwarded to the Division of Motor Vehicles under paragraph (j)(1)a. of
this section, the Division of Motor Vehicles may suspend the driving privileges in this State of a nonresident of Delaware and
immediately advise the Motor Vehicle Administrator of the state in which the person is a resident that the person’s license to drive
be suspended in accordance with § 2733(m) of this title.
(2) If a driver pays a voluntary assessment more than 30 days after the date of arrest, the voluntary assessment center or court shall
provide the driver with a receipt which shall serve as proof to the Division of Motor Vehicles that the fine has been paid, upon request.
The driver shall provide the voluntary assessment center with a self-addressed, stamped envelope in order to receive a copy of the
receipt by mail. Such payment shall be an admission of guilt, a waiver of the right to a hearing, and a complete satisfaction of the
violation, except as provided in paragraph (i)(2) of this section.
(3) If a driver who has failed to pay a voluntary assessment or request a hearing within 30 days of the date of arrest appears at court,
the charge shall be prosecuted as if the voluntary assessment had not been permitted and the officer shall swear to the Uniform Traffic
Complaint and Summons prior to trial. The minimum fine provisions of subsection (g) of this section shall not apply. If the driver who
appears pleads not guilty, the court shall provide the driver with a copy of the appearance bond to provide as proof of court appearance
to the Division of Motor Vehicles.
(4) [Repealed.]
(k) Nonexclusive procedure. — The procedure prescribed in this section is not exclusive of any other method prescribed by law for
the arrest and prosecution of persons violating this title.
(60 Del. Laws, c. 509, § 1; 63 Del. Laws, c. 303, § 1; 67 Del. Laws, c. 281, § 27; 70 Del. Laws, c. 157, §§ 1, 2; 70 Del. Laws, c.
186, § 1; 71 Del. Laws, c. 240, § 3; 73 Del. Laws, c. 234, § 2; 74 Del. Laws, c. 110, § 138; 76 Del. Laws, c. 251, § 1; 78 Del.
Laws, c. 230, § 1; 80 Del. Laws, c. 137, § 1; 80 Del. Laws, c. 201, § 1; 83 Del. Laws, c. 145, § 2.)
§ 710. State Police size and weight enforcement technicians.
(a) The Secretary of Public Safety may designate civilian members of the Division of State Police as size and weight enforcement
technicians. Members of the Division of State Police so designated shall be empowered to perform the duties prescribed in subsection (b)
of this section when working in conjunction with, and in the physical presence of, sworn members of the Division.
(b) Civilian members of the Division of State Police, where designated pursuant to subsection (a) of this section, shall:
(1) Direct, control and regulate vehicle and pedestrian traffic;
(2) Inspect drivers’ licenses, vehicle registrations, motor fuel tax cab cards, and other documentations required by law;
(3) Measure and weigh vehicles and vehicle loads as set forth in § 4506 of this title;
(4) Issue voluntary assessments, summons and make traffic arrests for violations of this title and Chapter 52 of Title 30.
(64 Del. Laws, c. 181, § 1.)
§ 711. Summons or citations in offenses involving injury.
In any matter in which a violation of this title is alleged to involve physical injury to a person, other than the person charged with the
violation, each summons or uniform traffic citation issued by the arresting or investigating officer in the matter shall include thereon a
designation that it relates to injury-related offense.
(71 Del. Laws, c. 247, § 1.)
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§ 712. Uniform Traffic Complaint and Summons.
(a) Notwithstanding any other provision of law to the contrary, a Uniform Traffic Complaint and Summons may be issued electronically
or in written form. The office may sign the Uniform Traffic Complaint and Summons using an electronic and/or a written signature.
(b) Whenever a person is detained for commission of an offense under this title or § 5211(a) of Title 30, the arresting officer shall
verify the driver’s identification and shall enter identification information from the driver’s license in the Uniform Traffic Complaint and
Summons; specify on the Uniform Traffic Complaint and Summons the amount of the fine and whether it may be made by voluntary
assessment or whether appearance at the court is required; give a copy to the arrested person; and release such person from custody.
(c) The printed copy of an electronically issued Uniform Traffic Complaint and Summons shall contain a conspicuous statement of the
total number of charges on the first page and shall list each individual charge. All charges based on the same arrest shall be issued on the
same electronically issued Uniform Traffic Complaint and Summons unless evidence necessitates the subsequent issuance of a warrant.
(d) The Uniform Traffic Complaint and Summons shall be delivered forthwith from the time of arrest to the voluntary assessment
center or to the court to which the summons is returnable. The electronic Uniform Traffic Complaint and Summons shall be available
for immediate entry in the DELJIS system or its successor.
(e) When a Uniform Traffic Complaint and Summons is issued electronically, any printout or other output readable by sight shall be
an original except that once a ticket is sworn to prior to trial, the signed and sworn to ticket shall be the original from that point forward.
(73 Del. Laws, c. 234, § 3.)
§ 713. Classification of motor vehicle offenses.
Notwithstanding § 4203 of Title 11, any criminal offense in this title, unless otherwise declared with respect to particular offenses, or
unless an offense described in § 709(e)(1)-(16) of this title, shall be a violation. The provisions of § 4207 of Title 11 notwithstanding, the
court may impose a sentence in accordance with the sentence specified in the law defining the offense or a law in this title specifying a
sentence for the offense, and, if no sentence is so specified, the court may impose a fine up to $575. All second offenses, before being
punishable as such, shall have been committed within 24 months after the commission of the first offense, unless otherwise specifically
provided.
(77 Del. Laws, c. 60, § 2; 78 Del. Laws, c. 230, § 1; 81 Del. Laws, c. 247, § 1.)
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Title 21 - Motor Vehicles
Part I
General Provisions
Chapter 8
Provisions Regarding Civil Traffic Offenses
§ 801. Applicability.
The provisions of this chapter shall apply to civil penalties created pursuant to §§ 4101(d) and 4802 of this title and to other civil
penalties provided for in this title.
(75 Del. Laws, c. 204, § 1.)
§ 802. Authority to stop.
Any police officer is authorized to make an administrative stop for purposes of enforcing a civil traffic statute, upon a reasonable and
articulable suspicion that a violation of such statute has occurred.
(75 Del. Laws, c. 204, § 1.)
§ 803. Right of transfer.
The provisions of § 5303 of Title 11 shall not apply to a civil traffic offense. However, the Justice of the Peace Court may establish
procedures for transferring to the Court of Common Pleas a civil traffic offense with a criminal offense which occurred in the same
incident.
(75 Del. Laws, c. 204, § 1.)
§ 804. Jurisdiction over certain children.
The Justice of the Peace Court shall have jurisdiction over children age 16 or 17 years of age or older charged with a civil traffic offense
except when said child is also charged in the same incident with having violated 1 or more offenses specified in § 927 of Title 10, in
which event the entire case shall be heard in the Family Court. When the Justice of the Peace Court has jurisdiction over a child charged
with a civil traffic offense, the provisions of this chapter shall apply. Section 921(10) of Title 10 or Justice of the Peace Court Civil Rule
55 notwithstanding, such child may pay a civil penalty by voluntary assessment and a default judgment may be entered against such child
in any instance in which it would be entered against an adult.
(75 Del. Laws, c. 204, § 1.)
§ 805. Payment of penalties and costs.
(a) Payment of penalties and costs. — Upon being found responsible for a civil traffic offense, all the costs shall be paid by the party
found responsible.
(b) The videophone assessment provided for in § 4101(d) of Title 11 shall not be assessed.
(c) The victim’s compensation penalty assessment provided for in § 9016 of Title 11 shall not be assessed.
(d) Court costs shall be governed by Justice of the Peace Court rule, consistent with § 9801 of Title 10.
(e) Immediately upon imposition by a court of a civil penalty or costs or both, including a default judgment, the same shall be a judgment
against the person found responsible for the full amount of the penalty or costs or both. If not paid promptly upon its imposition or in
accordance with the terms of the order of the court, the clerk shall, upon motion, cause the judgment to be transferred to the civil judgment
docket whence it may be executed and enforced or transferred in the same manner as other judgments of the court; provided, however,
that where a stay of execution is otherwise permitted by law such a stay shall not be granted as a matter of right but only within the
discretion of the court.
(f) Any governmental entity to whom civil penalties or costs are payable pursuant to subsection (j) of this section or any other provision
of law may pursue execution on such judgment.
(g) Upon any reversal of a finding of responsibility, the State Treasurer shall remit to each person, or to the attorney of such person,
any civil penalty or costs or both which was later set aside by a court of higher jurisdiction upon a certiorari or appeal from the lower
court, as provided in § 4103 of Title 11 for fines.
(h) When a court imposes a civil penalty, costs or both, the court may direct that the defendant pay the entire amount at the time of
imposition or may direct that the defendant pay a specified portion of the civil penalty, or costs, or both at designated periodic intervals.
The Court may order the defendant to participate in work referral until the civil penalties and costs are paid. Failure to participate in courtordered work referral shall not result in contempt of court. Failure to participate in court-ordered work referral may result in the transfer
of the judgment to the Office of State Court Collections Enforcement to be collected according to § 4104 of Title 11.
(i) For purposes of ensuring the payment of civil penalties and costs and the enforcement of any orders imposed, the court shall retain
jurisdiction over the person found responsible for a civil traffic offense until any civil penalty or costs imposed are paid in full. The court
may discharge the civil penalty and costs of any person found responsible when the court receives evidence that such person is deceased.
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Title 21 - Motor Vehicles
(j) The provisions of § 706 of this title shall be applicable to the disposition of amounts collected for civil penalties and related costs.
(75 Del. Laws, c. 204, § 1; 77 Del. Laws, c. 294, § 1; 80 Del. Laws, c. 183, § 1.)
§ 806. Payment by voluntary assessment.
Civil traffic offenses shall be payable by mail to the voluntary assessment center or other applicable entity. The provisions of this
chapter shall govern the failure to pay a voluntary assessment for a civil traffic offense.
(75 Del. Laws, c. 204, § 1.)
§ 807. Default judgment.
If a defendant:
(1) Requests a hearing and fails to appear on a civil traffic charge; or
(2) Fails to either pay the voluntary assessment within the time specified on the notice or summons, or to notify the court or voluntary
assessment center or applicable entity within the required time, that the defendant wishes to have a hearing on the charge,
a default judgment may be entered against the defendant. Such judgments may be vacated or enforced consistent with § 805(e)
of this title.
(75 Del. Laws, c. 204, § 1; 70 Del. Laws, c. 186, § 1.)
§ 808. Forwarding of names to the Division of Motor Vehicles.
(a) Except as to persons operating a commercial motor vehicle in violation of § 4176C of this title, § 703A of this title shall not apply
to persons found responsible for civil traffic offenses. No record of a finding of responsible for a civil traffic violation shall be forwarded
to the Division of Motor Vehicles and no entry shall be made on the person’s driving record for a civil traffic violation.
(b) The court, voluntary assessment center or other authorized entity shall forward to the Division of Motor Vehicles the name and
address of a person who has:
(1) Been found responsible in court for a civil traffic offense and been ordered to pay a civil penalty, costs, or both, and who fails to
pay such civil penalty, costs, or both at the time of the order or in accordance with a payment schedule;
(2) Failed to either pay the voluntary assessment within the time specified on the summons or notice or notify the court or other
authorized entity within the required time, that the person wishes to have a hearing on the charge, or, submit an affidavit stating that
the person was not the driver, if applicable; or
(3) Has requested a trial on the charge and has failed to appear at the time and place set for trial.
(75 Del. Laws, c. 204, § 1; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 279, § 2.)
§ 809. Suspension of license.
When a person’s name and address is forwarded to the Division of Motor Vehicles pursuant to § 808(b) of this title and the offense
was one for which the person received personal service of the notice or summons, or the offense was one for which service was made
by mail and the person has either requested a hearing and failed to appear or been found responsible for the offense and failed to pay the
civil penalty, costs, or both, either at the time of the order or in accordance with a payment schedule, the Division of Motor Vehicles:
(1) Shall forthwith suspend the driver’s license of a resident of this State, unless the person’s name and address was forwarded to
the Division of Motor Vehicles under § 709(j) of this title, in which case the provisions of § 709(j) of this title shall apply.
(2) May suspend the driving privileges in this State of a nonresident of this State and immediately advise the motor vehicle
administrator of the state in which the person is a resident that the person’s license to drive be suspended until proof is provided that
the person has paid the civil penalty, costs, or both, has appeared in court following a default in appearance or payment and made
arrangements to pay the civil penalty, costs, or both, or has had a default judgment vacated and been found not responsible.
(75 Del. Laws, c. 204, § 1; 80 Del. Laws, c. 137, § 2; 80 Del. Laws, c. 201, § 1.)
§ 810. Refusal of registration renewal.
When a person’s name and address is forwarded to the Division of Motor Vehicles pursuant to § 808(b) of this title and the offense was
1 for which the person received service of the notice or summons by mail and the person has not responded within the required time by
either paying the civil penalty or requesting a hearing or, submitting an affidavit stating that the person was not the driver, if applicable,
the Division of Motor Vehicles may deny the renewal of the registration of the owner’s vehicle operated at the time the summons was
issued. The Division shall register any vehicle for which it has refused registration upon proof that the person has paid the civil penalty,
costs, or both, or has appeared in court following a default in appearance or payment and made arrangements to pay the civil penalty or
costs or both or has had a default judgment vacated and been found not responsible.
(75 Del. Laws, c. 204, § 1; 70 Del. Laws, c. 186, § 1.)
§ 811. Appeal.
Any appeals of civil penalties assessed under this chapter shall be taken in the same manner as provided in § 708 of this title.
(75 Del. Laws, c. 204, § 1.)
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§ 812. Court rules or policies.
The Justice of the Peace Court, upon approval by the Chief Justice, may develop court rules, administrative directives, or other forms
of policies for handling of civil traffic offenses.
(75 Del. Laws, c. 204, § 1.)
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Title 21 - Motor Vehicles
Part II
Registration, Title and Licenses
Chapter 21
Registration of Vehicles
Subchapter I
General Provisions
§ 2101. Operation of unregistered vehicle; exceptions.
(a) No person shall drive or move, nor shall any person, being the owner of a vehicle, knowingly permit to be driven or moved upon any
highway any vehicle, except trackless trolley coaches, of a type required to be registered hereunder, which is not registered and for which
current registration plates have not been issued as provided in this chapter or for which the appropriate fees have not been paid when and
as required by this chapter, except that when application accompanied by the proper fee has been made for registration and certificate
of title for a vehicle, the same may be operated temporarily pending complete registration upon displaying a duplicate application duly
verified or other evidence of such application or otherwise under rules and regulations promulgated by the Department.
(b) A motor vehicle or vehicle being towed by a motor vehicle registered as a tow truck or wrecker shall not be in violation of subsection
(a) of this section or § 2115 of this title if such towed vehicle has 1 end hoisted off the ground while being towed. The term tow truck
or wrecker does not apply to a vehicle registered as a truck tractor.
(c) A motor vehicle or vehicle being operated on public roadways for the purpose of being transported between the Wilmington Port
Authority and short-term parking areas within 1 mile of the facility’s gates need not be registered. These vehicles must have insurance
that meets the minimum requirements of § 2118 of this title, before they are operated on any public roadway.
(d) Notwithstanding any law or regulation to the contrary, a motor vehicle need not be registered and shall not be in violation of § 2115
of this title, if the vehicle is being driven by a repair technician for drive cycle testing, certified under the Delaware Emission Education
Program (“DEEP”) who has in that technician’s possession:
(1) A permit issued by the Department of Natural Resources permitting such operation;
(2) Testing equipment for an on board diagnostic test is installed in the vehicle; and
(3) The operator has evidence of a current and applicable garage keeper’s policy on hand, evidencing insurance coverage available
for such operation.
(36 Del. Laws, c. 10, § 7; Code 1935, § 5545; 47 Del. Laws, c. 265; 21 Del. C. 1953, § 2101; 49 Del. Laws, c. 220, § 20; 63 Del.
Laws, c. 339, § 1; 74 Del. Laws, c. 130, § 1; 77 Del. Laws, c. 293, § 1.)
§ 2102. Registration of vehicles of new residents; penalty.
(a) Every owner of a motor vehicle, trailer, or other vehicle shall, within 60 days after taking up residence in this State, apply to the
Secretary and obtain registration for the vehicle. Vehicle owners who have apportioned power units registered in Delaware under the
International Registration Plan are exempt from the requirement to register their trailers in accordance with the International Registration
Plan agreement. Members of the military and their families who have vehicles registered in their home state are also exempt from this
requirement.
(b) Whoever violates subsection (a) of this section shall be fined for the first offense not less than $400 nor more than $600. For each
subsequent like offense, such person shall be fined not less than $800 nor more than $1,200, or imprisoned not less than 10 days nor
more than 30 days, or both.
(Code 1935, § 5546A; 48 Del. Laws, c. 293, § 1; 21 Del. C. 1953, § 2102; 57 Del. Laws, c. 670, § 8A; 60 Del. Laws, c. 385, § 1;
64 Del. Laws, c. 466, § 5; 65 Del. Laws, c. 503, § 3; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 335, § 1.)
§ 2103. Temporary registration permits.
The Department may, in its discretion, grant temporary or limited registration permits, in no case to be valid for more than 15 days,
and may issue appropriate certificates or other evidence therefor as listed below:
(1) When application for a certificate of title has been made accompanied by the proper fee, a temporary permit without additional
fee may be issued pending action upon such application by the Department;
(2) During suspension of registration because of failure of the vehicle upon inspection to meet the legal performance requirements
or equipment standards, a temporary permit without additional fee may be issued to allow the vehicle to be driven away to be repaired
and returned for inspection or to be driven to a storage place;
(3) When a registration has expired, a temporary permit may be issued upon the payment of a fee of $20 in addition to the regular
fee for reregistration so that the vehicle may be driven to a place for repair, if necessary, and to an inspection station preparatory to
reregistration;
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Title 21 - Motor Vehicles
(4) For the movement of unregistered vehicles by persons entitled to move the same, when it is not proposed to secure a certificate
of title or a transfer of title to such vehicle, a temporary permit may be issued for which a fee of $20 shall be charged;
(5) For moving vehicles of which the ownership has been transferred by process of law as provided in §§ 2501-2507 of this title,
a permit may be issued without charge.
(6) Trip permit registrations pursuant to the International Registration Plan, as authorized in Chapter 4 of this title, may be issued for
any vehicle or combination of vehicles which could lawfully operate in this State if full registration or proportional registration were
obtained. A permit for this purpose shall be valid for 3 days, including the day issued, for which a fee of $15 shall be charged.
(Code 1935, § 5546A; 43 Del. Laws, c. 244, § 3; 21 Del. C. 1953, § 2103; 53 Del. Laws, c. 221, § 1; 67 Del. Laws, c. 260, § 1; 68
Del. Laws, c. 156, § 57(a), (b); 70 Del. Laws, c. 202, § 1; 80 Del. Laws, c. 77, § 14.)
§ 2104. Application for registration.
(a) Every owner of a vehicle desiring registration shall make application to the Department for the registration thereof upon the
appropriate form or forms furnished by the Department. Every such application shall bear the signature of the owner in a manner acceptable
to the Department.
(b) The application shall contain:
(1) The name and address of the owner: When the owner is an individual, the address shall be the bona fide residence of the individual;
when the owner is a partnership, association, trust or corporation, the address shall be that of the principal office thereof wherever
located together with the address of the principal office within this State, if any;
(2) A description of the vehicle including, insofar as the following specified data may exist with respect to a given vehicle, the make,
model, color, type of body, the serial number of the vehicle, or any number as may be assigned by the Department, and whether new
or used and, if a new vehicle, the date of sale by the manufacturer or dealer to the person intending to operate said vehicle;
(3) Such further information as may reasonably be required by the Department to enable it to determine whether the vehicle is
lawfully entitled to registration;
(4) The Department shall allow the registration of trailers for individuals who are not bona fide residents of Delaware if the individual
provides documented proof of ownership of a residence in Delaware and signs a declaration indicating the trailer will remain in Delaware
at all times.
(c) In the event that the vehicle for which registration is applied is a specially constructed, reconstructed or a foreign vehicle, such fact
shall be stated in the application, and with reference to every foreign vehicle which has been registered theretofore outside of this State,
the owner shall surrender to the Department all registration cards and certificates of title or other evidence of such foreign registration
or ownership as may be in the owner’s possession or under the owner’s control, except where in the course of interstate operation of a
vehicle registered in another state it is desirable to retain registration of the vehicle in such other state, such applicant need not surrender,
but shall submit for inspection, evidences of such foreign registration or ownership, and the Department upon a proper showing may
register the vehicle in this State, but shall not issue a certificate of title therefor.
(d) (1) The Department shall allow the registration of motor vehicles owned by individuals who are not bona fide residents of Delaware
upon presentation of an affidavit by the applicant, on a form approved by the Department, swearing or affirming:
a. That the vehicle is principally garaged in Delaware;
b. That the applicant is the owner of at least 1 other vehicle which is registered and insured in the state of the applicant’s domicile;
and
c. To such other information not inconsistent with this subsection as may be deemed appropriate by the Department or the Insurance
Commissioner.
(2) An affiant shall notify the Division of Motor Vehicles and the affiant’s automobile insurance company of any changes in the
above conditions within 30 calendar days from the date of change.
(3) The penalties prescribed by Chapter 24 of Title 18 shall apply to a violation of this subsection.
(36 Del. Laws, c. 10, § 8; 37 Del. Laws, c. 10, § 3; Code 1935, § 5546; 43 Del. Laws, c. 244, § 2; 21 Del. C. 1953, § 2104; 50
Del. Laws, c. 182, § 1; 62 Del. Laws, c. 190, § 5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 250, § 1; 71 Del. Laws, c. 319, § 1;
75 Del. Laws, c. 240, § 1; 81 Del. Laws, c. 183, § 1.)
§ 2105. Registration of heavy vehicles.
(a) Every person applying to register a vehicle at a registered gross vehicle weight in excess of 26,000 pounds shall provide to the
Department with the application documentation of the manufacturer’s gross vehicle weight rating for such vehicle.
(b) Any of the following items shall constitute acceptable documentation of the manufacturer’s gross vehicle weight rating in accordance
with this section:
(1) A valid manufacturer’s gross vehicle weight rating plate, sticker or plaque permanently affixed to the vehicle; or
(2) New vehicle delivery documents which contain the vehicle identification number (VIN), and the gross vehicle weight rating; or
(3) A written statement from the manufacturer setting forth the vehicle identification number (VIN), the weight ratings of the major
component parts of the vehicle, including axle assemblies, suspension system, frame and tires, and the overall gross vehicle weight
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Title 21 - Motor Vehicles
rating. The manufacturer’s statement must be based on the design weight rating of the component parts, including tires, and upon the
professional judgment of the manufacturer, in the exercise of due care, that the components and their installation are in accordance
with accepted industry practice and in compliance with the Federal Motor Vehicle Safety Standard found in Title 49 of the Code of
Federal Regulations.
(4) In the case that a vehicle is missing a valid manufacturer’s gross vehicle weight rating plate, sticker, or plaque, or cannot obtain
a manufacture’s statement, DMV shall assign a GVWR for that vehicle based on the federal bridge formula, or acceptable alternative.
(c) As used in this chapter, “manufacturer” shall include any maker of new, incomplete vehicles and such maker’s authorized sales
and service representatives; any maker or final assembler of vehicle bodies, components or specialized equipment; and any installer of
vehicle bodies, major components or specialized equipment which alters the vehicle’s gross vehicle weight rating, or which substantially
changes its use, and which conforms to the requirements of the National Traffic and Motor Vehicle Safety Act [repealed; see now 49
U.S.C. §§ 30101, et seq.] and of the Federal Motor Vehicle Safety Standard found in Title 49 of the Code of Federal Regulations.
(d) Any vehicle which has a gross weight in excess of 26,000 pounds, except as provided in §§ 2152 and 4502(c)(2) of this title, shall
not be registered at a weight in excess of the manufacturer’s gross vehicle weight for such vehicle or the Federal Bridge Formula in the
absence of a manufacturer’s gross vehicle weight rating. For those vehicles registered pursuant to § 2152 of this title, the actual gross
weight of the vehicle, or each vehicle in combination, shall not exceed the manufacturer’s gross vehicle weight rating. For those vehicles
registered for extra weight capacity pursuant to the exception of § 4502(c)(2) of this title, the following shall apply:
(1) Vehicles registering for such extra weight capacity shall pay a fee of $100 per vehicle at the time of registration;
(2) No vehicle with a manufacturer’s gross vehicle weight rating of less than 65,000 shall be registered at a weight in excess of the
manufacturer’s gross vehicle weight rating for such vehicle;
(3) No vehicle being registered for the first time shall be registered at a weight in excess of the manufacturer’s gross vehicle weight
rating for such vehicle;
(4) No vehicle with a model year 20 or more years prior to the date of registration shall be registered at a weight in excess of the
manufacturer’s gross vehicle weight rating for such vehicle; and
(5) Commencing June 15, 2026, no vehicle shall be registered at a weight in excess of the manufacturer’s gross vehicle weight
rating for such vehicle.
(e) If registered pursuant to § 2152 of this title, any vehicle which has a gross weight rating in excess of 26,000 pounds shall not be
operated within this State unless such vehicle is properly registered pursuant to this section and either:
(1) Has permanently affixed to it an unaltered and legible plate, sticker or plaque which states the gross vehicle weight rating; or
(2) Has within the vehicle the manufacturer’s gross vehicle weight rating documentation required by subsection (b) of this section.
(f) Any vehicle altered so as to change its gross vehicle weight rating or substantially change its use shall not be registered or operated
within this State unless the vehicle’s new gross weight rating is documented in accordance with subsection (b) of this section.
(g) If the gross vehicle weight rating for a vehicle registered pursuant to this section is documented in accordance with paragraph (b)
(2) or (3) of this section, the Division of Motor Vehicles shall maintain such documentation of the manufacturer’s gross vehicle weight
rating as part of such vehicle’s title file.
(67 Del. Laws, c. 400, § 1; 68 Del. Laws, c. 366, § 2; 69 Del. Laws, c. 3, § 1; 69 Del. Laws, c. 4, § 1; 70 Del. Laws, c. 339, §§
1-3; 71 Del. Laws, c. 128, §§ 1, 2; 75 Del. Laws, c. 190, §§ 1, 2; 77 Del. Laws, c. 189, § 1; 77 Del. Laws, c. 244, § 1; 77 Del.
Laws, c. 316, § 1; 83 Del. Laws, c. 308, § 1.)
§ 2106. Registration of vehicle and owner; records.
The Department shall file each application received and, when satisfied as to the genuineness and regularity thereof and that the
applicant is entitled thereto, shall register the vehicle therein described and the owner thereof in suitable books or in data processing
computers under:
(1) A distinctive registration number assigned to the vehicle hereinafter referred to as the registration number, which may consist of
a numerical figure or figures or of a letter or letters with a numerical figure or figures;
(2) The name of the owner;
(3) The vehicle identification number and, in the discretion of the Division, in any other method it determines.
(36 Del. Laws, c. 10, § 9; Code 1935, § 5547; 43 Del. Laws, c. 244, § 4; 21 Del. C. 1953, § 2106; 58 Del. Laws, c. 59.)
§ 2107. Registration card; issuance; information thereon.
(a) The Department upon registering a vehicle shall issue a registration card and deliver it to the owner.
(b) The registration card shall contain the date issued, the name and address of the owner, the registration number assigned to the
vehicle, such description of the vehicle as may be determined by the Secretary, the period for which the vehicle is registered, a form for
endorsement of notice to the Department upon transfer of the vehicle and a space in which the signature of the owner shall be placed
to validate the card.
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Title 21 - Motor Vehicles
(c) This section shall be exempt from the provisions of § 2116 of this title.
(36 Del. Laws, c. 10, § 10; Code 1935, § 5548; 43 Del. Laws, c. 244, § 5; 21 Del. C. 1953, § 2107; 57 Del. Laws, c. 670, § 8A; 58
Del. Laws, c. 239, § 52; 65 Del. Laws, c. 113, §§ 1, 2.)
§ 2108. Possession of registration card.
The registration card issued for a vehicle required to be registered under this title shall at all times, while the vehicle is being operated
upon a highway within this State, be in the possession of the operator thereof or carried in the vehicle and subject to inspection by any
peace officer. However, an operator shall be allowed 24 hours to produce the registration card before a conviction can be obtained under
this provision, such registration having been legally issued at a time prior to such operator’s arrest.
(36 Del. Laws, c. 10, § 11; Code 1935, § 5549; 21 Del. C. 1953, § 2108; 62 Del. Laws, c. 190, § 6; 70 Del. Laws, c. 186, § 1.)
§ 2109. Period of registration; effective date.
(a) Any vehicle described in § 2151 of this title may be registered for 24 months, 12 months or 6 months and the effective date of the
registration shall be the date the vehicle is titled. Any used vehicle not more than 7 model years old may be registered from 6 to 72 months
based on a model year and mileage formula established by the Division of Motor Vehicles. The Division of Motor Vehicles may require
vehicles to be registered for less than 24 months as may be necessary to ensure a balanced monthly distribution of vehicle inspections and
registrations; all fees shall be prorated. The registration of a vehicle shall expire at midnight on the last day of the period for which it is
registered, and the vehicle shall not thereafter be operated upon the highways of this State until it has been reregistered according to law.
This section shall not apply to the vehicles registered under the International Registration Plan or to vehicles registered under temporary
or limited permits or certificates as otherwise provided by this title.
(b) The owner of any semitrailer or trailer who wishes to match that vehicle’s license plate expiration with the towing vehicle’s license
plate expiration may register such semitrailer or trailer for a period of from 1 to 12 months. In addition to the registration fee, which shall
be prorated for the number of months registered, there shall be a service fee of $3.00. This subsection shall not apply to those vehicles
which are under a fleet account as specified in § 2143(c) of this title.
(c) Notwithstanding subsections (a) and (b) of this section, any newly-manufactured current model year motor vehicle or trailer with a
gross registered weight of 10,000 pounds or less not previously registered or titled in any state or country may be initially registered by
the owner for 7 years or less. Newly-manufactured previous model year motor vehicles or trailers having the above criteria may initially
be registered for 6 years or less by a prorated formula established by the Division of Motor Vehicles. The effective date of registration
shall be the date the vehicle is titled. The registration fee shall be the number of years selected multiplied by the annual registration fee.
Thereafter, the registration shall be renewed pursuant to § 2110 of this title.
(d) In calculating the prorated fees or combined annual fees payable pursuant to this section, the fees shall be calculated using the rates
in effect or scheduled to be in effect during the period of the prorated or extended registration.
(36 Del. Laws, c. 10, § 14; Code 1935, § 5552; 45 Del. Laws, c. 287, § 1; 21 Del. C. 1953, § 2109; 57 Del. Laws, c. 271, § 1; 58
Del. Laws, c. 365, §§ 1, 2; 60 Del. Laws, c. 382, §§ 1, 2; 65 Del. Laws, c. 330, § 1; 66 Del. Laws, c. 91, § 1; 67 Del. Laws, c. 411,
§§ 1, 2; 68 Del. Laws, c. 123, § 1; 68 Del. Laws, c. 156, § 56(e); 70 Del. Laws, c. 88, § 1; 72 Del. Laws, c. 18, §§ 1, 2; 81 Del.
Laws, c. 184, § 1.)
§ 2110. Renewal of registration; new card and plate; cancellation of renewal by owner prior to effective
date.
(a) Prior to the expiration of the period for which a vehicle is registered pursuant to § 2109 of this title, the registration may be renewed
to extend from the date of expiration for an additional period of 6 months or 1 year or 2 years, and the effective date of the renewed
registration shall be based on the calendar day the vehicle was titled. Vehicles no more than 7 model years old may be renewed for up to
72 months based on a prorated model year formula established by the Division of Motor Vehicles.
Any time prior to the expiration of the period for which a vehicle is registered with a commercial, trailer or farm truck license plate, the
registration thereof may be renewed to extend from the date of expiration for an additional period of 3 months, 6 months, 1 year or 2 years.
(b) Upon renewing the registration of any vehicle or upon reregistering any vehicle, the Department shall furnish a new registration
plate or plates showing the new registration period or the expiration date thereof and shall issue a new registration card or appropriately
endorse the new registration period on the original card.
(c) A renewal registration of a vehicle for an additional period to take effect at the expiration of the registration thereof may be canceled
on application to the Secretary at any time before the renewal registration is to take effect, and thereupon the Secretary shall refund to the
owner the registration fee so paid for such renewal registration upon the receipt for cancellation by the Secretary for any such renewal
registration card or registration plates, or both, issued pursuant to such renewal and otherwise cancel any endorsement of such renewal
entered on the original card.
(d) Notwithstanding the provisions of subsections (a), (b) and (c) of this section, the registration of any trailer with a gross registered
weight of 4,000 pounds or less and for which the annual safety inspection is waived may be renewed for 3 years, at the option of the
owner. If this option is selected, the registration fee shall be 3 times the annual registration fee.
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Title 21 - Motor Vehicles
(e) In calculating the prorated fees or combined annual fees payable pursuant to this section, the fees shall be calculated using the rates
in effect or scheduled to be in effect during the period of the prorated or extended registration.
(36 Del. Laws, c. 10, § 14; Code 1935, § 5552; 45 Del. Laws, c. 287, § 1; 21 Del. C. 1953, § 2110; 57 Del. Laws, c. 271, § 2; 57
Del. Laws, c. 670, § 8A; 58 Del. Laws, c. 365, § 3; 66 Del. Laws, c. 91, § 2; 67 Del. Laws, c. 411, §§ 3, 4; 68 Del. Laws, c. 123, §
2; 68 Del. Laws, c. 156, § 56(f); 70 Del. Laws, c. 88, § 1; 72 Del. Laws, c. 18, § 3; 81 Del. Laws, c. 184, § 2.)
§ 2111. Duplicate registration cards.
In the event that any registration card issued under this title is lost, mutilated or becomes illegible, the person who is entitled thereto
shall make immediate application for and obtain a duplicate or substitute therefor upon furnishing information of such fact satisfactory
to the Department and upon payment of the required fees.
(36 Del. Laws, c. 10, § 19; Code 1935, § 5557; 21 Del. C. 1953, § 2111.)
§ 2112. Registration by nonresidents.
(a) A nonresident owner, except as otherwise provided in this section, owning any foreign vehicle which has been duly registered for
the current registration year in the state, country or other place of which the owner is a resident and which at all times, when operated
in this State, has displayed upon it the number plate or plates issued for any such vehicle in the place of residence of such owner may
operate or permit the operation of such vehicle within this State without registering such vehicle or paying any fees to this State.
(b) Motor vehicles owned and controlled by nonresidents of this State, who are residents or citizens of foreign nations, and the drivers
and operators thereof shall be accorded the free use of the highways of this State without restriction by way of license or registration and
without the imposition of any tax or fee. This subsection shall not apply to vehicles owned or controlled by residents or citizens of foreign
nations and drivers and operators thereof when such foreign nations do not extend similar privileges to the residents of the United States.
(c) A nonresident owner, operator or custodian of any motor vehicle, vehicle or trailer using such vehicle for transportation of persons
or property for compensation within this State or for the transportation of merchandise within this State shall register each such vehicle
and pay the same fees therefor as is required with reference to like vehicles owned by residents of this State.
(d) The requirements of subsection (c) of this section may be waived by the Department of Transportation for vehicles registered in
those jurisdictions which reciprocate with vehicles registered in this State.
(e) The Secretary shall enforce this title and shall have the power to suspend the operating privilege of all, a class or a part of any class
of motor vehicles or trailers or semitrailers registered in another jurisdiction when, in the Secretary’s judgment, any such jurisdiction
prohibits the free operation therein of a class or part of any class of motor vehicles or trailers or semitrailers belonging to residents of
this State and which have been properly registered in accordance with the laws of this State. The Secretary shall also have power to
suspend for violation of any of the provisions of this title, or on other reasonable grounds, the operating privilege of any motor vehicle or
trailer or semitrailer belonging to a nonresident. In suspending any such operating privilege, the Secretary shall notify the official or body
performing the registration duty in the jurisdiction in which the nonresident resides of such action. If any such motor vehicle or trailer or
semitrailer whose operating privilege has been suspended shall thereafter be driven in this State, such driving shall constitute a violation
of § 2115(1) of this title, and the driver of any such vehicle shall be subject to the penalty prescribed in § 2116. The Secretary shall also
have the power to impound the vehicle in violation until the fees imposed under § 402 of this title have been paid to the Department. Any
impoundment fees or towing fees incurred as a result of a violation of this section shall be at the registered owner’s expense.
(f) (1) A motor vehicle lessor may include separately stated mandatory charges in a rental agreement, including, but not limited to,
vehicle licensing recovery fees, airport access fees, airport concession fees and all applicable taxes.
(2) If a motor vehicle lessor includes a vehicle licensing recovery fee as a separately stated charge in a rental transaction, the amount
of the fee shall represent the motor vehicle lessor’s good-faith estimate of the motor vehicle lessor’s average cost per vehicle of the
motor vehicle lessor’s total Delaware annual titling and registration costs incurred under this chapter.
(3) If the total amount of vehicle licensing recovery fees collected by the motor vehicle lessor under this section in any calendar
year exceeds the motor vehicle lessor’s actual costs to license, title, register, and plate rental vehicles for that calendar year, the motor
vehicle lessor shall do the following:
a. Retain the excess amount; and
b. Adjust the estimated average per vehicle titling and registration charges for the following year by a corresponding amount.
(4) As used in this subsection:
a. “Motor vehicle” means that term as defined in § 101 of this title.
b. “Motor vehicle lessor” means a person whose primary business is renting motor vehicles to consumers under rental agreements
for periods of 90 days or less.
c. “Vehicle licensing recovery fee” means a charge that may be included in a vehicle rental transaction originating in this State to
recover costs incurred by a motor vehicle lessor to license, title, register, and plate rental vehicles.
(34 Del. Laws, c. 15; 36 Del. Laws, c. 10, § 18; Code 1935, § 5556; 42 Del. Laws, c. 168, § 4; 21 Del. C. 1953, § 2112; 60 Del.
Laws, c. 597, § 1; 64 Del. Laws, c. 339, § 3; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 40; 79 Del. Laws, c. 167, § 1.)
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Title 21 - Motor Vehicles
§ 2113. Special farm vehicle registration.
Farmers may register vehicles for farm use in the following manner:
(1) Farm truck, semitrailer, and trailer license plates (“FT” tags):
a. Farmers may qualify for the reduced registration fee for “FT” license tags if they derive at least $1,000 of their annual income
from the operation of their farm and they own or rent at least 10 acres which is actively used in the farming operation from which
they derive that income.
b. Any vehicle, semitrailer or trailer upon which an “FT” license tag is affixed must be used exclusively in the operation of a farm
or for personal use other than nonfarming commercial use.
c. Farmers shall not hire or rent the farm truck, semitrailer, or trailer, or permit a farm truck, semitrailer, or trailer to be used for
hauling merchandise, farm products, or other items whatsoever under rent, hire, or for pay.
d. [Repealed.]
(2) Farm vehicle license plates (“FV” tags) exempt from inspection:
a. Except as hereinafter provided, after October 7, 2014, no person shall operate any farm vehicle within the State unless
such vehicle has been registered in accordance with this chapter. Such registration shall not permit the vehicle to be operated on
any highway except as hereinafter specifically provided. This registration is for identification only and does not constitute being
“registered” in this State, for purposes of § 2118 of this title, or any other requirement of this chapter.
b. Farmers may qualify for an inspection waiver for a farm motor vehicle, farm vehicle, or farm trailer if they derive at least $1,000
of their annual income from the operation of their farm and they own or rent at least 10 acres which are actively used in the farming
operation from which they derive that income.
c. Any vehicle or trailer upon which a “FV” tag is affixed must be used exclusively in the operation of a farm, or for personal
use other than nonfarming commercial use.
d. No farm motor vehicle, farm vehicle, or farm trailer may be used for hire or for any use except in the exclusive operation of a
farm owned or rented by the owner of such vehicle or trailer, or in aid of and assistance to another farmer for harvest purposes.
e. Farmers shall not hire or rent any farm motor vehicle, farm vehicle, or farm trailer, or permit a farm motor vehicle, farm vehicle,
or farm trailer to be used for hauling merchandise, farm products, or other items whatsoever under rent, hire, or for pay.
f. Farmers shall not use any vehicle or trailer upon which an “FV” tag is affixed for any use except in the operation of a farm
owned or rented by the titled owner of such vehicle or trailer or in aid of and assistance to another farmer for harvest purposes, or
for personal use other than nonfarming commercial use.
g. No farm motor vehicle, farm vehicle, or farm trailer to which an “FV” tag is affixed may be operated or towed upon the public
highways or roads unless:
1. Those highways and roads are within a 20-mile radius of a farm owned or managed by the owner of the vehicle or trailer;
2. The vehicle or trailer is operated or towed by a person who is properly licensed by the Division of Motor Vehicles;
3. The vehicle or trailer is properly equipped with a stop light, turn signals and brakes which are in a safe operating condition.
(Code 1935, § 5640B; 47 Del. Laws, c. 255, § 2; 21 Del. C. 1953, § 2113; 60 Del. Laws, c. 500, §§ 1, 2; 63 Del. Laws, c. 289, §
1; 68 Del. Laws, c. 300, § 1; 69 Del. Laws, c. 21, § 1; 70 Del. Laws, c. 2, § 1; 73 Del. Laws, c. 173, § 1; 74 Del. Laws, c. 383, §
1; 77 Del. Laws, c. 244, § 2; 79 Del. Laws, c. 104, § 1; 79 Del. Laws, c. 210, § 1.)
§ 2113A. Low-speed vehicles.
(a) Definition. — “Low-speed vehicle” means a 4-wheeled motor vehicle, other than a truck, whose speed attainable in 1 mile is more
than 20 miles per hour but no more than 25 miles per hour on a paved level surface. The low-speed vehicle shall be limited to a gross
vehicle weight rating (GVWR) of less than 2,500 pounds.
(b) Operation of low-speed vehicles. — Low-speed vehicles shall only be operated on roads where the posted speed limit is not more
than 35 miles per hour. A low-speed vehicle may cross a highway at an intersection where the highway has a posted speed limit of more
than 35 miles per hour. Low-speed vehicles shall not be operated on dual highways, as defined in § 135 of Title 17 and located in the
unincorporated portions of the State, except as needed to cross them. Low-speed vehicles may be operated on such dual highways within
incorporated cities and towns if the respective municipal government enacts an ordinance permitting such movement, subject to the other
limitations of this section. All low-speed vehicles shall meet the requirements of 49 C.F.R. § 571.500.
(c) Driver’s license requirement. — All persons operating a low-speed vehicle on the highways of this State shall hold a valid driver’s
license.
(d) Safety inspections. — Low-speed vehicles shall be exempt from Delaware’s safety inspection. Division of Motor Vehicles personnel
will verify the vehicle identification number on those vehicles titled in another jurisdiction, which are being titled in Delaware for the
first time. A fee of $15 shall be charged for Division of Motor Vehicles technicians to perform offsite vehicle identification number
verification. Upon registration and renewal of a low-speed vehicle’s registration, the owner shall certify, under penalty of perjury, that
all lights, brakes, tires, seat belts and other vehicle equipment are in good working condition.
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Title 21 - Motor Vehicles
(e) Insurance. — Low-speed vehicles shall be required to maintain insurance as required by § 2118 of this title. Delaware automobile
insurance companies may provide automobile insurance on these vehicles at their option. These automobile insurance companies shall
not be mandated to provide insurance on low-speed vehicles by regulation or law.
(f) Title and registration. — (1) Low-speed vehicles shall be titled as specified in Chapters 23 and 25 of this title. The manufacturer’s
certificate of origin and Delaware title shall clearly identify the vehicle as a low-speed vehicle. The Division shall not issue vehicle
identification numbers to homemade low-speed vehicles or retrofitted golf carts unless these vehicles meet all of the requirements of
the Federal Motor Vehicle Safety Standard, 49 C.F.R. § 571.500. Normal title and document fees shall be charged to register a lowspeed vehicle in Delaware.
(2) Registration fees shall be the same as a normal passenger vehicle as defined in § 2151(2) of this title. Registration periods shall
comply with §§ 2109 and 2110 of this title. A regular license plate shall be displayed on the rear of the vehicle.
(g) Dealer requirements. — Any person engaged in the retail sale of low-speed vehicles must be licensed by the Division of Motor
Vehicles as a licensed motor vehicle dealer, must comply with all of the requirements of Chapter 63 of this title, and must meet all Division
of Motor Vehicles rules and regulations.
(h) Whoever violates this section shall for the first offense be fined not less than $50 nor more than $100. For each subsequent like
offense, the person shall be fined not less than $100 nor more than $200, or imprisoned not less than 10 days nor more than 30 days or both.
(76 Del. Laws, c. 10, § 1.)
§ 2114. Suspension of registration upon notice of theft.
Whenever the owner of any motor vehicle, trailer or semitrailer, which has been stolen or embezzled, files an affidavit of the fact
thereof with the Department, the Department shall forthwith suspend the registration of such vehicle and shall not transfer the title of or
reregister the vehicle until it has been notified that the owner has recovered such vehicle. The notice shall be effective for the current
registration period, but, if during that time the vehicle is not recovered, a new affidavit to like effect may be filed with the Department,
and the notice shall be effective for a further period of 12 months. Thereafter like notices may be given effective from year to year. Every
owner who has filed an affidavit of theft or embezzlement shall immediately notify the Department of the recovery of such vehicle, and
failure so to do within 30 days after such recovery shall be punished as provided in § 2116 of this title.
(36 Del. Laws, c. 10, § 20; Code 1935, § 5558; 43 Del. Laws, c. 244, § 11; 21 Del. C. 1953, § 2114.)
§ 2115. Violations of registration provisions.
No person shall:
(1) Operate or, being the owner of any motor vehicle, trailer or semitrailer, knowingly permit the operation upon a highway of any
motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number
plate or plates assigned thereto by the Department and unexpired registration plate or plates, subject to the exemptions allowed in this
title, or under temporary or limited permits as otherwise provided by this title;
(2) Display or cause or permit to be displayed or have in possession any registration card, number plate or registration plate, knowing
the same to be fictitious or to have been canceled, revoked, suspended or altered;
(3) Lend to, or knowingly permit the use by, one not entitled thereto any registration card, number plate or registration plate issued
to the person so lending or permitting the use thereof;
(4) Fail or refuse to surrender to the Department upon demand any registration card, number plate or registration plate which has
been suspended, canceled or revoked as provided in this title;
(5) Use a false or fictitious name or address in any application for the registration or inspection of any vehicle, or for any renewal
or duplicate thereof, or for any certificate or transfer of title, or knowingly make a false statement, knowingly conceal a material fact
or otherwise commit a fraud in any such application;
(6) Drive or move or, being the owner, cause or knowingly permit to be driven or moved, on any highway any vehicle or combination
of vehicles which is in such unsafe condition as to endanger any person or which is equipped in any manner in violation of this title,
but the provisions of this title with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road
rollers or farm tractors except as herein made applicable;
(7) Own or operate any qualified motor vehicle as defined under the International Registration Plan, as authorized in Chapter 4
of this title, not properly displaying an apportioned plate with required registration credentials, or operate a qualified motor vehicle
without having in that person’s possession a trip permit registration as authorized in § 2103(6) of this title. Any person who violates
this subsection shall, for the first offense, be fined not less than $115 nor more than $345, and for each subsequent offense not less
than $345 nor more than $575. In addition, such person shall also be fined in an amount which is equal to the cost of registering the
vehicle at its gross weight at the time of the offense or at the maximum legal limit, whichever is less, which fine shall be suspended
if, within 5 days of the offense, the court is presented with a valid registration card for the gross weight at the time of the offense or
the maximum legal limit for such vehicle.
(8) Operate or tow any farm vehicle upon the highways or roads of this State unless properly licensed by the Department, or being
the owner of any farm vehicle knowingly permit the operation or towing of any farm vehicle upon the highways or roads of this State
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Title 21 - Motor Vehicles
unless operated or towed by a person who is properly licensed by the Department, whether or not the farm vehicle is registered, or is
exempt from inspection and registration pursuant to § 2113 of this title;
(9) Do any act forbidden or fail to perform any act required under this chapter.
(36 Del. Laws, c. 10, § 25; 40 Del. Laws, c. 38, § 10; Code 1935, § 5563; 43 Del. Laws, c. 244, § 14; 21 Del. C. 1953, § 2115; 49
Del. Laws, c. 220, § 21; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 202, § 2; 73 Del. Laws, c. 173, § 2.)
§ 2116. Penalties.
(a) Whoever violates this chapter shall, for the first offense, be fined not less than $10 nor more than $100 or be imprisoned not less
than 30 days nor more than 90 days or both. For each subsequent like offense, the person shall be fined not less than $50 nor more than
$200 or imprisoned not less than 90 days nor more than 6 months or both, in addition to which any person, being the operator or owner of
any vehicle which requires a registration fee which is calculated upon the gross weight of the vehicle and any load thereon shall be fined
at a rate double that which is set forth in this subsection and be imprisoned as provided herein or both. In addition, such person shall also
be fined in an amount which is equal to the cost of registering the vehicle at its gross weight at the time of the offense or at the maximum
legal limit, whichever is less; which fine shall be suspended, if within 5 days of the offense the court is presented with a valid registration
card for the gross weight at the time of the offense for the maximum legal limit for such vehicle.
(b) (1) Notwithstanding the provisions of subsection (a) of this section, whoever violates § 2115(1)-(5) of this title shall, for the first
offense, be fined not less than $50 nor more than $200, be imprisoned not less than 30 days nor more than 90 days, or be penalized by both
fine and imprisonment. For each subsequent like offense, such person shall be fined not less than $100 nor more than $300, be imprisoned
not less than 90 days nor more than 6 months, or be penalized by both fine and imprisonment.
(2) Any owner or operator of a vehicle which requires a registration fee which is calculated upon the gross weight of the vehicle, and
any load thereon, and who violates § 2115(1)-(5) of this title, shall be fined at a rate double that which is set forth in this subsection,
or be imprisoned as provided herein, or be both fined and imprisoned. In addition, such person shall also be fined an amount which is
equal to the costs of registering the vehicle either at its gross weight at the time of the offense, or at the maximum legal limit, whichever
is less. Such fine shall be suspended if, within 5 days of the offense, the court is presented with a valid registration card for the actual
gross weight of the vehicle at the time of the offense.
(c) This section shall not apply to violations for which a specific punishment is set forth elsewhere in this chapter.
(d) For any violation of the registration provisions of § 2102 or § 2115 of this title and in absence of any traffic offenses relating to
driver impairment, the violator’s copy of the traffic summons shall act as that violator’s authority to drive the vehicle involved by the
most direct route from the place of arrest to either the violator’s residence or the violator’s current place of abode.
(36 Del. Laws, c. 10, § 32; 37 Del. Laws, c. 10, §§ 10, 11; Code 1935, § 5570; 21 Del. C. 1953, § 2116; 59 Del. Laws, c. 332, §§
1, 2; 64 Del. Laws, c. 207, § 2; 69 Del. Laws, c. 307, §§ 1, 3, 4.)
§ 2117. Refunds of fees paid for certain unused registrations.
Upon the surrender to the Department of the number plates or plate issued for a vehicle registered under this title, and the furnishing of
proof satisfactory to the Secretary and the State Treasurer that (1) the owner of the vehicle entered the armed forces of the United States
after such vehicle was registered or (2) that the owner of such vehicle is 65 years of age or older and that the owner voluntarily surrendered
such owner’s operator’s license following the attainment of such age and the registration or reregistration of such vehicle, and that the
registration of such vehicle is in full effect, there shall be refunded to such owner, from the General Fund of this State, from funds not
otherwise appropriated, a sum equal to as many twelfths of the fee paid for the registration of the vehicle as there are full calendar months
in the registration year following the date of the receipt of the number plates or plate, less the sum of $1.00.
(21 Del. C. 1953, § 2117; 57 Del. Laws, c. 632; 70 Del. Laws, c. 186, § 1.)
§ 2118. Requirement of insurance for all motor vehicles required to be registered in this State; penalty [For
application of this section, see 82 Del. Laws, c. 160, § 5].
(a) No owner of a motor vehicle required to be registered in this State, other than a self-insurer pursuant to § 2904 of this title, shall
operate or authorize any other person to operate such vehicle unless the owner has insurance on such motor vehicle providing the following
minimum insurance coverage:
(1) Indemnity from legal liability for bodily injury, death or property damage arising out of ownership, maintenance or use of the
vehicle to the limit, exclusive of interest and costs, of at least the limits prescribed by the Financial Responsibility Law of this State.
(2) a. Compensation to injured persons for reasonable and necessary expenses incurred within 2 years from the date of the accident for:
1. Medical, hospital, dental, surgical, medicine, x-ray, ambulance, prosthetic services, professional nursing and funeral services.
Compensation for funeral services, including all customary charges and the cost of a burial plot for 1 person, shall not exceed
the sum of $5,000. Compensation may include expenses for any nonmedical remedial care and treatment rendered in accordance
with a recognized religious method of healing.
2. Net amount of lost earnings. Lost earnings shall include net lost earnings of a self-employed person.
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3. Where a qualified medical practitioner shall, within 2 years from the date of an accident, verify in writing that surgical or
dental procedures will be necessary and are then medically ascertainable but impractical or impossible to perform during that 2year period, the cost of such dental or surgical procedures, including expenses for related medical treatment, and the net amount
of lost earnings lost in connection with such dental or surgical procedures shall be payable. Such lost earnings shall be limited to
the period of time that is reasonably necessary to recover from such surgical or dental procedures but not to exceed 90 days. The
payment of these costs shall be either at the time they are ascertained or at the time they are actually incurred, at the insurer’s option.
4. Extra expenses for personal services which would have been performed by the injured person had they not been injured.
5. “Injured person” for the purposes of this section shall include the personal representative of an estate; provided, however,
that if a death occurs, the “net amount of lost earnings” shall include only that sum attributable to the period prior to the death
of the person so injured.
b. The minimum insurance coverage which will satisfy the requirements of subparagraph a. of this paragraph is a minimum limit
for the total of all payments which must be made pursuant to that subparagraph of $15,000 for any 1 person and $30,000 for all
persons injured in any 1 accident.
c. The coverage required by this paragraph shall be applicable to each person occupying such motor vehicle and to any other
person injured in an accident involving such motor vehicle, other than an occupant of another motor vehicle.
d. The coverage required by this paragraph shall also be applicable to the named insureds and members of their households for
accidents which occur through being injured by an accident with any motor vehicle other than a Delaware insured motor vehicle
while a pedestrian or while occupying any registered motor vehicle other than a Delaware registered insured motor vehicle, in any
state of the United States, its territories or possessions or Canada.
e. The coverage required in this paragraph shall apply to pedestrians only if they are injured by an accident with any motor vehicle
within the State except as to named insureds or members of their households to the extent they must be covered pursuant to paragraph
(a)(2)d. of this section.
f. The owner of a vehicle may elect to have the coverage described in this paragraph written subject to certain deductibles, waiting
periods, sublimits, percentage reductions, excess provisions and similar reductions offered by insurers in accordance with filings
made by such insurers with the Department of Insurance; applicable to expenses incurred as a result of injury to the owner of a vehicle
or members of the owner’s household; provided that the owner of a motorcycle may elect to exclude from such coverage expenses
incurred as a result of injury to any person riding such vehicle while not on a highway and in any case of injury when no other vehicle
was involved by actual collision or contact. This election must be made in writing and signed by the owner of the vehicle; insurers
issuing such policies may not require such reductions. For all policies having a deductible pursuant to this paragraph the insured
shall receive in writing as a separate document a full explanation of all deductible options available, and the insured shall sign such
written explanation acknowledging receipt of a copy of same. In addition the insured shall sign a separate statement acknowledging
the specific deductible the insured is selecting and the related cost for the policies with such deductible. An insured person may
not plead and introduce into evidence in an action for damages against a tortfeasor the amount of the deductible; however, insurers
shall recover any deductible for their insureds or their household members pursuant to subsection (g) of this section. Any notices or
documents required under this section may be delivered in compliance with the provisions of § 107 of Title 18.
g. The coverage required by this paragraph shall be considered excess over any similar insurance for passengers, other than
Delaware residents, when the accident occurs outside the State.
h. Insurers shall notify injured persons covered under this section that the coverage is for 2 years from the date of the accident,
and that it is only extended for compensation related to surgical or dental procedures that are related to the accident and that were
impossible or impractical to perform within the 2-year period. Such surgical or dental procedures must be verified in writing, within
2 years of the accident, by a qualified medical practitioner.
i. 1. Expenses under paragraph (a)(2)a. of this section shall be submitted to the insurer as promptly as practical, in no event more
than 2 years after they are received by the insured.
2. Payments of expenses under paragraph (a)(2)a. of this section shall be made as soon as practical after they are received during
the period of 2 years from the accident. Expenses which are incurred within the 2 years but which have been impractical to present
to an insurer within the 2 years shall be paid if presented within 90 days after the end of the 2-year period.
(3) Compensation for damage to property arising as a result of an accident involving the motor vehicle, other than damage to a
motor vehicle, aircraft, watercraft, self-propelled mobile equipment and any property in or upon any of the aforementioned, with the
minimum limits of $10,000 for any 1 accident.
(4) Compensation for damage to the insured motor vehicle, including loss of use of the motor vehicle, not to exceed the actual cash
value of the vehicle at the time of the loss and $10 per day, with a maximum payment of $300, for loss of use of such vehicle.
The owner of the motor vehicle may elect to exclude, in whole or in part, the coverage described in this paragraph by the use of certain
deductibles and exclusions in accordance with filings made by the insurer with the Department of Insurance.
(b) No owner of a motor vehicle being operated in this State shall operate in this State, or authorize any other person to operate such
vehicle in this State, unless the owner has insurance on such motor vehicle equal to the minimum insurance required by the state or
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jurisdiction where said vehicle is registered. If the state or jurisdiction of registration requires no minimum insurance coverage, then such
owner must have insurance on such motor vehicle equal to the minimum insurance coverage required for motor vehicles registered in
this State. However, an owner shall not be convicted under this subsection if, prior to conviction, the owner shall produce to the court
in which the offense is to be tried the insurance identification card or in lieu thereof other sufficient proof of insurance showing such
insurance to be in full force and effect at all pertinent times when the motor vehicle was being operated in this State. The Justice of
the Peace Court may permit an operator charged under this subsection to provide proof of insurance to the Court by mail or facsimile
transmission in lieu of a personal appearance. Proof of insurance shall be as prescribed by the Court and shall be sent to the Court directly
from the operator’s insurer or the insurer’s agent or broker. It shall be the responsibility of the operator to ensure that proof of insurance
is received and accepted by the Court. When proof of insurance is sent by mail or fax, the Court may also accept a guilty plea by mail
or fax for any accompanying charge for which a voluntary assessment is permitted under § 709(e) of this title. A guilty plea so accepted
shall have the same force and effect as if the operator had made the plea in open court. The Justice of the Peace Court shall enact court
rules to implement the handling of such cases by mail or facsimile transmission. Where proof of insurance is provided by facsimile, the
operator’s insurer or the insurer’s agent or broker must confirm the information by mail and the Justice of the Peace Court must confirm
by telephone that the facsimile was sent by the operator’s insurer or the insurer’s agent or broker.
(c) Only insurance policies validly issued by companies authorized to write in this State all the kinds of insurance embodied in the
required coverages shall satisfy the requirements of this section.
(d) Nothing in this section shall be construed to prohibit the issuance of policies providing coverage more extensive than the minimum
coverages required by this section or to require the segregation of such minimum coverages from other coverages in the same policy.
(e) Policies purporting to satisfy the requirements of this section shall contain a provision which states that, notwithstanding any of
the other terms and conditions of the policy, the coverage afforded shall be at least as extensive as the minimum coverage required by
this section.
(f) The coverage described in paragraphs (a)(1)-(4) of this section may be subject to conditions and exclusions customary to the field
of liability, casualty and property insurance and not inconsistent with the requirements of this section, except there shall be no exclusion
to any person who sustains bodily injury or death to the extent that benefits therefore are in whole or in part either payable or required
to be provided under any workers’ compensation law.
(g) Insurers providing benefits described in paragraphs (a)(1)-(4) of this section shall be subrogated to the rights, including claims
under any workers’ compensation law, of the person for whom benefits are provided, to the extent of the benefits so provided.
(1) Such subrogated rights shall be limited to the maximum amounts of the tortfeasor’s liability insurance coverage available for the
injured party, after the injured party’s claim has been settled or otherwise resolved, except that the insurer providing benefits shall be
indemnified by any workers’ compensation insurer obligated to make such payments to the injured party.
(2) Any settlement made with an injured party by a liability insurer shall not be challenged or disputed by any insurer having
subrogated rights.
(3) Disputes among insurers as to liability or amounts paid pursuant to paragraphs (a)(1)-(4) of this section shall be arbitrated by the
Wilmington Auto Accident Reparation Arbitration Committee or its successors. Any disputes arising between an insurer or insurers
and a self-insurer or self-insurers shall be submitted to arbitration which shall be conducted by the Commissioner in the same manner
as the arbitration of claims provided for in subsection (j) of this section.
(4) No insurer or self-insurer shall join or be joined in an action by an injured party against a tortfeasor for the recovery of damages
by the injured party and/or the recovery of benefits paid by the insurer or self-insurer.
(5) Nothing contained herein shall prohibit a liability insurer from paying the subrogated claim of another insurer prior to the
settlement or resolution of the injured party’s claim. However, should the amount of such settlement or resolution, in addition to the
amount of any subrogated claim, exceed the maximum amount for the tortfeasor’s liability insurance coverage available for the injured
party, then any insurer who has been paid its subrogated claim shall reimburse the tortfeasor’s liability insurer that portion of the claim
exceeding the maximum amount of the tortfeasor’s liability insurance coverage available for the injured party.
(6) Unless specifically excepted by this subsection, this subsection shall also apply to self-insurers.
(h) Any person eligible for benefits described in paragraph (a)(2) or (3) of this section, other than an insurer in an action brought
pursuant to subsection (g) of this section, is precluded from pleading or introducing into evidence in an action for damages against a
tortfeasor those damages for which compensation is available under paragraph (a)(2) or (3) of this section without regard to any elective
reductions in such coverage and whether or not such benefits are actually recoverable.
(i) Nothing in this section shall be construed to require an insurer to insure any particular risk. Nothing herein shall limit the insurer’s
obligation pursuant to the Delaware Automobile Plan.
(j) Every insurance policy issued under this section shall require the insurer to submit to arbitration, in the manner set forth hereinafter,
any claims for losses or damages within the coverages required under paragraph (a)(2) of this section and for damages to a motor vehicle,
including the insured motor vehicle, including loss of use of such vehicle, upon request of the party claiming to have suffered a loss or
damages within the above-described coverages of paragraph (a)(2) of this section or to such a motor vehicle. Such request shall be in
writing and mailed to the Insurance Commissioner.
(1) All arbitration shall be administered by the Insurance Commissioner or the Insurance Commissioner’s nominee.
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(2) The Insurance Commissioner or the Insurance Commissioner’s nominee shall establish a panel of arbitrators consisting of
attorneys authorized to practice law in the State and insurance adjusters licensed to act as such in the State.
(3) The Insurance Commissioner, or the Insurance Commissioner’s nominee, shall select 3 individuals from the panel of arbitrators,
at least 1 of whom shall be an attorney authorized to practice law in the State, to hear each request for arbitration.
(4) The Insurance Commissioner, or the Insurance Commissioner’s nominee, shall promulgate all rules and regulations necessary
to implement this arbitration program.
(5) The right to require such arbitration shall be purely optional and neither party shall be held to have waived any of its rights by
any act relating to arbitration and the losing party shall have a right to appeal de novo to the Superior Court if notice of such appeal is
filed with that Court in the manner set forth by its rules within 30 days of the date of the decision being rendered.
(6) The Insurance Commissioner shall establish a schedule of costs of arbitration; provided, however, the arbitrator’s fee shall not
exceed $25 per arbitrator for any 1 arbitration.
(7) The cost of arbitration shall be payable to the State Department of Insurance, and shall be maintained in a special fund identified
as the “Arbitration Fund” which shall be administered by the Insurance Commissioner. These funds under no circumstances shall revert
to the General Fund. All costs of arbitration including administrative expenses of the Insurance Department and the arbitrator’s fee
shall be payable from this Fund.
(8) The applicant may be reimbursed the cost of filing arbitration as a part of the award rendered by the arbitration panel. If an
insurer should pay an applicant damages in advance of a hearing, they shall include with those damages the cost to the applicant of
filing the arbitration.
(9) This subsection shall also apply to self-insurers.
(k) Every insurance company authorized to transact the business of motor vehicle liability insurance in this State shall file with the
Insurance Commissioner as a condition of its continued transaction of such business within this State a form approved by the Insurance
Commissioner stating that its motor vehicle liability policies, on Delaware registered vehicles wherever issued, shall be deemed to provide
the insurance required by this section. A nonadmitted insurer may file such a form.
(l) A motor vehicle registration shall not be issued or renewed for any vehicle not covered by a vehicle insurance policy meeting the
requirements of this title. All insurers shall send to the Division of Motor Vehicles notice, in written or electronic form per the direction
of the Division, of any cancellations or terminations of private passenger automobile insurance under § 3904(a)(1) of Title 18 for any
private passenger automobile policies which are final and occur within the first 6 months after such policies are issued. The Insurance
Commissioner may further change the timeframe for notification by regulation. All insurers shall send notice to the named insured when
a motor vehicle insurance policy is canceled pursuant to the provisions of § 3905 or § 3920 of Title 18.
(m) A motor vehicle owner shall, upon request of the Division of Motor Vehicles, offer proof of insurance in full force and effect as
a condition of registration or continued registration of a motor vehicle. The Division of Motor Vehicles, upon proof from its records or
other sufficient evidence that the required insurance has not been provided or maintained or has terminated or otherwise lapsed at any
time, shall immediately suspend the registration of the uninsured vehicle. The registration shall remain suspended until:
(1) The required insurance is obtained or replaced and the vehicle owner submits evidence of insurance on a form prescribed by the
Division of Motor Vehicles and certified by the insurer or its agent; and
(2) An uninsured motorist penalty fee is paid to the Division of Motor Vehicles.
(n) (1) Except as provided in subsection (p) of this section, within 5 days of the notice of suspension from the Division of Motor
Vehicles, the owner will surrender to the Division of Motor Vehicles the vehicle’s certificate of registration and the registration plate.
(2) The Division of Motor Vehicles will promulgate rules and/or regulations to cover those circumstances in which there is an
allegation of lost or stolen tags.
(3) Each insurer shall report to the Division of Motor Vehicles, within 30 days on a form prescribed by the Division of Motor
Vehicles, the name of any person or persons involved in an accident or filing a claim who is alleged to have been operating a Delaware
registered motor vehicle without the insurance required under this chapter. At a minimum, the insurer shall provide the name, address
and description of the vehicle alleged to be uninsured. Each insurer shall take reasonable care when reporting potential violations of this
section, but in no case shall an insurer, provider or any of its employees or agents incur any liabilities for erroneous reports of a violation.
(4) In addition to any other penalty provided for in the Delaware Motor Vehicle Law, if the required insurance for a vehicle terminates
or otherwise lapses during its registration year, the Division of Motor Vehicles shall assess the owner of the vehicle with a penalty
of $100 for each vehicle without the required insurance for a period of up to 30 days. When a penalty fee is assessed, beginning on
the thirty-first day of the penalty period, the penalty fee shall increase by a rate of $5.00 for each subsequent day until the insurance
is replaced, tags are surrendered to the Division of Motor Vehicles, or the registration expires, whichever occurs first. The Division
of Motor Vehicles shall also charge a registration reinstatement fee of $50. When the Division of Motor Vehicles assesses a vehicle
owner with a penalty under this subsection, the Division shall not reinstate a registration suspended under this section until the penalty
is paid, and the owner has also paid a registration reinstatement fee of $50.
(o) “Insurance identification card” shall mean a card issued by or on behalf of an insurance company or bonding company duly
authorized to transact business in this State which states in such form as the Insurance Commissioner may prescribe or approve that such
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company has issued a vehicle insurance policy meeting the requirements of this title. If the insured and insurance company both consent,
the insurance identification card may be produced in electronic format. Acceptable electronic formats include display of electronic images
on a cellular phone or any other type of portable electronic device. The Insurance Commissioner shall require all insurance companies
transacting business within this State to provide with each vehicle insurance policy an insurance identification card describing the vehicle
covered. The insurance identification card shall be valid for a period not to exceed 6 months. Notwithstanding this limitation, an insurance
identification card may be issued for a period of 12 months if premium has been paid for the 12-month period. If an owner shall have
filed a financial security deposit, or shall have qualified as a self-insurer, the term “insurance identification card” shall mean a card issued
by the Office of the Insurance Commissioner which evidences that such deposit has been filed or that such owner has so qualified.
(p) (1) The insurance identification card issued for a vehicle required to be registered under this title shall at all times, when the vehicle
is being operated upon a highway within this State, be in the possession of the operator thereof or carried in the vehicle and shall be
produced upon the request of a police officer or any other party involved in an accident with the insured. If the operator of a motor vehicle
is unable to produce an insurance identification card at the time of a traffic stop or an accident the operator shall be issued a summons
to appear in court. If the operator is convicted under this subsection and has not provided proof of insurance in effect as of the date of
conviction, the court shall, in addition to any other penalties imposed, notify the Division of Motor Vehicles of the lack of insurance. The
Division of Motor Vehicles shall promptly suspend the vehicle’s registration pursuant to the provisions of subsection (m) of this section.
a. Presentation of proof of insurance in electronic format shall not constitute consent for law enforcement or other state officials
to access other contents of the cellular phone or other portable electronic device, and shall not expand or restrict authority to conduct
a search or investigation.
b. Law-enforcement officers and other state officials shall not be liable for any damage to a cellular phone or portable electronic
device resulting from its use to present satisfactory proof of motor vehicle liability insurance coverage.
c. A police officer may require the operator to electronically forward the proof of insurance to a specified location provided by
the officer. The electronic insurance information would then be viewed in a setting which is safe for the officer to verify that all
the information is valid and accurate.
(2) An operator shall not be convicted under this subsection if, prior to conviction, the operator shall produce to the court in which
the offense is to be tried the insurance identification card or in lieu thereof other sufficient proof, including but not limited to an
automobile, garage keeper’s or other commercial or personal insurance policy, showing that there was insurance in full force and effect
at all pertinent times covering or which would cover the said motor vehicle or the operation of the said motor vehicle by the operator
charged under this subsection.
(3) Subject to paragraph (p)(2) of this section above, the Justice of the Peace Court may permit an operator charged under this
subsection to provide proof of insurance to the Court by mail or facsimile transmission or other Court approved method in lieu of a
personal appearance. Proof of insurance shall be as prescribed by the Court and shall be sent to the Court directly from the operator’s
insurer or the insurer’s agent or broker. It shall be the responsibility of the operator to ensure that proof of insurance is received and
accepted by the Court. When proof of insurance is accepted by the court by any means other than personal appearance, the Court may
also accept a guilty plea in absentia for any accompanying charge for which a voluntary assessment is permitted under § 709(e) of this
title. A guilty plea so accepted shall have the same force and effect as if the operator had made the plea in open court. The Justice of the
Peace Court shall enact court rules to implement the handling of such cases by means other than personal appearance of the operator.
(4) Where the individual is charged with violating this section, and at the time of the alleged offense, the individual was operating
a vehicle owned or leased by the individual’s employer in the course and scope of the individual’s employment, the individual shall
not be convicted of violating this section unless the individual knew or should have known that the employer’s vehicle failed to meet
the requirement of this section.
(q) (1) The Division of Motor Vehicles shall annually select for verification on a random sample basis not less than 10% of vehicle
registrations subject to the insurance required by this section. This verification will be made through the insurers as reflected in the
Division’s records.
(2) Any vehicle owner identified by the Division as a possible uninsured shall submit proof of insurance within 30 days of the
Division’s request for such proof, to the Division of Motor Vehicles on a form prescribed by the Division and certified by an insurer
or agent.
(3) The failure of a vehicle owner to submit the required proof under this section within a 30-day period shall be prima facie evidence
that the vehicle is uninsured and the owner shall be subject to the penalties as prescribed in subsections (l) and (m) of this section.
(4) With respect to any vehicle which has:
a. Had its registration suspended by the Division of Motor Vehicles pursuant to subsection (m) of this section,
b. Had transfer of custody of its license plate ordered by the Justice of the Peace Court pursuant to subsection (p) of this section, or
c. Failed to produce proof of insurance in a timely fashion pursuant to this subsection (q) of this section,
an officer of the Delaware State Police or member of the Department of Insurance’s Fraud Prevention Bureau (“the Fraud Bureau”)
may confiscate the registration plate of that vehicle at any time absent affirmative proof that the vehicle is currently insured. Prior to
any confiscation pursuant to this subsection, the registered owner of a vehicle shall receive notice at least 7 days prior to confiscation by
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Title 21 - Motor Vehicles
regular and certified mail that such confiscation is to occur, and shall be provided a means to prove that the vehicle has current insurance
prior to the indicated confiscation date. The Division of Motor Vehicles and the Justice of the Peace Court shall provide information
to the Fraud Bureau and Delaware State Police sufficient to allow those organizations to enforce this subsection. Registration plates
confiscated pursuant to this subsection shall be turned over to the Division of Motor Vehicles, which shall follow procedures established
pursuant to and consistent with subsection (m) of this section for return of said plates. The Fraud Bureau shall provide its members
with sufficient training to ensure safe enforcement of this subsection.
(r) In the event of a suspension of a driver’s license pursuant to this section, the Department may issue an occupational license during a
period of suspension upon application by the applicant upon a form prescribed by the Department and sworn to by the applicant; provided,
that the applicant sets forth in said application that the suspension of such license has created an extreme hardship and that no prior
occupational license has been issued within the preceding 12 months; provided, however, that no such occupational license shall be issued
until the applicant demonstrates proof of liability insurance on all motor vehicles owned by such applicant or spouse. If the suspension of
the driver’s license resulted from the arrest and conviction of a person stemming from an incident in which property damage or personal
injury occurred, an occupational license shall not be issued, the other provisions of this subsection to the contrary notwithstanding.
(s) (1) Whoever violates any subsection of this section shall be fined for the first offense not less than $1,500 nor more than $2,000 and
shall have that person’s driving license and/or privileges suspended for 6 months. For each subsequent offense occurring within 3 years
of a former offense, that person shall be fined not less than $3,000 nor more than $4,000 and shall have that person’s driver’s license
and/or driving privilege suspended for 6 months. The minimum fine levied for a violation of subsection (a), (b), or (p) of this section
may be suspended, in whole or in part, by the Court if evidence is presented that the defendant has secured insurance between the date
of charge and the date of sentencing.
(2) Failure of the owner or operator to produce an insurance identification card for insurance which is in full force and effect at
the time of the offense shall be presumptive evidence that such person is operating such person’s vehicle without having insurance
required by this title.
(3) Notwithstanding the penalties specified above, anyone convicted of driving without minimum insurance as required in this section
shall have such person’s privileges of driving suspended in this State until such time as such person has furnished proof of insurance
to the Division of Motor Vehicles.
(t) (1) The Division of Motor Vehicles shall periodically select for verification of the required insurance all vehicles owned, individually
or jointly, by a person who has been previously convicted of violating the provisions of this subchapter.
(2) The Division of Motor Vehicles may determine the accuracy of information relating to the proof of required insurance satisfying
the provisions of this section.
(u) (1) The Division of Motor Vehicles may require evidence that any motor vehicle registered in a person’s name, individually or
jointly, is covered by the insurance required by this chapter, at a conference, hearing or interview:
a. As a result of point accumulation on the owner’s motor vehicle driving record pursuant to the rules and regulations of the
Division of Motor Vehicles; or
b. To show cause why the person’s license should not be suspended or revoked pursuant to the laws of this State or the rules and
regulations of the Division of Motor Vehicles.
(2) The Division of Motor Vehicles may require evidence that any vehicle registered in a person’s name, individually or jointly, is
covered by the insurance required by this chapter, at the time of reinstatement of driving privileges.
(3) The evidence of insurance shall be on a form prescribed by the Division of Motor Vehicles and certified by an insurer or its agent.
(4) Failure to submit the required proof under this section shall be prima facie evidence that any vehicle registered in that person’s
name, either individually or jointly, is uninsured and the owner shall be subject to the penalties as prescribed in subsections (l) and
(m) of this section.
(v) (1) If a person has been issued an equipment inspection notice pursuant to § 2144 of this title, the person shall send within 30 days
to the Division of Motor Vehicles the evidence of insurance or security required by this chapter on a form prescribed by the Division
and certified by an insurer or agent.
(2) A failure to submit the evidence required by paragraph (v)(1) of this section shall result in the suspension of the registration of
the vehicle cited and the assessment of the uninsured motorist penalty fee under this section.
(w) The Division of Motor Vehicle shall conduct a study or cause such study to be conducted to assess the feasibility and costs of
establishing a direct computer link between the Division of Motor Vehicle’s registration files and the insurance companies’ data bases for
the purposes of allowing the Division to conduct “real time” status reports of uninsured motorists. The Division of Motor Vehicles shall
also conduct a study or cause such study to be conducted to analyze the ramifications of implementing an uninsured motorist program
in the State similar to that of Virginia’s Uninsured Motorist Program.
(x) Notwithstanding any contrary provisions of the Code, there shall be established a special fund of the State to be known as the
D.M.V.T. Fund. The Secretary of Finance shall, commencing upon July 18, 1995, and commencing at the beginning of each fiscal year
thereafter, cause to be deposited into the D.M.V.T. Fund amounts received as payments of fines and costs assessed by the Justice of the
Peace Courts and/or the Court of Common Pleas under this section, until the amount deposited in said fiscal year shall equal $150,000.
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Title 21 - Motor Vehicles
(y) The purpose of the D.M.V.T. Fund is to provide for the administrative costs associated with this Act. Any balance in the D.M.V.T.
Fund as of the last day of the fiscal year in excess of $15,000 shall be deposited to the General Fund. The Secretary of Finance shall make
deposits to the D.M.V.T. Fund as required under this section commencing after August 1, 1995.
(z) The Director of the Division of Motor Vehicles may adopt such rules and regulations, not inconsistent with this title, as are necessary
to enforce this section.
(21 Del. C. 1953, § 2118; 58 Del. Laws, c. 98, § 1; 58 Del. Laws, c. 353, § 1; 58 Del. Laws, c. 443; 59 Del. Laws, c. 179, §§ 1-3;
59 Del. Laws, c. 574, §§ 1, 3; 60 Del. Laws, c. 337, §§ 1, 2; 60 Del. Laws, c. 433, § 2; 61 Del. Laws, c. 66, § 1; 61 Del. Laws, c.
292, §§ 1-3; 61 Del. Laws, c. 320, § 1; 61 Del. Laws, c. 417, §§ 1, 2; 62 Del. Laws, c. 280, § 1; 63 Del. Laws, c. 149, § 1; 63 Del.
Laws, c. 405, § 1; 64 Del. Laws, c. 198, §§ 1, 2; 64 Del. Laws, c. 356, § 1; 65 Del. Laws, c. 177, § 1; 65 Del. Laws, c. 324, § 1;
65 Del. Laws, c. 503, § 4; 67 Del. Laws, c. 177, §§ 1, 2; 68 Del. Laws, c. 331, §§ 1-4; 68 Del. Laws, c. 336, § 1; 69 Del. Laws, c.
116, § 3; 69 Del. Laws, c. 155, §§ 1, 2; 69 Del. Laws, c. 197, § 1; 69 Del. Laws, c. 413, § 1; 70 Del. Laws, c. 186, § 1; 70 Del.
Laws, c. 247, §§ 1-3; 72 Del. Laws, c. 20, § 1; 72 Del. Laws, c. 58, §§ 1, 2; 72 Del. Laws, c. 219, § 1; 72 Del. Laws, c. 380, §§ 1,
2; 74 Del. Laws, c. 110, § 139; 74 Del. Laws, c. 400, § 1; 75 Del. Laws, c. 59, § 1; 76 Del. Laws, c. 128, § 1; 77 Del. Laws, c. 419,
§ 1; 78 Del. Laws, c. 247, § 2; 79 Del. Laws, c. 269, § 1; 82 Del. Laws, c. 16, § 1; 82 Del. Laws, c. 160, § 4; 83 Del. Laws, c. 90, §
1.)
§ 2118A. Unlawful possession or manufacture of proof of insurance, penalties.
(a) It shall be unlawful for any person to possess, manufacture, sell, distribute or circulate a fictitious insurance identification card
or any fictitious proof of insurance. A fictitious insurance identification card shall be any document in written or electronic format not
manufactured in compliance with § 2118(o) of this title. Fictitious proof of insurance shall be any document in written or electronic
format not produced in compliance with § 2118(o) of this title.
(b) It shall also be unlawful for any person to possess, manufacture, sell, distribute or circulate a blank insurance identification card.
However, the following shall be exempt from this subsection: Office of the Insurance Commissioner, insurance companies or bonding
companies or their employees or agents or employees of such agents in the discharge of their employment duties.
(c) Any person convicted of a violation of subsection (a) or (b) of this section shall be fined for the first offense not less than $500, nor
more than $1500, or imprisoned not less than 30 days, nor more than 60 days, or both. For each subsequent violation, the person shall be
fined not less than $1000, nor more than $2000, or be imprisoned not less than 60 days, nor more than 6 months, or both.
(68 Del. Laws, c. 406, § 1; 79 Del. Laws, c. 269, § 2.)
§ 2118B. Processing and payment of insurance benefits.
(a) The purpose of this section is to ensure reasonably prompt processing and payment of sums owed by insurers to their policyholders
and other persons covered by their policies pursuant to § 2118 of this title, and to prevent the financial hardship and damage to personal
credit ratings that can result from the unjustifiable delays of such payments.
(b) When an insurer is notified in writing by the claimant that the claimant desires to file an initial claim for benefits pursuant to §
2118(a)(2) of this title, the insurer shall, no later than 10 days following the insurer’s receipt of said notification, provide that claimant
with a form for filing such a claim. For purposes of this subsection an insurer shall be deemed to have provided a claimant with a form
for filing a claim when the insurer deposits such a form in an envelope addressed to such claimant with the United States Postal Service
and with postage affixed for first class (or better) delivery. If an insurer fails to comply with the provisions of this subsection, the insurer
shall pay the claimant a sum equal to 1 percent of the amount due as of the date on which the claim was required to be provided for each
day beyond the prescribed period for compliance, not to exceed $5,000.
(c) When an insurer receives a written request for payment of a claim for benefits pursuant to § 2118(a)(2) of this title, the insurer shall
promptly process the claim and shall, no later than 30 days following the insurer’s receipt of said written request for first-party insurance
benefits and documentation that the treatment or expense is compensable pursuant to § 2118(a) of this title, make payment of the amount
of claimed benefits that are due to the claimant or, if said claim is wholly or partly denied, provide the claimant with a written explanation
of the reasons for such denial. If an insurer fails to comply with the provisions of this subsection, then the amount of unpaid benefits due
from the insurer to the claimant shall be increased at the monthly rate of:
(1) One and one-half percent from the thirty-first day through the sixtieth day; and
(2) Two percent from the sixty-first day through the one hundred and twentieth day; and
(3) Two and one-half percent after the one hundred and twenty-first day.
(d) If an insurer fails to comply with subsection (b) or (c) of this section, the claimant may recover the amount due through a civil
action in any court of competent jurisdiction or through a Delaware Insurance Commissioner’s Arbitration Proceeding, consistent with §
2118(j)(1)-(9) of this title, at the option of the claimant. Any judgment entered for a claimant in a civil action or arbitration proceeding
brought under this section shall include, in addition to the amount due and any additional amount provided for by subsections (b) and
(c) of this section, an award for the costs of the action and the prosecution of the action, including reasonable attorney’s fees; provided,
however, that the costs of the action and the prosecution of the action, including reasonable attorney’s fees shall only be awarded if it
is found that the insurer acted in bad faith. The burden of proving that the insurer acted in bad faith shall be on the claimant. Any sums
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other than the original claim paid under this subsection shall not reduce the amount of coverage available under the insurance policy
that is the basis for the claim.
(e) If an action pursuant to subsection (d) of this section is not filed within 90 days of the date of denial or the date when benefits
are due as provided for in subsection (c) of this section, the penalties prescribed in that subsection shall begin to run from the date of
the filing of said action.
(f) The remedies provided by this section are in addition to all other remedies available to the claimant under state and federal statutory
or common law.
(69 Del. Laws, c. 116, § 2; 69 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 186, § 1.)
§ 2119. Requirement of compliance for all commercial registrations by corporations and other legal entities.
(a) No vehicle shall be registered or reregistered as a “commercial” vehicle under this chapter until the Division of Motor Vehicles
has verified a legal entity’s good standing with the Delaware Secretary of State and compliance with Title 30, including proof of a valid
occupational or business license.
(b) The Secretary of the Department of Transportation in conjunction with the Secretary of the Department of Finance shall promulgate
such requirements of proof as they shall deem necessary for the administration and implementation of subsection (a) of this section.
(60 Del. Laws, c. 291, § 1; 74 Del. Laws, c. 110, § 41; 79 Del. Laws, c. 399, § 1.)
§ 2120. Waiver of registration and inspection of special mobile equipment.
The requirements for registration and inspection of special mobile equipment are waived.
(64 Del. Laws, c. 259, § 2.)
§ 2120A. Registration of specialized vehicles; fees; restrictions.
(a) The Division of Motor Vehicles may register a specialized vehicle which will not meet the Division’s standards for inspection
or performance. The specialized vehicle shall be registered with restrictions as determined by the Division to be in the best interest of
highway safety.
(b) The annual registration fee shall be the same fee as assessed to a vehicle or motor vehicle in a similar class and according to the
fees in this chapter.
(c) Specialized vehicles shall be subject to annual inspection in accordance with regulations as adopted by the Division of Motor
Vehicles.
(d) Specialized self-propelled vehicles shall not be registered unless such vehicles are insured pursuant to § 2118 of this title.
(62 Del. Laws, c. 150, § 2.)
Subchapter II
Plates
§ 2121. Number and registration plates; provision for the issuance of special license plates to the owners of
motor vehicles who operate amateur radio stations; special vanity plates.
(a) The Department shall furnish 1 number plate for each vehicle registered. The Department shall also furnish registration plates as
hereinafter provided. Upon the termination of the lawful use of any such plates they shall be returned to the Department.
(b) Each number plate shall have displayed thereon the registration number assigned to the vehicle, the name of this State, which may
be abbreviated and in the case of motor farm trucks used exclusively by farmers in the operation of their farms and which have been
registered for the reduced fee as provided by law, such plates for such farm motor trucks shall also display in large type the letter “F,”
meaning for farm motor trucks only. In addition to the reduced registration fee to be paid for the registration of such motor farm trucks,
the owner thereof shall also pay to the Department the cost of such special number plates for such trucks. In case of vehicles registered
for a gross rate of more than 5,000 pounds, the number plate may also show the gross weight for which the vehicle is registered. Each
number plate for each vehicle shall also show, in the manner determined by the Department and as hereinafter provided, the period of
expiration thereof for which the vehicle has been registered and the required registration fee paid. Each number plate and the identifying
letters and numerals thereon, except the registration period or expiration thereof, shall be of sufficient size to be plainly readable at a
distance of 100 feet during daylight.
Unless otherwise specified in this title, motor vehicles with a registered gross weight of 5,000 pounds or less may be assigned any
type of number plate and motor vehicles with a registered gross weight of greater than 5,000 pounds but less than 10,000 pounds may
be assigned any type of number plate except an “RV” plate. Motor vehicles, except for recreational vehicles, with a registered weight
rating above 10,000 pounds will be assigned commercial or farm truck license plates. The number plates for motorcycles and mopeds, as
defined by § 101(37) and (36) of this title, shall display thereon the letters “MC” for motorcycles and the letters “MP” for mopeds. The
number plates for recreational vehicles and trailers as defined by § 101(59) and (58) of this title shall display thereon the letters “RV” for
recreational motor vehicles and the letters “RT” for recreational trailers. The title registration number for mobile homes shall begin with
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the letters “MH” and park trailers with the letters “PT.” Each number plate and special plate may have displayed thereon, in addition to
all other numbers or letters required by this subsection, the words “The First State.”
(c) The number plates shall be of such design, size, material and color as the Department may determine and shall be so constructed
that validation plates, to be furnished by the Department as provided in this section, may be conveniently attached or affixed thereto and,
when necessary, detached and removed therefrom.
(d) The Department shall furnish for each vehicle registered and upon the payment of the required fees a validation plate to be attached
or affixed to the number plate as provided by subsection (c) of this section. Such validation plates shall be of such design, size, material
and color and shall bear such legend or inscription as the Department may determine, showing the period or expiration date thereof.
(e) There may also be attached to any number plate an additional removable plate of a size and design approved by the Department,
which additional plate may show such other data as the Department may approve. No number plate shall have attached thereto any
advertising matter, any fictitious numbers, signs, or symbols or any legend of any character not approved by the Department.
(f) The Department shall issue for every passenger motor vehicle, rented without a driver, the number of plates of the same type as
issued for private passenger vehicles.
(g) Upon written application, the Department shall furnish to any owner of a motor vehicle who is a resident of the State and who holds
a valid, unrevoked, and unexpired official amateur radio station license issued by the Federal Communications Commission, a special
license plate for a motor vehicle owned by such individual and on which the required registration fee has been paid. The special plate shall
bear the official amateur radio station call letters as assigned by the Federal Communications Commission to said individual. The special
plate shall supersede the regular numbered plate assigned to such motor vehicle during the time said individual holds a valid, unrevoked
and unexpired official amateur radio station license issued by the Federal Communications Commission and while such motor vehicle is
owned by such individual; provided that, at all times, the necessary registration fee has been paid for such motor vehicle. Upon making
application for such special license plate the owner shall pay, in addition to the regular registration fee, the sum of $10 for such plate.
Application shall be made on such form as shall be prescribed by the Department.
The special license plate shall have imprinted thereon only the call letters of the licensee, the words, “Delaware”, “The First State”
and the expiration date of the license plate.
(h) This title notwithstanding, the Department, upon written application, shall furnish to any owner of a motor vehicle otherwise entitled
to a license plate, who is a resident of this State, a special vanity license plate for each motor vehicle owned by such individual for which
the required registration fee has been paid, which plate shall have displayed thereon:
(1) Any single letter or combination of letters or combination of letters and numerals, not to exceed 7 in number. If the combination
includes numerals, the numerals shall be displayed to the right of all letters on the plate. A hyphen shall be permitted and shall be
counted as 1 letter. In its discretion, the Department may refuse any combination of letters, or letters and numerals. The Department
may refuse 7 character combinations that do not allow adequate spacing between letters and/or numbers;
(2) The word “Delaware”;
(3) The words “The First State”;
(4) The expiration date of the license plates; and
(5) Gold letters on a blue background, except for license plates provided for in § 2123 of this title, in which case they shall be blue
letters on a gold background.
Upon making application for such special vanity license plates, the owner shall pay $40 annually for each plate in addition to the regular
registration fee. Application shall be made on forms as prescribed by the Department. The Department shall issue such plates in the order
in which the applications are received for any letter or combination thereof. Such license plates shall be the personal property of the owner
so long as the owner shall comply with this section. No reasonable facsimile of any license plate as provided for in this chapter shall be
displayed on the front of any motor vehicle registered in this State. The provisions of subsection (b) of this section relating to the display
of the letters “P/C” for combination vehicles shall not be applicable to this subsection.
(i) This title notwithstanding, the Department, upon written application, shall furnish to any owner of a motorcycle, otherwise entitled to
a Delaware license plate, a special vanity license plate, provided the required registration fee has been paid for such motorcycle pursuant
to § 2151(1) of this title. Such special plate shall have displayed thereon:
(1) Any single letter or combination of letters or combinations of letters and numerals, not to exceed 5 in number. If the combination
includes numerals, the numerals shall be displayed to the right of all letters on the plate. A hyphen shall be permitted and shall be
counted as 1 letter. In its discretion, the Department may refuse any combination of letters, or letters and numerals;
(2) The word “Delaware”;
(3) The letters M/C;
(4) The expiration date of the license plate; and
(5) Gold letters on a blue background.
Upon making application for such special vanity license plate, the owner shall pay $40 annually for each plate in addition to the regular
registration fee. Application shall be made on forms as prescribed by the Department. The Department shall issue such plates in the order
in which the applications are received for any letter or combination thereof. Such license plate shall be the personal property of the owner
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Title 21 - Motor Vehicles
so long as the owner shall comply with this section. No reasonable facsimile of any license plate as provided for in this chapter shall be
displayed on the front of any motorcycle registered in this State.
(j) The number plates for recreational vehicles shall display thereon the letters “RV.” A $10 fee shall be assessed to change the certificate
of title, registration and license plate for any vehicle already registered under another type of plate if the owner desires to change to a
recreational vehicle tag.
(k) Effective March 27, 1996, individual special vanity license plates shall not be recalled when the Department issues other categories
of special group license plates with conflicting letters and numbers.
(36 Del. Laws, c. 10, § 12; 37 Del. Laws, c. 10, § 5; Code 1935, § 5550; 43 Del. Laws, c. 244, § 6; 46 Del. Laws, c. 122, §§ 1, 2;
47 Del. Laws, c. 255, §§ 1, 4; 21 Del. C. 1953, § 2121; 49 Del. Laws, c. 14, § 2; 49 Del. Laws, c. 78; 53 Del. Laws, c. 349; 56 Del.
Laws, c. 283, §§ 1, 2; 58 Del. Laws, c. 125; 58 Del. Laws, c. 384, § 5; 59 Del. Laws, c. 57, § 2; 60 Del. Laws, c. 180, § 1; 61 Del.
Laws, c. 342, § 1; 63 Del. Laws, c. 212, § 1; 63 Del. Laws, c. 335, § 1; 65 Del. Laws, c. 78, §§ 1-3; 67 Del. Laws, c. 260, § 1;
68 Del. Laws, c. 156, § 61(a)-(c); 69 Del. Laws, c. 217, § 2; 69 Del. Laws, c. 454, § 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws,
c. 264, § 1; 70 Del. Laws, c. 326, §§ 1-3; 71 Del. Laws, c. 20, § 1; 74 Del. Laws, c. 166, § 1; 80 Del. Laws, c. 136, § 1; 80 Del.
Laws, c. 168, § 1; 81 Del. Laws, c. 140, § 1; 82 Del. Laws, c. 93, § 1.)
§ 2121A. Special license plates for members of Delaware firefighters, auxiliary, and volunteer ambulance or
rescue companies within the Delaware Firefighter’s Association.
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for the assignment to that
vehicle of a special Delaware firefighter number; provided however, the owner of the vehicle has official documentation which indicates
such person is a bona fide member of or holds membership with a Delaware-based fire company, auxiliary of a fire company, or a
volunteer ambulance or volunteer rescue company belonging to any county firefighter’s association or the Delaware State Firefighter’s
Association of the State of Delaware.
(2) This section applies only to:
a. A private passenger vehicle;
b. A truck with a 3/4-ton or smaller manufacturer’s rated capacity; or
c. A van with a 3/4-ton or smaller manufacturer’s rated capacity.
(b) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the
original application under this section shall be subject to a $10 administration fee.
(c) The applicant must submit acceptable proof, as required by the Division, that such applicant is a member in good standing or is
otherwise eligible for the issuance of such special plate.
(d) [Repealed.]
(e) The Department shall reserve sufficient license plates including appropriate letters and numbers consecutively beginning with the
number 1 as are required for this section.
(f) The Department, upon receipt of any official correspondence from the organization advising that the individual to which a special
plate has been issued is no longer affiliated with such organization said special plate shall be forfeited and/or revoked immediately.
(68 Del. Laws, c. 349, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 186, § 1.)
§ 2122. Unauthorized use of or addition to plates.
(a) No person shall use or exhibit in a manner or at a time not authorized by this chapter, or by the rules and regulations of the Department
with respect thereto, any number of registration plates or accessory plates, or display or use any unauthorized design, symbol, or legend
on or attached to any such plates.
(b) (1) Any police officer is authorized to make a stop for purposes of enforcing this section, upon reasonable and articulable suspicion
that a violation of subsection (a) of this section has occurred.
(2) A violation of subsection (a) of this section is a moving violation, subject to all of the following:
a. Jurisdiction of a Justice of the Peace Court under § 703 of this title.
b. Penalties under § 2116(a) of this title.
(c) A violation of subsection (a) of this section is also grounds for failing an inspection under subchapter III of this chapter.
(36 Del. Laws, c. 10, § 12; 37 Del. Laws, c. 16, §§ 1, 2; Code 1935, § 5550; 43 Del. Laws, c. 244, § 6; 21 Del. C. 1953, § 2122;
83 Del. Laws, c. 437, § 1.)
§ 2123. Number plates for elective or constitutional officers of the State and for state and federal judges.
(a) Upon written application, the Department shall furnish, without charge, to any state elective or constitutional officer, including
members of both branches of the General Assembly, to the members of the judiciary (including the Judges of the United States
District Court for the District of Delaware and United States Court of Appeals for the Third Circuit, resident in Delaware) and to the
Representatives and Senators of the State in the Congress of the United States, a set of special plates for each motor vehicle owned by
such person and on which the required registration fee has been paid, but not to exceed 2 sets of plates for each individual, which plates
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Title 21 - Motor Vehicles
shall supersede, during such person’s term of office and while such motor vehicle is owned by such person, the regular number plates
assigned to such motor vehicle if at all times the necessary registration fee or fees have been paid for such motor vehicle.
(b) Each special plate furnished pursuant to this section shall have displayed thereon:
(1) Initials of the individual, except that the plates furnished to the Governor, Lieutenant Governor and Secretary of State may display
the numerals 1, 2 and 3, respectively, in place of their initials;
(2) Designation of the person’s office;
(3) Word “Delaware”;
(4) Words “The First State”;
(5) “Coat of arms” of the State;
(6) Expiration date of the license plate; and
(7) Blue letters on a gold background.
(c) It shall be lawful to display the state “coat of arms” on special plates furnished pursuant to this section, notwithstanding § 2306 of
Title 29, and the written consent of the Secretary of State for such use shall not be required.
(36 Del. Laws, c. 10, § 12; Code 1935, § 5550; 43 Del. Laws, c. 244, § 6; 21 Del. C. 1953, § 2123; 59 Del. Laws, c. 277, § 1; 70
Del. Laws, c. 186, § 1; 74 Del. Laws, c. 64, § 1.)
§ 2124. Number plates for manufacturers and dealers; transit plates for transporters and owners of special
construction equipment.
(a) A manufacturer or dealer owning any vehicle of a type otherwise required to be registered under this title may operate or move
the same upon the highways when such vehicle is used:
(1) In the motor vehicle business of such manufacturer or dealer; or
(2) For the personal pleasure of such manufacturer or dealer or the members of such person’s family, when operated by such
manufacturer or dealer or an immediate member of such person’s family; or, when such manufacturer or dealer is a corporation, for
the personal pleasure of not more than 3 officers thereof who are actively engaged in its business, or the members of their families, or
for the personal pleasure of the regular employees of such manufacturer, dealer or corporation when operated by such employee; or
(3) For testing such vehicles in the possession of such manufacturer or dealer; or
(4) For demonstrating vehicles in the possession of such manufacturer or dealer.
Such vehicles may be operated by a prospective purchaser, when licensed as an operator or permittee, without registering each such
vehicle, upon condition that any such vehicle display thereon, in the manner prescribed by this chapter for regular number plates, a special
plate or plates issued to such owner as provided by this section.
(b) The Division shall issue special plates, designated as “in transit” plates, to transporters and owners of special construction equipment.
Such “in transit” plates may be used to operate or move like vehicles or equipment upon the highways solely for the purpose of delivering
or moving such vehicle to or from the location of any type of construction. All such vehicles moved or operated under this section must
comply with Chapter 45 of this title.
(c) This section shall not apply to work or service vehicles owned by a manufacturer, transporter or dealer.
(d) Every manufacturer, transporter or dealer shall keep a written record of the vehicles upon which such special plates are used and
the time during which each set of plates is used on a particular vehicle, which record shall be open to inspection by any police officer
or any officer or employee of the Department.
(e) No manufacturer or transporter of or dealer in motor vehicles, trailers or semitrailers shall cause or permit any such vehicle owned
by such person to be operated or moved upon a public highway without the same being registered in accordance with this title and without
there being displayed thereon a number plate or plates and a registration plate or plates, as provided by this title, except as otherwise
authorized by this section.
(f) Any manufacturer, transporter or retail dealer as defined in Chapter 63 of this title may make application to the Department upon
the appropriate form for a certificate and for 1 or more pairs of special plates or single special plates as are appropriate to various types of
vehicles of the types subject to registration hereunder. The applicant shall also submit such proof of such applicant’s status as a bona fide
manufacturer, transporter or retail dealer as may be required by the Department. Dealer license plates will be limited to retail dealerships
based on the number of vehicles sold per year. Retail dealers selling 5 to 10 vehicles per year may obtain no more than 1 dealer plate;
retail dealers selling 11-25 vehicles per year may obtain no more than 2 dealer plates; retail dealers selling 26-49 vehicles per year may
obtain no more than 4 dealer plates; retail dealers selling 50-99 vehicles per year may obtain no more than 20 dealer plates; retail dealers
selling 100 or more vehicles per year may obtain any number of dealer plates at the retail dealer’s discretion. Wholesale dealers selling
5 to 10 vehicles per year may obtain no more than 1 dealer plate; wholesale dealers selling 11-25 vehicles per year may obtain no more
than 2 dealer plates; wholesale dealers selling 26-49 vehicles per year may obtain no more than 4 dealer plates; wholesale dealers selling
50 or more vehicles per year may obtain no more than 20 dealer plates.
(g) The Department, upon approving any such application, shall issue to the applicant a certificate containing the applicant’s name and
address and other appropriate information.
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Title 21 - Motor Vehicles
(h) The Department, upon approving any such application, shall also issue special plates of a design, size, material and color determined
by the Department. Each plate or pair of plates so issued, however, shall contain a number or symbol distinguishing the same from other
plates issued under this chapter.
(i) Notwithstanding this section, the Department upon approving an application filed by a licensed automotive recycler may issue 1 or
more special plates as provided for in subsection (a) of this section.
(j) Dealer plates may be transferred from 1 dealer to another by completing a seller’s affidavit to transfer a dealer tag or tags and
submitting it with the appropriate fee. The seller’s affidavit shall include the seller’s and buyer’s names, the plate number and the date of
the transfer. A dealer may not acquire more plates than they are otherwise permitted by subsection (f) of this section.
(k) All special plates issued hereunder shall expire at midnight on December 31 of each year and may be extended for the ensuing year
by the person to whom such plates were issued upon application to the Department and payment of the fees provided by this title.
(36 Del. Laws, c. 10, § 16; Code 1935, § 5554; 43 Del. Laws, c. 244, § 10; 21 Del. C. 1953, § 2124; 53 Del. Laws, c. 132; 58 Del.
Laws, c. 364; 65 Del. Laws, c. 76, §§ 1, 2; 65 Del. Laws, c. 318, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 580, § 1; 74 Del.
Laws, c. 41, § 1; 79 Del. Laws, c. 44, § 1.)
§ 2125. Ownership of plates.
Number and registration plates shall be the property of the State and shall be furnished by the Department for each registered motor
vehicle without additional cost to the owner.
(36 Del. Laws, c. 10, § 26; Code 1935, § 5564; 45 Del. Laws, c. 287, § 2; 21 Del. C. 1953, § 2125.)
§ 2126. Display of number plates; penalty.
(a) The number plate assigned to a motor vehicle shall at all times be attached to the rear of the motor vehicle, except truck tractors
attached to trailers or semitrailers, whether coupled or uncoupled, shall display the number plate on the front of the vehicle in such a
manner as to be easily identified. Such number plates shall meet the requirements of subsection (b) of this section. Special license plates
may be displayed on the front or rear of the vehicle. The regular numbered plate assigned to the vehicle or a duplicate special license plate
furnished under § 2121(h) of this title must be displayed on the vehicle rear when the special plate is displayed on the front of the vehicle.
(b) Every number plate shall at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from
swinging and at a height not less than 12 inches from the ground, measuring from the bottom of such plate, in a place and position to be
clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible.
(c) (1) No number plate, or any portion thereof, shall be covered with any tinted material, nor shall any other material be placed on
or around a number plate which would conceal and/or obscure any information contained thereon, including the registration expiration
sticker. Plate frames that do not conceal and/or obscure any information contained on the plate, including the registration expiration
sticker, are not prohibited by this section.
(2) Operation and/or use of a plate frame containing or including scrolling, strobe, and/or blinking lights around a license plate for
any purpose, including but not limited to advertisement, to convey a message or communication is prohibited, except during a special
organized event such as a parade or car show.
(d) Whoever violates subsection (a) or (b) of this section shall be fined not less than $25 nor more than $50. Whoever violates subsection
(c) of this section shall be fined not less than $100 nor more than $200.
(e) It shall be unlawful to sell, offer to sell, transfer, possess or use any kind of device, product, plate cover, or object, including any
image altering device or spray, for the purpose of hindering, inhibiting, impeding, impairing, or preventing the photographing, recording or
imaging of a license plate in connection with the enforcement of this motor vehicle code or any local or municipal traffic laws. Any person
convicted of a violation of this subsection shall, for the first offense, be fined not less than $50 nor more than $1,000. For each subsequent
violation occurring within 3 years of the date of the original violation, the person shall be fined not less than $200 nor more than $2,000.
(f) It shall be unlawful to sell any license plate cover or frame which would violate subsection (c) of this section if placed on a Delaware
license plate unless the seller posts a sign in close proximity to the product which states clearly and conspicuously to the public that it
is illegal to place the license plate cover or frame on Delaware license plates. Any person convicted of a violation of this section shall
be fined not less than $50 and not more than $100 and shall pay restitution to the purchaser of the license plate cover or frame in the
amount of 10 times the purchase price.
(36 Del. Laws, c. 10, §§ 13, 32; 37 Del. Laws, c. 10, § 11; Code 1935, §§ 5551, 5570; 43 Del. Laws, c. 244, § 7; 46 Del. Laws,
c. 122, § 3; 21 Del. C. 1953, § 2126; 58 Del. Laws, c. 561; 65 Del. Laws, c. 503, § 5; 70 Del. Laws, c. 264, § 2; 70 Del. Laws, c.
320, §§ 1, 2; 74 Del. Laws, c. 15, §§ 1, 2; 74 Del. Laws, c. 321, § 1; 76 Del. Laws, c. 339, § 1; 77 Del. Laws, c. 184, § 1.)
§ 2127. Duplicate plates.
Whenever number or registration plates are lost, destroyed or so effaced as to no longer comply with the requirements of law, new
plates shall be furnished by the Department upon receipt of satisfactory information and payment of the required fee.
(36 Del. Laws, c. 10, §§ 19, 26; Code 1935, §§ 5557, 5564; 43 Del. Laws, c. 244, § 15; 45 Del. Laws, c. 287, § 2; 21 Del. C. 1953,
§ 2127.)
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§ 2128. Status of plates upon transfer of title; conditions permitting reissuance of registration number.
(a) Upon the transfer of a vehicle or upon the expiration of registration for any other cause, the number plates assigned to a vehicle
shall remain attached thereto. However, the transferor may have such registration plates and number plates transferred and assigned to
another vehicle upon proper application in writing to the Department and upon payment to the Department of a fee of $20 in addition
to all other fees required by law.
(b) If a vehicle registration has been expired for 1 year or more, the registration number may be reissued by the Division of Motor
Vehicles.
(c) If a vehicle which was registered in Delaware is titled and registered in another jurisdiction, the Delaware title and registration is
immediately canceled and the registration number may immediately be reissued by the Division of Motor Vehicles.
(d) If a registered vehicle has been junked, salvaged or destroyed to an extent that it will not be registered again for highway use
and if the Delaware certificate of title has been surrendered to the Division, the registration number may be reissued by the Division
of Motor Vehicles.
(e) If a registration number has been removed from a vehicle pursuant to subsection (a) of this section, and if the registration has
expired, the registration number may be reissued by the Division of Motor Vehicles.
(36 Del. Laws, c. 10, § 12; Code 1935, § 5550; 47 Del. Laws, c. 255, § 1; 48 Del. Laws, c. 115, § 1; 21 Del. C. 1953, § 2128; 52
Del. Laws, c. 41; 52 Del. Laws, c. 169; 63 Del. Laws, c. 338, § 1; 66 Del. Laws, c. 83, § 1; 80 Del. Laws, c. 77, § 17.)
§ 2129. Issuance of temporary registration plates with temporary permits; issuance to dealers and certified
automotive repair technicians for reissuance.
(a) The Department may issue a temporary registration plate designed by the Department to an owner to whom it grants a temporary
registration permit pursuant to § 2103 of this title. The dates of issuance and expiration and the make and serial number of the vehicle
for which issued shall be stamped or marked with indelible ink in letters at least 3/4 of an inch high upon any temporary plate so issued
and a record of such information, together with the name of the owner, shall be retained by the Department. Motorcycle temporary plates
may be stamped or marked in letters less than 3/4 of an inch high.
(b) The Department may also issue temporary registration plates to a dealer in motor vehicles, either new or used, who submits such
proof as the Department requires of such status as a bona fide dealer, for reissuance to purchasers of unregistered motor vehicles. Such
plates may be issued to a qualified dealer upon application for not less than 5 of such plates and payment of a fee of $20 for each plate.
(c) The Department may also issue temporary registration plates to an automotive repair technician who is certified under 7 DE Admin.
Code § 1131 and submits such proof as the Department requires of such status as a bona fide certified repair technician, for reissuance
to customer’s unregistered motor vehicles for the purpose of verifying repairs.
(21 Del. C. 1953, § 2129; 50 Del. Laws, c. 260, § 1; 53 Del. Laws, c. 221, § 2; 67 Del. Laws, c. 265, § 1; 68 Del. Laws, c. 156, §
58(a); 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 9, § 1; 80 Del. Laws, c. 77, § 13; 80 Del. Laws, c. 94, § 1.)
§ 2130. Issuance of temporary plates by dealers and certified automotive repair technicians; information to
be placed on plates; records to be maintained.
(a) A dealer may issue a temporary registration plate for a fee of not more than $20 for each plate to a purchaser of an unregistered motor
vehicle who makes proper application to the Department for registration thereof upon an appropriate form and delivers such application,
together with the required fee, to the dealer for transmission to the Department.
(b) A dealer who issues a temporary registration plate shall mark or stamp thereon with indelible ink in letters at least 3/4 of an inch high
the dates of issuance and expiration and the make and serial number of the vehicle for which issued and shall immediately transmit to the
Department upon forms prescribed and furnished by the Department the aforesaid information and the name of the purchaser. Motorcycle
temporary plates may be stamped or marked in letters less than 3/4 of an inch high.
(c) Every dealer who receives temporary plates from the Department shall maintain at such dealer’s place of business a record of all
such plates issued to such dealer and of all such plates issued by such dealer, with the dates of receipt and issuance, the name of the
purchaser to whom issued, the make and serial number of the vehicle for which issued and such other information as the Department
may require. Each such record shall be kept for a period of at least 3 years from the date of entry and shall be available for inspection by
representatives of the Department or police officers during regular business hours.
(d) A certified repair technician may issue a temporary registration plate for a fee of not more than $10 for each plate to a customer’s
unregistered motor vehicle.
(e) Liability insurance in the form of a shopkeeper’s or garage-keeper’s policy shall be in effect prior to the issuance of a temporary
registration plate.
(f) A certified repair technician who issues a temporary registration plate shall mark or stamp thereon with indelible ink in letters at
least 3/4 of an inch high the dates of issuance and expiration and the make and serial number of the vehicle for which issued and shall
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immediately transmit to the Department upon forms prescribed and furnished by the Department the aforesaid information and the name
of the business name that employs the certified repair technician. Motorcycle temporary plates may be stamped or marked in letters less
than 3/4 of an inch high.
(g) Every certified repair technician who receives temporary plates from the Department shall maintain at such certified repair
technician’s place of business a record of all such plates issued to such certified repair technician and of all such plates issued by such
certified repair technician, with the dates of receipt and issuance, the name of the customer to whom issued, the make and serial number
of the vehicle for which issued and such other information as the Department may require. Each such record shall be kept for a period
of at least 3 years from the date of entry and shall be available for inspection by representatives of the Department or police officers
during regular business hours.
(21 Del. C. 1953, § 2130; 50 Del. Laws, c. 260, § 1; 53 Del. Laws, c. 326; 67 Del. Laws, c. 265, § 2; 68 Del. Laws, c. 156, §
58(b); 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 9, § 2; 80 Del. Laws, c. 77, § 15; 80 Del. Laws, c. 94, § 1.)
§ 2131. Effect and duration of temporary registration plates; destruction upon expiration.
(a) (1) A temporary registration plate properly issued to an owner or purchaser of a vehicle in accordance with § 2129 or § 2130 of
this title shall be valid and shall entitle said owner or purchaser to operate the vehicle for which issued upon the public highways for a
period of 60 days from the date of issuance or until the issuance of a permanent registration plate or until the cancellation or rescission
of the contract of purchase, whichever occurs first.
(2) A temporary registration plate properly issued by a certified repair technician to a customer’s expired vehicle for the purpose
of verifying repairs in accordance with § 2129 or § 2130 of this title shall be valid and shall entitle said certified repair technician to
operate the vehicle for which issued upon the public highways for a period of not more than 60 days from the date of issuance.
(b) Upon the expiration of a temporary registration plate the holder thereof shall immediately destroy the same.
(21 Del. C. 1953, § 2131; 50 Del. Laws, c. 260, § 1; 58 Del. Laws, c. 372; 68 Del. Laws, c. 156, § 58(c); 80 Del. Laws, c. 94, § 1.)
§ 2132. Regulations by Secretary of Transportation; power to suspend right to issue temporary plates.
The Secretary of Transportation shall have the power to make rules and regulations, not inconsistent with §§ 2129, 2130 and 2131 of
this title, to carry out the provisions thereof relative to temporary registration plates, and the said Secretary shall have the specific power,
after hearing, to suspend the right to issue temporary plates of any dealer who fails to comply with the requirements of said sections or
of any regulation consistent therewith.
(21 Del. C. 1953, § 2132; 50 Del. Laws, c. 260, § 1; 57 Del. Laws, c. 670, §§ 8A, 8B; 74 Del. Laws, c. 110, § 42.)
§ 2133. Penalties; jurisdiction of justices of the peace.
(a) Any person who:
(1) Knowingly inserts any false information upon the face of a temporary registration plate; or
(2) Issues any temporary registration plate to a person or for a vehicle other than those permitted under this title; or
(3) Operates any vehicle bearing a temporary registration plate which is invalid or expired shall be guilty of an unclassified
misdemeanor, and shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, the person
shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both.
(b) Justices of the peace shall have jurisdiction of offenses under this section.
(21 Del. C. 1953, § 2133; 50 Del. Laws, c. 260, § 1; 65 Del. Laws, c. 503, § 6; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 60, §
3.)
§ 2134. Special license plates for persons with disabilities which limit or impair the ability to walk; parking;
penalties.
(a) The owner of a vehicle registered in Delaware and described in subsection (b) of this section may apply to the Department for the
issuing to the vehicle a special license plate for persons with disabilities which limit or impair the ability to walk if a licensed physician, a
physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative
agreement with a licensed physician, certifies that the applicant or a household member has 1 or more of the following disabilities that
are permanent with no prognosis for improvement:
(1) Cannot walk 200 feet without stopping to rest;
(2) Cannot walk safely without the use of or assistance from a brace, cane, crutch, another person, prosthetic device, wheelchair
or other assistive device;
(3) Is restricted by lung disease to such an extent that the applicant’s or household member’s forced (respiratory) expiratory volume
for 1 second, when measured by spirometry, is less than 1 liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest;
(4) Uses portable oxygen;
(5) Has a cardiac condition to the extent that the applicant’s or household member’s functional limitations are classified in severity
as Class III or Class IV according to standards set by the American Heart Association; or
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(6) Is severely limited in that person’s own ability to walk due to an arthritic, neurological or orthopedic condition.
(b) This section applies only to passenger cars, station wagons, pickup trucks, motorcycles, panel van trucks and other motor vehicles
that are reasonably used by persons with disabilities which limit or impair the ability to walk and that have a gross registered weight
which does not exceed 14,000 lbs.
(c) A special license plate may be issued under this section only if the applicant submits proof satisfactory to the Department that the
applicant or a household member has a disability that is permanent with no prognosis for improvement as described in paragraphs (a)
(1)-(6) of this section. Satisfactory proof prior to issuance must include the signature of a licensed physician, a physician assistant who
is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a
licensed physician, on a Department special disabled license plate or placard applicant form on which the physician, a physician assistant
who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with
a licensed physician, certifies the applicant’s or household member’s permanent disability. Renewal of the registration for the vehicle
to which the special license plate is assigned shall require the applicant to submit a written certification that the applicant continues to
require the special license plate for the reason or reasons it was initially issued; a new certification is not required. The issuance of a
special license plate does not preclude the issuance of 1 removable windshield placard pursuant to § 2135 of this title.
(d) The fee for the issuance or reissuance of a special license plate may not exceed the fee charged for the issuance or reissuance of
a standard license plate for the same class of vehicle.
(e) A special license plate issued pursuant to this section must display the internationally recognized wheelchair symbol of access in
the same size as the numbers and/or letters on the plate.
(f) (1) A person for whom a special license plate is issued under this section or under a similar statute of any other state or country
may park in parking spaces or zones as follows:
a. Restricted for use by persons with disabilities which limit or impair the ability to walk.
b. For an unlimited period in an unmetered parking space or zone restricted as to the length of parking time permitted.
c. In a metered parking space for no less than 1 hour.
d. If a parking space is assigned to a specific person with a disability as that person’s residential or business parking space, that
person may use the space without any time restriction.
(2) A person who is driving a vehicle with a special license plate issued under this section or under a similar statute of any other
state or country may not park in any of the following places:
a. In a space or zone where stopping, standing, or parking is prohibited to all vehicles.
b. In a space or zone which is reserved for other special types of vehicles.
c. In a space or zone assigned to another person for the other person’s residential or business use.
d. Where a local ordinance prohibits parking during heavy traffic periods in morning, afternoon, or evening rush hours.
e. Where parking clearly would present a traffic hazard.
(3) The person for whom a special license plate is issued under this section or under a similar statute of any other state or country must
be the driver of or a passenger in the vehicle bearing the special plate whenever the vehicle parks in a parking space or zone restricted
for use only by vehicles with a special license plate or placard for persons with disabilities which limit or impair the ability to walk.
(g) (1) A person who intentionally presents false information to a licensed physician, a physician assistant who is supervised by a
licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, or
to the Department in an attempt to obtain a special license plate under this section shall be guilty of an unclassified misdemeanor. For the
first offense, the person shall receive a mandatory fine of $100. For each subsequent like offense, the person shall receive a mandatory
fine of $200 or be imprisoned for not less than 10 nor more than 30 days, or both. Any other violation of this section is a violation. Justices
of the peace have jurisdiction over violations of this section.
(2) A summons may be attached to an unattended vehicle found in violation of any of the provisions of this section by any police
officer or State Police Academy cadet authorized to issue a summons for a violation of this section. It is prima facie evidence that the
person in whose name the unattended vehicle is registered is responsible for the violation.
(h) The Department may adopt rules and regulations that are reasonable or necessary for the implementation of this section.
(21 Del. C. 1953, § 2134; 55 Del. Laws, c. 398, § 1; 61 Del. Laws, c. 345, § 1; 63 Del. Laws, c. 341, § 1; 63 Del. Laws, c. 441; 65
Del. Laws, c. 503, § 7; 67 Del. Laws, c. 125, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 96, § 1; 73 Del. Laws, c. 397, § 1; 76
Del. Laws, c. 210, § 1; 77 Del. Laws, c. 60, § 4; 77 Del. Laws, c. 113, §§ 1-3; 83 Del. Laws, c. 160, § 2.)
§ 2135. Parking permits for persons with disabilities which limit or impair the ability to walk; parking;
penalties.
(a) A person or a member of the person’s household who has a disability that is permanent with no prognosis for improvement as
described in § 2134(a)(1)-(6) of this title or who has a physical disability which is not permanent but which substantially limits or impairs
the person’s or household member’s ability to walk for no less than 5 weeks and which is so severe that the person or household member
would endure a hardship or be subject to a risk of injury without a temporary parking permit for persons with disabilities, or a person
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who is age 85 or older, whether or not that person has a disability, or an organization that regularly in its course of business transports
persons with disabilities may apply to the Department for a permanent or temporary parking permit, whichever is appropriate, on a form
provided by the Department. The form must state:
(1) That a permanent permit for a person with a disability, or for a person 85 or older, or for an organization that regularly in its
course of business transports persons with disabilities expires after 3 years and a temporary permit for a person with a disability may
not exceed 90 days;
(2) That a licensed physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who
is employed by or who has a collaborative agreement with a licensed physician, must certify a disability and indicate whether the
applicant or household member needs a permanent parking permit or a temporary parking permit;
(3) That an applicant 85 or older need only submit proof of age that is satisfactory to the Department; and
(4) The possible penalties for intentionally and falsely representing that an applicant or household member is qualified to obtain a
permanent or temporary parking permit.
An applicant or a household member who is eligible for a special license plate pursuant to § 2134 of this title may also apply for 1
permanent parking permit under this section. A parking permit is issued in the form of a removable placard capable of hanging from or
being attached to the front windshield rearview mirror of a vehicle.
(b) A permanent or temporary parking permit may be issued under this section only if the applicant submits proof satisfactory to the
Department that the applicant or household member has a disability that is permanent with no prognosis for improvement as described
in § 2134(a)(1)-(6) of this title, or that the applicant or household member has a physical disability which is not permanent but which
substantially limits or impairs the applicant’s or household member’s ability to walk for no less than 5 weeks and which is so severe
that the applicant or household member would endure a hardship or be subject to a risk of injury without a temporary parking permit for
persons with disabilities, or that the applicant or household member is 85 or older, or that the applicant is an organization that regularly
in its course of business transports persons with disabilities. Satisfactory proof of a disability must include the signature of a licensed
physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who
has a collaborative agreement with a licensed physician, on a Department special license plate or placard application form on which the
physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has
a collaborative agreement with a licensed physician, indicates the applicant’s or household member’s disability.
(c) The Department may not charge a fee for issuing or reissuing a parking placard. However, the Department shall charge a fee to
offset the actual replacement cost of replacing a lost or damaged placard.
(d) (1) A permanent permit issued under this section for a person who has a disability stated in § 2134(a) of this title, or for a person
85 or older, or to an organization that regularly in its course of business transports persons with disabilities expires 3 years from the date
of issue. However, another permanent permit may be issued upon reapplication.
(2) A temporary permit issued under this section for an applicant who has a physical disability which is not permanent but which
substantially limits or impairs the person’s ability to walk for no less than 5 weeks and which is so severe that the person would endure a
hardship or be subject to a risk of injury without a temporary parking permit for persons with disabilities expires at the discretion of the
Department, but may not exceed 90 days from the date of issue. However, another temporary permit may be issued upon reapplication.
(3) There is no limit to the number of times that a person may reapply for a permanent or temporary parking permit issued under
this section. However, for each reapplication for a temporary parking permit, the applicant must comply with the requirements for an
initial application as set forth in subsection (a) of this section. A new certification is not required for applicants or applicants’ household
members who have a permanent disability as described in § 2134(a)(1)-(6) of this title; however, the applicant shall submit a written
certification that the applicant continues to require the parking permit for the reason or reasons it was initially issued.
(e) A parking permit for a person with a disability which limits or impairs the ability to walk, or for a person 85 or over, or for
an organization pursuant to subsection (i) of this section must be in the form of a removable windshield placard of a size and design
determined by the Department. A permanent parking placard must be blue; a temporary parking placard must be red; an organization
parking placard must be green. The information on the placard must be large enough to be read clearly from outside a motor vehicle when
the placard is hanging from the vehicle’s front windshield rearview mirror, or if there is no front windshield rearview mirror, the placard
must be displayed on the dashboard and be able to be read by a person outside of the vehicle. Both sides of the placard must contain the
following: the words “State of Delaware Division of Motor Vehicles” and “Remove placard when vehicle is in motion,” the internationally
recognized wheelchair symbol of access, an identification number, and the expiration date. The expiration date must appear in letters or
numerals at least 1 inch tall. Only 1 placard may be issued initially to an applicant; however, upon written request, the Department shall
issue 1 additional placard to an applicant who does not also have a special license plate issued pursuant to § 2134 of this title.
(f) (1) A person or organization for whom a parking placard is issued under this section or under a similar statute of any other state
or country may park in parking spaces or zones as follows:
a. Restricted to use only by persons with disabilities.
b. For an unlimited period in an unmetered parking space or zone restricted as to the length of parking time permitted.
c. In a metered parking space for no less than 1 hour.
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d. If a parking space is assigned to a specific person with a disability as that person’s residential or business parking space, that
person may use the space without any time restriction.
(2) A person who is driving a vehicle with a parking placard issued under this section or under a similar statute of any other state
or country may not park in any of the following places:
a. In a space or zone where stopping, standing, or parking is prohibited to all vehicles.
b. In a space or zone which is reserved for other special types of vehicles.
c. In a space or zone assigned to another person for the other person’s residential or business use.
d. Where a local ordinance prohibits parking during heavy traffic periods in morning, afternoon, or evening rush hours.
e. Where parking clearly would present a traffic hazard.
(3) The person for whom a red or blue parking placard is issued under this section or under a similar statute of any other state or
country must be the driver of or a passenger in the vehicle displaying the parking placard whenever the vehicle parks in a parking space
or zone restricted for use only by vehicles with a special license plate or parking placard for persons with disabilities.
(g) A placard issued under this section is for the exclusive and personal use of the person or organization for whom it is issued and
may not be used by any other person or organization.
(h) A parking placard must be returned to the Department:
(1) When the person or organization for whom it was issued reapplies for a placard;
(2) When the placard expires;
(3) When the person or organization for whom it was issued no longer needs it, is no longer disabled, or no longer regularly in its
course of business transports persons with disabilities;
(4) Upon the death of the person for whom it was issued.
(i) Notwithstanding any provisions of this Code to the contrary, the Department may, without the certification of a licensed physician, a
physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative
agreement with a licensed physician, issue a green parking placard upon application by an organization that regularly in its course of
business transports persons with disabilities which limit or impair the ability to walk if the organization presents proof satisfactory to the
Department that the organization regularly in its course of business transports persons with disabilities. A green parking placard may be
used only when at least 1 person who is entitled to obtain a permanent or temporary parking placard pursuant to subsection (a) of this
section is being transported and only when an employee or volunteer staff person of the organization is the driver of the vehicle.
(j) (1) A person or organization who intentionally presents false information to a licensed physician, a physician assistant who is
supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a
licensed physician, or to the Department in an attempt to obtain a parking placard under this section shall be guilty of an unclassified
misdemeanor. For the first offense, the person or organization shall receive a mandatory fine of $100. For each subsequent like offense,
the person or organization shall receive a mandatory fine of $200 or be imprisoned for not less than 10 nor more than 30 days, or both.
Any other violation of this section is a violation. Justices of the peace have jurisdiction over violations of this section.
(2) A summons may be attached to an unattended vehicle found in violation of any of the provisions of this section by any police
officer or State Police Academy cadet authorized to issue a summons for a violation of this section. It is prima facie evidence that the
person or organization in whose name the unattended vehicle is registered is responsible for the violation.
(k) The Department may adopt rules and regulations that are reasonable or necessary for the implementation of this section.
(63 Del. Laws, c. 441, § 2; 64 Del. Laws, c. 88, § 1; 65 Del. Laws, c. 102, §§ 1-3; 65 Del. Laws, c. 503, § 8; 70 Del. Laws, c. 186,
§ 1; 73 Del. Laws, c. 397, § 2; 76 Del. Laws, c. 210, § 2; 77 Del. Laws, c. 60, § 5; 77 Del. Laws, c. 113, § 4; 83 Del. Laws, c. 160,
§ 2.)
§ 2136. Sale and manufacture of registration plates.
(a) No person shall sell or offer for sale any vehicle registration plate which is similar in design, shape, size and colors to any vehicle
license plate considered valid for registration purposes.
(b) No person shall manufacture vehicle registration plates which are similar in design, shape, size and colors to any vehicle license
plate considered valid for registration purposes, unless authorized in writing by the Director of the Division of Motor Vehicles.
(c) This section shall not apply to registration plates issued prior to 1941 which are collectors’ items.
(d) A violation of this section shall be an unclassified misdemeanor. Justice of the Peace Courts shall have jurisdiction over violations
of this section.
(60 Del. Laws, c. 604, § 1; 63 Del. Laws, c. 441, § 2; 77 Del. Laws, c. 60, § 6.)
§ 2137. Special license plates for former prisoners of war.
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for the assignment to that
vehicle of a special prisoner-of-war registration number.
(2) This section applies only to:
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Title 21 - Motor Vehicles
a. A private passenger vehicle; or
b. A truck with a 3/4-ton or less manufacturer’s rated capacity.
(b) Special registration may be issued under this section only if:
(1) The applicant states that the applicant is a former prisoner of war in any war, the Korean conflict, the Viet Nam conflict, Operation
Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle; and
(2) The United States Department of Defense certifies that the applicant was a former prisoner of war in any war, the Korean conflict,
the Viet Nam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were
formally engaged in battle.
(3) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, the
surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section
as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section;
provided, however, that an original application under this section shall be subject to a $10 administrative fee.
(d) [Repealed.]
(e) The Department shall reserve sufficient special license plates including the letters “POW” and numbered consecutively beginning
with the numeral 1 as are necessary to implement this section.
(64 Del. Laws, c. 206, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 204, § 5; 80 Del. Laws, c. 49, § 1.)
§ 2138. Special license plates for veterans with disabilities.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for the assignment to that vehicle
of a special disabled veteran number.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck with a 3/4-ton or smaller manufacturer’s rated capacity.
(c) Special registration may be issued under this section only if:
(1) The applicant states that:
a. The applicant is a veteran with a disability of any war, the Korean conflict, the Viet Nam conflict, Operation Desert Storm or
other military conflict on foreign soil in which United States armed forces were formally engaged in battle; or
b. It has been determined by the United States Department of Veterans Affairs that the applicant meets the qualifications of being
a veteran with a service-connected disability; and
(2) a. The United States Department of Defense certifies that the applicant sustained a disabling injury in any war, the Korean
conflict, the Viet Nam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces
were formally engaged in battle; or
b. The United States Department of Veterans Affairs certifies that the applicant meets the qualifications of being a veteran with
a service-connected disability.
(3) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, the
surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section
as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.
(d) (1) Any applicant who applies for the assignment of a special plate under this section who also submits proof satisfactory to the
Department that the applicant or a household member has a disability that would permit issuance of a special license plate under § 2134
of this title may be issued a special plate for veterans with disabilities that will be considered in all respects as a special license plate for
persons with disabilities issued under § 2134 of this title.
(2) A special license plate issued pursuant to this subsection must, in addition to the special disabled veteran number, display the
internationally recognized wheelchair symbol of access on the plate.
(3) The Department may adopt rules and regulations that are reasonable or necessary for the implementation of this subsection.
(e) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the
original application under this section shall be subject to a $10 administrative fee.
(f) The Department shall reserve sufficient license plates including the letters “DAV” and numbered consecutively beginning with the
numeral “1” as are required for this section.
(64 Del. Laws, c. 262, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 204, § 5; 78 Del. Laws, c. 107, §§
1-3; 80 Del. Laws, c. 49, § 1.)
§ 2139. Special license plates for veterans formerly missing-in-action.
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for the assignment to that
vehicle of a special missing-in-action registration number.
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(2) This section applies only to:
a. A private passenger vehicle; or
b. A truck with a 3/4-ton or less manufacturer’s rated capacity.
(b) Special registration may be issued under this section only if:
(1) The applicant states that the applicant is a veteran formerly missing-in-action in any war, the Korean conflict, the Vietnam
conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged
in battle; and
(2) The United States Department of Defense certifies that the applicant was a veteran formerly missing-in-action in any war, the
Korean conflict, the Vietnam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed
forces were formally engaged in battle.
(3) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, the
surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section
as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section;
provided, however, that an original application under this section shall be subject to a $10 administrative fee.
(d) The Department shall reserve sufficient special license plates including the letters “MIA” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(65 Del. Laws, c. 277, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 204, § 5; 80 Del. Laws, c. 49, § 1.)
§ 2139A. Special license plates for members of the Delaware National Guard and Reserves.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for the assignment to that vehicle of
a special Delaware National Guard or Reserves number; provided, however, the owner of the vehicle must possess official documentation
which indicates the owner is a bona fide member of the Delaware National Guard or Reserves.
(b) This section shall apply only to:
(1) A private passenger vehicle; or
(2) A truck with no more than a 3/4-ton manufacturer’s rated capacity.
(c) Other than the annual registration fee required by this title, no fee shall be required for registration under this section; however, the
original application shall be subject to a $10 administrative fee.
(d) The Department shall reserve sufficient special license plates, including appropriate letters and numbered consecutively, beginning
with the numeral “1”, as are required under this section.
(e) Upon receipt of any official correspondence from the Delaware National Guard or Reserves advising that the individual to whom
a special plate has been issued is no longer affiliated with the National Guard or Reserves such special plate shall be forfeited and/or
revoked immediately.
(f) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, the
surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section as
a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.
(68 Del. Laws, c. 2, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 49, § 1.)
§ 2139B. Special license plates for recipients of the Purple Heart.
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that vehicle
of a special Purple Heart registration number; provided however, that the owner of the vehicle must possess official documentation which
indicates that such owner is the recipient of the Purple Heart medal.
(2) This section applies only to:
a. A private passenger vehicle; or
b. A truck with a 3/4-ton or less manufacturer’s rated capacity.
(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that
the applicant is a veteran of World War I, World War II, the Korean Conflict, Vietnam Conflict, Operation Desert Storm or other military
conflict on foreign soil in which United States armed forces were formally engaged in battle.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided
however, that an original application under this section shall be subject to a $10 administrative fee.
(d) The Department shall reserve sufficient special license plates including the letters “PH” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving
spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section as a valid
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registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. In the
event the surviving spouse remarries, the plate must be returned to the Department within 90 days. If no spouse exists at the time the
Department receives information regarding the death of the individual to whom the special plate was issued, the Department shall write
to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.
(69 Del. Laws, c. 22, § 1; 70 Del. Laws, c. 9, § 1; 80 Del. Laws, c. 49, § 1.)
§ 2139C. Special license plates for members of Ducks Unlimited.
(a) The owner of any vehicle described in this subsection may apply to the Department for the assignment to that vehicle of a special
Ducks Unlimited registration.
This section applies only to:
a. A private passenger vehicle; or
b. A truck with a 3/4-ton or smaller manufacturer’s rated capacity.
(b) Special registration may be issued under this section only if:
(1) The applicant states that the applicant is a member of the Delaware Chapter of Ducks Unlimited; and
(2) The Delaware Chapter of Ducks Unlimited certifies that the applicant is an active member of that organization.
(c) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the
original application under this section shall be subject to a $10 administrative fee, which shall be deposited into a special fund and
used by the Division of Motor Vehicles for the purpose of administering this section and to fund Division of Motor Vehicle projects
notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) The Department shall reserve sufficient license plates including the letters “D.U.” and numbered consecutively beginning with the
numeral “1” as are required for this section.
(e) Upon notification from the Delaware Chapter of Ducks Unlimited that an individual is no longer an active member of that
organization, the Department shall notify the license plate holder to surrender the license plate to the Department within 30 days.
(69 Del. Laws, c. 33, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 43.)
§ 2139D. Special license plates for recipients of medals or commendations for valor.
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that
vehicle of a special valor registration number; provided, however, that the owner of the vehicle must possess official documentation
which indicates that such owner is the recipient of a medal or commendation for valor while serving in the United States Armed Forces,
including, but not limited to, the Congressional Medal of Honor, the Silver Star, the Bronze Star, the Flying Cross, the Navy Cross, or
a Letter of Commendation if awarded for valor under combat conditions.
(2) This section applies only to:
a. A private passenger vehicle; or
b. A truck with a 3/4-ton or less manufacturer’s rated capacity.
(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that
the applicant is a veteran of World War I, World War II, the Korean Conflict, the Vietnam Conflict, Operation Desert Storm or other
military conflict on foreign soil in which United States armed forces were formally engaged in battle.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section;
provided, however, that an original application under this section shall be subject to a $10 administrative fee which shall be deposited into
a special fund and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects
notwithstanding Chapters 13 and 14 of Title 2 to the contrary.
(d) The Department shall reserve sufficient special license plates including the letter “V” and numbered consecutively beginning with
the numeral “1” as are necessary to implement this section. In addition, any special license plate issued pursuant to this section shall
include an insignia of the specific medal or commendation awarded to the applicant.
(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving
spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section as a valid
registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse
exists, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department
within 90 days.
(70 Del. Laws, c. 24, § 1; 80 Del. Laws, c. 49, § 1.)
§ 2139E. Special license plates for retired military personnel of the United States Armed Forces.
(a) (1) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle
of a special retired military registration number; provided, however, that the owner of the vehicle must possess official documentation
which indicates that the owner has retired from the United States armed forces.
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(2) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that
the applicant has been honorably discharged from the United States armed forces after having served an aggregate minimum of 20
years in 1 or more of the branches of the United States armed services.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck with a 3/4-ton or less manufacturer’s rated capacity.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section;
provided, however, that an original application under this section shall be subject to a $10 administrative fee which shall be deposited
into a special fund and used by the Division of Motor Vehicles with the purpose of administering this section and to fund Department
projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) The Department shall reserve sufficient special license plates numbered consecutively beginning with the numeral “1” as are
necessary to implement this section. In addition, any special license plate issued pursuant to this section shall include the insignia of the
seal of the branch of the armed services from which the applicant retired directly above the word “retired.”
(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving
spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section as a valid
registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse
exists, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department
within 90 days.
(70 Del. Laws, c. 200, § 1; 80 Del. Laws, c. 49, § 1.)
§ 2139F. Special animal welfare license plates.
(a) The owner of any vehicle described in paragraph (b) of this subsection may apply to the Department for the assignment to that
vehicle of a special animal welfare registration.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck or trailer with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less.
(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $50, which includes an administrative fee
of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for members of nonprofit
organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained upon
payment of a fee to be set by the Division which shall cover the cost of the plate.
(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used
by the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section. Proceeds remaining
after the Division of Motor Vehicles have covered the costs of promoting and administering this section shall be applied pursuant to
subsection (f) of this section.
(e) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Committee. The numbers
and/or letters assigned will be the same as the current license plate assigned to the vehicle. The license plate may also include words, a
slogan or an emblem indicating support for, or interest in, animal welfare. The Committee may at its discretion drop the wording “The
First State” and substitute in place thereof an animal welfare slogan. The Division of Motor Vehicles shall have the power to refuse any
design which it believes would cause a public safety enforcement problem.
(f) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to
subsection (d) of this section shall be deposited in the State Treasury and credited to a special fund account to be known as the Animal
Welfare License Fund in the Department of Health and Social Services, Public Health Division. The Department of Health and Social
Services shall divide the funds between organizations or veterinary clinics that provide low-cost dog or cat spaying and neutering services
and nonprofit organizations that provide shelter to unwanted stray dogs and cats. In determining how the funds shall be expended, the
Department of Health and Social Services shall consider the recommendations of the Fund Committee, as defined in subsection (g) of
this section below, provided that such recommendations shall not be binding on the Department of Health and Social Services.
(g) For purposes of this section, the “Fund Committee” shall consist of the following 7 members or their respective designees:
(1) The Secretary of the Department of Health and Social Services, who shall also act as Chairperson of the committee and shall
serve as an ex officio nonvoting member.
(2) The Executive Director of the First State Animal Center-SPCA.
(3) The Executive Director of the Delaware SPCA.
(4) The Executive Director of the Delaware Humane Association.
(5) The Executive Director of the Faithful Friends Animal Society.
(6) The President of the State Veterinary Board.
(7) The Executive Director of the Brandywine Valley SPCA.
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The Fund Committee shall meet as often as is necessary at times and in locations specified by the Chairperson. The Fund Committee
shall issue recommendations to the Department of Health and Social Services as often as the Chairperson deems necessary but no less
often than annually. Three members shall comprise a quorum and actions by the committee may only be taken by majority vote of those
members present. The members shall receive no compensation for their services. Any member who fails to attend 3 consecutive meetings,
or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically upon such occurrence
be deemed to have resigned from the Fund Committee and a replacement shall be appointed by the Chairperson. The Fund Committee
is authorized to adopt such rules and procedures as may be necessary or convenient to accomplish the purposes set forth in this section,
including without limitation, the adoption of conflict of interest rules.
(h) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(70 Del. Laws, c. 276, § 2; 70 Del. Laws, c. 476, §§ 1, 2; 78 Del. Laws, c. 235, § 1; 79 Del. Laws, c. 78, § 148; 79 Del. Laws, c.
377, § 3; 81 Del. Laws, c. 380, § 1; 82 Del. Laws, c. 133, § 1.)
§ 2139G. Special license plates for Korean War veterans.
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that vehicle
of a special Korean War veteran registration number; provided however, that the owner of the vehicle must possess official documentation
which indicates that such owner is a Korean War veteran.
(2) This section applies only to:
a. A private passenger vehicle; or
b. A truck with a 3/4-ton or less manufacturer’s rated capacity.
(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that
the applicant is a veteran of the Korean War.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided
however, that an original application under this section be subject to a $10 administrative fee, which shall be deposited into a special fund
and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding
the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) Only 1 such plate shall be issued to an applicant.
(e) The Department shall reserve sufficient special license plates including the letters “KW” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(f) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving
spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section as a valid
registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse
exists, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department
within 90 days.
(g) At least 50 members of the organization must apply for the special plate authorized by this section.
(70 Del. Laws, c. 322, § 1; 80 Del. Laws, c. 49, § 1.)
§ 2139H. Farmland preservation plates.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for a special
“Farmland Preservation” registration plate.
(b) This section applies to:
(1) A private passenger vehicle; or
(2) A truck or trailer with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less.
(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $50, which includes an administrative fee
of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for all persons applying
for a special plate pursuant to this section, including members of nonprofit organizations, even if members are exempt from registration
fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division, which shall cover
the cost of the plate.
(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used by
the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section. Proceeds remaining after
the Division of Motor Vehicles has covered the costs of promoting and administering this section shall be applied pursuant to subsection
(e) of this section.
(e) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to
subsection (d) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set
aside and deposited with the Delaware Agricultural Lands Preservation Foundation for its deposit in the Delaware Farmland Preservation
Fund.
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(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Farmland Preservation
Contest Committee. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. The committee
may, at its discretion, drop the wording “The First State” and substitute in place thereof the wording “Preserve Our Farms”. The Division
of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.
(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(74 Del. Laws, c. 47, § 2; 81 Del. Laws, c. 380, § 2.)
§ 2139I. Special license plates for holders of Gold Star lapel buttons.
(a) (1) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle
of a special Gold Star family registration number; provided, however, that the owner of the vehicle qualifies under paragraph (a)(2) of
this section.
(2) Special registration may be issued by the Department under this section if the applicant provides sufficient official documentation
of being awarded a Gold Star lapel button by the United States Department of Defense in recognition of a close relative’s death while
serving in the military.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck with a 3/4-ton or less manufacturer’s rated capacity.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section.
(d) The Department shall reserve sufficient special license plates including the letters “GS” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section. In addition, any special license plate issued pursuant to this section shall
include a gold star and the phrase “Gold Star Family”.
(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving
spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section as a valid
registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse
exists, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department
within 90 days.
(76 Del. Laws, c. 204, § 1; 80 Del. Laws, c. 7, § 1; 80 Del. Laws, c. 49, § 1.)
§ 2139J. Special license plates for veterans of Operation Iraqi Freedom.
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that
vehicle of a special Operation Iraqi Freedom veterans registration number; provided however, that the owner of the vehicle must possess
official documentation which indicates that such owner is a veteran of Operation Iraqi Freedom.
(2) This section applies only to:
a. A private passenger vehicle; or
b. A truck with a 3/4-ton or less manufacturer’s rated capacity.
(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that
the applicant is a veteran of Operation Iraqi Freedom.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided
however, that an original application under this section be subject to a $10 administrative fee, which shall be deposited into a special fund
and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding
the provisions of Chapter 13 and 14 of Title 2 to the contrary.
(d) Only 1 such plate shall be issued to an applicant.
(e) The Department shall reserve sufficient special license plates including the letters “OIF” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this action.
(f) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving
spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section as a valid
registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse
exists, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department
within 90 days.
(76 Del. Laws, c. 204, § 2; 80 Del. Laws, c. 49, § 1.)
§ 2139K. Special license plates for Vietnam War veterans.
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that
vehicle of a special Vietnam War veteran registration number; provided however, that the owner of the vehicle must possess official
documentation which indicates that such owner is a Vietnam War veteran.
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(2) This section applies only to:
a. A private passenger vehicle; or
b. A truck with a 3/4-ton or less manufacturer’s rated capacity.
(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that
the applicant is a veteran of the Vietnam War.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section, provided
however, that an original application under this section be subject to a $10 administrative fee, which shall be deposited into a special fund
and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding
the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) Only 1 such plate shall be issued to an applicant.
(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, the
surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section as
a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.
(f) The Department shall reserve sufficient special license plates including the letters “VV” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(76 Del. Laws, c. 204, § 3; 80 Del. Laws, c. 49, § 1.)
§ 2139L. “Limited edition” special centennial license plates [Expired Dec. 31, 2009; issued plates indefinitely
valid per 76 Del. Laws, c. 274, § 2].
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for a special
centennial registration plate from October 1, 2008, through December 31, 2009.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck or trailer that is not either required to be or voluntarily registered with the International Registration Plan; or
(3) A recreational vehicle.
(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $100, which includes an administration
fee of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for all persons applying
for this centennial plate. A replacement plate may be obtained upon payment of a $15 fee to the Division.
(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used by
the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administrative costs.
(e) All registration plates issued pursuant to this section shall be the colors and design as determined by the Division of Motor Vehicles.
The number and/or letters assigned will be the same as the current license plate assigned to the vehicle. The Division of Motor Vehicles
may, at its discretion, drop the wording “The First State” and substitute in place thereof wording honoring the centennial.
(f) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(76 Del. Laws, c. 274, § 1.)
§ 2139M. Law Enforcement Memorial license plate.
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that
vehicle of a special Law Enforcement Memorial registration number; provided, however, that the owner of the vehicle must possess
documentation:
a. That indicates that such person is a “police officer” as defined in § 8401 of Title 11;
b. That indicates that such person is an immediate family member of a “police officer” as defined in § 8401 of Title 11 who was
killed in the line of duty; or
c. From the Delaware Police Chiefs’ Council that it is appropriate for such person to receive a special Law Enforcement Memorial
registration number.
(2) This section applies only to:
a. A private passenger vehicle; or
b. A truck or van with a 3/4-ton or smaller manufacturer’s rated capacity.
(b) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section;
provided, however, that an original application under this section shall be subject to a $35 administrative fee, which shall be deposited
into a special fund and used by the Division of Motor Vehicles for the purposes of administering this section and to fund Department
projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.
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(c) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Law Enforcement
Memorial License Plate Committee created pursuant to subsection (d) of this section. The license plate may also include words, a slogan
or an emblem supporting the Law Enforcement Memorial. The Committee may at its discretion drop the wording “The First State” and
substitute in lieu thereof “Law Enforcement Memorial”. The Division of Motor Vehicles shall have the power to refuse any design which
it believes would cause a public safety enforcement problem.
(d) For purposes of this section, the “Law Enforcement Memorial License Plate Committee” shall consist of the following:
(1) The Director of the Division of Motor Vehicles or designee;
(2) The Chairperson of the Delaware Police Chiefs’ Foundation or designee;
(3) The Colonel of the Delaware State Police or designee; and
(4) The Chairperson of the Delaware Police Chiefs’ Council or designee.
(e) The Department shall reserve sufficient special license plates including the letters “LEM” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(f) The Delaware Police Chiefs’ Council shall have the authority to assign the license plate numbers at its discretion.
(g) Upon receipt by the Department of information that the individual to whom the special plate has been issued is no longer affiliated
with such organization or has died, whichever is applicable, the Department shall write to such person or the representative of that person’s
estate, requesting that such plate be returned to the Department within 90 days.
(h) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(78 Del. Laws, c. 153, § 1; 83 Del. Laws, c. 83, § 2.)
§ 2139N. Special license plates for veterans of Operation Enduring Freedom.
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that vehicle
of a special Operation Enduring Freedom veterans registration number; provided however, that the owner of the vehicle must possess
official documentation which indicates that such owner is a veteran of Operation Enduring Freedom.
(2) This section applies only to:
a. A private passenger vehicle; or
b. A truck with a 3/4-ton or less manufacturer’s rated capacity.
(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that
the applicant is a veteran of Operation Enduring Freedom.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided
however, that an original application under this section be subject to a $15 administrative fee, which shall be deposited into a special fund
and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding
the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) Only 1 such plate shall be issued to an applicant.
(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, the
surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section
as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.
(f) The Department shall reserve sufficient special license plates including the letters “OEF” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(78 Del. Laws, c. 231, § 1; 80 Del. Laws, c. 49, § 1.)
§ 2139O. Marine Education, Research and Rehabilitation Institute, Inc. special license plates.
(a) The owner of a motor vehicle which is a private passenger vehicle or a truck or trailer with a manufacturer’s gross vehicle weight
rating (GVWR) of 26,000 pounds or less may apply to the Division of Motor Vehicles for a special Marine Education, Research and
Rehabilitation Institute, Inc. license plate.
(b) Upon the initial application for a license plate to be issued pursuant to this section, a 1-time fee of $50, which includes an
administrative fee of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for
members of nonprofit organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate
may be obtained upon payment of a fee to be set by the Division which shall cover the cost of the plate.
(c) The 1-time administrative fee collected pursuant to subsection (b) of this section shall be deposited into a special fund and used by
the Division of Motor Vehicles for the purpose of administering this section and to fund division projects notwithstanding the provisions
of Chapters 13 and 14 of Title 2 to the contrary.
(d) All license plates issued pursuant to this section shall be of the colors and design requested by the Marine Education, Research and
Rehabilitation Institute, Inc. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. No
special numbers or letters will be authorized for these plates. The Division of Motor Vehicles shall have the power to refuse any design
which it believes would cause a public safety enforcement problem.
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(e) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to
subsection (c) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set
aside for use by the Marine Education, Research and Rehabilitation Institute, Inc.
(f) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(78 Del. Laws, c. 240, § 1; 78 Del. Laws, c. 385, § 1; 81 Del. Laws, c. 380, § 3; 83 Del. Laws, c. 37, § 23.)
§ 2139P. Special license plates for Civil Air Patrol Delaware Wing.
(a) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that vehicle
of a special Civil Air Patrol registration number; provided however, that the owner of the vehicle must possess official documentation
from the Civil Air Patrol Delaware Wing and signed by the Delaware Wing commander that indicates that such owner is a member in
good standing of the Civil Air Patrol and assigns the registration number to be issued by the Department.
(2) This section applies to:
a. A private passenger vehicle, or
b. A truck with a 3/4-ton or less manufacturer’s rated capacity.
(b) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided
however, that an original application under this section be subject to a $35 administrative fee, which shall be deposited into a special fund
and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding
the provisions of Chapter 13 and 14 of Title 2 to the contrary.
(c) Only 1 such plate shall be issued to an applicant.
(d) The Department shall reserve sufficient special license plates including the letters “CAP” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(e) Upon receipt by the Department of information provided by the Civil Air Patrol Delaware Wing that a registrant is no longer a Civil
Air Patrol member in good standing, the Department shall write to the registrant requesting that such plate be returned to the Department
within 30 days.
(f) At least 25 members of the organization must apply for the special plate authorized by this section.
(78 Del. Laws, c. 255, § 1.)
§ 2139Q. Stop child abuse plates.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for a special “Stop
Child Abuse” registration plate, provided that at least 100 such applications are received by the Division.
(b) This section applies to:
(1) A private passenger vehicle; or
(2) A truck with a 3/4-ton or smaller manufacturer’s rated capacity.
(c) Upon the initial application for a plate to be issued pursuant to this section, a fee of $50, which includes an administrative fee of
$15, is required in addition to the annual registration fee required by this title. This additional fee is required for all persons applying
for a special plate pursuant to this section, including members of nonprofit organizations, even if members are exempt from registration
fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division, which shall cover
the cost of the plate.
(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used
by the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section. Proceeds remaining
after the Division of Motor Vehicles have covered the costs of promoting and administering this section shall be applied pursuant to
subsection (f) of this section.
(e) After making the initial application for a plate to be issued pursuant to this section, the owner shall pay a $40 surcharge annually
for each plate in addition to the regular registration fee.
(f) The funds derived by the State from that portion of the initial fee of $50 that is not defined as an administrative fee pursuant to
subsections (c) and (d) of this section and the $40 surcharge under subsection (e) of this section shall be deposited by the Division of
Motor Vehicles with the State Treasurer and shall be forwarded to the Delaware Community Foundation who, in turn, shall deposit them
in the Protecting Delaware’s Children Fund.
(g) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Child Protection
Accountability Commission. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. The
Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.
(h) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(79 Del. Laws, c. 264, § 1.)
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§ 2139R. Special license plates honoring Delaware veterans.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for assignment
to that vehicle a special plate “Honoring Our Veterans”.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck with a 3/4-ton or less manufacturer’s rated capacity.
(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $20, which includes an administrative fee
of $10, is required in addition to the annual registration fee required by this title. This additional fee is required for all persons applying
for a special plate pursuant to this section, including members of nonprofit organizations, even if members are exempt from registration
fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division, which shall cover
the cost of the plate.
(d) The funds derived by the State from that portion of the 1-time fee of $20 that is not defined as an administrative fee pursuant to
subsection (c) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set
aside and deposited with the Delaware Commission of Veterans Affairs for its deposit in the Veterans Trust Fund.
(e) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Delaware Commission
of Veterans Affairs. The license plate may also include words, a slogan or an emblem honoring Delaware veterans. The Commission
may at its discretion drop the wording “The First State” and substitute in lieu thereof “Honoring Our Veterans”. The Division of Motor
Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.
(f) The Department shall reserve sufficient special license plates including the letters “HV” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(79 Del. Laws, c. 328, § 1.)
§ 2139S. Special license plates for members of the Cancer Support Community.
(a) The owner of any vehicle described in this subsection may apply to the Department for the assignment to that vehicle of a special
Cancer Support Community registration, provided that at least 100 such member applications are received by the Department. This section
applies only to:
(1) A private passenger vehicle; or
(2) A truck with a 3/4-ton or smaller manufacturer’s rated capacity.
(b) Special registration may be issued under this section only if:
(1) The individual applicant states that the applicant is a member of the Cancer Support Community; and
(2) The Cancer Support Community certifies that the individual applicant is an active member of that organization.
(c) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the
original application under this section shall be subject to a $10 administrative fee, which shall be deposited into a special fund and
used by the Division of Motor Vehicles for the purpose of administering this section and to fund Division of Motor Vehicle projects
notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) The Department shall reserve license plates including the letters “C.S.C.” and numbered consecutively beginning with the numeral
“1” as are required for this section.
(e) Upon notification from the Delaware Chapter of the Cancer Support Community that an individual is no longer an active member
of that organization, the Department shall notify the license plate holder to surrender the license plate to the Department within 30 days.
(79 Del. Laws, c. 417, § 1.)
§ 2139T. Special license plates for active members and retired active members of the International
Association of Firefighters (IAFF) living in Delaware.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle of
a special professional firefighter registration number; provided, however, that the owner of the vehicle must possess and present official
membership card/ID documentation which indicates that the owner is an active or retired active member of the International Association
of Firefighters.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck with a ¾-ton or less manufacturer’s rated capacity; or
(3) A van with a ¾-ton or less manufacturer’s rated capacity.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section;
provided, however, that an original application under this section shall be subject to a $10 administrative fee which shall be deposited
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into a special fund and used by the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this
section and to fund Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) The Department shall reserve sufficient license plates and the letters “PF” and number consecutively beginning with the numeral
“1” as are necessary to implement this section.
(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department
shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.
(80 Del. Laws, c. 223, § 1.)
§ 2139U. Special license plates for professional paramedics and retired professional paramedics.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle of
a special professional paramedic registration number; provided, however, that the owner of the vehicle must possess and present official
documentation from the applicant’s county emergency medical services chief or from the state Office of Emergency Medical Services
which indicates that the owner is a professional paramedic or a retired professional paramedic.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck with a 3/4–ton or less manufacturer’s rated capacity; or
(3) A van with a 3/4–ton or less manufacturer’s rated capacity.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section;
provided, however, that an original application under this section shall be subject to a $10 administrative fee which shall be deposited
into a special fund and used by the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this
section and to fund Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) A minimum of 100 applicants for this plate shall be required prior to issuance of the plate.
(e) Only 1 such plate shall be issued to an applicant.
(f) The Department shall reserve sufficient special license plates including the letters “NR” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(g) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department
shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.
(80 Del. Laws, c. 226, § 1; 81 Del. Laws, c. 157, § 1.)
§ 2139V. Special license plates for recipients of the Bronze Star without valor.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle of a
special registration number, provided that the owner of the vehicle must possess official documentation which indicates that such owner
is the recipient of a Bronze Star without valor (without the “V” device) while serving in the United States Armed Forces.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck with a 3/4-ton or less manufacturer’s rated capacity; or
(3) A van with a 3/4-ton or less manufacturer’s rated capacity.
(c) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the
original application under this section shall be subject to a $10 administrative fee, which shall be deposited into a special fund and used by
the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section and to fund Department
projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) Only 1 such plate shall be issued to an applicant.
(e) The Department shall reserve sufficient license plates with the letter “M” and numbered consecutively beginning with the numeral
“1” as are required for this section.
(f) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the surviving
spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section as a valid
registration plate. No fee in addition to the annual registration fee required by this title is required for registration. If no spouse exists, the
Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.
(80 Del. Laws, c. 262, § 1.)
§ 2139W. Special license plates for the Delaware Equine Council.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for a special
Delaware Equine Council registration plate.
(b) This section applies only to:
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(1) A private passenger vehicle; or
(2) A truck or trailer with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less; or
(3) A van with a ¾-ton or less manufacturer’s rated capacity.
(c) Upon the initial application for a license plate to be issued pursuant to this section, a 1-time fee of $50, which includes an
administrative fee of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for
members of nonprofit organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate
may be obtained upon payment of a fee to be set by the Division which shall cover the cost of the plate.
(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used by
the Division of Motor Vehicles for the purpose of administering this section and to fund division projects notwithstanding the provisions
of Chapters 13 and 14 of Title 2 to the contrary.
(e) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to
subsection (c) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set
aside for use by the Delaware Equine Council.
(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Board of Directors of
the Delaware Equine Council. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle.
No special numbers or letters will be authorized for these plates. The Board of Directors of the Delaware Equine Council may, at its
discretion, drop the wording “The First State” and substitute in place thereof “Delaware Equine Council.” The Division of Motor Vehicles
shall have the power to refuse any design which it believes would cause a public safety enforcement problem.
(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(80 Del. Laws, c. 351, § 1; 81 Del. Laws, c. 380, § 4.)
§ 2139X. Special license plates for veterans of Operation Desert Storm.
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that
vehicle of a special Operation Desert Storm veterans registration number; provided however, that the owner of the vehicle must possess
official documentation which indicates that such owner is a veteran of Operation Desert Storm.
(2) This section applies only to:
a. A private passenger vehicle;
b. A truck with a 3/4-ton or less manufacturer’s rated capacity; or
c. A van with a 3/4-ton or less manufacturer’s rated capacity.
(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that
the applicant is a veteran of Operation Desert Storm.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided
however, that an original application under this section be subject to a $10 administrative fee, which shall be deposited into a special fund
and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding
the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) Only 1 such plate shall be issued to an applicant.
(e) The Department shall reserve sufficient special license plates including the letters “ODS” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(f) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, the
surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section
as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.
If no spouse exists at the time the Department receives information regarding the death of the individual to whom the special plate was
issued, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department
within 90 days.
(81 Del. Laws, c. 4, § 1.)
§ 2139Y. Special license plates for members of the National Wild Turkey Federation.
(a) The owner of any vehicle described in this subsection may apply to the Department for the assignment to that vehicle of a special
National Wild Turkey Federation registration. This section applies only to:
(1) A private passenger vehicle; or
(2) A truck with a 3/4-ton or smaller manufacturer’s rated capacity.
(b) Special registration may be issued under this section only if:
(1) The applicant states that the applicant is a member of the Delaware Chapter of the National Wild Turkey Federation; and
(2) The Delaware Chapter of the National Wild Turkey Federation certifies that the applicant is an active member of that organization.
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(c) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the
original application under this section shall be subject to a $10 administrative fee, which shall be deposited into a special fund and
used by the Division of Motor Vehicles for the purposes of administering this section and to fund Division of Motor Vehicle projects
notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) The Department shall reserve sufficient license plates including the letters “WT” and numbered consecutively beginning with the
numeral “1” as are required for this section.
(e) Upon notification from the Delaware Chapter of the National Wild Turkey Federation that an individual is no longer an active
member of that organization, the Department shall notify the license plate holder to surrender the license plate to the Department within
30 days.
(81 Del. Laws, c. 160, § 1.)
§ 2139Z. Special license plates for Keep Delaware Beautiful.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for the assignment to that vehicle
of a special Keep Delaware Beautiful registration.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck or trailer with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less.
(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $50, which includes an administrative fee
of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for members of nonprofit
organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained upon
payment of a fee to be set by the Division which shall cover the cost of the plate.
(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used
by the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section. Proceeds remaining
after the Division of Motor Vehicles have covered the costs of promoting and administering this section shall be applied pursuant to
subsection (f) of this section.
(e) All registration plates issued pursuant to this section shall be of the colors and design as determined by a committee of at least
3 persons including representation of both the Division of Motor Vehicles and Keep Delaware Beautiful. The size, composition, and
operation of the committee shall be determined by, and at the discretion of, the Director of the Division of Motor Vehicles. The numbers
and/or letters assigned will be the same as the current license plate assigned to the vehicle. The license plate may also include words, a
slogan or an emblem indicating support for, or interest in, the mission of Keep Delaware Beautiful. The committee may, at its discretion,
drop the wording “The First State” and substitute in place thereof a slogan related to Keep Delaware Beautiful or its mission. The Division
of Motor Vehicles shall have the power to refuse any design which it believes would be inappropriate or cause a public safety enforcement
problem.
(f) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to
subsections (c) and (d) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be forwarded
to a special fund account to be known as the Keep Delaware Beautiful License Fund to be used to support its mission to beautify the
State and reduce litter.
(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(81 Del. Laws, c. 203, § 1; 81 Del. Laws, c. 380, § 5.)
§ 2139AA. Special license plates for members of the Dover Air Force Base Chiefs Group.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle
of a special Dover Air Force Base Chiefs Group registration.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck with a 3/4-ton or less manufacturer’s rated capacity; or
(3) A van with a 3/4-ton or less manufacturer’s rated capacity.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section;
provided, however, that an original application under this section shall be subject to a $10 administrative fee which shall be deposited into
a special fund and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects
notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) A minimum of 25 applicants for this plate shall be required prior to issuance of the plate.
(e) Only 1 such plate shall be issued to an applicant.
(f) The Department shall reserve sufficient special license plates including the letters “DCG” and numbered consecutively beginning
with the numeral “1” as are required for this section.
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(g) Upon notification from the Dover Air Force Base Chiefs Group that an individual is no longer an active member of that organization,
the Department shall notify the license plate holder to surrender the license plate to the Department in 30 days.
(81 Del. Laws, c. 230, § 1.)
§ 2139BB. Special license plates for military veterans
(a) (1) The owner of any vehicle described in paragraph (a)(2) of this section may apply to the Department for assignment to that vehicle
of a special military veterans registration number; provided however, that the owner of the vehicle must possess official documentation
which indicates that such owner is an honorably discharged veteran of the United States military.
(2) This section applies only to:
a. A private passenger vehicle; or
b. A truck with a ¾-ton or less manufacturer’s rated capacity.
(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that
the applicant is an honorably discharged veteran of the United States military.
(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided
however, that an original application under this section be subject to a $15 administrative fee, which shall be deposited into a special fund
and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding
the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(d) Only 1 such plate shall be issued to an applicant.
(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued is deceased, the
surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of paragraph (a)(2) of this section
as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.
(f) The Department shall reserve sufficient special license plates including the letters “MV” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(81 Del. Laws, c. 381, § 1.)
§ 2139CC. Special license plates veterans of World War II.
(a) (1) The owner of any vehicle described in subsection (a)(2) of this section may apply to the Department for assignment to that
vehicle of a special World War II veteran registration number; provided, however, that the owner of the vehicle must possess and present
official documentation which indicates that the owner is a World War II veteran.
(2) This section applies only to the following:
a. A private passenger vehicle; or
b. A truck with a ¾-ton or less manufacturer’s rated capacity.
(b) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section;
provided, however, that an original application under this section shall be subject to a $10 administrative fee which shall be deposited
into a special fund and used by the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this
section and to fund Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.
(c) Only 1 such plate shall be issued to an applicant.
(d) The Department shall reserve sufficient special license plates including the phrase “WWII” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department
shall write to the representative of that person’s estate. Upon receipt by the Department of information that the individual to whom
the special plate has been issued has died, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the
requirements of paragraph (a)(2) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise
required by this title is required for registration. If no spouse exists, the Department shall write to the representative of that person’s estate,
requesting that such plate be returned to the Department within 90 days.
(82 Del. Laws, c. 223, § 1.)
§ 2139DD. Special license plate to support pollinators.
(a) The owner of a vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles (“Division”) for a
special “Support Pollinators” plate. The Division shall issue the plate if it receives at least 50 such applications.
(b) This section applies only to:
(1) A private passenger vehicle.
(2) Subject to paragraph (b)(2)b. of this section, a motor vehicle, including a truck or trailer, with a manufacturer’s gross vehicle
weight rating (“GVWR”) of 26,000 pounds or less.
a. The motor vehicle described in this paragraph (b)(2) may be owned by an individual or an artificial entity, including a
corporation, company, association, firm, partnership, society, or joint-stock company.
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b. A truck that qualifies to register for the International Registration Plan (“IRP”), individually, or as part of a combination of
vehicles, as defined in § 101 of this title, may not be issued a special plate under this section.
(c) (1) On the initial application for a plate to be issued under this section, a 1-time fee of $50, which includes an administrative fee
of $15, is required in addition to the annual registration fee required by this title.
(2) The initial application fee under paragraph (c)(1) of this section is required for a person applying for a plate under this section,
including a member of a nonprofit organization, even if the member is exempt from registration fees under § 2159 of this title .
(3) A replacement plate may be obtained on payment of a fee to be set by the Division, which must cover the cost of the plate.
(d) The Division shall deposit the 1-time administrative fee collected under subsection (c) of this section into a special fund and use
the fund to promote the sale of the plate and for administering this section. Proceeds remaining after the Division has covered the costs
of promoting the sale of the plate and administering this section must be applied under subsection (e) of this section.
(e) The Division shall deposit with the Department the funds derived by the State from the portion of the 1-time fee of $50 that is not
defined as an administrative fee under subsections (c) and (d) of this section. The Department shall set aside the deposited funds. The
Department shall use the set aside deposited funds for pollinator-related work, such as native species and milkweed plantings.
(f) (1) A plate issued under this section must be of the colors and design as determined by the Division and the Department’s
Environmental Studies Office.
(2) The numbers or letters assigned by the Division must be the same as the plate assigned to an owner’s vehicle at the time of the
application for the plate.
(3) The Department’s Environmental Studies Office may drop the wording “The First State” and substitute “Support Pollinators,
Plant Native Species”.
(4) The Division may refuse any design which the Division believes would cause a public safety enforcement problem.
(g) The Division may adopt regulations to administer this section.
(83 Del. Laws, c. 23, § 1.)
§ 2140. Special registration plates for members of nonprofit organizations.
(a) The owner of a motor vehicle described in subsection (b) of this section who is a member of a nonprofit organization considered
eligible by the Division of Motor Vehicles may apply to the Division for the assignment of a special registration plate for such vehicle.
(b) This section applies only to:
(1) A passenger vehicle;
(2) A truck with a 3/4-ton or smaller manufacturer’s rated capacity; or
(3) A van with a 3/4-ton or smaller manufacturer’s rated capacity.
(c) The applicant must submit acceptable proof, as required by the Division, that the applicant is a member in good standing or is
otherwise eligible for the issuance of such special plate.
(d) No fee in addition to the regular annual registration fee required by this title is required. However, upon the initial application for
a special plate issued pursuant to this section, a 1-time administrative fee of $10 shall be assessed.
(e) The 1-time administrative fee collected pursuant to subsection (d) of this section shall be deposited into a special fund and used
by the Division of Motor Vehicles for the purpose of administering this section, notwithstanding the provisions of Chapters 13 and 14
of Title 2 to the contrary.
(f) [Repealed.]
(g) At least 200 applications for special plates must be received from a specific organization before the Division of Motor Vehicles
will approve the issuance. However, the minimum number of 200 does not apply to any of the following:
(1) Survivors of Pearl Harbor.
(2) Members of university or high school alumni associations, provided that at least 25 applications for special plates must be received
from members of a given university or high school alumni association before the Division of Motor Vehicles will approve the issuance
of special plates for that particular university or high school alumni association.
(3) Retired Delaware police officers.
(4) Members of Delaware Nur Temple and the Service Alumni Association, provided that at least 100 applications for special plates
must be received from members before the Division of Motor Vehicles will approve the issuance of the special plate.
(5) Members of the Marine Corps League and Delaware Veterans of World War 2 Inc. provided that at least 100 applications for
special plates must be received from members before the Division of Motor Vehicles will approve the issuance of the special plate.
(6) Members of the Order of Eastern Star, Knights of Columbus, the Telephone Pioneers of America, Lions Club International,
and the Senior Olympics, provided that at least 100 applications for special plates must be received from members of any of the said
organizations before the Division of Motor Vehicles will approve the issuance of a special plate for that organization, except for the
Telephone Pioneers of America who must have a minimum of 75 applications for special plates before the Division of Motor Vehicles
will approve the issuance of a special plate for the organization.
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(7) Members of “Fraternal Order of Firemen Wilmington Retired Firefighters,” provided that at least 50 applications for special
plates must be received from members of such organization before the Division of Motor Vehicles will approve the issuance of the
special plate.
(8) Members of the “USSVI, Mid-Atlantic Base,” the U.S. Submarine Veterans, Inc., organization, provided that at least 35
applications for special plates be received from members of such organization before the Division of Motor Vehicles will approve the
issuance of the special plate.
(9) Members of the “Buffalo Soldiers Motorcycle Club of Delaware,” provided that at least 25 applications for special plates must
be received from members of such organization before the Division of Motor Vehicles will approve the issuance of the special plate.
(10) Members of “atTAcK addiction,” provided that at least 50 applications for special plates must be received from members of the
organization before the Division of Motor Vehicles will approve the issuance of the special plate.
(h) The numbers and letters assigned to these special plates must be such that they can be integrated with the Division’s computerized
vehicle registration records.
(i) The Division of Motor Vehicles may refuse to issue special registration plates when it is deemed not in the best interest of the State.
(j) Upon receipt by the Department of information that the individual to whom the special plate has been issued pursuant to paragraph
(g)(1), (g)(5), or (g)(8) of this section is deceased, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets
the requirements of subsection (b) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise
required by this title is required for registration.
(k) The Department upon receipt of any official correspondence from the organization advising that the individual to which a special
plate has been issued is no longer affiliated with such organization such special plate shall be forfeited and/or revoked immediately.
(l) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(69 Del. Laws, c. 183, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 12, § 1; 70 Del. Laws, c. 158, § 1; 70 Del. Laws, c. 186, § 1;
70 Del. Laws, c. 200, § 2; 70 Del. Laws, c. 317, § 1; 70 Del. Laws, c. 333, § 1; 70 Del. Laws, c. 417, § 1; 73 Del. Laws, c. 170, §§
1-4; 76 Del. Laws, c. 204, §§ 4, 6-8; 80 Del. Laws, c. 49, § 1; 83 Del. Laws, c. 24, § 1.)
§ 2140A. Environmental license plates.
(a) The owner of a motor vehicle may apply to the Division of Motor Vehicles for a special environmental license plate.
(b) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $50, which includes an administrative fee
of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for members of nonprofit
organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained upon
payment of a fee to be set by the Division which shall cover the cost of the plate.
(c) The 1-time administrative fee collected pursuant to subsection (b) of this section shall be deposited into a special fund and used by
the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section. Proceeds remaining after
the Division of Motor Vehicles has covered the costs of promoting and administering this section shall be applied pursuant to subsection
(e) of this section.
(d) The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. No special numbers or
letters will be authorized for these plates. The Division of Motor Vehicles may at its discretion drop the wording “The First State” and
substitute in place thereof an environmental slogan. The Division of Motor Vehicles shall have the power to refuse any design which it
believes would cause a public safety enforcement problem.
(e) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to
subsection (c) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set
aside and divided equally between:
(1) The Delaware Center for the Inland Bays; and
(2) The Partnership for the Delaware Estuary, Incorporated.
(f) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(70 Del. Laws, c. 281, § 2; 81 Del. Laws, c. 249, § 1.)
§ 2140B. Special license plates for Delaware sport fishing license plates.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for the assignment to that vehicle
1 of 2 special Delaware sport fishing license plates either a freshwater design or a saltwater design registration.
(b) This section applies only to:
(1) A private passenger vehicle; or
(2) A truck with a ¾-ton or smaller manufacturer’s rated capacity.
(c) Upon the initial application for either of these plates to be issued pursuant to this section, a 1-time fee of $95, which includes an
administrative fee of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for
members of nonprofit organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate
may be obtained upon payment of a fee to be set by the Division which shall cover the cost of the plate.
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(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used
by the Division of Motor Vehicles for administrative costs.
(e) All registration plates issued pursuant to this section shall be of the colors and design as determined by a committee of at least 3
persons including representation of the Division of Motor Vehicles, The Delaware Advisory Council of Recreational Fishing Funding and
the Division of Fish and Wildlife. The size, composition, and operation of the committee shall be determined by, and at the discretion of,
the Director of the Division of Motor Vehicles. The numbers and/or letters assigned will be the same as the current license plate assigned
to the vehicle. The license plate may also include words, a slogan or an emblem indicating support for, or interest in, the mission of
promoting both saltwater and freshwater fishing in the State. The committee may, at its discretion, drop the wording "The First State"
and substitute in place thereof a slogan related to recreational fishing. The committee may change the species design of fish on both
the saltwater and freshwater license plate every 3 to 5 years as deemed needed by both the Delaware Advisory Council on Recreational
Fishing Funding and the Division of Fish and Wildlife. The Division of Motor Vehicles shall have the power to refuse any design which
it believes would be inappropriate or cause a public safety enforcement problem.
(f) The funds derived by the State from that portion of the 1-time fee of $95 that is not defined as an administrative fee pursuant to
subsections (c) and (d) of this section shall be deposited in the State Treasury and credited to a special fund account to be known as the
"Delaware Recreational Fishing Enhancement Fund" and transferred to The Division of Fish and Wildlife quarterly in a manner deemed
appropriate by the State Treasurer. The funds shall be used by the Division of Fish and Wildlife with advisory recommendations by the
Delaware Advisory Council on Recreational Fishing Funding in support of its mission to enhance the pleasure of recreational saltwater
and freshwater fishing in the State.
(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(81 Del. Laws, c. 321, § 1.)
§ 2140C. Special license plates honoring women’s military service.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for assignment
to that vehicle of a special plate “Honoring Women’s Military Service,” if the owner of the vehicle is a woman who possesses sufficient
documentation to establish that she served the United States Armed Forces or the Delaware National Guard, either as a civilian or as
a servicemember.
(b) This section applies to only the following:
(1) A private passenger vehicle.
(2) A truck with a 3/4-ton or less manufacturer’s rated capacity.
(3) A van with a 3/4-ton or less manufacturer’s rated capacity.
(c) Upon the initial application for a license plate to be issued under this section, a 1-time fee of $20, which includes an administrative
fee of $10, is required in addition to the annual registration fee required by this title. This additional fee is required for members of
nonprofit organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained
upon payment of a fee to be set by the Division of Motor Vehicles, to cover the cost of the replacement plate.
(d) The Division of Motor Vehicles shall deposit with the State Treasurer the funds derived by the State from that portion of the 1-time
fee of $20 that is not defined as an administrative fee under subsection (c) of this section. The deposited funds must be specifically set
aside and deposited with the Delaware Commission of Veterans Affairs for its deposit in the Veterans Trust Fund.
(e) All plates issued under this section must be of the colors and design as determined by the Delaware Women’s Military Service
Monument Committee. The plate may also include words, a slogan, or an emblem honoring Delaware women’s military services. The
Committee may drop the wording “The First State” and substitute in lieu thereof “Delaware Women’s Military Monument”. The Division
of Motor Vehicles may refuse any design which it believes would cause a public safety enforcement problem.
(f) The Department shall reserve sufficient special license plates including the letters “WMS” and numbered consecutively beginning
with the numeral “1” as are necessary to implement this section.
(g) Upon receipt by the Department of information that the individual to whom the special plate under this section was issued has died,
the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section
as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.
If no spouse exists, the Department shall write to the representative of that individual’s estate, requesting that the plate be returned to
the Department within 90 days.
(h) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(81 Del. Laws, c. 327, § 1; 70 Del. Laws, c. 186, § 1.)
§ 2140D. Delaware State Fair Centennial limited edition special license plates.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for a Delaware State Fair Centennial
special registration plate.
(b) This section applies only to:
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(1) A private passenger vehicle.
(2) A vehicle that is owned by a business and does not exceed the weight limit under paragraph (b)(3) of this section.
(3) A truck or trailer with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less, whether it is owned by
an individual or an artificial entity, including a corporation, company, association, firm, partnership, society, or joint-stock company.
(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $100, which includes an administrative
fee of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for all persons applying
for this special plate. A replacement plate may be obtained upon payment of a $15 fee to the Division.
(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used
by the Division of Motor Vehicles for administrative costs.
(e) The funds derived by the State from that portion of the 1-time fee of $100 that is not defined as an administrative fee pursuant to
subsections (c) and (d) of this section shall be deposited by the Department with the State Treasurer and shall be forwarded to a special
fund account for the Delaware State Fair.
(f) All registration plates issued pursuant to this section shall be the colors and design as determined by the Department in conjunction
with representatives from the Delaware State Fair Board of Directors.
(81 Del. Laws, c. 364, § 1; 82 Del. Laws, c. 39, § 1.)
§ 2140E. Special bicycle friendly license plates.
(a) The owner of a motor vehicle may apply to the Division of Motor Vehicles for the assignment to that vehicle of a special “Bicycle
Friendly Delaware” registration plate.
(b) Upon the initial application for the plate to be issued pursuant to this section, a 1-time fee of $40, which includes an administrative
fee of $15, is required in addition to the annual fee required by this title. This additional fee is required for all persons applying for a
special plate pursuant to this section, including members of nonprofit organizations, even if members are exempt from registration fees
under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division of Motor Vehicles, which
shall cover the cost of the plate.
(c) The 1-time administrative fee collected pursuant to subsection (b) of this section shall be deposited into a special fund by the
Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section. Proceeds remaining after the
Division of Motor Vehicles have covered the costs of promoting and administering this section shall be applied pursuant to the subsection
(f) of this section.
(d) After making the initial application for a plate to be issued pursuant to this section, the owner shall pay a $25 surcharge annually
for each plate in addition to the regular registration fee.
(e) All registration plates issued pursuant to this section shall be of the colors and design as determined by a committee of at least three
persons including representation of both the Division of Motor Vehicles and Bike Delaware, Inc. The size, composition, and operation
of the committee shall be determined by, and at the discretion of, the Director of the Division of Motor Vehicles. The numbers or letters
assigned will be the same as the current registration plate assigned to the vehicle. The plate may also include words, a slogan, an emblem
or a design indicating support for, or interest in, bicycling or the mission of Bike Delaware. The Committee may, at its discretion, drop the
wording “The First State” and substitute in place thereof either “Bicycle Friendly Delaware” or “Bicycle Friendly.” The Division of Motor
Vehicles shall have the power to refuse any design which it believes would be inappropriate or cause a public safety enforcement problem.
(f) The funds derived from the State from that portion of the initial fee of $40 that is not defined as an administrative fee pursuant to
subsections (b) and (c) of this section and the $25 surcharge under subsection (d) shall be deposited by the Division of Motor Vehicles with
the State Treasurer, and said funds shall be used to support Bike Delaware, Inc.’s mission to promote safe nonmotorized transportation
for Delaware residents.
(82 Del. Laws, c. 33, § 1.)
§ 2140F. Special registration plates for members of a motorcycle club.
(a) An owner of a motorcycle may apply to the Division of Motor Vehicles (“Division”) for a motorcycle club’s special registration
plate for the motorcycle under this section if both of the following apply.
(1) The owner has completed or, at the time of application, is enrolled in an experienced rider course offered by the Division or
another entity under § 2726 of this title. If the owner is enrolled in the course at the time of application, the owner must provide
verification of completion of the course to the motorcycle club to which the owner belongs.
(2) The owner is a member in good standing with the motorcycle club represented by the special registration plate.
(b) An owner of a motorcycle must provide the Division with acceptable proof that the owner is a member in good standing with the
motorcycle club to receive the motorcycle club’s special registration plate.
(c) The Division must receive at least 25 applications for a motorcycle club’s special registration plate before the Division may approve
the issuance of the special registration plate, including from any of the following motorcycle clubs:
(1) Alliance of Bikers Aimed Toward Education (A.B.A.T.E.) of Delaware, Inc.
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(2) Buffalo Soldiers Motorcycle Club of Delaware.
(3) Green Knights International Military Motorcycle Club.
(4) Blue Knights International Law Enforcement Motorcycle Club.
(5) Red Knights International Firefighters Motorcycle Club.
(6) American Legion Riders Motorcycle Club.
(7) Vietnam Legacy Veterans Motorcycle Club.
(d) The numbers and letters assigned to special registration plates under this section must be such that the numbers and letters can be
integrated with the Division’s computerized vehicle registration records.
(e) The Division may refuse to issue a special registration plate when the Division deems it not in the best interest of the State.
(f) (1) Upon the initial application for a special registration plate under this section, a 1-time fee of $20, which includes an administrative
fee of $10, is required in addition to the annual registration fee required by this title.
(2) The fee under paragraph (f)(1) of this section is required for all persons applying for a special plate pursuant to this section,
including members of nonprofit organizations, even if members are exempt from registration fees under § 2159 of this title.
(3) A replacement special registration plate may be obtained upon payment of a fee to be set by the Division, which must cover
the cost of the plate.
(g) The Division shall deposit with the State Treasurer the nonadministrative portion of the fee under paragraph (f)(1) of this section.
The State Treasurer must place the deposited funds in a special account. The Division must use the funds in deposited in the special
account only for the expenses incurred in the administration of the motorcycle rider education program.
(h) The Division shall revoke a special registration plate issued under this section if either of the following occur:
(1) A motorcycle club provides the Division with official correspondence advising the Division that an owner of a motorcycle to
which a special registration plate has been issued has not completed an experienced rider course within 6 months of the receipt of the
special registration plate.
(2) A motorcycle club provides the Division with official correspondence advising the Division that an owner of a motorcycle to
which a special registration plate has been issued is no longer affiliated with the club.
(i) The Department may promulgate rules and regulations to administer this section.
(82 Del. Laws, c. 63, § 1.)
§ 2140G. Delaware State Education Association centennial limited edition special license plates.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for a Delaware State Education
Association centennial special registration plate.
(b) This section applies to any of the following:
(1) A private passenger vehicle.
(2) A truck with a 3/4-ton or less manufactures rated capacity.
(3) A van with a 3/4-ton or less manufacturer’s rated capacity.
(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time administrative fee of $15 is required in addition
to the annual registration fee required by this title. A replacement plate may be obtained upon payment of a $15 fee to the Division.
(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used
by the Division of Motor Vehicles for administrative costs.
(e) Upon receipt of information by the Department that the individual to whom the special plate under this section was issued has died,
the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section
as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration.
If no spouse exists, the Department shall write to the representative of that individual’s estate, requesting that the plate be returned to
the Department within 90 days.
(f) All registration plates issued pursuant to this section shall be the colors and design as determined by the Department in conjunction
with representatives from the Delaware State Education Association Board of Directors.
(82 Del. Laws, c. 134, § 1.)
§ 2140H. Special registration plates supporting migratory shorebirds.
(a) An owner of a motor vehicle may apply to the Division of Motor Vehicles ( “Division” ) for the assignment to that motor vehicle
of a migratory shorebird special registration plate.
(b) (1) On the initial application for a special registration plate under this section, a 1-time fee of $50, which includes an administrative
fee of $15, is required in addition to the annual fee required by this title. After making the initial application for a special registration plate
under this section, an owner of a motor vehicle shall pay a $25 annual surcharge for each plate, in addition to the regular registration fee.
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(2) The 1-time fee and annual surcharge under paragraph (b)(1) of this section are required for all persons applying for a special
registration plate under this section, including members of nonprofit organizations, even if members are exempt from registration fees
under § 2159 of this title.
(3) A replacement special registration plate may be obtained upon payment of a fee to be set by the Division, which must cover
the cost of the plate.
(c) The Division shall deposit the moneys collected under paragraph (b)(1) of this section into a special fund for the purpose of promoting
the sale of the special registration plate and administering this section. The Division shall apply the proceeds remaining after the Division
has covered the costs of promoting and administering this section as provided under subsection (d) of this section.
(d) The Division shall deposit with the State Treasurer the annual surcharge and the nonadministrative portion of the 1-time fee required
under paragraph (b)(1) of this section. The State Treasurer shall direct the deposited funds to the Delaware Ornithological Society for
use to support its mission.
(e) (1) All special registration plates issued under this section must be of the colors and design as determined by the Delaware
Ornithological Society and a member of the Division.
(2) The numbers and letters assigned by the Division must be the same as the registration plate assigned to an owner’s motor vehicle
at the time of the application for the special registration plate. The Division may not assign special numbers or letters for special
registration plates issued under this section.
(3) The Division may refuse any design which it believes would cause a public safety enforcement problem.
(f) The Division may promulgate rules and regulation to administer this section.
(82 Del. Laws, c. 277, § 1.)
§ 2140I. Special registration plates supporting autism awareness and acceptance.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for a special
“Autism Awareness and Acceptance” registration plate.
(b) This section applies to:
(1) A private passenger vehicle; or
(2) Subject to paragraph (b)(2)b. of this section, a motor vehicle, including a truck or trailer, with a manufacturer’s gross vehicle
weight rating (GVWR) of 26,000 pounds or less.
a. The motor vehicle described in this paragraph may be owned by an individual or an artificial entity, including a corporation,
company, association, firm, partnership, society, or joint-stock company.
b. A truck that qualifies to register for the International Registration Plan (IRP), individually, or as part of a combination of
vehicles, as defined § 101 of this title, may not be issued a special plate under this section.
(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $50, which includes an administrative fee
of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for all persons applying
for a special plate pursuant to this section, including members of nonprofit organizations, even if members are exempt from registration
fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division, which shall cover
the cost of the plate.
(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used by
the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section. Proceeds remaining after
the Division of Motor Vehicles has covered the costs of promoting and administering this section shall be applied pursuant to subsection
(e) of this section.
(e) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to
subsection (d) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set
aside and deposited with the Autism Delaware, Inc. for its deposit in the Autism Awareness and Acceptance Fund.
(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Autism Delaware, Inc. The
numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. The committee may, at its discretion,
drop the wording “The First State” and substitute in place thereof the wording “Autism Awareness” or “Autism Acceptance”. The Division
of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.
(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(83 Del. Laws, c. 192, § 1.)
§ 2140J. Special registration plates for suicide prevention, awareness, and support.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for a special
“Suicide Prevention, Awareness, and Support” registration plate. The Division shall issue the plate once the required number of
applications is received.
(b) This section applies to:
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(1) A private passenger vehicle; or
(2) Subject to paragraph (b)(2)b. of this section, a motor vehicle, including a truck or trailer, with a manufacturer’s gross vehicle
weight rating (GVWR) of 26,000 pounds or less.
a. The motor vehicle described in this paragraph may be owned by an individual or an artificial entity, including a corporation,
company, association, firm, partnership, society, or joint-stock company.
b. A truck that qualifies to register for the International Registration Plan (IRP), individually, or as part of a combination of
vehicles, as defined § 101 of this title, may not be issued a special plate under this section.
(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $50, which includes an administrative fee
of $15, is required in addition to the annual registration fee required by this title. This additional fee is required for all persons applying
for a special plate pursuant to this section, including members of nonprofit organizations, even if members are exempt from registration
fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division, which shall cover
the cost of the plate.
(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used by
the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section. Proceeds remaining after
the Division of Motor Vehicles has covered the costs of promoting and administering this section shall be applied pursuant to subsection
(e) of this section.
(e) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to
subsection (d) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set
aside for the American Foundation for Suicide Prevention.
(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Division of Motor
Vehicles and the suicide prevention, awareness, and support organization. The numbers and/or letters assigned will be the same as the
current license plate assigned to the vehicle. The committee may, at its discretion, drop the wording “The First State” and substitute in
place thereof the wording “ Suicide Prevention, Awareness, and Support” or “Suicide Prevention” . The Division of Motor Vehicles shall
have the power to refuse any design which it believes would cause a public safety enforcement problem.
(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(83 Del. Laws, c. 369, § 1.)
§ 2140K. Special license plate for atTAcK addiction.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for a special
“atTAcK addiction” registration plate.
(b) This section applies to:
(1) A private passenger vehicle;
(2) A truck with a ¾-ton or less manufacturer’s rated capacity; or
(3) A van with a ¾-ton or less manufacturer’s rated capacity.
(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time administrative fee of $10 is required in addition
to the annual registration fee required by this title. The additional fee is required for members of nonprofit organizations even if the
members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee set
by the Division of Motor Vehicles to cover the cost of the plate.
(d) The 1-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used by
the Division of Motor Vehicles for administrative costs and promoting the sale of the plate.
(e) The Division shall reserve sufficient license plates starting with the prefix “WE” and numbered consecutively beginning with the
numeral “2” as required for this section.
(f) All registration plates issued pursuant to this section shall be the colors and design of blue/gold with the organization logo placed
to the left side of the plate and Delaware listed at the top or bottom of the plate as determined by the Division of Motor Vehicles in
conjunction with the atTAcK addiction organization. The Division of Motor Vehicles shall have the power to refuse any design which
it believes would cause a public safety enforcement problem.
(g) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
(83 Del. Laws, c. 397, § 1.)
Subchapter III
Inspection of Vehicles
§ 2141. Inspection places.
The Department shall provide and maintain 1 or more places in each county together with such facilities and such number of qualified
inspectors as may be required for registration and inspection purposes.
(36 Del. Laws, c. 10, § 24; Code 1935, § 5562; 43 Del. Laws, c. 244, § 13; 21 Del. C. 1953, § 2141.)
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§ 2142. Purpose of inspections.
Inspection shall be for the purpose of determining whether a vehicle is in a safe and fit condition to be operated upon the highways of
the State, and whether it is equipped in the manner provided by law.
(36 Del. Laws, c. 10, § 24; Code 1935, § 5562; 43 Del. Laws, c. 244, § 13; 21 Del. C. 1953, § 2142.)
§ 2143. Inspection of motor vehicle before registration; exception; vehicles outside State.
(a) Before the Department registers, renews the registration of or reregisters a motor vehicle required to be registered under this title,
such vehicle shall first be inspected by the Department and determined to be safe and fit for operation and found equipped according to law.
The Department may waive all inspection requirements with respect to the registration of new motor vehicles and the initial registration
or renewal of vehicles no older than 7 model years. Upon application, subject to approval by the Secretary, the Department may assign
to a motor vehicle dealer the authority to perform safety and vehicle identification number (VIN) inspections on motor vehicles, 7 model
years old or newer, as such inspections relate to the motor vehicle’s registration or reregistration, provided that the motor vehicle is owned
by that motor vehicle dealer and such inspection occurs at a motor vehicle dealer facility.
(b) Upon application, subject to approval by the Secretary, the Department may waive such inspection requirements with respect to
the renewal of registration of a vehicle registered in this State which is not in this State at the time the inspection is required, provided
that an out of state inspection, certified on forms prescribed by the Secretary, is submitted to the Department. It shall be the duty of the
owner of any vehicle so inspected to submit such vehicle for inspection by the Department within 10 days after the date the vehicle is
returned to this State.
(c) Upon application, subject to the approval by the Secretary, the Department may waive such registration requirements with respect
to new or used motor vehicles where a fleet account is involved. A fleet account shall consist of 15 or more vehicles. The inspection
requirements may be waived provided there are adequate inspection and repair facilities at the fleet headquarters. Such fleet account
waiver shall not apply to fleets of school buses which transport pupils of any public, parochial or private school of the State.
(d) The Department shall waive the requirement for inspection for those small trailers with a gross weight of vehicle and load of 4,000
pounds or less, which are not required to be equipped with brakes.
(e) The Department shall waive the requirement for inspection for fire trucks, fire engines, rescue trucks, ladder trucks, tank trucks,
tank trailers and ambulances which are used by fire companies, and volunteer ambulance and rescue services in this State; provided, that
at the time of the renewal of registrations for these vehicles, the principal officer of such company shall present a certification that each
vehicle has been inspected by the officer or the officer’s designee and that it is safe to operate on the streets and highways and equipped
according to law. The waiver shall not apply to passenger cars owned or used by fire companies.
(f) The Department shall waive the requirement for inspection for all vehicles or motor vehicles registered under the International
Registration Plan pursuant to Chapter 4 of this title. The Department may adopt rules and/or procedures to implement this subsection.
(36 Del. Laws, c. 10, § 24; 37 Del. Laws, c. 10, § 7; Code 1935, § 5562; 43 Del. Laws, c. 244, § 13; 21 Del. C. 1953, § 2143; 53
Del. Laws, c. 6; 55 Del. Laws, c. 273; 56 Del. Laws, c. 392, § 1; 57 Del. Laws, c. 670, § 8A; 60 Del. Laws, c. 442, § 1; 64 Del.
Laws, c. 260, § 1; 66 Del. Laws, c. 98, § 1; 70 Del. Laws, c. 28, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 18, § 4; 78 Del.
Laws, c. 82, § 1; 79 Del. Laws, c. 252, § 1; 81 Del. Laws, c. 184, § 3.)
§ 2144. Other inspections; procedure; duty of owner.
(a) At any time and notwithstanding the possession of current registration plates, as provided by this title, the Secretary, or any authorized
agent of the Department or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit
such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle
is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a
written notice to the driver and shall send a copy thereof to the Department. The notice shall require that such vehicle and its equipment be
placed in safe condition and in proper repair and adjustment and/or that proper equipment be obtained, and that a certificate of inspection
and approval for such vehicle be obtained within 5 days thereafter.
(b) Every owner or driver upon receiving the notice prescribed in subsection (a) of this section shall comply therewith and shall, within
the 5-day period, secure an endorsement upon such notice by an inspector of the Department that such vehicle is in safe condition and
properly equipped and its equipment in proper repair and adjustment and shall then forward the notice to the Department. No person shall
operate any such vehicle after receiving a notice with reference thereto as above provided, except as may be necessary to return such
vehicle to the residence or the place of business of the owner or driver if within a distance of 20 miles or to a garage until the vehicle and
its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this title.
(36 Del. Laws, c. 10, § 24; 40 Del. Laws, c. 38, § 9; Code 1935, § 5562; 43 Del. Laws, c. 244, § 13; 21 Del. C. 1953, § 2144; 57
Del. Laws, c. 670, § 8A; 67 Del. Laws, c. 95, § 1.)
§ 2145. School bus inspection.
All school buses which transport pupils of any public, parochial or private school of this State shall receive a special inspection twice
yearly at such time and place as specified by Department regulations. At such inspection each school bus shall be inspected by the
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Department to determine if it is safe and fit for operation and properly equipped, and a special check shall be accomplished with respect
to specific school bus safety features in accordance with the rules and regulations adopted by the Department.
(21 Del. C. 1953, § 2145; 56 Del. Laws, c. 393, § 1.)
§ 2146. Regulation of vehicular flow through inspection places.
The Department shall adopt and enforce by July 1, 1969, such administrative rules and regulations as may be necessary to insure an
even distribution of vehicular inspections at the inspection places in each county on a monthly basis.
(21 Del. C. 1953, § 2146; 56 Del. Laws, c. 437, § 1.)
§ 2147. Reconstructed motor vehicles.
(a) Any motor vehicle that is more than 25 years old with a title brand of “reconstructed” that does not qualify to be registered as an
antique motor vehicle under this chapter shall be exempt from emissions testing by the Division of Motor Vehicles. The vehicle must
continue to meet and be inspected for safety and anti-tampering requirements for its model year.
(b) A vehicle exempt from emissions testing as set forth in subsection (a) of this section shall only be used for participation in club
activities, exhibits, tours, parades, and similar uses, but in no event shall it be used for general transportation or 1,000 miles per year.
(c) Vehicles exempted under subsection (a) of this section shall provide a self-certification that the vehicle had not traveled in excess
of the mileage allowed under subsection (b) of this section. If this certification is not submitted or the vehicle had traveled in excess of
the mileage allowed, the vehicle will be deemed no longer eligible for the exemption.
(79 Del. Laws, c. 242, § 1.)
Subchapter IV
Fees
§ 2151. Fee schedule; time of payment.
At the time of application for the registration of a motor vehicle and prior to the issuance of the current registration plates required by
this title, there shall be paid to the Department registration fees according to the following schedule:
(1) For the registration of any motorcycle, $15 per year;
(2) For the registration of each motor vehicle commonly used for pleasure or for the chief purpose of carrying persons (except motor
vehicles commonly known as passenger buses) and including station wagons, $40 per year;
(3) For the registration of other motor vehicles, including those propelled by diesel engines, $40 per year if the gross load weight
does not exceed 5,000 pounds, and an additional $18 per year for each 1,000 pounds or fraction thereof over and above 5,000 pounds.
The gross load weight shall be the weight of the chassis, body, equipment and maximum allowable load as specified by the application;
(4) Such vehicles as are authorized to operate or to be moved as provided by § 4504 of this title shall be registered in the same
manner as other vehicles. The fee for such registration shall be at the same rate required for trucks and semitrailers;
(5) For the registration of any recreational vehicle or recreational trailer, the fee shall be $40 per year if the gross load weight of
the vehicle or trailer does not exceed 5,000 pounds, and in the event the gross load weight exceeds 5,000 pounds, $6.40 per year for
each 1,000 pounds or fraction thereof over and above 5,000 pounds. The gross load weight shall be the weight of the chassis, body,
equipment and maximum allowable load as specified by the application;
(6) A fee of $20, in addition to the registration fee, shall be imposed at the time of renewal of registration of a motor vehicle or
semitrailer if the Delaware registration has expired. This fee shall not be imposed if the registration has expired over 12 months or if
a permit has been purchased for the vehicle pursuant to § 2103 of this title. The fee shall not be imposed if a transfer of ownership on
the vehicle has taken place or if the motor vehicle or trailer has been inspected prior to the expiration of registration;
(7) Of each of the motorcycle registration fees collected pursuant to paragraph (1) of this section the sum of $4.00 per year is
appropriated to the Department of Transportation and shall be placed in a special account to be used only for the expenses incurred in
the administration of the motorcycle rider education program and improved motorcycle licensing procedures;
(8) For the registration of motor farm trucks owned and used exclusively by farmers who derive at least $1,000 of their annual income
from the operation of their farm and they own or rent at least 10 acres which are actively used in the farming operation from which they
derive that income, the fee shall be $40 per year if the gross load weight does not exceed 5,000 pounds, and an additional $3.80 per year
for each 1,000 pounds or fraction thereof over and above 5,000 pounds. The gross load weight shall be as calculated in paragraph (3)
of this section, but in no case shall the required fee for motor vehicles, except trailers, under this paragraph be less than $40 per year;
(9) For the registration of farm motor vehicles, farm vehicles, or farm trailers owned and used exclusively by farmers who derive
at least $1,000 of their annual income from the operation of their farm and they own or rent at least 10 acres which are actively used
in the farming operation from which they derive that income and are operated or towed within a 20-mile radius of a farm owned or
managed by the owner of the vehicle or trailer, there shall be a onetime fee of $10;
(10) For the registration of trailers with a gross weight of 1,000 pounds or less the fee shall be $15 per year; if a trailer’s gross load
weight exceeds 1,000 pounds there shall be an additional fee of $5.00 per year for each 1,000 pounds or fraction thereof over and above
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the 1,000 pounds up to a maximum of 2,000 pounds. The fee for the registration of trailers with a gross weight exceeding 2,000 pounds
shall be as provided in paragraph (3) of this section.
(11) The Secretary of the Department of Transportation in conjunction with the Secretary of the Department of Agriculture shall
promulgate such regulations as they shall deem necessary for the administration and implementation of this section.
(36 Del. Laws, c. 10, § 26; 37 Del. Laws, c. 10, § 8; 38 Del. Laws, c. 27, §§ 1, 2; 40 Del. Laws, c. 38, § 1; Code 1935, § 5564;
45 Del. Laws, c. 287, § 2; 46 Del. Laws, c. 123; 47 Del. Laws, c. 17, § 2; 47 Del. Laws, c. 159; 47 Del. Laws, c. 255, § 3; 47 Del.
Laws, c. 332; 48 Del. Laws, c. 62, §§ 1, 2; 21 Del. C. 1953, § 2151; 49 Del. Laws, c. 360; 53 Del. Laws, c. 221, §§ 3, 4; 55 Del.
Laws, c. 156, § 2; 55 Del. Laws, c. 176; 58 Del. Laws, c. 363; 59 Del. Laws, c. 57, § 3; 62 Del. Laws, c. 233, § 1; 62 Del. Laws,
c. 337, § 1; 64 Del. Laws, c. 207, § 3; 65 Del. Laws, c. 27, §§ 3, 4; 67 Del. Laws, c. 260, § 1; 67 Del. Laws, c. 411, §§ 5-9; 68
Del. Laws, c. 156, §§ 56(a)-(d), (g), 59(a); 69 Del. Laws, c. 77, §§ 59, 60; 69 Del. Laws, c. 217, § 3; 74 Del. Laws, c. 110, § 44;
74 Del. Laws, c. 166, § 2; 74 Del. Laws, c. 383, § 2; 76 Del. Laws, c. 76, §§ 5-10; 79 Del. Laws, c. 210, § 2; 80 Del. Laws, c. 77,
§ 6.)
§ 2152. Optional provision for tractor trailer units.
(a) The owner of every pickup truck, truck or truck tractor which is used to pull a semitrailer may elect to have the total gross load
weight of the pickup truck, truck or truck tractor and semitrailer assessed against the pickup truck, truck or truck tractor and to pay the
fees set forth in § 2151(3) of this title by filing with the Department an election form as provided by the Secretary.
(b) Upon election to have the total gross load weight assessed pursuant to subsection (a) of this section, an owner may have not more
than 3 semitrailers, as designated by the owner, registered upon the payment of a $40 per year fee for each designated semitrailer. No
other fee for registration of the semitrailer shall be required.
(c) The Secretary shall promulgate such rules and regulations as may be necessary to effectuate this section.
(21 Del. C. 1953, § 2151A; 55 Del. Laws, c. 176; 57 Del. Laws, c. 670, § 8A; 60 Del. Laws, c. 192, § 1; 62 Del. Laws, c. 388, § 1;
67 Del. Laws, c. 411, § 10; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 76, § 11.)
§ 2153. Fee for manufacturers’, transporters’, automotive recyclers’ and dealers’ plates.
Manufacturers, transporters, automotive recyclers and dealers who qualify under this chapter for special number plates shall pay to
the Department for each calendar year $10 for each set of special plates. These special number plates may be issued for 1 or 2 years at
a fee of $10 per plate for each year.
(36 Del. Laws, c. 10, § 26; 38 Del. Laws, c. 27, §§ 1, 2; 40 Del. Laws, c. 38, § 1; Code 1935, § 5564; 45 Del. Laws, c. 287, § 2;
21 Del. C. 1953, § 2152; 53 Del. Laws, c. 221, § 5; 65 Del. Laws, c. 318, § 3; 67 Del. Laws, c. 411, § 11.)
§ 2154. Special number plates for towed stock cars and other motor vehicles.
(a) An owner of a stock car of the type used for racing may apply to the Department, upon appropriate forms provided by the Department,
for a special plate which shall be displayed on the stock car when it is being towed upon the highways.
(b) A person whose business involves towing motor vehicles upon the highways may apply to the Department, upon appropriate forms
provided by the Department, for a special plate or plates, which shall be displayed on motor vehicle(s) when being towed upon the
highways by such person in the course of such person’s business.
(c) Special plates issued pursuant to this section shall not be displayed on trailers, construction vehicles or vehicles being operated
under their own power.
(d) Special plates issued pursuant to this section shall contain the words “towed vehicle” which shall distinguish them from other plates
issued under this chapter.
(e) Special plates issued pursuant to this section shall not be assigned to a particular vehicle and may be used by the applicant on any
towed vehicle except those vehicles excluded under subsection (c) of this section.
(f) The fee for each special plate issued pursuant to this section is $10 per year. The plate may be originally issued or renewed for 1
or 2 years, and shall expire at midnight on December 31 of the year of expiration.
(g) [Repealed.]
(36 Del. Laws, c. 10, § 26; Code 1935, § 5564; 45 Del. Laws, c. 287, § 2; 21 Del. C. 1953, § 2153; 49 Del. Laws, c. 71; 64 Del.
Laws, c. 367, § 1; 67 Del. Laws, c. 411, § 12; 70 Del. Laws, c. 186, § 1.)
§ 2155. Fees for half-year and quarter-year registration.
The registration fees for vehicles provided by this chapter shall be for a period of 12 months, but if the vehicle is registered or the
registration renewed for a 6-month period, the applicant shall pay to the Department 1/2 of the annual registration fee and an additional
fee of $1.00. If the registration is renewed for a 3-month period, the applicant shall pay to the Department 1/4 of the annual registration
fee and an additional fee of $1.00. A renewal of a registration for a 3-month period shall be permitted only for a motor vehicle which
has a gross registered weight of 18,000 pounds or more.
(36 Del. Laws, c. 10, § 26; Code 1935, § 5564; 45 Del. Laws, c. 287, § 2; 21 Del. C. 1953, § 2154; 64 Del. Laws, c. 466, § 8.)
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§ 2156. Fee for convertible vehicles, station wagons and suburbans; gross load weight of buses.
(a) The registration fee for all convertible vehicles shall be ascertained upon the basis of the vehicle’s gross load weight. It shall be
determined which is the greater, the gross load weight as a carrier of persons or the gross load weight as the carrier of property, and the
greater gross load weight shall be the basis for calculating the required registration fees. The fee for all station wagons shall be the same
as for vehicles used for pleasure as provided in § 2151 of this title.
(b) The gross load weight of buses used for carrying persons shall be ascertained by multiplying the maximum number of persons the
vehicle is provided to carry by 150 pounds and adding the result thereby obtained to the weight of the vehicle as specified in the application.
(36 Del. Laws, c. 10, § 26; 38 Del. Laws, c. 27, §§ 1, 2; 40 Del. Laws, c. 38, § 1; Code 1935, § 5564; 45 Del. Laws, c. 287, § 2;
21 Del. C. 1953, § 2155; 49 Del. Laws, c. 14, § 1; 55 Del. Laws, c. 156, § 3; 71 Del. Laws, c. 20, § 2; 74 Del. Laws, c. 166, § 3.)
§ 2157. Credit for registration fee on destroyed vehicle.
Whenever the Department is furnished with satisfactory evidence of the destruction of a motor vehicle, either complete or to such an
extent as to render it impossible to operate such vehicle as a motor vehicle during the period for which it has been registered, and if the
owner thereof desires to register another motor vehicle during the period for which such destroyed motor vehicle was registered, such
owner shall be entitled to a credit on the new registration fee of the unexpired portion of the registration fee of the destroyed motor vehicle
from the date of the new registration.
(36 Del. Laws, c. 10, § 26; Code 1935, § 5564; 45 Del. Laws, c. 287, § 2; 21 Del. C. 1953, § 2156; 62 Del. Laws, c. 190, § 7.)
§ 2158. Fee for duplicate certificate of registration, registration plate or validation sticker.
(a) The fee for a duplicate certificate of registration shall be $10.
(b) The fee for a duplicate registration plate shall be $5.00.
(c) The fee for a duplicate registration validation sticker shall be $5.00.
(36 Del. Laws, c. 10, § 26; Code 1935, § 5564; 45 Del. Laws, c. 287, § 2; 46 Del. Laws, c. 80, § 1; 47 Del. Laws, c. 121; 48 Del.
Laws, c. 47; 21 Del. C. 1953, § 2157; 53 Del. Laws, c. 221, §§ 6, 7; 65 Del. Laws, c. 178, § 2; 80 Del. Laws, c. 77, §§ 11, 12.)
§ 2159. Motor vehicles exempt from registration fees; plates for ambulances and fire and rescue trucks.
(a) The following motor vehicles shall be registered but shall be exempt from the payment of registration fees:
(1) All motor vehicles of the State or any governmental agency thereof, including school buses owned by private contractors holding
valid pupil transportation contracts with a school district or with the State Board of Education, or of any fire department, fire engine
company, police department or any county or incorporated city or town thereof, used exclusively in the performance of the principal’s,
official’s, employee’s or agent’s respective functions or duties;
(2) All motor ambulances owned and used by any agency in this State for charitable purposes or for the benefit of any hospital or
hospitals in this State;
(3) All motor vehicles owned by any veteran’s organization and used by such organization in charitable or public welfare work;
(4) All motor vehicles owned and used by the Delaware Civil Air Patrol (CAP) registered in this State and used by such organization
for its respective functions or duties;
(5) All motor vehicles owned by the American Red Cross and used by such organization in charitable or public welfare work;
(6) All motor vehicles owned by the Salvation Army and used by such organization in charitable or public welfare work;
(7) All motor vehicles owned by any organization exempt from tax under § 501(c)(3) of the Internal Revenue Code [26 U.S.C. §
501(c)(3)] and used by such organization in charitable or public welfare work;
(8) All motor vehicles owned by a nonprofit educational foundation organized to promote instructional effectiveness and educational
achievement.
The Secretary shall furnish, without cost, certain number and registration plates for all such vehicles, of such design as will distinguish
them from other plates for which fees are paid. Number and registration plates for certain motor vehicles of the fire departments and fire
companies of this State shall have such design and bear such numbers, words and letters as are provided in subsection (b) of this section.
Nothing herein contained shall be construed as exempting such vehicles from the requirement of inspection.
(b) Number and registration plates furnished by the Secretary to fire departments and fire companies of this State for ambulances, fire
trucks and rescue trucks shall have displayed thereon:
(1) The capital letter “A” followed by the fire station or fire company number for ambulance plates;
(2) The capital letter “FD” followed by the fire station or fire company number for fire truck plates; and
(3) The capital letter “R” followed by the fire station or fire company number for rescue truck plates.
In addition, such plates shall have displayed thereon the word “Delaware,” the words “THE FIRST STATE,” the expiration date of
the plates, the vehicle number assigned to the vehicle by the fire company, department or other proper official or organization and red
letters on white background.
(36 Del. Laws, c. 11; Code 1915, § 236A; 36 Del. Laws, c. 10, § 27; Code 1935, § 5565; 43 Del. Laws, c. 244, § 16; 21 Del. C.
1953, § 2158; 57 Del. Laws, c. 342, §§ 1-3; 57 Del. Laws, c. 670, § 8A; 58 Del. Laws, c. 36; 65 Del. Laws, c. 262, § 1; 65 Del.
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Laws, c. 348, § 258; 66 Del. Laws, c. 41, § 1; 66 Del. Laws, c. 271, §§ 1, 2; 67 Del. Laws, c. 46, § 50(a); 75 Del. Laws, c. 33, §
1.)
§ 2160. Optional 7-year registration plates for trailers.
(a) The owner of a fleet of trailers, meeting the requirements specified under § 2143(c) of this title, may elect to register such trailers
for a 7-year period, by making application to the Department in accordance with this section.
(b) The application shall be made on a form and contain information as prescribed by the Secretary. Upon payment of the required
fees and upon meeting other requirements prescribed by the Secretary, there shall be issued, to each vehicle for which application has
been made, a registration plate and validation sticker which shall be valid for 7 years, provided that all requirements of this section are
complied with.
(c) At the time application for registration or renewal of registration is made under this section, the applicant shall pay all fees required
under this title for the first year of the 7-year plate. The applicant shall submit acceptable evidence of a surety bond in a form and with
a surety approved by the Secretary and in an amount equal to the total registration fees required for all vehicles registered pursuant to
this section to the applicant for the remaining 6 years.
(d) The owner is required to pay all registration renewal fees for vehicles registered pursuant to this section on an annual basis prior
to the expiration date of such registrations.
(e) The Secretary may adopt rules and regulations necessary for the administration and enforcement of this section.
(60 Del. Laws, c. 294, § 1; 81 Del. Laws, c. 184, § 4.)
§ 2160A. Issuance of vehicle registration expiration notice upon request.
Upon request by a vehicle owner, the Department shall mail a vehicle registration expiration notice 40 days prior to the expiration
of the registration for the vehicle. A minimum fee of $1.00 per notice to cover the cost of this service shall be paid to the Department
at the time the request is made. The amount of the fee shall be revised annually by the Department pursuant to § 6531 of Title 29 to
reflect the true cost of this service.
(60 Del. Laws, c. 381, § 1.)
Subchapter V
Refusal or Cancellation of Registration; Appeals
§ 2161. Grounds for refusal to grant registration.
The Department shall not grant an application for the registration of a motor vehicle when:
(1) The applicant is not entitled thereto under this title;
(2) The applicant has neglected or refused to furnish the Department with the information required in the appropriate official form
or to give reasonable additional information required by the Department;
(3) Fees required therefor by law have not been paid;
(4) The vehicle is in an unsafe and unfit condition to be operated upon the highways of this State and when it is not equipped in
the manner provided by law.
(36 Del. Laws, c. 10, § 23; 38 Del. Laws, c. 29, § 1; Code 1935, § 5561; 43 Del. Laws, c. 244, § 12; 21 Del. C. 1953, § 2161.)
§ 2162. Rescission, cancellation or suspension of registration.
(a) The Department shall rescind, cancel or suspend the registration of a motor vehicle whenever the person to whom the registration
card or registration or number plates therefor have been issued makes or permits to be made any unlawful use of the card or plates or
permits the use thereof by a person not entitled thereto.
(b) The Department shall rescind, cancel or suspend the registration of any motor vehicle if it is determined by the Department that
such motor vehicle should not have been registered in this State or that the person to whom the registration card or registration or number
plates therefor have been issued is not the owner of the vehicle or that such person has made or permitted to be made illegal use of the
motor vehicle.
(c) The Department shall rescind, cancel or suspend the registration of any motor vehicle and shall rescind, cancel, or suspend and shall
take up the current registration plates of any motor vehicle which is determined by the Department at any time, upon inspection pursuant
to this chapter, to be unsafe or unfit to be operated or to be not equipped as required by law.
(d) The Department shall rescind, cancel or suspend the registration of a commercial motor vehicle if the commercial motor carrier
responsible for its safety has been prohibited from operating by a federal agency.
(36 Del. Laws, c. 10, § 24; 38 Del. Laws, c. 29, § 2; Code 1935, § 5562; 43 Del. Laws, c. 244, § 13; 21 Del. C. 1953, § 2162; 76
Del. Laws, c. 116, § 1.)
§ 2163. Appeal from decision of Department.
An appeal to the Superior Court of the county wherein the registrant resides may be taken from any decision of the Department refusing,
rescinding, cancelling or suspending the registration of any motor vehicle.
(36 Del. Laws, c. 10, § 24; 38 Del. Laws, c. 29, § 2; Code 1935, § 5562; 43 Del. Laws, c. 244, § 13; 21 Del. C. 1953, § 2163.)
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§ 2164. Registration and inspection of motor vehicles of disabled veterans.
Any motor vehicle owned by a veteran with a disability who shall ever have been eligible for certain benefits under 38 U.S.C. § 1901
et seq. or Public Law 538, 93rd Congress shall be registered, but shall be exempt from the payment of registration fees; provided that
such exemption shall be limited to 1 automobile per eligible veteran at any 1 time. The Secretary shall furnish, without cost, number and
registration plates for all such vehicles of such design as will distinguish them from other plates for which fees are paid. Nothing herein
contained shall be construed as exempting such vehicles from the requirement of inspection.
(21 Del. C. 1953, § 2164; 57 Del. Laws, c. 413; 60 Del. Laws, c. 557, § 1; 63 Del. Laws, c. 361, § 1; 79 Del. Laws, c. 371, § 16.)
Subchapter VI
Taxicabs and Limousines
§ 2171. Operation of unregistered taxicab or limousine; exception.
No person shall drive or move, nor shall any person, being the owner of a taxicab or limousine, knowingly permit to be driven or moved
upon any highway, any taxicab or limousine which is not registered as a taxicab or limousine and for which a certificate of title has not
been issued or applied for, or for which current taxicab or limousine registration plates have not been issued, as provided in this title, or
for which the appropriate fees have not been paid when and as required by this chapter, except that when application accompanied by
the proper fee has been made for taxicab or limousine registration and certificate of title for a vehicle, it may be operated temporarily
pending complete registration upon displaying a duplicate application duly verified or other evidence of such application, or otherwise
under rules and regulations promulgated by the Department.
(Code 1935, § 5719a; 46 Del. Laws, c. 270, § 1; 21 Del. C. 1953, § 2171; 49 Del. Laws, c. 220, § 22; 62 Del. Laws, c. 354, § 1;
77 Del. Laws, c. 141, § 10.)
§ 2172. Number plates.
(a) The Department shall furnish for each vehicle registered as a taxicab or limousine 1 number plate as hereinafter provided. Upon
the termination of the lawful use of any such plates, they shall be returned to the Department.
(b) The number plate shall have displayed thereon the taxicab or limousine registration number assigned to the vehicle and the name
of this State, which may be abbreviated. Each number plate shall bear a distinctive word, letter or marking which shall be designated by
the Department for the purpose of identifying taxicabs and limousines.
(Code 1935, § 5719g; 46 Del. Laws, c. 270, § 1; 21 Del. C. 1953, § 2179; 62 Del. Laws, c. 354, § 1; 77 Del. Laws, c. 141, §§ 11,
12.)
§ 2173. Marking of taxicabs.
Every motor vehicle which is at any time used as a taxicab or which is intended to be used as a taxicab on any highway shall have
painted thereupon in distinctive color and shall at all times bear the word “TAXI,” in letters having height of at least 4 inches and a width
of at least 1 inch. The word “TAXI” shall appear on the front and rear of the body of the taxicab, and shall be so located that it shall
be plainly visible from a height of 4 feet.
(Code 1935, § 5719i; 46 Del. Laws, c. 270, § 1; 21 Del. C. 1953, § 2182; 62 Del. Laws, c. 354, § 1.)
§ 2174. Penalties.
Whoever violates this subchapter shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like
offense, such person shall be fined not less than $100 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both.
(Code 1935, § 5719hh; 46 Del. Laws, c. 270, § 1; 21 Del. C. 1953, § 2194; 62 Del. Laws, c. 354, § 1; 65 Del. Laws, c. 503, § 9;
70 Del. Laws, c. 186, § 1.)
Subchapter VII
Antique Motor Vehicles
§ 2196. Special antique motor vehicle plates.
(a) Upon application, the Department may furnish to the owner of a registered antique motor vehicle a special antique motor vehicle
plate to be displayed on such antique motor vehicle. This special plate shall be issued in addition to the plate already issued for such
vehicle under this chapter.
(b) The term “antique motor vehicle” includes every automobile, truck, motorcycle or other motor vehicle, but not a reproduction
thereof, manufactured more than 25 years prior to the current year, which has been maintained in or restored to a condition which is
substantially in conformity with manufacturer’s specifications. A vehicle which has undergone substantial alterations from its original
specifications and appearance, or has had its horsepower or dimensions changed, shall not be eligible for an antique license plate pursuant
to this section.
(c) Any antique motor vehicle, registered pursuant to this section, shall be used only for participation in club activities, exhibits, tours,
parades and similar uses, but in no event shall it be used for general transportation.
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(d) Such special antique motor vehicle license plate shall be issued for a fee of $25 and shall be valid without further payment of a
renewal fee as long as the vehicle is in existence and is owned by the same person. This fee shall be in addition to the vehicle document
fee, title fee or other fees required by this title.
(e) In the event of a transfer of ownership of an antique motor vehicle registered with a special plate pursuant to this section, the
transferor shall surrender the special plate to the Department.
(21 Del. C. 1953, § 2196; 50 Del. Laws, c. 283, § 1; 57 Del. Laws, c. 670, §§ 8A-8C; 62 Del. Laws, c. 206, § 1; 64 Del. Laws, c.
364, § 1; 72 Del. Laws, c. 336, § 2.)
§ 2197. Street rods.
(a) If any modified antique motor vehicle manufactured more than 25 years prior to the current year, hereinafter referred to as a “street
rod,” is duly registered in the State, the owner of such street rod may apply to the Secretary of the Department of Transportation, on
special application forms prescribed by the Secretary, for a special street rod motor vehicle plate, to be displayed on such street rod in
lieu of the standard vehicle registration plate.
(b) Any street rod, registered pursuant to this section, shall be used only for participation in club activities, exhibits, tours, parades and
similar uses, but in no event shall it be used for general transportation.
(c) Upon receipt of an application for a special street rod motor vehicle plate on a form prescribed by the Secretary, the Secretary shall
issue to such applicant a special street rod motor vehicle plate on a permanent basis, and it shall bear the inscription “STREET ROD”
with yellow letters on a blue background. In addition, such plates shall have displayed thereon the word “DELAWARE,” the words “THE
FIRST STATE,” the expiration date of the plates and the vehicle number assigned to the vehicle by the Secretary. This special plate
shall be issued for the applicant’s use only for such motor vehicle, and in the event of a transfer of title, the transferor shall surrender
the special plate to the Secretary.
(d) Upon approval of the application the Secretary shall assess the applicant an initial fee of $25, in addition to the registration fee
levied under this chapter. The special plate shall be renewed upon payment of the registration fee levied under this chapter.
(e) A “street rod” shall mean a vehicle, the body and frame of which were manufactured more than 25 years prior to the current year
and which has been modified for safe road use, or a kit car which resembles that of an original vehicle manufactured more than 25 years
prior to the current year and has also been modified for safe road use. For the purposes of this section “modified” means, but is not limited
to, a substantial and material alteration, or replacement of the engine, drive-train, suspension or brake system or alteration of the body
which may be chopped, channeled, sectioned, filled or otherwise changed dimensionally from the original manufactured body.
(f) Street rod requirements:
(1) Door latches. — Every street rod that is equipped with doors leading directly into a compartment that contains 1 or more seating
accommodations shall be equipped with mechanically or electrically activated door latches which firmly and automatically secure the
door when pushed closed and which allow each door to be opened from the inside by the activation of a convenient lever handle or
other suitable device.
(2) Glazing. — Every street rod shall be equipped with a laminated safety glass windshield that complies with the provisions appearing
in the current ANSI Z26.1 Standard, AS1 or AS10. The windshield shall be in such a position that it affords continuous horizontal
frontal protection to the driver and front seat occupants.
The minimum vertical height of the windshield glass shall be not less than 7 inches, or as originally equipped by a recognized
manufacturer.
a. Side and rear glass. — These items are not required, but if they are present, they must comply with the provisions of current
ANSI Z26.1 Standard. (AS1, AS2, AS4, AS6, AS10, or AS11.)
b. Window tinting. — Shall be allowed only as permitted in Delaware Motor Vehicle Regulations, § 4313 of this title and [former]
Division of Motor Vehicles Policy Regulation number 76 [see now 2 DE Admin. Code § 2277].
(3) Hood latches. — A front opening hood should be equipped with a primary and a secondary latching system to hold in a closed
position.
(4) Hood. — a. Hoods on street rods shall be optional, but if the hood, top and/or sides are removed from the vehicle, the fan must be
enclosed within a shroud of substantial rigid material to prohibit anyone from inadvertently being injured and to prevent the fan from
flying up from the engine compartment should it become loose.
b. Protrusions from engine compartment shall be no more than 6 inches above the highest point of the hood, or when the hood has
been removed 6 inches above the highest point of the hood’s normal location.
(5) Instrumentation & controls. — a. Speedometer. — Every street rod shall be equipped with an operating speedometer calibrated
to indicate “miles per hour.”
b. Odometer. — Every street rod shall be equipped with an operating odometer calibrated to indicate “total miles driven.”
c. Steering wheel. — Every street rod shall be equipped with a circular steering wheel with an outside diameter of not less than
13 inches.
(6) Rear view mirror. — Every street rod shall be equipped with 2 rear view mirrors, each providing a clear field of vision 200
feet to the rear.
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Title 21 - Motor Vehicles
One shall be mounted on the inside of the vehicle in such a position that it affords the driver a clear view to the rear. The other shall
be mounted on the outside of the vehicle on the driver’s side in such a position that it affords the driver a clear view to the rear. When
an inside mirror does not give a clear view to the rear due to window tint or other obstructions, a right-hand outside mirror shall be
required in lieu thereof. The mirror mounting shall provide for mirror adjustment by tilting in both horizontal and vertical directions.
(7) Seat belts. — Every street rod shall be equipped with a safety belt system for each occupant of the vehicle. Any such safety belt
system must at a minimum be a Type 1 (lap belt) and must meet Federal Motor Vehicle Safety Standard 209. All safety belts systems
shall be securely anchored to the body or frame.
(8) Windshield wipers. — Every street rod shall be equipped with at least 1 windshield wiper installed in a position which effectively
clears the windshield area directly in front of the driver. The operation of the windshield wiper shall be controlled by the driver from
within the vehicle and shall be electrically or vacuum-operated.
(9) Accelerator control system. — Every street rod shall be equipped with an accelerator control system that returns the engine
throttle to an idle position when the driver removes the actuating force from the accelerator control.
(10) Service brakes. — Every street rod shall be equipped with hydraulic brakes acting on all wheels. The service brakes, upon
application, must meet all the requirements as specified in the Delaware Motor Vehicle Regulations, § 4303 of this title.
(11) Parking brakes. — Shall meet all the requirements of the Delaware Motor Vehicle Regulations, § 4304 of this title.
(12) Bumpers. — Shall be optional on street rods.
(13) Exhaust systems. — Every street rod shall be equipped with an exhaust system that is free of leaks including the exhaust manifolds
(including headers), the piping leading from the flange of the exhaust manifold(s) and the tail piping.
Exhaust systems on street rods shall discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust
fumes outward from the side of the vehicle body at a location rearward of any operable side windows. No part of the exhaust system
shall pass through any area of the vehicle that is used as a passenger carrying compartment. Every street rod must be equipped with
a muffler in good working order and in constant operation to prevent excessive or unusual noise. Muffler cutouts or mufflers without
internal baffle plates are prohibited.
(14) Fenders. —
Street rods shall not be required to have fenders on wheels.
(15) Fuel systems. — Every street rod shall have all fuel system components, such as tank tubing, hoses, clamps, etc., securely
fastened to the vehicle with fasteners designed for this purpose so as not to interfere with the vehicles’ operation and shall be leak proof.
Fuel lines shall be positioned so as not to be in contact with high temperature surfaces or moving components.
(16) Steering. — A street rod shall have no steering components extending below the wheel rims in their lowest position. The use
of unconventional steering components such as chain drive, sprockets or electric solenoids shall be prohibited. The steering system
shall remain unobstructed when turned from lock to lock.
(17) Suspension. — A street rod shall be equipped with a damping device at each wheel.
(18) Tires & wheels. — The tires and wheels on street rods shall comply with current Federal Motor Vehicle Safety Standards (D.O.T.
approved). All tires must be grooved and have 3/32# tread depth minimum.
(19) Electrical system. — a. Lighting. — 1. Street rods shall have a minimum of 2 headlights.
2. All headlights must be equipped with 2-position dimmer switch which will lower and raise the candle power of the headlights.
Rheostat type switch not allowed.
3. Vehicle must be equipped with taillight, brake lights and a license plate light which illuminates the license plate.
4. Two taillights and 2 brake lights required. Each light shall provide 6 square inches of luminous lens area unless a National
Street Rod Association inspector verifies the lights are original equipment.
5. All replacement lenses shall be made of approved reflective material.
6. Street rods shall have turn signals, front and rear. Each turn signal shall provide 6 square inches of luminous lens area, unless
a National Street Rod Association inspector verifies the turn signals are original equipment.
b. Horn. — Every street rod shall be equipped with a horn that is electrically operated and that will emit a minimum sound level
of 92 db(A) measured at a distance of 200 feet directly in front of the vehicle under clear weather conditions. The switch used to
actuate the horn shall be easily accessible to the driver when operating the vehicle.
(20) Automatic transmission lockout. — Street rods equipped with an automatic transmission shall have a neutral safety switch which
allows the vehicle to start in either neutral and/or park only.
(21) Emission. — Street rods shall be exempt from state and federal emission standards.
(22) Except as required by this section, unless the presence of certain equipment was specifically required by a statute of this State
as a condition of sale when the vehicle was manufactured, the presence of any specific equipment is not required for the operation of
a vehicle registered under this section.
(61 Del. Laws, c. 62, § 2; 67 Del. Laws, c. 411, §§ 13, 14; 71 Del. Laws, c. 321, § 1; 72 Del. Laws, c. 336, § 1; 74 Del. Laws, c.
110, §§ 45, 46; 76 Del. Laws, c. 207, §§ 1, 2; 79 Del. Laws, c. 256, § 1; 82 Del. Laws, c. 40, § 1.)
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Title 21 - Motor Vehicles
§ 2198. Inspection.
(a) A motor vehicle registered as an antique motor vehicle shall be exempt from annual inspection. A motor vehicle must pass an initial
inspection prior to the motor vehicle being registered as an antique motor vehicle. Motor vehicles registered as antique motor vehicles
shall be provided EXEMPT validating stickers in lieu of the usual expiration date stickers upon passing the initial inspection.
(b) A motor vehicle registered as a street rod shall be exempt from annual inspection. A street rod must pass an initial inspection as
prescribed in § 2197(f) of this title (street rod requirements), prior to the motor vehicle being registered as a street rod.
(21 Del. C. 1953, § 2198; 50 Del. Laws, c. 283, § 1; 59 Del. Laws, c. 338, § 1; 61 Del. Laws, c. 62, § 1; 62 Del. Laws, c. 28, § 1;
67 Del. Laws, c. 411, § 15; 72 Del. Laws, c. 336, § 1; 73 Del. Laws, c. 261, § 1; 76 Del. Laws, c. 207, §§ 3, 4.)
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Title 21 - Motor Vehicles
Part II
Registration, Title and Licenses
Chapter 23
Title and Liens
Subchapter I
Certificates of Title
§ 2301. Certificate of title required before vehicle registered or operated.
(a) The Department shall not register or renew the registration of any motor vehicle or truck tractor unless and until the owner thereof
makes application for and is granted an official certificate of title for such vehicle or presents satisfactory evidence that a certificate of
title for such vehicle has been previously issued to such owner by the Department.
(b) The owner of a motor vehicle registered in this State shall not operate or permit the operation of any such vehicle upon any highway
without first obtaining a certificate of title therefor from the Department nor shall any person operate any such vehicle upon the highways
knowing or having reason to believe that the owner has failed to obtain a certificate of title therefor.
(c) The Department shall not register any motor vehicle, truck tractor, trailer or motorcycle after July 1, 1969, until the motor vehicle
document fee imposed by § 3002 of Title 30 has been paid to the Department, unless such motor vehicle is exempted from such fee
by § 3002 of Title 30.
(d) The Department shall not transfer the title of a mobile home or house trailer to a new owner until all county taxes levied by the
jurisdiction in which the trailer is located have been paid in full. The Receiver of Taxes and County Treasurer of Kent County may charge
a fee in such amount as is established by the Kent County Levy Court for issuing a letter of certification as to the county taxes.
(36 Del. Laws, c. 10, § 34; Code 1935, § 5572; 21 Del. C. 1953, § 2301; 57 Del. Laws, c. 136, § 29; 57 Del. Laws, c. 188, § 39;
63 Del. Laws, c. 239, § 1; 64 Del. Laws, c. 74, § 1.)
§ 2302. Application for certificate of title.
(a) Every application for an original certificate of title shall be made upon the appropriate form furnished or approved by the Department
and shall contain a full description of the motor vehicle including the name of the maker, the vehicle serial number or any number as may
be assigned by the Department and any distinguishing marks thereon and whether the vehicle is new or used, together with a full and
complete statement of each and all liens or encumbrances, if any, upon the motor vehicle. The application shall also contain a statement
of the name and address of the person to whom the certificate of title shall be delivered and such other information as the Department
may require. If the applicant desires a certificate of title in transfer-on-death form, the application shall contain the information required
pursuant to § 2304 of this title. Every application shall be accompanied by the required fee. Whenever a new motor vehicle is purchased
from a dealer the application for a certificate of title shall also include a statement of transfer by the dealer and a certificate of origin
therefor.
(b) The owner shall certify, under penalty of perjury, that the statements made on the application for a certificate of title are true and
correct to the best of the owner’s knowledge, information and belief.
(c) No application for an original certificate of title shall be accepted by the Department from any person under 18 years of age unless
said certificate stating consent to said application is signed by at least 1 parent or guardian of said person.
(d) Any person who purchases for consideration, receives by gift or otherwise receives or acquires in any transaction any new or used
trailer after July 1, 1969, shall apply to the Department for an original certificate of title for such trailer. Such application shall be made
upon the appropriate form furnished or approved by the Department and shall contain a full description of the trailer including the name
of the maker, the trailer serial number or any number as may be assigned by the Department, and any distinguishing marks thereon and
whether said trailer is new or used, together with a full and complete statement of each and all liens or encumbrances, if any, upon the
trailer. The application shall also contain a statement of the name and address of the person to whom the certificate of title shall be
delivered and such other information as the Department may require. The Department shall not issue the original certificate of title until
the document fee imposed by § 3002 of Title 30 has been paid to the Department.
(e) When a mobile home, park trailer or house trailer is sold by a Delaware licensed mobile home dealer the dealer shall be responsible
for immediately submitting the application for certificate of title, related documents and all fees to the Division of Motor Vehicles for
the purpose of securing a title.
(32 Del. Laws, c. 8; Code 1915, § 254K; 34 Del. Laws, c. 17; 35 Del. Laws, c. 9; 36 Del. Laws, c. 10, §§ 8, 35; 37 Del. Laws, c. 10,
§ 3; 38 Del. Laws, c. 28, § 1; 40 Del. Laws, c. 32; Code 1935, §§ 5546, 5573; 43 Del. Laws, c. 244, § 2; 21 Del. C. 1953, § 2302;
50 Del. Laws, c. 182, § 2; 54 Del. Laws, c. 365, § 1; 57 Del. Laws, c. 75; 57 Del. Laws, c. 188, § 25; 57 Del. Laws, c. 670, § 9A;
58 Del. Laws, c. 112, § 1; 58 Del. Laws, c. 511, § 40; 63 Del. Laws, c. 239, § 2; 64 Del. Laws, c. 466, § 9; 69 Del. Laws, c. 72, §
1; 69 Del. Laws, c. 454, § 4; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 274, § 1.)
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Title 21 - Motor Vehicles
§ 2303. Bill of sale for new vehicle.
When the application for a certificate of title refers to a new vehicle purchased from a dealer, the application shall be accompanied by
the bill of sale or other written statement of the sale by the dealer, which bill of sale or statement shall show any lien upon the vehicle
retained by the dealer.
(36 Del. Laws, c. 10, § 8; Code 1935, § 5546; 43 Del. Laws, c. 244, § 2; 21 Del. C. 1953, § 2303.)
§ 2304. Certificate of title; transfer-on-death.
(a) A motor vehicle may be titled in transfer-on-death form by including in the certificate of title a designation of a beneficiary or
beneficiaries to whom the motor vehicle shall be transferred on death of the owner or the last to die of 2 or more owners with right of
survivorship, subject to the rights of all lien holders, whether created before, simultaneously with, or after the creation of the transfer-ondeath interest. A trust may be the beneficiary of a transfer-on-death certificate of title.
(b) A motor vehicle is titled in transfer-on-death form by designating in the certificate of title, the name of the sole owner, or the
names of the owners who own the motor vehicle as tenants in common, tenants by the entirety or joint tenants with right of survivorship,
followed in substance by the words “transfer on death to [name of beneficiary or beneficiaries].” Instead of the words “transfer on death
to” the abbreviation “TOD” may be used.
(c) The transfer-on-death beneficiary or beneficiaries shall have no interest in the motor vehicle until the death of the owner or the
last to die of all multiple owners with right of survivorship. A beneficiary designation may be changed at any time by the owner or all
then surviving multiple owners with right of survivorship, without the consent of the beneficiary or beneficiaries, by filing an application
for a subsequent certificate of title.
(d) Ownership of a motor vehicle titled in transfer-on-death form, for which an application for a subsequent certificate of title has not
been filed, shall vest in the designated beneficiary or beneficiaries on the death of the owner or the last to die of all multiple owners with
right of survivorship, subject to the rights of all lien holders. If no beneficiary survives the death of the owner or the last to die of all
multiple owners with right of survivorship, then such interest in the motor vehicle belongs to the estate of the deceased owner or the last
to die of all multiple owners with right of survivorship.
(e) A certificate of title in transfer-on-death form shall not be considered a testamentary disposition.
(78 Del. Laws, c. 274, § 2.)
§ 2305. Fee [For applicability of this section, see 80 Del. Laws, c. 77, § 23].
The fee for issuing a certificate of title for a vehicle shall be $35. Such fee shall be in addition to any fee charged for registration of
the vehicle.
(32 Del. Laws, c. 8; Code 1915, § 254K; 34 Del. Laws, c. 17; 35 Del. Laws, c. 9; 36 Del. Laws, c. 10, §§ 26, 35; 38 Del. Laws,
c. 27, §§ 1, 2; 38 Del. Laws, c. 28, § 1; 40 Del. Laws, c. 32; 40 Del. Laws, c. 38, § 1; Code 1935, §§ 5564, 5573; 43 Del. Laws,
c. 244, § 15; 45 Del. Laws, c. 287, § 2; 21 Del. C. 1953, § 2305; 53 Del. Laws, c. 221, § 12; 65 Del. Laws, c. 178, § 3; 68 Del.
Laws, c. 156, § 60(a); 76 Del. Laws, c. 76, § 13; 80 Del. Laws, c. 77, § 18.)
§ 2306. Certificate of title; issuance.
(a) The Department, when satisfied that the applicant for a certificate of title is the owner of the motor vehicle, shall thereupon issue
in the name of the owner a certificate bearing a serial number and the signature of the Secretary, under the seal of the Secretary’s office.
The certificate of title shall contain the same information as is required upon the face of the registration card except that the period
of registration shall be omitted. The Department may make address and vehicle registered weight changes to the vehicle record and
registration card without issuing a new title.
(b) The certificate of title shall also contain a space for the signature of the owner in order to validate the same and forms for assignment
of title or interest and warranty thereof by the owner with a space for notation of liens and encumbrances upon the vehicle at the time of
a transfer. If an owner has elected to have a title issued in transfer-on-death form, then the title shall also contain the designations made
by the owner pursuant to § 2304 of this title.
(c) The certificate of title shall be delivered to the registered owner unless another person has been named to receive the certificate in
the application, in which event the certificate shall be delivered to such person.
(d) The Department shall not issue a certificate of title to any person under 18 years of age unless at least 1 parent or guardian of said
person shall sign said certificate stating consent to the issuance of same.
(e) If a licensed dealer holds for sale a motor vehicle, truck tractor or trailer, or any other vehicle required by this title to be registered
or titled by the Department, and transfers or sells such motor vehicle, truck tractor, trailer or other vehicle to someone other than another
licensed dealer who holds such vehicle for sale, the dealer shall:
(1) Comply with this chapter; and
(2) Within 30 days of the date of delivery of the vehicle to the purchaser or transferee, transmit to the Department the application
for certificate of title and such other accompanying documents and fees as are required by the Department; or
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Title 21 - Motor Vehicles
(3) Within 10 days of the date of delivery of the vehicle, transmit to the purchaser or transferee of such vehicle the application for
certificate of title and such other accompanying documents as are required by the Department, in which case the purchaser or transferee
shall submit the application and other documents to the Department within 30 days of the date of delivery of the vehicle.
(4) If, due to extenuating circumstances, the dealer or purchaser or transferee is unable to transmit the application to the Department
within 30 days of the date of delivery of the vehicle, the Director in the Director’s discretion may grant an extension of time within
which the dealer, purchaser or transferee must do so.
(36 Del. Laws, c. 36, §§ 10, 36; 38 Del. Laws, c. 28, § 2; Code 1935, §§ 5548, 5574; 43 Del. Laws, c. 244, § 5; 21 Del. C. 1953,
§ 2306; 54 Del. Laws, c. 365, § 2; 57 Del. Laws, c. 75; 57 Del. Laws, c. 670, § 9A; 58 Del. Laws, c. 511, § 41; 64 Del. Laws, c.
466, § 11; 69 Del. Laws, c. 71, § 1; 69 Del. Laws, c. 72, § 2; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 274, § 3.)
§ 2307. Duration of certificate.
The certificate of title shall be good for the life of the motor vehicle so long as the vehicle is owned or held by the original holder
of such certificate.
(36 Del. Laws, c. 10, § 36; 38 Del. Laws, c. 28, § 2; Code 1935, § 5574; 21 Del. C. 1953, § 2307.)
§ 2308. File of surrendered certificates of title; return of certificates to issuing jurisdictions.
The Department shall retain and appropriately file every surrendered certificate of title or copy thereof. The file is to be so maintained
as to permit the tracing of title of the vehicles designated therein. Certificate of title issued by other jurisdictions may be returned to those
jurisdictions at the discretion of the Director of Motor Vehicles.
(36 Del. Laws, c. 10, § 38; Code 1935, § 5576; 21 Del. C. 1953, § 2308; 62 Del. Laws, c. 190, § 11; 65 Del. Laws, c. 352, § 1.)
§ 2309. Duplicate certificates; fee.
In the event of the loss of a certificate of title, the loss of which is accounted for to the satisfaction of the Department, a duplicate or
substitute may be issued, the charge therefor to be $50.
(36 Del. Laws, c. 10, §§ 26, 40; Code 1935, §§ 5564, 5578; 43 Del. Laws, c. 244, § 15; 45 Del. Laws, c. 287, § 2; 21 Del. C. 1953,
§ 2309; 64 Del. Laws, c. 366, § 1; 67 Del. Laws, c. 260, § 1; 68 Del. Laws, c. 156, § 60(b); 76 Del. Laws, c. 76, § 14; 80 Del.
Laws, c. 77, § 10.)
§ 2310. Altered or changed serial number.
The owner of a motor vehicle, the serial number of which has been altered, removed or defaced, may make application for a special
number in the form prescribed by the Department accompanied by a fee of $2.00. The applicant shall furnish such information as will
satisfy the Department that such applicant is the owner, whereupon the Department shall assign a special number for the motor vehicle
preceded by a symbol indicating this State. A record of special numbers so assigned shall be maintained by the Department. The title
inspector shall stamp the number upon the vehicle as directed by the Department and, upon receipt by the Department of a certificate
that the title inspector has inspected and stamped the number upon the motor vehicle as directed, in a workmanlike manner, together with
application for a certificate of title, such special number shall be regarded as the serial number of the motor vehicle.
(36 Del. Laws, c. 10, § 44; Code 1935, § 5582; 21 Del. C. 1953, § 2310; 62 Del. Laws, c. 190, § 12; 67 Del. Laws, c. 187, § 1; 70
Del. Laws, c. 186, § 1.)
§ 2311. [Reserved].
Repealed by 62 Del. Laws, c. 190, § 13, eff. Feb. 8, 1980.
§ 2312. Refusal or revocation of certificate of title — Grounds.
If the Department determines that an applicant for a certificate of title to a motor vehicle is not entitled thereto, it may refuse to issue such
certificate and, in that event, unless the Department reverses its decision or its decision is reversed by a court of competent jurisdiction,
the applicant shall have no further right to apply for a certificate of title on the statements in said application. The Department may, for
a like reason, revoke any outstanding certificate of title.
(36 Del. Laws, c. 10, § 39; Code 1935, § 5577; 21 Del. C. 1953, § 2312.)
§ 2313. Refusal or revocation of certificate of title — Hearing; notice.
No outstanding certificate of title shall be revoked by the Department without notice to the owner of the vehicle and a hearing. The
notice shall be served in person or by registered mail.
(36 Del. Laws, c. 10, § 39; Code 1935, § 5577; 21 Del. C. 1953, § 2313.)
§ 2314. Refusal or revocation of certificate of title — Appeal.
An appeal from any decision of the Department refusing or revoking a certificate of title may be taken to the Superior Court.
(36 Del. Laws, c. 10, § 39; Code 1935, § 5577; 21 Del. C. 1953, § 2314.)
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Title 21 - Motor Vehicles
§ 2315. False statements; penalty.
Whoever knowingly makes any false statement in any application or other document required by the terms of this chapter shall be
guilty of an unclassified misdemeanor, and shall be fined not less than $100 nor more than $1,000, or imprisoned not less than 60 days
nor more than 1 year, or both.
(36 Del. Laws, c. 10, §§ 41, 48; 37 Del. Laws, c. 10, § 13; Code 1935, §§ 5579, 5586; 21 Del. C. 1953, § 2315; 77 Del. Laws, c.
60, § 7.)
§ 2316. Altering or forging certificate of title, manufacturer’s certificate of origin, registration card, vehicle
warranty or certification sticker or vehicle identification plate.
Whoever:
(1) Alters with fraudulent intent any certificate of title, manufacturer’s certificate of origin, registration card, vehicle warranty or
certification sticker or vehicle identification plate issued by the Division; or
(2) Forges or counterfeits any certificate of title, manufacturer’s certificate of origin, registration card, vehicle warranty or
certification sticker or vehicle identification plate issued by the Division; or
(3) Alters or falsifies with fraudulent intent or forges any assignment of a certificate of title, manufacturer’s certificate of origin,
registration card, vehicle warranty or certification sticker or vehicle identification plates; or
(4) Holds or uses any certificate of title, manufacturer’s certificate of origin, registration card, vehicle warranty or certification sticker
or vehicle identification plate or an assignment thereof, knowing the same to have been altered, forged or falsified;
is guilty of a class E felony as the same is defined in Chapter 42 of Title 11 and shall be sentenced in accordance therewith.
(36 Del. Laws, c. 10, §§ 42, 49; Code 1935, §§ 5580, 5588; 21 Del. C. 1953, § 2316; 59 Del. Laws, c. 531, § 1.)
Subchapter II
Liens
§ 2331. Evidence of liens on application for a certificate of title.
Every application for a certificate of title shall contain a section where the applicant must disclose any and all liens on the vehicle
to be titled.
(Code 1915, § 254K; 32 Del. Laws, c. 8; 34 Del. Laws, c. 17; 35 Del. Laws, c. 9; 36 Del. Laws, c. 10, § 35; 38 Del. Laws, c. 28, §
1; 40 Del. Laws, c. 32; Code 1935, § 5573; 21 Del. C. 1953, § 2331; 67 Del. Laws, c. 87, § 1; 71 Del. Laws, c. 376, § 1.)
§ 2332. Notation of liens and encumbrances on certificate of title.
Each certificate of title shall contain a statement of the owner’s title and of the liens and encumbrances upon the vehicle therein described
as noted in the application and whether possession is held by the owner under a lease, contract of conditional sale or other like agreement.
(36 Del. Laws, c. 10, § 10; Code 1935, § 5548; 43 Del. Laws, c. 244, § 5; 21 Del. C. 1953, § 2332.)
§ 2333. Uniform Commercial Code — Filing requirements not applicable when there is compliance with this
title.
In accordance with § 9-311(a)(2) of Title 6 (Uniform Commercial Code), where a lien is required to be filed and noted on a certificate
of title pursuant to this title, no additional filing shall be required under Article 9 of Subtitle I of Title 6 (Uniform Commercial Code).
(21 Del. C. 1953, § 2332A; 56 Del. Laws, c. 15, § 1.)
§ 2334. Uniform Commercial Code — Requirements applicable to security interest in inventory of motor
vehicles.
This title does not apply to the creation or perfection of a security interest in a motor vehicle held by the debtor as inventory held for
sale. The validity and effect of such security interest shall be governed by Article 9 of Subtitle I of Title 6 (Uniform Commercial Code).
(21 Del. C. 1953, § 2332B; 56 Del. Laws, c. 15, § 2.)
§ 2335. Application for recording lien upon motor vehicle where certificate is outstanding [For applicability
of this section, see 80 Del. Laws, c. 77, § 23].
(a) In the event that any claim of any kind is sought to be secured upon any motor vehicle for which a certificate of title has been
previously issued by the Department, and the certificate remains outstanding and valid and no assignment of the certificate has been made
or sought to be made and no transfer of title or ownership or possession of the motor vehicle is made or sought to be made, the certificate
of title shall be returned to the Department together with the application for placing and recording of such claim as a lien or encumbrance
upon the motor vehicle. The application shall be made upon the appropriate form furnished and approved by the Department. Every
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Title 21 - Motor Vehicles
application shall be accompanied by a fee of $20, which shall be in addition to any other fees required by this title. Upon the filing of the
application and the entering of the claim, the certificate of title shall be returned to the person entitled to receive it.
(b) No claim of any kind shall be entered upon the certificate of title for any motor vehicle until the applicant has fully complied with
all the provisions of this subchapter, insofar as such provisions may be applicable thereto.
(Code 1915, § 254K; 32 Del. Laws, c. 8; 34 Del. Laws, c. 17; 35 Del. Laws, c. 9; 36 Del. Laws, c. 10, § 36; 38 Del. Laws, c. 28, §§
1, 2; 40 Del. Laws, c. 32; Code 1935, §§ 5573, 5574; 21 Del. C. 1953, § 2333; 53 Del. Laws, c. 221, § 13; 68 Del. Laws, c. 156, §
60(c); 71 Del. Laws, c. 376, § 2; 80 Del. Laws, c. 77, § 19.)
§ 2336. Recording liens; fee.
The Director shall keep a record of liens or encumbrances upon motor vehicles for a period of 8 years from the date of entering such
lien or encumbrance on any certificate of title. For making entry on liens or encumbrances in the aforementioned record, the Director
shall charge a fee of $10 which shall be paid by the applicant at the time of entering such lien or encumbrance on the certificate of title.
(Code 1915, § 254K; 32 Del. Laws, c. 8; 34 Del. Laws, c. 17; 35 Del. Laws, c. 9; 37 Del. Laws, c. 11, § 3; 38 Del. Laws, c. 28, § 1;
40 Del. Laws, c. 32; Code 1935, § 5573; 21 Del. C. 1953, § 2334; 50 Del. Laws, c. 210, § 1; 53 Del. Laws, c. 221, § 14; 57 Del.
Laws, c. 670, § 9A; 58 Del. Laws, c. 174; 61 Del. Laws, c. 110, § 1; 67 Del. Laws, c. 260, § 1; 68 Del. Laws, c. 156, § 60(d).)
§ 2337. Priority of liens.
Liens or encumbrances on a motor vehicle properly set out in the application for a certificate of title, whereby any such liens or
encumbrances are sought to be secured on a motor vehicle, shall for all purposes be valid from the date of the issuance of the certificate
of title. If there is more than one such lien on any one motor vehicle, then such liens shall have priority according to the dates of the
application as evidence of such claims. Such liens and encumbrances entered upon the certificate of title and recorded in the lien register
shall be notice to all creditors of whatever description that such liens or encumbrances exist against the motor vehicle.
(36 Del. Laws, c. 10, § 36; 38 Del. Laws, c. 28, § 2; Code 1935, § 5574; 47 Del. Laws, c. 391; 21 Del. C. 1953, § 2335; 71 Del.
Laws, c. 376, § 3.)
§ 2338. Duration of liens in favor of firms which cease to do business.
Any lien recorded in favor of a firm or corporation which, since the recording of such lien, has dissolved, ceased to do business or gone
out of business for any reason, and which remains of record as a lien of such firm or corporation for a period of more than 3 years from
the date of the recording thereof shall become null and void and of no further force and effect.
(Code 1915, § 254K; 32 Del. Laws, c. 8; 34 Del. Laws, c. 17; 35 Del. Laws, c. 9, § 1; 40 Del. Laws, c. 32; Code 1935, § 5573; 21
Del. C. 1953, § 2336.)
§ 2339. Satisfaction of liens.
Within 30 days from the date of final payment being made on any lien or encumbrance recorded under this subchapter, the certificate
of title shall be signed accordingly in the manner prescribed by the Department. Upon the certificate of title being presented to the
Department, the lien register shall be amended to reflect that the lien or encumbrance has been satisfied and the certificate of title shall
be marked or stamped satisfied.
(Code 1915, § 254K; 32 Del. Laws, c. 8; 34 Del. Laws, c. 17; 35 Del. Laws, c. 9; 37 Del. Laws, c. 11, § 3; 38 Del. Laws, c. 28, § 1;
40 Del. Laws, c. 32; Code 1935, § 5573; 21 Del. C. 1953, § 2337; 53 Del. Laws, c. 221, § 15; 57 Del. Laws, c. 670, § 9A; 61 Del.
Laws, c. 110, § 2; 65 Del. Laws, c. 327, § 1.)
§ 2340. Failure to satisfy lien after payment; satisfaction by Secretary; penalty.
For failure to satisfy any lien or encumbrance within 30 days after final payment has been made, the lien holder shall be fined not less
than $25 nor more than $100. Proceedings for enforcement of these provisions shall be made by the Secretary of Transportation in the
office of any justice of the peace in the State. Should any lien holder fail, refuse or neglect to satisfy any lien or encumbrance within
60 days after final payment thereon has been made, the Secretary, after due and timely notice given to the lien holder, may, upon the
presentation of convincing evidence which the Secretary shall retain in the Secretary’s office and file with the lien registrar, satisfy such
lien or encumbrance recorded in the lien register.
(Code 1915, § 254K; 32 Del. Laws, c. 8; 34 Del. Laws, c. 17; 35 Del. Laws, c. 9; 38 Del. Laws, c. 28, § 1; 40 Del. Laws, c. 32;
Code 1935, § 5573; 41 Del. Laws, c. 220; 21 Del. C. 1953, § 2338; 57 Del. Laws, c. 670, §§ 9A, 9B; 65 Del. Laws, c. 503, § 10;
70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 47.)
§ 2341. Transfer of title without disclosure of liens.
Any person, association of persons, firm or corporation and every agent or officer thereof participating in the transaction, who shall
assign, transfer or set over, or cause to be assigned, transferred or set over, to any person, association of persons, firm or corporation
the title to any motor vehicle for which a certificate of title is required by this title or who shall sell to any such person, association
of persons, firm or corporation a motor vehicle for which a certificate of title is required by this title, shall disclose to such assignee,
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Title 21 - Motor Vehicles
transferee or purchaser the existence of all existing liens and encumbrances in any form upon such motor vehicle, the holder or holders of
such liens or encumbrances and the true amount thereof with all charges and interest due in respect thereof at the time of such assignment,
transfer or sale.
(Code 1935, § 5575A; 43 Del. Laws, c. 244, § 18; 21 Del. C. 1953, § 2339.)
§ 2342. Terminal rental adjustment clauses.
In the case of motor vehicles or trailers, notwithstanding any other provision of law, a transaction does not create a sale or security
interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or
downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.
(70 Del. Laws, c. 433, § 1.)
Subchapter III
Penalties
§ 2351. Violations of chapter.
(a) Whoever violates this chapter shall be fined not less than $25 nor more than $500, or imprisoned not less than 30 days nor more
than 1 year or both.
(b) This section shall not apply to violations for which a specific punishment is set forth in this chapter.
(36 Del. Laws, c. 10, § 49; Code 1935, § 5587; 21 Del. C. 1953, § 2351.)
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Title 21 - Motor Vehicles
Part II
Registration, Title and Licenses
Chapter 25
Transfer of Title, Registration and Liens
§ 2501. Expiration of registration upon transfer of title.
Whenever the owner of a vehicle registered under this title transfers or assigns the title or interest thereto, the registration of such
vehicle shall expire.
(36 Del. Laws, c. 10, § 15; Code 1935, § 5553; 43 Del. Laws, c. 244, § 9; 21 Del. C. 1953, § 2501; 70 Del. Laws, c. 186, § 1.)
§ 2502. Endorsement and delivery of registration card upon transfer.
An owner, upon transferring a registered vehicle, shall endorse the name and address of the transferee and the date of transfer upon the
registration card issued for such vehicle and shall immediately give or send such card to the Department or an authorized representative
thereof, except as otherwise provided by law in the case of transfers to dealers.
(36 Del. Laws, c. 10, § 15; Code 1935, § 5553; 43 Del. Laws, c. 244, § 9; 21 Del. C. 1953, § 2502.)
§ 2503. New certificate of title, registration and inspection; exceptions [For applicability of this section, see
80 Del. Laws, c. 77, § 23].
(a) The transferee of a Delaware registered vehicle shall make application for a new certificate of title immediately following purchase,
but in no case more than 30 days after purchase of said vehicle. If due to extraordinary circumstances the purchaser is unable to apply for
a certificate of title within 30 days of the purchase date, the Director, in the Director’s discretion and for good cause shown, may grant an
extension of time within which the purchaser must do so. The transferee, before operating or permitting the operation of a motor vehicle
which has been transferred to such transferee upon a highway, shall apply for a transfer of title, obtain the registration of the vehicle as
upon original registration, submit the vehicle to inspection and obtain new registration plates and new number plates as provided in this
title. If the transferor has not had the registration plates and number plates transferred and assigned to another vehicle, then the transferee
may, before operating or permitting the operation of such vehicle upon a highway, apply for and obtain, upon the payment of a fee of
$35, a transfer of title and registration. Upon any such application the Department shall issue to the transferee without additional fee
or inspection a new certificate of title and a new registration card, which card shall show the same period for which such vehicle was
originally registered by the owner.
(b) Subsection (a) of this section shall not apply to the operation of vehicles by dealers or under temporary or limited permits or
certificates as otherwise provided by this title.
(c) The Department shall transfer a certificate of title or registration certificate to any person 18 years of age or older if such person
is otherwise qualified to obtain such certificate of title or registration certificate. The Department may transfer a certificate of title or
registration certificate to a person under 18 years of age if at least 1 parent or guardian of said person signs the certificate of title or
registration certificate stating consent to the transfer of same.
(36 Del. Laws, c. 10, § 15; Code 1935, § 5553; 43 Del. Laws, c. 244, § 9; 48 Del. Laws, c. 115, § 2; 21 Del. C. 1953, § 2503; 53
Del. Laws, c. 221, § 16; 54 Del. Laws, c. 365, § 3; 57 Del. Laws, c. 75; 58 Del. Laws, c. 551, § 42; 59 Del. Laws, c. 48, § 4; 65
Del. Laws, c. 178, § 5; 68 Del. Laws, c. 156, § 60(e); 69 Del. Laws, c. 74, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 76, §
15; 80 Del. Laws, c. 77, § 20.)
§ 2504. Transfer to a dealer; transfer by a dealer.
(a) If the transferee is a dealer, the owner upon transferring a registered vehicle shall properly endorse the registration card and deliver
it together with the certificate of title properly assigned to the dealer who shall immediately report such transfer to the Department. After
reporting the transfer, the dealer may operate such vehicle upon the highways during the period for which it is currently registered without
dealer’s plates solely for the purposes of testing, demonstrating or selling the vehicle but upon the sale of such vehicle the dealer shall
endorse the name and address of the purchaser and the date of transfer upon the registration card and shall immediately give or send
the card to the Department or an authorized representative thereof. The purchaser or transferee of the dealer shall, before operating or
permitting the operation of the vehicle upon a highway, comply with this chapter.
(b) If ownership of a vehicle held by a registered dealer for sale is transferred, the transferring dealer, without applying for a new
certificate of title, may execute an assignment of title to the transferee on a dealer’s reassignment form, prescribed by the Department.
Such assignment shall include a statement certifying all liens and encumbrances on the vehicle.
Every dealer, upon transferring a vehicle, shall immediately give a written notice of such transfer to the Department upon the official
form provided by the Department.
(c) Dealer reassignment forms may be issued to a qualified dealer upon application for not less than 5 such forms and payment of a
fee of $10 for each form.
(36 Del. Laws, c. 10, § 15; Code 1935, § 5553; 43 Del. Laws, c. 244, § 9; 21 Del. C. 1953, § 2504; 60 Del. Laws, c. 336, § 1; 65
Del. Laws, c. 178, § 6; 68 Del. Laws, c. 156, § 60(f); 79 Del. Laws, c. 46, § 1.)
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Title 21 - Motor Vehicles
§ 2505. Transfer to automotive recycler.
(a) Whenever an automotive recycler purchases or otherwise acquires any vehicle, whether registered or unregistered, for the purpose
of wrecking or dismantling it in order to resell the parts thereof, such automotive recycler shall obtain the certificate of title issued by
this State or any other state, a salvage certificate or other acceptable evidence of ownership from the seller or transferee which shall be
deemed to meet all State proof of ownership, and shall be kept by the automotive recycler at the place of business where the vehicle was
originally acquired by the automotive recycler. The automotive recycler shall report the acquisition of all vehicles to the Department on
a monthly basis on a form devised by the Department. If the vehicle is transferred by the automotive recycler or the recycler’s agent to
another person or location, it shall be noted by the automotive recycler in the record, and the proof of ownership shall be transferred and
kept at the same location as the vehicle, unless the vehicle is transferred to a scrap processor for recycling the vehicle scrap in which
case the automotive recycler shall immediately send or deliver the proof of ownership of the vehicle to the Department. In this case the
automotive recycler shall complete a 3-part form provided by the Department and shall:
(1) Retain 1 copy in the recycler’s records;
(2) Forward 1 copy to the Department together with the proof of ownership;
(3) Forward the remaining copy to the scrap processor; and
(4) The scrap processor shall, upon destruction of the vehicle, retain a copy in such processor’s records. The copy retained by the
scrap processor shall be kept for a period of 3 years and the scrap processor shall make the same available for inspection by any police
officer during the regular working hours of such business.
(b) The records and information required by this section shall be maintained by the automotive recycler for as long as said vehicle
remains in the recycler’s possession or control; provided, however, that if the automotive recycler transfers such vehicle to another person
the recycler shall nevertheless keep such records and information for a period of 3 years from the date of such transfer. All records shall
be maintained at the approved business location.
(c) If the ownership of the vehicle held for resale is transferred for titling and registration purposes, the transferring licensed automotive
recycler without applying for a new certificate of title may execute an assignment of the certificate of title or salvage certificate to the
transferee on the reassignment form prescribed by the Department.
(d) Any person who fails, neglects or refuses to maintain the records and information required by this section, or who shall refuse to
permit the examination of the records or information by persons permitted to do so by this section or Chapter 75 of this title, shall be
guilty of a class B misdemeanor as the same is defined in Chapter 42 of Title 11, and shall be subject to the penalties prescribed therein.
(36 Del. Laws, c. 10, §§ 15, 26; Code 1935, §§ 5553, 5564; 43 Del. Laws, c. 244, §§ 9, 15; 45 Del. Laws, c. 287, § 2; 21 Del. C.
1953, § 2505; 51 Del. Laws, c. 223, § 2; 59 Del. Laws, c. 541, § 3; 63 Del. Laws, c. 53, § 1; 65 Del. Laws, c. 318, § 4; 70 Del.
Laws, c. 186, § 1.)
§ 2506. Transfer by operation of law; duty of transferee.
In the event of the transfer by operation of law of the title or interest of an owner in and to a vehicle as upon transfer-on-death,
inheritance, devise or bequest, order in bankruptcy or insolvency or execution sale, the registration thereof shall expire and the vehicle
shall not be operated upon the highways until and unless the person entitled thereto applies for and obtains the registration and inspection
thereof and a transfer of title therefor. The surviving spouse, the child or children of any deceased person and the immediate members of
the deceased’s family residing in the household, after giving due and proper notice to the Department in such manner and on such form
as may be provided therefor by the Department, may operate such vehicle and the current registration thereof shall continue in full force
and effect until normal expiration thereof at which time the registration of such vehicle shall expire. An administrator, executor, trustee
or other representative of the owner, or a sheriff or other officer or the assignee or legal representative of any such person may operate
or cause to be operated any vehicle upon the highways for a distance not exceeding 125 miles from the place where formerly kept by the
owner, to a garage, warehouse or other place of keeping or storage, upon displaying upon such vehicle the number plates issued for it and
obtaining a temporary or limited permit for such operation as provided by this title.
(36 Del. Laws, c. 10, § 15; Code 1935, § 5553; 42 Del. Laws, c. 169; 43 Del. Laws, c. 244, § 9; 21 Del. C. 1953, § 2506; 70 Del.
Laws, c. 186, § 1; 78 Del. Laws, c. 274, § 4.)
§ 2507. Retitling vehicle in another state.
Whenever any motor vehicle for which a title has been issued by the Department, whether such vehicle is registered or unregistered,
is removed from this State, through transfer or otherwise, for the purpose of retitling the vehicle in another state, the owner thereof, upon
transferring and/or removing such vehicle, shall, in addition to complying with all the other provisions of this chapter, remove the number
plates and, if the vehicle is registered, the registration plates therefrom and shall immediately give or send such plates to the Department or
an authorized representative thereof, together with a report that such vehicle is to be retitled in another state. If the Department is satisfied
that the vehicle is to be removed from this State for the purpose aforesaid, the title to such vehicle shall be canceled.
(36 Del. Laws, c. 10, § 15; Code 1935, § 5553; 44 Del. Laws, c. 188, § 1; 45 Del. Laws, c. 287, § 3; 21 Del. C. 1953, § 2507; 51
Del. Laws, c. 223, § 3.)
§ 2508. Fee to transfer title [For applicability of this section, see 80 Del. Laws, c. 77, § 23].
The fee for transferring title to a vehicle shall be $35. A $35 penalty fee shall be charged for the issuance of a new certificate of title
on a Delaware titled vehicle when the application is received more than 30 days after the transfer date of said vehicle. The penalty fee
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Title 21 - Motor Vehicles
shall be waived if the Director has granted an extension of time within which to apply for a certificate of title in accordance with §
2503(a) of this title.
(36 Del. Laws, c. 10, § 26; Code 1935, § 5564; 43 Del. Laws, c. 244, § 15; 45 Del. Laws, c. 287, § 2; 21 Del. C. 1953, § 2508; 53
Del. Laws, c. 221, § 17; 65 Del. Laws, c. 178, § 4; 68 Del. Laws, c. 156, § 60(g); 69 Del. Laws, c. 74, § 2; 76 Del. Laws, c. 76, §
16; 80 Del. Laws, c. 77, § 21.)
§ 2509. Delivery of title application to Department.
If a licensed dealer holds for sale a motor vehicle, truck tractor, trailer or any other vehicle required by this title to be registered or titled
by the Department and transfers the motor vehicle, truck tractor, trailer or other vehicle to someone other than another licensed dealer
who holds such vehicle for sale, the dealer shall:
(1) Comply with this chapter; and
(2) Within 30 days of the date of delivery of the vehicle to the purchaser or transferee, transmit to the Department the application
for certificate of title and such other accompanying documents and fees as are required by the Department; or
(3) Within 10 days of the date of delivery of the vehicle, transmit to the purchaser or transferee of such vehicle the application for
certificate of title and such other accompanying documents as are required by the Department, in which case the transferee or purchaser
shall submit the application and other documents to the Department within 30 days of the date of delivery of the vehicle.
(4) If, due to extenuating circumstances, the dealer or purchaser or transferee is unable to transmit the application to the Department
within 30 days of the date of delivery of the vehicle, the Director, in the Director’s discretion may grant an extension of time within
which the dealer, purchaser or transferee must do so.
(36 Del. Laws, c. 10, § 17; Code 1935, § 5555; 21 Del. C. 1953, § 2509; 64 Del. Laws, c. 466, § 12; 70 Del. Laws, c. 186, § 1.)
§ 2510. Endorsement and delivery of certificate of title upon transfer; penalty [For applicability of this
section, see 80 Del. Laws, c. 77, § 23].
(a) The owner of a motor vehicle for which a certificate of title is required shall not sell or transfer that title or interest in or to such
vehicle unless the owner has obtained a certificate of title thereto or, unless having procured a certificate of title, the owner shall in every
respect comply with the requirements of this section. Whoever violates this section shall be fined not less than $25 nor more than $500,
or imprisoned not less than 30 days nor more than 1 year or both.
(b) The owner of a motor vehicle who transfers or sells that title or interest in or to such motor vehicle shall endorse an assignment and
warranty of title upon the certificate of title for such vehicle with a statement, as certified by the owner under penalty of perjury, of all
liens or encumbrances thereon and the owner shall deliver the certificate of title to the purchaser or transferee at the time of delivering
the vehicle.
(c) The transferee, except as provided in subsection (d) of this section, shall thereupon present such certificate endorsed and assigned
to the Department, accompanied by a transfer fee of $35 and make application for and obtain a new certificate of title for such vehicle.
(d) When the transferee of a vehicle is a dealer who holds the vehicle for resale and operates it only for purposes of demonstration
under dealer’s number plates or when the transferee does not drive such vehicle or permit such vehicle to be driven upon the highways,
such transferee shall not be required to forward the certificate of title to the Department, as provided in subsection (c) of this section,
but such transferee upon transferring that title or interest to another person shall execute and acknowledge an assignment and warranty
of title upon the certificate of title and deliver the same to the person to whom such transfer is made. No dealer or other transferee shall
hold the certificate of title to a motor vehicle for resale and/or transfer that title or interest to another person by executing an assignment
and warranty of title upon the certificate of title without first having satisfied or caused to be satisfied all liens or encumbrances against
the motor vehicle recorded in the office of the Secretary.
(e) Whenever the ownership of any motor vehicle passes otherwise than by voluntary transfer, the new owner may obtain a certificate
of title therefore from the Department upon application therefore and payment of a fee of $35, accompanied with such instruments or
documents of authority, or certified copies thereof, as may be required by law to evidence or effect a transfer of title or interest in or to
chattels in such case. The Department, when satisfied of the genuineness and regularity of such transfer, shall issue a new certificate of
title to the person entitled thereto.
(f) Whenever a dealer purchases or otherwise acquires a previously registered vehicle, the dealer shall immediately notify the
Department, giving the name of the former owner and a sufficient description of the vehicle to identify it.
(36 Del. Laws, c. 10, §§ 37, 49; 37 Del. Laws, c. 10, § 12; 40 Del. Laws, c. 33, § 1; Code 1935, §§ 5575, 5587; 43 Del. Laws, c.
244, § 17; 21 Del. C. 1953, § 2510; 53 Del. Laws, c. 221, §§ 18, 19; 57 Del. Laws, c. 670, § 10; 64 Del. Laws, c. 466, § 10; 65
Del. Laws, c. 178, §§ 7, 8; 68 Del. Laws, c. 156, § 60(h); 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 76, § 17; 80 Del. Laws, c. 77,
§ 22.)
§ 2511. Penalties.
(a) Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $100, or imprisoned not less than
30 days nor more than 90 days or both. For each subsequent like offense, the person shall be fined not less than $100 nor more than $200,
or imprisoned not less than 90 days nor more than 6 months or both.
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Title 21 - Motor Vehicles
(b) This section shall not apply to violations for which a specific punishment is set forth elsewhere in this chapter.
(36 Del. Laws, c. 10, § 32; 37 Del. Laws, c. 10, §§ 10, 11; Code 1935, § 5570; 21 Del. C. 1953, § 2511; 70 Del. Laws, c. 186, §
1.)
§ 2512. Transfer for salvage.
(a) Except as provided under subsection (g) of this section, when a registered or unregistered motor vehicle, for which a title has been
issued by the Department, is transferred as salvage as a result of a total loss insurance settlement, the insurance company or its authorized
agent shall send the certificate of title of the vehicle to the Department within 30 days from the date of settlement. Upon receipt of the
certificate of title and appropriate fee, the Department shall issue a salvage certificate. Such salvage certificate is deemed to meet all
state proof of ownership.
(b) If the owner of any registered or unregistered motor vehicle for which a title has been issued by the Department receives a total loss
insurance settlement for the vehicle and chooses to retain ownership of the vehicle as owner retained salvage, the insurance company shall
either comply with the requirements in paragraph (a) of this section or require the owner of the vehicle to procure a salvage certificate
from the Department prior to paying the total loss insurance settlement.
(c) Every scrap processor which takes in a scrapped or dismantled vehicle without a title shall upload the vehicle identification number
into the National Motor Vehicle Title Information System (NMVTIS) by the close of business the next business day and shall have the
vehicle cleared by a Delaware State Police auto theft technician before the vehicle is scrapped, dismantled, or altered in any way.
(d) The Department shall issue to the seller a receipt in the name of the seller, agent, or owner for the salvage certificate. The seller or
vehicle owner or agent shall keep such records and receipt for a period of 3 years from the date of sale and shall make such records and
receipts available for inspection and examination by any police officer during the regular working hours of such business, seller, or agent.
(e) A person who fails, neglects, or refuses to maintain the records and information required by this section, or who refuses to permit
the examination of the records or information by persons permitted by this section to do so, is guilty of a class B misdemeanor as defined
in Chapter 42 of Title 11, and is subject to the penalties proscribed therein.
(f) The recordkeeping requirements outlined in this section is applicable to scrap processors, salvage dealers, junk dealers, and insurance
companies or their authorized agents. The record keeping requirement and penalties for failure to maintain such records does not apply
to individual owners who choose to retain ownership of their total loss vehicle as owner retained salvage.
(g) (1) An insurance company that does not receive, within 30 days from the date of the total loss insurance settlement, the properly
endorsed certificate of title for a motor vehicle acquired as salvage may apply to the Department for a salvage certificate in the name of
the insurance company, without surrendering the certificate of title for the vehicle.
(2) Regardless of the existence of a lien against the vehicle, the Department shall issue a salvage certificate in the name of the
insurance company, free and clear of all liens, if the application is accompanied by all of the following:
a. Evidence of payment of the total loss claim.
b. An affidavit from the insurance company or its authorized agent stating that it has made at least 2 written requests for the
properly endorsed certificate of title that were addressed to the vehicle owner of record and any known lienholders and sent by
certified mail or commercial courier whose regular business is delivery service and that provides proof of delivery.
(h) (1) A licensed auto auction may apply for a salvage certificate in the name of the auto auction without surrendering the certificate
of title if all of the following exist:
a. The auto auction took possession of a motor vehicle at the request of an insurance company.
b. The motor vehicle is the subject of an insurance claim.
c. There is no total loss insurance settlement resulting in transfer of ownership of the motor vehicle to the insurance company.
d. The motor vehicle has been abandoned at the facility of the auto auction for more than 30 days.
(2) Regardless of the existence of a lien against the vehicle, the Department shall issue a salvage certificate in the name of the auto
auction, free and clear of all liens, if the application is accompanied by evidence that the auto auction made at least 2 written attempts
to have the vehicle removed from the facility that were addressed to the vehicle owner of record and any known lienholders and sent
by certified mail or commercial courier whose regular business is delivery service and that provides proof of delivery.
(59 Del. Laws, c. 541, § 1; 63 Del. Laws, c. 53, § 2; 71 Del. Laws, c. 57, §§ 1, 2; 80 Del. Laws, c. 328, § 1; 81 Del. Laws, c. 319, §
1.)
§ 2513. Duty of owner or holder of certificate of title in reference to stolen vehicles.
Whenever any motor vehicle for which a title has been issued by the Department, whether such vehicle is registered or unregistered,
is stolen, the owner or holder of the certificate of title shall, within 30 days of such theft, in addition to complying with all the other
provisions of this chapter, send the certificate of title of the stolen vehicle to the Department or an authorized representative thereof. If
the stolen vehicle is recovered after the title has been sent to the Department, the Department shall return the title at no cost to the owner
or former holder of the certificate of title within 10 days after receiving a request therefor from such owner or former holder.
(59 Del. Laws, c. 541, § 2.)
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Title 21 - Motor Vehicles
§ 2514. Sale of used taxicabs; notice; inspection; penalty.
(a) No person shall knowingly offer for sale or exchange in this State any motor vehicle which was previously licensed and used
as a taxicab or for public transportation until the certificate of title for such motor vehicle has been surrendered to the Secretary of
Transportation and until the Secretary has stamped in a conspicuous place on such certificate of title the designation “PREV TAXI.”
(b) No taxicab or other vehicle which was previously used for public transportation shall be sold to any person until such vehicle
has been examined and determined safe and fit for operation and found equipped according to law by the agents of the Secretary of
Transportation of this State. In the event such vehicle is found to be in an unsafe condition or the required equipment is not present or
is not in proper repair and adjustment, the Secretary or the Secretary’s agent shall give a written notice of the unsafe condition to the
owner of the motor vehicle. In event the taxicab or motor vehicle is not placed in a safe condition and equipped according to law, the
Department shall rescind, cancel or suspend the registration of such vehicle.
(c) Any person who sells a motor vehicle contrary to this section and every officer, agent or employee of any person, firm or corporation
and every person who shall sell or who shall authorize, direct, aid in or consent to the sale of a motor vehicle contrary to the provisions
of this section shall be fined not more than $1,000 or be imprisoned not more than 1 year, or both.
(64 Del. Laws, c. 466, § 13; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, §§ 48, 49.)
§ 2515. Sale of motor vehicles lacking catalytic converters.
(a) No person shall sell a motor vehicle from which the catalytic converter has been removed without first advising the purchaser in
writing and obtaining the purchaser’s signature upon said notification that the catalytic converter is missing and that the vehicle may not
pass inspection. It shall be a defense to any cause of action brought pursuant to this section if the motor vehicle was not required by federal
laws or regulations to have a catalytic converter as part of its equipment.
(b) Any person who sells a motor vehicle in violation of this section shall make restitution to the purchaser in an amount reasonably
necessary to pay for:
(1) Parts and labor to replace the catalytic converter; and
(2) All reasonable costs and attorneys’ fees for bringing an action pursuant to this section.
(70 Del. Laws, c. 429, § 1.)
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Part II
Registration, Title and Licenses
Chapter 26
Uniform Commercial Driver License Act
§ 2601. Short title.
This chapter may be cited as the “Uniform Commercial Driver License Act.”
(67 Del. Laws, c. 157, § 1.)
§ 2602. Statement of intent and purpose.
(a) The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub.
Law 99-570) [49 U.S.C. § 521, Appendix §§ 2304, 2701-2716; repealed] and reduce or prevent commercial motor vehicle accidents,
fatalities and injuries by:
(1) Permitting commercial drivers to hold only 1 license;
(2) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;
(3) Strengthening commercial driver licensing and testing standards.
(b) This chapter is a remedial law and shall be liberally construed to promote the public health, safety and welfare. To the extent
that this chapter conflicts with general driver licensing provisions, this chapter prevails. Where this chapter is silent, the general driver
licensing provisions apply.
(67 Del. Laws, c. 157, § 1.)
§ 2603. Definitions.
Notwithstanding any other provision of this title, the following definitions apply to this chapter:
(1) “Alcohol” means any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol and
isopropanol.
(2) “Alcohol concentration” means:
a. The number of grams of alcohol per 100 milliliters of blood; or
b. The number of grams of alcohol per 210 liters of breath.
(3) “Alien” means any person not a citizen or national of the United States.
(4) “CDL downgrade” means either:
a. Except where otherwise provided in this title, the Division allows the driver to change his or her self-certification to interstate
but operating exclusively in transportation or operation excepted from 49 C.F.R. Part 391, as provided in § 390.3(f), § 391.2, §
391.68, or § 398.3;
b. The Division allows the driver to change his or her self-certification to intrastate only if the driver is physically qualified for
intrastate-only driving under § 4704(b) of this title;
c. The Division allows the driver to change his or her certification to intrastate but operating exclusively in transportation or
operations excepted under § 4704(c)(1)or (2) of this title driver physical qualification requirements; or
d. The Division removes the CDL privilege from the driver license.
(5) “CDLIS driver record” means the electronic record of the individual CDL driver’s status and history stored by the state of record
as part of the Commercial Driver’s License Information System (CDLIS) established under 49 U.S.C. § 31309.
(6) “CDLIS motor vehicle record” means a report generated from the CDLIS driver record meeting the requirements for access to
CDLIS information and provided by states to users authorized in 49 C.F.R. § 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. §§ 2721-2725, and § 305 of this title.
(7) “Commercial learner permit” (CLP) means a permit issued pursuant to § 2608(d) of this title.
(8) “Commercial driver license” (CDL) means a license issued in accordance with the requirements of this chapter to an individual
which authorizes the individual to drive a certain class of commercial motor vehicle.
(9) “Commercial driver license information system” (CDLIS) means the information system established pursuant to the CMVSA to
serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(10) “Commercial motor vehicle (CMV)” means a motor vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle
a. Has a gross combination weight rating (GCWR) of 26,001 pounds or more inclusive of a towed unit(s) with a gross vehicle
weight rating (GVWR) of more than 10,000 pounds; or
b. Has a gross vehicle weight rating (GVWR) of 26,001 pounds or more; or
c. Is designed to transport 16 or more passengers, including the driver; or
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d. Is of any size and is used in the transportation of hazardous materials.
(11) “Controlled substance” means any substance so classified under § 102(6) of the Controlled Substances Act (21 U.S.C. §
802(6)), and includes all substances listed on Schedules I through V, of 21 C.F.R. part 1308, as they may be revised from time to time.
(12) “Conviction” means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited
to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court
cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(13) “Disqualification” means any of the following actions:
a. The suspension, revocation, or cancellation of a CDL or CLP by the state or jurisdiction of issuance.
b. Any withdrawal of a person’s privileges to drive a Commercial Motor Vehicle (CMV) by a state or other jurisdiction as the
result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect
violations).
c. A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under Part 391 of 49 C.F.R.
(14) “Drive” means to drive, operate or be in physical control of a motor vehicle.
(15) “Driver” means any person who drives, operates, or is in physical control of a commercial motor vehicle, or who is required
to hold a commercial driver license.
(16) “Driver license” means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle.
(17) “Driving a commercial motor vehicle while under the influence of alcohol” means committing any one or more of the following
acts in a CMV:
a. Driving a CMV while the person’s alcohol concentration is 0.04 or more;
b. Driving under the influence of alcohol as prescribed by state law; or
c. Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of § 383.51(b) or § 392.5(a)
(2) of 49 C.F.R.
(18) “Employer” means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a
commercial motor vehicle, or assigns a person to drive a commercial motor vehicle.
(19) “Excepted interstate commerce” means a CDL/CLP applicant must certify that he or she operates or expects to operate in
interstate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. § 390.3(f), § 391.2, § 391.68,
or § 398.3 from all or parts of the qualification requirements of 49 C.F.R. Part 391 and is, therefore, not required to obtain a federal
medical examiner’s certification by 49 C.F.R. § 391.45.
(20) “Excepted intrastate commerce” means a CDL/CLP applicant must certify that he or she operates in intrastate commerce
but engages exclusively in transportation or operations excepted from all or parts of the Delaware’s driver medical qualification
requirements in §§ 2621 and 4704(c)(2) of this title.
(21) “Fatality” means the death of a person as a result of a motor vehicle accident.
(22) “Felony” means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding 1 year.
(23) “FMCSA” means Federal Motor Carrier Safety Administration.
(24) “Foreign jurisdiction” means any jurisdiction other than a state of the United States or District of Columbia.
(25) “Gross vehicle weight rating” (GVWR) means the value specified by the manufacturer or manufacturers as the maximum loaded
weight of a single vehicle. The GVWR of a combination (articulated) vehicle (commonly referred to as the “Gross Combination Weight
Rating” or “GCWR”) is the GVWR of the power unit plus the GVWR of the towed unit or units.
(26) “Hazardous material” means any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be
placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.
(27) “Human trafficking” means as “human trafficking” is defined in § 787 of Title 11.
(28) “Imminent hazard” means the existence of a condition relating to hazardous material that presents a substantial likelihood that
death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the
reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.
(29) “Issue and issuance” means initial licensure, license transfers, license renewals, license upgrades, and nonresident commercial
driver’s licenses.
(30) “Major traffic violation” means any conviction defined as “major” as specified by 49 C.F.R. § 383.51(b) Table 1.
(31) “Manual transmission” means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gearshift
mechanism either operated by hand or foot.
(32) “Measurable amount of alcohol” means the alcohol concentration of the person’s blood or breath is equal to or greater than
0.02 but less than 0.04.
(33) “Medical examiner” for purposes of conducting U.S. Department of Transportation physical examination for CMV certification
means a person who is licensed, certified, and/or registered, in accordance with applicable state laws and regulations, to perform physical
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examinations. The term includes but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice
nurses, and doctors of chiropractic. For medical examinations conducted on and after May 21, 2014, a medical examiner must be
certified by FMCSA and listed on the National Registry of Certified Medical Examiners as defined in this section.
(34) “Medical variance” means a driver has received 1 of the following from FMCSA that allows the driver to be issued a medical
certificate:
a. An exemption letter permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. Part 381, Subpart C, or § 391.64;
b. A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. § 391.49.
(35) “Motor vehicle” means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained
from overhead trolley wires but not operated upon rails, except vehicles moved solely by human power, motorized wheel chairs, farm
implements of husbandry, mopeds, tripeds and OHVs.
(36) “Motor vehicle record” means the report of the driving status and history of a driver generated from the driver record, provided
to users, such as drivers or employers, and subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. §§ 2721-2725
and § 305 of this title.
(37) “National Registry of Certified Medical Examiners” means a program administered by the Federal Motor Carrier Safety
Administration (FMCSA) that establishes requirements for healthcare professionals who perform physical qualification examinations
for commercial motor vehicle (CMV) drivers. All healthcare professionals whose scope of practice authorizes them to perform physical
examinations and who intend to perform physical examinations and issue medical certificates for CMV drivers to meet the requirements
of § 391.41 of the Federal Motor Carrier Safety Regulations (FMCSRs) [49 C.F.R. § 391.41] must be certified and listed on FMCSA’s
National Registry no later than May 21, 2014.
(38) “Non-CMV” means a motor vehicle or combination of motor vehicles not defined by the term “commercial motor vehicle
(CMV)” in this section.
(39) “Non-domiciled CDL” means a CDL or CLP issued by a state under either of the following 2 conditions:
a. To an individual domiciled in a foreign country meeting the requirements of § 383.23(b)(1) of 49 C.F.R.
b. To an individual domiciled in another state meeting the requirements of § 383.23(b)(2) of 49 C.F.R.
(40) “Non-excepted interstate commerce” means a CDL/CLP applicant must certify that he or she operates or expects to operate in
interstate commerce, is both subject to and meets the qualification requirements under 49 C.F.R. Part 391, and is required to obtain a
federal medical examiner’s certification by 49 C.F.R. § 391.45.
(41) “Non-excepted intrastate commerce” means a CDL/CLP applicant must certify that he or she operates only in intrastate
commerce and, therefore, is subject to the Delaware driver medical qualification requirements in § 4704(a), (b), and (c)(1) of this title.
(42) “Out-of-service order” means a declaration by the Federal Highway Administration or an authorized enforcement officer of
a federal, state, local or governmental agency from Puerto Rico, Canada or Mexico that a driver or a commercial motor vehicle or
motor carrier operation (as defined in the Federal Motor Carrier Safety Regulations [49 C.F.R. Part 390]) is out-of-service pursuant
to § 386.72 (imminent hazard), § 392.5 (intoxicating beverage), § 395.13 (drivers declared out-of-service) or § 396.9 (inspection of
motor vehicles in operation) of the Federal Motor Carrier Safety Regulations or comparable laws of any governmental agency referred
to above or the North American Uniform Out-of-Service Criteria.
(43) “Railroad-highway grade crossing violation” means any conviction defined as “railroad-highway grade crossing” as specified
by 49 C.F.R. 383.51(d) Table 3.
(44) “School bus” means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from
home to school, from school to home, or to and from school-sponsored events, or any vehicle which meets the regulatory requirements
adopted by the Department of Education with the advice of the Division of Motor Vehicles as specified under § 2901 of Title 14.
“School bus” does not include a bus used as a common carrier.
(45) “Serious traffic violation” means any conviction defined as “serious,” specified by 49 C.F.R. § 383.51(c) Table 2.
(46) “State” for the purpose of this chapter means a state, territory or possession of the United States, the District of Columbia, the
Republic of Mexico, the Commonwealth of Puerto Rico and any province of the Dominion of Canada.
(47) “Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank
or tanks, having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that
is either permanently or temporarily attached to the vehicle or chassis.
(48) “United States” means the 50 states and the District of Columbia.
(67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 87, §§ 1, 2; 73 Del. Laws, c. 345, § 1; 74 Del. Laws, c. 216,
§§ 1-3; 74 Del. Laws, c. 217, §§ 1-8; 75 Del. Laws, c. 391, §§ 1, 2; 77 Del. Laws, c. 311, § 1; 77 Del. Laws, c. 312, § 9; 78 Del.
Laws, c. 87, § 1; 79 Del. Laws, c. 214, § 1; 79 Del. Laws, c. 279, § 7; 81 Del. Laws, c. 79, § 34; 82 Del. Laws, c. 252, § 1.)
§ 2604. Limitation on number of driver licenses.
No person who drives a commercial motor vehicle may have more than 1 driver license.
(67 Del. Laws, c. 157, § 1.)
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§ 2605. Notification required by driver.
(a) Notification of convictions. — (1) To State. — Any driver holding a commercial driver license issued by this State, who is convicted
of violating any state law or local ordinance relating to motor vehicle traffic control, in this or any other state, other than parking violations,
shall notify the Division of Motor Vehicles in the manner specified by the Division of Motor Vehicles within 30 days of the date of
conviction.
(2) To Employers. — Any driver holding a commercial driver license issued by this State, who is convicted of violating any state
law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, must notify the
person’s employer in writing of the conviction within 30 days of the date of conviction.
(b) Notification of suspensions, revocations and cancellations. — Each driver whose driver license is suspended, revoked, or canceled
by any state, or who loses the privilege to drive a commercial motor vehicle in any state, for any period, including being disqualified from
driving a commercial motor vehicle, or who has been issued an out of service order, must notify the person’s employer of that fact before
the end of the business day following the day the driver received notice of that fact.
(c) Notification of previous employment. — (1) Each person who applies to be a commercial motor vehicle driver must provide the
employer, at the time of the application, with the following information for the 10 years preceding the date of application:
a. A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial
motor vehicle;
b. The dates between which the applicant drove for each employer; and
c. The reason for leaving that employer.
(2) The applicant must certify that all information furnished is true and complete.
(3) An employer may require an applicant to provide additional information to substantiate the statements made in conjunction with
this section.
(4) Before an application is submitted, the employer should inform the applicant that the information the applicant provides in
accordance with this section may be used, and the applicant’s previous employers may be contacted for the purpose of investigating
the applicant’s work history.
(67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1.)
§ 2606. Employer responsibilities.
(a) Each employer must require the applicant to provide the information specified in § 2605(c) of this title.
(b) No employer may allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(1) In which the driver has had a CDL/CLP suspended, revoked, or cancelled by any state, is currently disqualified from driving a
commercial vehicle, or has been issued an out of service order in any state; or
(2) In which the driver has more than 1 driver license.
(3) In which the driver does not have a CDL/CLP for the type vehicle the employer requires the driver to drive.
(c) No employer may knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of a
federal, state or local law or regulation pertaining to railroad-highway grade crossing violations.
(d) No employer may knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of
an out-of-service order.
(67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 134, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 345, § 3; 77 Del. Laws, c.
311, § 2; 79 Del. Laws, c. 214, § 2; 79 Del. Laws, c. 279, § 7.)
§ 2607. Commercial driver license required.
(a) Except when driving under a CLP and accompanied by the holder of a commercial driver license valid for the vehicle being driven or
while being tested by the Department for a commercial driver’s license, no person may drive a commercial motor vehicle unless the person
holds a commercial driver license and applicable endorsements valid for the vehicle being driven and is in possession of such license.
(b) No person may drive a commercial motor vehicle while that person’s driving privilege is denied, withdrawn, barred, canceled,
suspended, revoked, or disqualified.
(c) No person may drive a commercial motor vehicle in violation of an out-of-service order.
(d) No person may drive a commercial motor vehicle while an out-of-service order is in effect while transporting hazardous materials
required to be placarded or while operating a vehicle designed to transport 16 or more passengers, including the driver.
(e) Conditional or occupational licenses may not be issued to holders of a CDL or CLP, nor may any person drive a commercial motor
vehicle while in possession of a conditional or occupational license.
(f) Any violation of this section shall be an unclassified misdemeanor, with the penalties set forth in § 2622 of this title.
(67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 134, § 3; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 345, § 4; 75 Del. Laws, c. 391, §
3; 77 Del. Laws, c. 60, § 8; 79 Del. Laws, c. 214, § 3; 79 Del. Laws, c. 279, § 7.)
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§ 2608. Commercial driver license qualification standards.
(a) Testing. — (1) General. — No person may be issued a commercial driver license unless that person is a resident of this State and has
passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established
by federal regulation enumerated in 49 C.F.R. part 383, subparts G and H, and has satisfied all other requirements of the CMVSA in
addition to other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the Division
of Motor Vehicles.
(2) Third-party testing. — The Division of Motor Vehicles may authorize a person, including an agency of this or another state, an
employer, a private driver training facility, or other private institution, or a department, agency or instrumentality of local government,
to administer the skills test specified by this section, provided:
a. The test is the same which would otherwise be administered by the State; and
b. The third party has entered into an agreement with the State which complies with requirements of 49 C.F.R. part 383.75.
(3) Testing by State. — Only an agency of the State, as approved by the Division of Motor Vehicles, shall be permitted to administer
the skills test specified by this chapter.
(b) Waiver of skills test. — The Division of Motor Vehicles may waive the skills test specified in this section for a commercial driver
license applicant who meets the requirements of 49 C.F.R. part 383.77.
(c) Limitations on issuance of license. — A commercial driver license or CLP may not be issued to a person while the person is subject
to a disqualification from driving a commercial motor vehicle, or while the person’s driver license is suspended, revoked, denied or
cancelled in any state; nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other
state unless the person first surrenders all such licenses, which must be returned to the issuing state(s) for cancellation.
(d) Commercial learner permit (CLP). — (1) The issuance of a CLP is a precondition to the initial issuance of a CDL. A CLP may be
issued to an individual who has satisfied all of the following requirements:
a. Is at least 18 years of age.
b. Holds a valid Delaware driver license.
c. Has passed the vision and written tests required for a CDL.
(2) The CLP may be issued for a period that does not exceed 1 year. Only 1 renewal or re-issuance may be granted within a 1-year
period. The 1-year period begins with the issuance date of the original permit. The holder of a CLP may, unless otherwise disqualified,
drive a commercial motor vehicle only when accompanied by the holder of a commercial driver license, valid for the type of vehicle
driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle; provided
that the CLP holder may not operate a commercial motor vehicle transporting hazardous materials as defined in § 2603 of this title.
(3) A CLP holder is not eligible to take the CDL pre-trip, skills or road test in the first 14 days after initial issuance of the CLP.
(4) A CLP holder is eligible to apply for a passenger, school bus, or tank endorsement while holding a CLP provided the written test is
passed for each endorsement prior to the permit issuance. A CLP holder with a passenger or school bus endorsement is prohibited from
carrying passengers or students. A CLP holder with a tank endorsement may only operate an empty tank vehicle. All other endorsements
as defined by 49 C.F.R. § 383.153 are prohibited on a CLP.
(5) The issuance of a CLP is a precondition to the upgrade of a CDL if the upgrade requires a skills test.
(6) Content of CLP. — The commercial learner permit must be marked “Commercial Learner Permit” or “CLP” and must be, to the
maximum extent possible, tamperproof. The CLP must include, but not be limited to, the following information:
a. The name and residential address of the person;
b. The person’s photograph;
c. A physical description of the person including sex, height, weight, and eye color;
d. Date of birth;
e. Any unique number or identifier deemed appropriate by the Division of Motor Vehicles;
f. The person’s signature;
g. The class or type of commercial motor vehicle(s) which the person is authorized to drive together with any endorsements or
restrictions;
h. The name of this State;
i. The issue date of the current license; and
j. The expiration date of the current license.
(7) CLP restrictions. — a. “P” — Restricts the driver from operating CMV with passengers.
b. “X” — Restricts the driver from operating tank vehicle with cargo.
c. “L” — Restricts the driver from operating a vehicle with airbrakes.
d. “V” — Restricts the driver from operating a CMV without a valid medical variance issued by the Federal Motor Carrier Safety
Administration.
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e. “M” — Restricts the driver from operating a Class A passenger vehicle.
f. “N” — Restricts the driver from operating a Class A or B passenger vehicle.
g. “K” — Restricts the driver from operating a CMV out of the State of Delaware.
(67 Del. Laws, c. 157, § 1; 74 Del. Laws, c. 216, § 4; 78 Del. Laws, c. 87, § 1; 79 Del. Laws, c. 214, § 4; 79 Del. Laws, c. 279, §§
1, 7; 82 Del. Laws, c. 253, § 1.)
§ 2609. Non-domiciled CDL or CLP.
(a) The Division of Motor Vehicles may issue a non-domiciled CDL or CLP to an applicant who:
(1) Is domiciled in a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor
vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. Part 383; or
(2) If the applicant is domiciled in a state that is prohibited from issuing CDLs and CLPs in accordance with 49 C.F.R. § 384.405.
The applicant is eligible to obtain a non-domiciled CDL or CLP from any state that complies with testing and licensing standards in
accordance with 49 C.F.R. Part 383, and elects to issue non-domiciled CDLs or CLPs.
(3) The word “non-domiciled” must appear on the face of the non-domiciled CDL or CLP. An applicant must surrender any nondomiciled CDL or CLP issued by another state. Prior to issuing a non-domiciled CDL or CLP, the Division of Motor Vehicles must
establish the practical capability of revoking, suspending, or cancelling the non-domiciled CDL or CLP and disqualifying that person
with the same conditions applicable to the commercial driver license issued to a resident of this State.
(b) [Repealed.]
(67 Del. Laws, c. 157, § 1; 74 Del. Laws, c. 217, § 9; 79 Del. Laws, c. 214, § 5; 79 Del. Laws, c. 279, §§ 2, 7.)
§ 2610. Application for commercial driver license or commercial learner permit.
(a) The application for a commercial driver license or commercial learner permit must include the following:
(1) The full name and current residential and mailing address of the person;
(2) A physical description of the person including sex, height, weight and eye color;
(3) Date of birth;
(4) The applicant’s Social Security number;
(5) The person’s signature;
(6) Certifications including those required by 49 C.F.R. part 383.71(a);
(7) Any other information required by the Division of Motor Vehicles; and
(8) A consent to release driving record information.
(b) Delaware adopts by reference 49 C.F.R. Part 1572. Therefore, if applying for a hazardous materials endorsement, the applicant
must comply with Transportation Security Administration requirements codified in 49 C.F.R. Part 1572, and provide proof of citizenship,
by presenting a United States passport, a certificate of birth that bears an official seal and was issued by a State, county, municipal
authority or outlying possession of the United States, a Certification of Birth Abroad issued by the U.S. Department of State (Form
FS-545 or DS-1350), a Certificate of Naturalization (Form N-550 or N-570), a Certificate of U.S. Citizenship (Form N-560 or N-561) or
immigration status by presenting a Permanent Resident Card, Alien Registration Receipt Card (Form 1-551), Temporary I-551 stamp in
foreign passport, a Temporary 1-551 stamp on Form 1-94, Arrival/Departure Record with photograph of the bearer or a Reentry Permit
(Form 1-327). A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide
that lawful permanent resident’s Bureau of Citizenship and Immigration Services (BCIS) Alien registration number.
(c) The applicant’s noncommercial and commercial driver license from any other jurisdiction must be surrendered to the Division.
(d) The applicant must provide the names of all states where the applicant has previously been licensed to drive any type of motor
vehicle during the previous 10 years.
(e) When the name, residential address, or mailing address of a commercial driver license holder changes, an application for a corrected
license must be made as provided in this title.
(f) No person who has been a resident of this State for 30 days may drive a commercial motor vehicle under the authority of a commercial
driver license issued by another jurisdiction.
(g) Any person who knowingly falsifies information or certifications required under subsection (a) of this section is subject to
disqualification of the person’s CDL or CLP for a period of at least 60 consecutive days and is guilty of perjury and shall be fined or
imprisoned.
(h) If the Division receives credible information that a CLP- or CDL-holder is suspected, but has not been convicted of fraud related
to the issuance of his or her CLP or CDL, the driver must be required to retake the CDL skills and knowledge tests. Within 30 days of
receiving notification from the State that retesting is necessary, the affected CLP or CDL holder must make an appointment or otherwise
schedule to take the next available test. A person’s CLP or CDL will be disqualified if he or she fails to make an appointment within 30
days, does not take the required knowledge or skills test, or fails the knowledge or skills test. Once a CLP or CDL holder’s privileges
have been disqualified, he or she must reapply for a CLP or CDL under state application procedures.
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(i) Any person who has been convicted of fraud related to the issuance, renewal, transfer, or upgrade of a CDL/CLP, other than falsifying
information or certifications as specified in subsection (g) of this section, shall be disqualified for a period of not less than 1 year.
(67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 216, § 5; 74 Del. Laws, c. 217, § 11; 77 Del. Laws, c. 311,
§§ 3, 4; 79 Del. Laws, c. 214, § 6; 79 Del. Laws, c. 279, §§ 3, 7.)
§ 2611. Commercial driver license.
(a) Content of license. — The commercial driver license must be marked “Commercial Driver License” and must be, to the maximum
extent practicable, tamper proof. It must include, but not be limited to, the following information:
(1) The name and residential address of the person;
(2) The person’s photograph;
(3) A physical description of the person including sex, height, weight, and eye color;
(4) Date of birth;
(5) Any unique number or identifier deemed appropriate by the Division of Motor Vehicles;
(6) The person’s signature;
(7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements
or restrictions;
(8) The name of this State;
(9) The issue date of the current license; and
(10) The expiration date of the current license.
(b) Classifications, endorsements and restrictions. — Commercial driver licenses may be issued with the following classifications,
endorsements, and restrictions; the holder of a valid commercial driver license may drive all vehicles in the class for which that license
is issued, and all lesser classes of vehicles except motorcycles and taxicabs which require special endorsements, unless the proper
endorsement appears on the license:
(1) Classification. — a. CDL Class A. — Any combination of vehicles with a GCWR of 26,001 pounds or more, provided the GVWR
of the towed unit(s) is in excess of 10,000 pounds.
b. CDL Class B. — Any single vehicle with a GVWR of 26,001 pounds or more, or any such vehicle towing a vehicle not in
excess of 10,000 pounds.
c. CDL Class C. — Any single vehicle or combination of vehicles with a GVWR of less than 26,001 pounds or any such vehicle
towing a vehicle with a GVWR not in excess of 10,000 pounds that is either designed to transport 16 or more passengers, including
the driver; or used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 C.F.R. Part 172,
subpart F.
(2) Endorsements. — a. “H” — Authorizes the driver to drive a vehicle transporting hazardous materials.
b. “T” — Authorizes driving double and triple trailers.
c. “P” — Authorizes driving vehicles carrying passengers.
d. “N” — Authorizes driving tank vehicles.
e. “X” — Represents a combination of hazardous materials and tank vehicle endorsements.
f. “S” — Authorizes driving school buses.
(3) Restrictions. — a. “L” — Restricts the driver from operating vehicles equipped with airbrakes.
b. “Z” — Restricts the driver from operation of full air brake system vehicles.
c. “E” — Restricts the driver from operation of manual transmission vehicles.
d. “O” — Restricts the driver from operating tractor-trailer CMVs.
e. “M” — Restricts the driver from operating a Class A passenger vehicle.
f. “N” — Restricts the driver from operating a Class A or B passenger vehicle.
g. “K” — Restricts the driver from operating a CMV outside the State of Delaware.
h. “V” — Restricts the driver from operating a CMV without a valid medical variance issued through the Federal Motor Carrier
Safety Administration.
(c) Applicant record check. — Before issuing a commercial driver license or permit to any person, the Division will perform a records
check of the commercial driver license information system, the national driver register’s problem driver pointer system, and/or any other
information system designated by federal regulation to confirm the holder’s identity and determine the applicant’s license eligibility. The
records check will be performed no earlier than 24 hours prior to the issuance of a commercial driver license or permit. A commercial
driver license will not be issued before these mandatory record checks are completed.
(d) License surrender. — A commercial driver license or permit may not be issued to a person who has a CDL or a driver’s license
issued by another state unless the person first surrenders all such licenses. The Division will either return the surrendered license to the
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issuing state for cancellation or the Division will destroy the surrendered license document and notify the previous issuing state that the
person is now licensed in this State.
(e) Notification of license issuance. — Within 10 days after issuing a commercial driver license or commercial learner permit, the
Division of Motor Vehicles must notify the commercial driver license information system of that fact, providing all information required
to ensure identification of the person. In the case of transfer issuances, the Division will also implement change state of record transactions
in the commercial driver license information system, thereby notifying the commercial driver license information system and the previous
state of record that Delaware is now the state of record.
(f) Expiration of license. — Upon receipt of the application and fee and after such examination as provided in this chapter, the Division
shall issue, if the applicant has complied with the provisions of this title, a commercial motor vehicle driver license which shall expire
and be renewable on the eighth anniversary date of the birth of the applicant next following the date of its issuance unless the birth date is
February 29, in which event the license shall expire and be renewable on February 28 every eighth year. Notwithstanding the provisions
of the first sentence of this subsection, the Secretary shall issue a commercial motor vehicle driver license endorsed for the transport of
hazardous materials for a period of 5 years or less to coincide with the expiration of the Transportation Security Administration approval
for the driver to transport hazardous materials.
(g) License transfer and renewal procedures. — Every person applying for a license transfer or renewal of a commercial driver license
must complete the application form required by § 2610(a) of this title providing updated information and required certifications, supplying
any CDL issued by the previous state, and provide the names of all States where the applicant has previously been licensed to drive any
type of motor vehicle during the previous 10 years. If the applicant wishes to retain a hazardous materials endorsement, the applicant
must have passed the tests required by 49 C.F.R. § 383.121. At the time of application for a transfer, the applicant shall appear and be
photographed.
(h) Fees. — (1) The fee for a commercial motor vehicle driver license shall be $48 except when the commercial motor vehicle driver
license is endorsed for the transport of hazardous materials in which event the fee shall be $30. The fee for a non-CDL Class A or nonCDL Class B driver license shall be $40.
(2) The fee for renewal of a commercial motor vehicle driver license shall be $48 except when the commercial motor vehicle driver
license is endorsed for the transport of hazardous materials in which event the fee shall be $30. The fee for renewal of a non-CDL Class
A or non-CDL Class B driver license shall be $40. A late fee of $10 shall be assessed in addition to the renewal fee for every person
whose commercial motor vehicle driver license has expired.
(3) The fee for changing from 1 class to another class shall be $10, if the change requires a written examination or skills test. There
shall be no fee assessed if the driver wishes to change to a class of a lower weight vehicle and such change is made at time of renewal
of license.
(4) If the applicant wishes to add an endorsement after a commercial driver license has been issued, the fee for adding such
endorsement shall be $5.00.
(5) [Repealed.]
(i) Compliance with the Military Selective Service Act. — (1) Any male applicant who applies for a commercial driver license instruction
permit or license or a renewal of any such permit or license and who is at least 18 years of age but less than 26 years of age shall be
registered in compliance with the requirements of § 3 of the “Military Selective Service Act,” 50 U.S.C. App. § 453, as amended.
(2) The Department shall forward in an electronic format the necessary personal information of the applicants identified in paragraph
(i)(1) of this section to the selective service system. The applicant’s signature on the application shall serve as an indication that the
applicant either has already registered with the selective service system or that the applicant is authorizing the Department to forward
to the selective service system the necessary information for such registration. The Department shall notify the applicant at the time
of application that the applicant’s signature constitutes consent to registration with the selective service system, if the applicant is not
already registered.
(67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 134, § 4; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 56, § 3; 72 Del. Laws, c. 485,
§ 1; 74 Del. Laws, c. 110, § 50; 74 Del. Laws, c. 216, § 6; 74 Del. Laws, c. 217, §§ 12, 13; 75 Del. Laws, c. 183, § 1; 75 Del.
Laws, c. 220, § 3; 75 Del. Laws, c. 391, §§ 4, 9; 76 Del. Laws, c. 76, §§ 19, 20; 76 Del. Laws, c. 81, § 29; 78 Del. Laws, c. 8, §§
1-4; 78 Del. Laws, c. 87, § 2; 79 Del. Laws, c. 214, § 7; 79 Del. Laws, c. 279, §§ 4, 7; 80 Del. Laws, c. 77, § 5; 80 Del. Laws, c.
341, § 1.)
§ 2612. Disqualification and cancellation.
(a) A person operating a CMV while either holding a CDL, CLP, or being required to hold a CDL, CLP, or any CDL or CLP holder
operating a non-CMV shall be disqualified from driving a commercial motor vehicle for a period of not less than 1 year if convicted of
a first violation of the following in accordance with 49 C.F.R. § 383.51, Table 1:
(1) Driving, operating or having in physical control a noncommercial vehicle or a commercial motor vehicle, under the influence of
alcohol or a controlled substance, or any drug which impairs driving ability.
(2) Driving, operating or having in physical control a commercial motor vehicle while the alcohol concentration of the person’s
blood or breath is 0.04 or more.
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(3) Knowingly and wilfully leaving the scene of an accident.
(4) Using a motor vehicle in the commission of any felony as defined in this chapter.
(5) Refusal to submit to a breath or blood test to determine the driver’s alcohol concentration while driving, operating or having
in physical control a motor vehicle.
(6) Using the vehicle to commit a felony, other than a felony described in subsection (d) of this section.
(7) Driving a commercial motor vehicle when, as a result of prior violations committed operating a commercial motor vehicle, the
driver’s CDL or CLP is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle.
(8) Causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to crimes of motor
vehicle manslaughter, homicide by motor vehicle and negligent homicide.
If any of the above violations occurred while transporting a hazardous material required to be placarded, the person shall be disqualified
for a period of 3 years.
(b) A person is disqualified for life if convicted of 2 or more violations of any of the offenses specified in subsection (a) of this section,
or any combination of those offenses, arising from 2 or more separate incidents.
(c) The Division of Motor Vehicles may issue regulations establishing guidelines, including conditions, under which a disqualification
for life under subsection (b) of this section may be reduced to a period of not less than 10 years.
(d) A person is disqualified from driving a commercial motor vehicle for life who uses a motor vehicle as follows:
(1) In the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance or possession
with intent to manufacture, distribute, or dispense a controlled substance.
(2) In the commission of a felony involving human trafficking.
(e) A person is disqualified from driving a commercial motor vehicle for a period of 60 days if convicted of 2 serious traffic violations,
or 120 days if convicted of 3 or more serious traffic violations, committed in a commercial motor vehicle arising from separate incidents
occurring within a 3-year period or committed while operating a noncommercial motor vehicle if the conviction results in the revocation,
cancellation, or suspension of the person’s license or noncommercial motor vehicle driving privileges. The 120-day disqualification period
must be served in addition to any other previous period of disqualification. Serious traffic violations for purposes of this section shall be
those violations as specified in 49 C.F.R. § 383.51, Table 2.
(f) After suspending, revoking, or canceling a commercial driver license or commercial learner permit, the Division of Motor Vehicles
must update its records to reflect that action within 10 days. After suspending, revoking or canceling a nonresident commercial driver’s
privileges, the Division of Motor Vehicles must notify the licensing authority of the state which issued the commercial driver license or
commercial learner permit within 10 days.
(g) A person who has been disqualified from operating a commercial motor vehicle pursuant to this chapter may be issued a license
to operate a noncommercial motor vehicle during such disqualification period provided such person is not otherwise suspended, revoked
or canceled pursuant to this title.
(h) After September 30, 1997, a driver who is convicted of violating an out-of-service order is disqualified for the following periods
in accordance with 49 C.F.R. § 383.51, Table 4:
(1) First violation. — A driver shall be disqualified for a period of not less than 180 days or more than 1 year if the driver is convicted
of a first violation of an out-of-service order. If any such driver is transporting hazardous materials required it be placarded under the
Hazardous Materials Transportation Act [§§ 8223 to 8230 of Title 29] or is operating a motor vehicle designed to transport more than
15 passengers, including the driver, that driver shall be disqualified for a period of not less than 180 days nor more than 2 years.
(2) Second violation. — A driver shall be disqualified for a period of not less than 2 years nor more than 5 years if, during any
10-year period, the driver is convicted of 2 violations of out-of-service orders in separate incidents. If any such driver is transporting
hazardous materials required to be placarded under the Hazardous Materials Transportation Act [§§ 8223 to 8230 of Title 29] or is
operating a motor vehicle designed to transport more than 15 passengers, including the driver, that driver shall be disqualified for a
period of not less than 3 years nor more than 5 years.
(3) Third or subsequent violations. — A driver shall be disqualified for a period of not less than 3 years nor more than 5 years; if,
during any 10-year period the driver is convicted of 3 or more violations of out-of-service orders in separate incidents.
(4) Additional penalties. — In addition to the disqualification, drivers convicted of violating an out-of-service order shall be fined not
less than $2,500 nor more than $3,500 for a first conviction and not less than $5,000 nor more than $6,000 for a second or subsequent
conviction within a 10-year period. Employers convicted of violating an out-of-service order shall be fined not less than $2,750 nor
more than $25,000.
(i) A driver who is convicted of a railroad-highway grade crossing violation shall be disqualified for the following periods in accordance
with 49 C.F.R. § 383.51, Table 3:
(1) First violation. — A driver must be disqualified for not less than 60 days if the driver is convicted of a first violation of a railroadhighway grade crossing violation.
(2) Second violation. — A driver must be disqualified for not less than 120 days if, during any 3-year period, the driver is convicted
of a second railroad-highway grade crossing violation in a separate incident.
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(3) Third or subsequent violation. — A driver must be disqualified for 1 year if, during any 3-year period, the driver is convicted of
a third or subsequent railroad-highway grade crossing violation in a separate incident.
(4) Employer penalties. — An employer who is convicted of a railroad-highway grade crossing violation will be subject to a civil
penalty of not more than $10,000 in accordance with 49 C.F.R. § 383.53.
(j) The Division of Motor Vehicles will disqualify a Delaware CDL licensee or CLP holder if the Federal Motor Carrier Safety
Administrator declares the licensee not qualified and orders disqualification for them.
(67 Del. Laws, c. 157, § 1; 71 Del. Laws, c. 87, § 3; 73 Del. Laws, c. 345, § 2; 74 Del. Laws, c. 217, § 10; 75 Del. Laws, c. 186,
§§ 1, 2; 75 Del. Laws, c. 391, § 5; 76 Del. Laws, c. 348, §§ 1-3; 79 Del. Laws, c. 214, § 8; 79 Del. Laws, c. 279, §§ 5-7; 82 Del.
Laws, c. 252, § 2.)
§ 2613. Prohibited alcohol offenses for commercial motor vehicle drivers.
(a) Notwithstanding any other provision of this title, a person may not drive, operate, or be in physical control of a commercial motor
vehicle within this State while having any measurable amount of alcohol in the person’s system.
(b) A person who drives, operates, or is in physical control of a commercial motor vehicle within this State while having any measurable
amount of alcohol in the person’s system or who refuses to submit to an alcohol test as provided by § 2614 of this title, must be placed
out of service for 24 hours.
(c) Any person who drives, operates or is in physical control of a commercial motor vehicle within this State with an alcohol
concentration of 0.04 or more must, in addition to any other sanctions which may be imposed under this title, be disqualified from driving
a commercial motor vehicle under § 2612 of this title.
(d) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177M of
this title or a local ordinance substantially conforming thereto, and the person was arrested on that occasion for a violation of § 4177M
of this title or a local ordinance substantially conforming thereto, the Secretary shall disqualify the person’s commercial driver license
and/or driving privileges in accordance with provisions specified in § 2612(a) and (b) of this title.
(e) Any violation of this section shall be an unclassified misdemeanor, with the penalties set forth in § 2622 of this title.
(67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 60, § 9; 77 Del. Laws, c. 311, § 5.)
§ 2614. Implied consent requirements for commercial motor vehicle drivers.
(a) A person who drives a commercial motor vehicle within this State is deemed to have given consent, subject to provisions of this
title, to take a test or tests of that person’s blood or breath for the purpose of determining that person’s alcohol concentration, or the
presence of other drugs.
(b) A test or tests may be administered at the direction of a law-enforcement officer, who after stopping or detaining the commercial
motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol or drugs
in the driver’s system.
(c) A person requested to submit to a test as provided in subsection (a) of this section must be warned by the law-enforcement officer
requesting the test, that a refusal to submit to the test will result in that person being immediately placed out of service for a period of 24
hours and being disqualified from operating a commercial motor vehicle for a period of not less than 1 year under § 2612 of this title.
(d) If the person refuses testing, or submits to a test which discloses an alcohol concentration of 0.04 or more, the law-enforcement
officer must submit a sworn report to the Division of Motor Vehicles certifying that the test was requested pursuant to subsection (a) of
this section and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of 0.04 or more.
(e) Upon receipt of the sworn report of a law-enforcement officer submitted under subsection (d) of this section, the Division of Motor
Vehicles must disqualify the driver from driving a commercial motor vehicle under § 2612 of this title.
(67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1.)
§ 2615. Notification of traffic convictions.
(a) Whenever a person who holds a CDL from another state is convicted of a violation of this State or local law relating to motor
vehicle traffic control (other than a parking violation), in any type of vehicle, the Division must notify the licensing entity in the State
where the driver is licensed of this conviction within 30 days of the conviction, except beginning on September 30, 2008, the notification
must be made within 10 days of the conviction.
(b) Whenever a person who does not hold a CDL or CLP but is licensed to drive by another State and is convicted of a violation of this
State or local law relating to motor vehicle traffic control (other than a parking violation), in a CMV, the Division must notify the licensing
entity in the State where the driver is licensed of this conviction within 30 days of the conviction, except beginning on September 30,
2008, the notification must be made within 10 days of the conviction.
(c) Whenever the Division receives notification of failure to appear, failure to pay, or failure to comply from a Delaware court or from
any other state for a violation relating to motor vehicle traffic control (other than a parking violation) the failure to appear, failure to pay,
or failure to comply will be posted to the driver’s record as a conviction under the following conditions:
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(1) For any person operating a CMV while either holding a CDL/CLP or being required to hold a CDL/CLP; or
(2) For any CDL/CLP holder operating any type of vehicle.
(d) Whenever an unlicensed driver from this State is convicted of any violation as provided in § 2612 of this title, the Division
will establish a driving record in the person’s name and, if appropriate, withdraw the person’s driving privileges by license suspension,
revocation, disqualification, cancellation or denial when authorized by statute or Division policy. Those persons whose driving privileges
are withdrawn under this section will be reinstated when they have completed the reinstatement procedures specified in statute or Division
policy.
(67 Del. Laws, c. 157, § 1; 75 Del. Laws, c. 391, § 6; 77 Del. Laws, c. 311, § 6; 79 Del. Laws, c. 214, § 9; 79 Del. Laws, c. 279,
§§ 6, 7.)
§ 2616. Driving record information to be furnished.
Notwithstanding any other provision of law to the contrary, the Division of Motor Vehicles must furnish full information regarding
the driving record of any person:
(1) To the driver license administrator of any other state, or province or territory of Canada, requesting that information;
(2) To any employer or prospective employer upon request and payment of a fee of $4.00;
(3) To other persons, pursuant to § 305 of this title.
(67 Del. Laws, c. 157, § 1.)
§ 2617. Rulemaking authority.
The Department may adopt any rules and regulations necessary to carry out the provisions of this chapter.
(67 Del. Laws, c. 157, § 1.)
§ 2618. Authority to enter agreements.
The Department may enter into or make agreements, arrangements, or declarations to carry out the provisions of this chapter.
(67 Del. Laws, c. 157, § 1.)
§ 2619. Reciprocity.
(a) Notwithstanding any law to the contrary, a resident of another state who is issued a CDL/CLP or non-domiciled CDL/CLP issued
by that state, or by the Canadian Provinces and Territories in conformity with the Canadian National Safety Code, or a Licencia Federal
de Conductor issued by the United Mexican States, may drive a commercial motor vehicle in this State if the person has a valid CDL/
CLP, or valid non-domiciled CDL/CLP issued by those jurisdictions in accordance with the minimum federal standards for the issuance
of commercial motor vehicle driver licenses, if the person is not suspended, revoked or canceled, and if the person is not disqualified
from driving a commercial motor vehicle, or subject to an “out-of-service” order. A driver holding a commercial driver license issued
under the Canadian National Safety Code or Licencia Federal de Conductor issued by Mexico is prohibited from obtaining non-domiciled
CDL/CLP or any type of Delaware driver license unless the driver becomes a resident of this State and surrenders all driver licenses
issued by Canada or Mexico.
(b) The Division of Motor Vehicles must give all out-of-state convictions full faith and credit and treat them for sanctioning purposes
under this chapter as if they occurred in this State.
(67 Del. Laws, c. 157, § 1; 75 Del. Laws, c. 391, § 7; 79 Del. Laws, c. 214, § 10; 79 Del. Laws, c. 279, §§ 6, 7.)
§ 2620. False statements; incorrect or incomplete information.
(a) Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter
to be sworn to or affirmed is guilty of perjury and shall be fined or imprisoned as are other persons committing perjury.
(b) Whoever provides information that is incorrect or incomplete when applying for a commercial driver’s license is guilty of perjury
and shall be fined or imprisoned as are other persons committing perjury.
(c) Any driver’s license or driving privileges for a person guilty of this section shall be forthwith suspended or canceled.
(67 Del. Laws, c. 157, § 1.)
§ 2621. Waivers for commercial driver license provisions.
(a) The provisions of this chapter are waived for the following specific groups of drivers who operate:
(1) Farm vehicles which are:
a. Controlled and operated by a farmer;
b. Used to transport either agricultural products, farm machinery, farm supplies or both to or from a farm;
c. Not used in the operations of a common or contract motor carrier;
d. Used within 150 miles of the person’s farm; and
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e. Not used for hire.
(2) Firefighting equipment which is:
a. Used by any fire company in this State which is necessary for the preservation of life or property or the execution of emergency
governmental functions, or other authorized uses by the fire company.
b. Being operated by firefighters and other persons qualified to operate the equipment under paragraph (a)(2)a. of this section
when operating such equipment in other functions such as parades, special events, repair, service or other authorized movements.
(3) Commercial motor vehicles for military purposes. This exception is applicable to active duty military personnel; members of the
military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on
part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and
active duty U.S. Coast Guard personnel. This exception is not applicable to U.S. Reserve technicians.
(4) Recreational vehicles or trailers as defined in Chapter 1 of this title, which provide temporary living quarters and are used solely
for recreational purposes.
(5) Emergency mobile communication units operated in relation to a county emergency communication center, the State Police, or
any municipality.
(6) Any other emergency vehicle, as defined by § 4106(e) of this title, used in the preservation of life or property or in the execution
of emergency governmental functions and are equipped with audible and visual signals and are not subject to normal traffic regulation.
(b) When operating a commercial motor vehicle as defined by § 2603 of this title, under the waiver provisions of paragraphs (a)(1),
(2), (5), and (6) of this section, operators are required to hold a non-CDL Class A or non-CDL Class B license. Those drivers holding
non-CDL Class A or non-CDL Class B licenses are limited to operating commercial motor vehicles within the State of Delaware unless
there is a reciprocity agreement with adjoining states. These licenses will be classified in accordance with § 2611(b)(1) of this title.
(67 Del. Laws, c. 157, § 1; 68 Del. Laws, c. 283, §§ 1, 2; 72 Del. Laws, c. 56, §§ 1, 2; 75 Del. Laws, c. 186, § 3; 75 Del. Laws, c.
391, § 8; 76 Del. Laws, c. 233, §§ 1-3, 5; 78 Del. Laws, c. 87, § 1.)
§ 2622. Penalties.
(a) Whoever violates §§ 2604, 2605(b)-(c), 2606, 2607, 2612 and 2613 of this title shall for the first offense be fined not less than
$200 nor more than $2,500. For subsequent offense the person shall be fined not less than $500 nor more than $5,000 or imprisoned for
a term not to exceed 90 days, or both.
(b) This section shall not apply to violations for which a specific penalty is set forth elsewhere in this chapter.
(67 Del. Laws, c. 157, § 1; 76 Del. Laws, c. 348, § 4.)
§ 2623. Other penalties.
(a) Whoever violates this chapter shall for the first offense be fined not less than $50 nor more than $100. For each subsequent like
offense, the person shall be fined not less than $100 nor more than $200, or imprisoned not less than 10 days nor more than 30 days or both.
(b) This section shall not apply to violations for which a specific penalty is set forth elsewhere in this chapter.
(67 Del. Laws, c. 157, § 1.)
§ 2624. Jurisdiction.
Justices of the peace shall have jurisdiction over violations of this chapter.
(67 Del. Laws, c. 157, § 1.)
§ 2625. Masking violations.
The State shall not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent
a CDL/CLP holder’s and CMV driver’s conviction for any violation, in any type of motor vehicle, of a state or local traffic control law
(except a parking violation) from appearing on the driver’s record, whether the driver was convicted for an offense committed in this
State or another state.
(75 Del. Laws, c. 184, § 2; 77 Del. Laws, c. 311, § 7; 79 Del. Laws, c. 214, § 11; 79 Del. Laws, c. 279, §§ 6, 7.)
§ 2626. CDL medical certification requirements.
(a) CDL medical self-certification requirements. — (1) Beginning January 30, 2012, any person applying for an initial CLP/CDL must
self-certify to the Division that he or she is operating commercial motor vehicles in a nonexcepted interstate commerce, excepted interstate
commerce, nonexcepted intrastate commerce or excepted intrastate commerce status.
(2) Existing CDL holders must self-certify to the Division on or after January 30, 2012, but not later than January 30, 2014, that he or
she operates commercial motor vehicles in a nonexcepted interstate commerce, excepted interstate commerce, nonexcepted intrastate
commerce or excepted intrastate commerce status.
(3) It is the responsibility of the CDL/CLP holder to immediately notify the Division if/when his or her medical certification status
changes.
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(b) Medical certification documentation requirements for nonexcepted interstate commerce drivers after January 30, 2012. — (1) Any
person applying for an initial CLP/CDL who certifies that he or she will operate CMVs in nonexcepted, interstate commerce must provide
the Division with the current, original medical examiner’s certificate prepared by a medical examiner who, on and after May 21, 2014, is
currently certified by FMCSA and is listed on the National Registry of Certified Medical Examiners confirming the applicant meets the
minimum physical qualifications for CMV operators in accordance with federal regulations.
(2) On or after January 30, 2012, but not later than January 30, 2014, existing CDL holders must provide the Division with the
current original or copy of the medical examiner’s certificate prepared by a medical examiner who, on and after May 21, 2014, is
currently certified by FMCSA and is listed on the National Registry of Certified Medical Examiners confirming the CDL holder meets
the minimum physical qualifications for CMV operators in accordance with federal regulations.
(3) In order to maintain a medical certification status of certified, the CDL/CLP holder who certifies that he or she will operate
CMVs in nonexcepted interstate commerce must provide the Division with a current original or copy of each subsequent medical
examiner’s certificate prepared by a medical examiner confirming the CDL/CLP holder meets the minimum physical qualifications
for CMV operators in accordance with federal regulations.
(c) CDL/CLP issuance procedures for drivers who after January 30, 2012, self-certify as operating in nonexcepted interstate commerce.
— (1) The Division must verify the driver has self-certified as a nonexcepted interstate commerce operator.
(2) The Division must verify the driver has a “certified” medical status on the medical examiner’s certificate and on the CDLIS
driver record.
(3) In the event that the driver has not self-certified or the medical certification status of the individual is “not-certified,” the applicant
will be denied a CDL/CLP issuance, renewal, upgrade or transfer, and the CDL will be downgraded.
(4) Approximately 60 days before a medical examiner’s certificate expires, the Division will attempt to notify the CDL/CLP holder
requiring him or her to either submit a current medical certificate or self-certify that he or she now operates a CMV in excepted interstate
commerce, nonexcepted intrastate commerce or excepted intrastate commerce. The CDL/CLP will be downgraded no later than 60
days after the CDL/CLP holder’s current medical certification expires or when determined to be “not-certified” if:
a. He or she does not change his or her self-certification to excepted interstate commerce, nonexcepted intrastate commerce, or
excepted intrastate commerce;
b. He or she does not present to the Division a current medical certificate;
c. His or her FMCSA medical variance expires; or
d. The FMCSA notifies the Division that his or her medical variance was removed or rescinded.
(5) Upon notification from the FMCSA that a medical variance has been issued to a CDL/CLP driver, the Division shall file,
electronically or otherwise, medical variance information, the CDLIS driver record will be updated, and the CDL/CLP document will
show a restricted code “V” indicating there is information about a medical variance on the CDLIS driver record. Within 10 calendar
days of receiving information from the FMCSA regarding the issuance or renewal of a medical variance for a driver, the Division must
update the CDLIS driver record to include the medical variance information provided by the FMCSA.
(d) CDL driver physical qualifications and recordkeeping requirements for nonexcepted interstate commerce drivers. — (1) A CDL/
CLP holder who is subject to the physical requirements contained in 49 C.F.R. § 391.41 must not operate a commercial motor vehicle
unless he or she is medically certified as physically qualified to do so, and, except as provided in paragraph (b)(2) of this section, when
on duty, has on his or her person the original or a copy of a current medical examiner’s certificate that he or she is physically qualified
to drive a commercial motor vehicle.
(2) Beginning January 30, 2014, a CDL/CLP holder who has submitted a current medical examiner’s certificate to the Division in
accordance with 49 C.F.R. § 383.71(h) substantiating he or she is medically “certified,” no longer needs to carry on his or her person
the medical examiner’s certificate once the medical certification information is posted on the CDLIS driver record. The Division will
post the medical information in CDLIS within 10 days after the driver submits a current medical certificate. If there is no medical
certification information on that driver’s CDLIS driver record, a current medical examiner’s certificate issued prior to January 30,
2012, will be accepted until January 30, 2014.
(3) A CDL/CLP driver who obtained a medical variance from the FMCSA must continue to have in his or her possession the original
or copy of that medical variance documentation at all times when driving a CMV.
(4) Canadian and Mexican CMV drivers are not required to have in their possession a medical examiner’s certificate if the driver has
been issued and possesses a valid commercial driver license issued by the United Mexican States or Canadian Province or Territory
and whose license and medical status, including any waiver or exemption, can be electronically verified. Drivers from any of the
countries who have received a medical authorization that deviates from the mutually accepted compatible medical standards of the
resident country are not qualified to drive a CMV in the other countries. Canadian and Mexican drivers who do not meet the medical
fitness provisions of their home country for motor carriers are not qualified to drive a CMV in the United States even if that driver
has received a medical variance or waiver. In addition, United States drivers who receive a medical variance from the FMCSA are not
qualified to drive a CMV in Canada or Mexico.
(e) CDL/CLP holders self-certifying that they operate or expect to operate CMVs in excepted interstate commerce must:
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(1) Meet the minimum physical qualifications for CMV operators as determined in 49 C.F.R. § 390.3(f), § 391.2, § 391.68, or §
398.3; and
(2) Self-certify to the Division that that operate or expect to operate CMVs in excepted interstate commerce upon each renewal of
their CDLs.
(f) CDL/CLP holders self-certifying that they operate or expect to operate CMVs in nonexcepted intrastate or excepted intrastate
commerce must:
(1) Meet the minimum physical qualifications for CMV operators as determined in § 4704 of this title;
(2) Self-certify to the Division that they operate or expect to operate CMVs in nonexcepted intrastate or excepted intrastate commerce
upon each renewal of their CDLs;
(3) Meet the minimum physical qualification requirements for CMV operators as determined in subsections (b) through (d) or
subsection (e) of this section before the CDL holders may have the “K” restriction removed from their CDL/CLP.
(g) Release of medical certification information in the CDLIS driver record. — Except where prohibited by § 305 of this title or
Division policies, the following authorized agents may receive CDLIS driver record information:
(1) States. — All information on all CDLIS driver records.
(2) Secretary of Transportation. — All information on all CDLIS driver records.
(3) Driver. — All information on that driver’s CDLIS driver record obtained on the CDLIS motor vehicle record.
(4) Motor carrier or prospective motor carrier. — After the employer or prospective employer notifies the driver, all information
on that driver’s or prospective driver’s CDLIS driver record obtained on the CDLIS motor vehicle record.
(78 Del. Laws, c. 87, § 3; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 214, § 12; 79 Del. Laws, c. 279, §§ 6, 7.)
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Part II
Registration, Title and Licenses
Chapter 27
Driver’s License
Subchapter I
General Provisions
§ 2701. Driving without a license; penalties.
(a) No person shall drive a motor vehicle on a public street or highway of this State without first having been licensed under this chapter,
unless expressly exempt from the licensing requirements.
(1) Those students enrolled in an approved Delaware Department of Education driver education course can drive without a learner’s
permit when under the supervision of a certified driver education teacher.
(2) Failure to adhere to the Level 1 Learner’s Permit restrictions under § 2710(c) of this title or temporary instruction permit
restrictions under § 2712(a) of this title constitutes a violation of this section. Those motor vehicle operators holding a Level 1 Learner’s
Permit or temporary instruction permit who violate this section will be suspended for 2 months for the first offense and 4 months for
any subsequent offenses.
(b) No person shall drive a motor vehicle on a public street or highway of this State after serving a period of suspension, revocation or
license denial, without first having obtained a valid license through proper reinstatement procedures as prescribed by this title.
(c) No person shall drive on a public street or highway of this State a motor vehicle of a class or type for which the person has not
been duly licensed.
(d) No person whose license has expired shall drive a motor vehicle on a public street or highway of this State.
(e) Whoever violates subsection (a) or (b) of this section shall for the first offense be fined not less than $50 nor more than $200. For
each subsequent like offense, the person shall be fined not less than $100 nor more than $500 or imprisoned for a term not to exceed
6 months, or both.
(f) Whoever violates subsection (c) or (d) of this section shall for the first offense be fined not less than $25 nor more than $100. For
each subsequent like offense, the person shall be fined not less than $50 nor more than $100.
(36 Del. Laws, c. 10, § 51; Code 1935, § 5589; 21 Del. C. 1953, § 2701; 55 Del. Laws, c. 313, § 1; 58 Del. Laws, c. 239, § 51; 61
Del. Laws, c. 343, § 1; 65 Del. Laws, c. 503, § 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282, § 7.)
§ 2702. Definitions.
(a) The Division upon issuing a driver’s license shall indicate thereon, in a manner prescribed by the Division, the type or general class
of vehicles the licensee may drive.
(b) The Division shall establish such qualifications as it believes reasonably necessary for the safe operation of the various types, sizes
or combinations of vehicles and shall appropriately examine each applicant according to the type or general class of license applied for.
(c) (1) When the licensee desires to change the type or class of license which the licensee has been issued and such change requires
another examination to be administered, a fee of $10 shall be assessed for such change.
(2) When the licensee desires to add an endorsement or endorsements to the licensee’s license, and the endorsement requires
additional testing, a fee of $5.00 shall be assessed.
(3) These fees shall not be imposed on motorcycle applicants for whom fees are required under § 2703 of this title.
(d) Vehicles driven by minor permit holders. — (1) A “Driver Education Learner’s Permit” authorizes the holder to operate those
vehicles that a holder of a Class D operator’s license can operate.
(2) A “Level 1 Learner’s Permit” authorizes the holder to operate those vehicles referenced under paragraph (d)(1) of this section.
(e) Classifications, endorsements and restrictions. — (1) Class D operator’s license. — Authorizes the license holder to operate any
single vehicle with a GVWR of less than 26,001 pounds or any such vehicle towing a vehicle with a GVWR not in excess of 10,000
pounds. The vehicle must be designed to transport 15 or fewer passengers, including the driver, and they shall not transport hazardous
materials which require the vehicle to be placarded under federal law.
(2) Temporary license. — A temporary license may be issued to the holder of a valid Class D operator’s license or commercial
driver’s license to extend the expiration date, to replace a lost license or in lieu of the Class D or CDL licensing document. A temporary
license or temporary instruction permit may be issued to an unlicensed driver for specialized training.
(3) Temporary instruction permit. — Authorizes the holder to operate those vehicles defined under paragraph (e)(1) of this section.
(4) Commercial driver’s license. — CDL Class A, CDL Class B and CDL Class C licenses are defined in § 2611(b) of this title.
(5) Conditional license. — Limited driving privileges granted under § 2607(b) or § 4177C of this title and § 4767 of Title 16.
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(6) Occupational license. — Limited driving privileges granted under §§ 2118(r), 2607(b) and 2733(g) of this title.
(7) Hardship license. — Limited driving privileges granted under § 2751(s) of this title.
(8) Endorsement and restriction codes. — The Division is authorized to establish endorsement and restriction codes based upon
this title.
(9) Non-CDL Class A or non-CDL Class B license. — Authorizes the holder to operate farm vehicles, fire-fighting equipment, and
other authorized emergency vehicles under the commercial driver license waivers defined in § 2621 of this title.
(10) IID license. — Authorizes the holder to operate a vehicle with full Class D operators driving privileges only when the vehicle
is equipped with an ignition interlock device.
(36 Del. Laws, c. 10, § 62; Code 1935, § 5600; 21 Del. C. 1953, § 2702; 58 Del. Laws, c. 485; 60 Del. Laws, c. 339, § 1; 67 Del.
Laws, c. 157, § 2; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282, § 6; 71 Del. Laws, c. 375, § 1; 72
Del. Laws, c. 92, § 3; 73 Del. Laws, c. 414, § 1; 74 Del. Laws, c. 135, § 3; 74 Del. Laws, c. 273, § 1; 76 Del. Laws, c. 233, § 4;
78 Del. Laws, c. 13, §§ 60, 70; 79 Del. Laws, c. 295, § 1; 79 Del. Laws, c. 396, § 2; 82 Del. Laws, c. 91, § 2; 83 Del. Laws, c. 37, §
24.)
§ 2703. License to operate a motorcycle, motorbike, etc.
(a) No person shall operate a motorcycle, motorbike or other 2-wheeled or 3-wheeled motor-driven vehicle, as defined in § 101(37)
of this title, upon a highway of this State without having been properly licensed and having passed, to the satisfaction of the Department,
an examination testing the person’s ability to operate such vehicle safely. The Department shall place a motorcycle endorsement on the
driver license authorizing the operation of such vehicle. A person who passes an examination administered by the Department on a 3wheeled motorcycle shall have a restriction placed on his or her driver license, in addition to the motorcycle endorsement, limiting him
or her to the operation of 3-wheeled motorcycles. A temporary motorcycle instruction permit can be issued to a person age 18 or older
after passing a written motorcycle examination. This permit expires in 6 months. If for any reason whatsoever the applicant fails to pass
the required road skills examination during the 6-month period granted by the permit, the permit shall be void, and the fee paid therefor
shall be forfeited unless the applicant requests an extension thereof and pays the sum of $5.00. Upon payment of said sum the Division
shall immediately issue 1 extension only of the permit for an additional 6 months. If the applicant fails to pass the required examination
within the additional 6-month period, the permit shall become void. The following provisions shall apply to a person while operating a
motorcycle with a temporary instruction permit for the operation of a motorcycle:
(1) No passengers shall be allowed on the motorcycle;
(2) Operating a motorcycle between sunset and sunrise is prohibited;
(3) A safety helmet and eye protection as approved by the Office of Highway Safety must be worn; and,
(4) Operation is not permitted on the federal interstate highway system.
(b) The initial and subsequent renewal fee for an authorization or endorsement under this section shall be $8.00 when the authorization
or endorsement holder also holds a commercial motor vehicle driver license endorsed for the transport of hazardous materials. Otherwise,
the fee for an initial authorization or endorsement under this section and each renewal shall be $12.
(c) Of each of the initial fees for authorization or endorsement collected pursuant to subsection (b) of this section the sum of $5.00 is
appropriated to the Department of Transportation and shall be placed in a special account to be used only for expenses incurred in the
administration of the motorcycle rider education program. For each fee collected for subsequent renewals pursuant to subsection (b) of this
section, the total of such renewal fee shall also be appropriated to the Department of Transportation to be placed in said special account.
(d) The authorization or endorsement specified in subsection (a) of this section shall not be issued by the Division to any person under
the age of 18 years unless the application therefor is signed both by the applicant and by the parent, guardian or court-ordered custodian
of the applicant with whom the applicant resides in this State.
(1) Nevertheless, if the applicant has no parent, guardian or court-ordered custodian residing in the State to act as that applicant’s
sponsor, another responsible adult person who resides with the applicant in this State who is acceptable to the Secretary of Transportation
may sign the application.
(2) The following sponsors are listed in order of priority:
a. Father or mother of the minor, if both parents are living together within this State and the minor resides with both parents;
b. Father of the minor, if the father is living within this State, and the minor resides with the father only; mother of the minor, if
the mother is living within this State, and the minor resides with the mother only; or the father or mother, if the father or mother live
within this State, and the minor resides with neither parent, and the minor has no legal guardian within this State;
c. Guardian or court-ordered custodian of the minor, duly appointed as such, under the laws of this State; or
d. Any suitable person acceptable to the Secretary of Transportation.
(3) The Department shall not require as a prerequisite to the issuance of a license to a minor under this section, that the father, mother,
guardian or court ordered custodian who signs the minor’s driver license application be present at the time the application is made by
the minor, or sign the application at the offices of the Division of Motor Vehicles. The signing of the application and acknowledgment
thereof by the natural parent, guardian, or court ordered custodian before a notary public or other person authorized to administer oaths
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shall be deemed sufficient to satisfy the requirements of this section. Sponsors designated in paragraph (d)(2)d. of this section shall
sign the minor’s license application in the presence of a Division representative.
(4) The sponsor who signs the motorcycle endorsement application on behalf of a minor can withdraw their sponsorship at any
time until the minor reaches 18 years of age, thereby canceling the minor’s authority to drive a motorcycle. If the court terminates the
custody order and the minor subsequently resides with a parent in this State, then the parent may cancel the driving privileges of the
minor under this section. Once canceled, the applicant can reapply for a motorcycle endorsement when they meet the provisions of
this section and pay the endorsement fee.
(5) It shall be unlawful for any person to sign the application of a minor under this section when such application misstates the age
of the minor or misrepresents themselves or their relationship to the minor. Any person who violates this provision shall be guilty of
a class B misdemeanor. Both the minor applicant and the sponsor’s driver’s license will be suspended for 2 months under § 2733(a)
(5) of this title.
(e) The authorization or endorsement specified in subsection (a) of this section shall not be issued by the Department to any person
under the age of 18 years unless such person:
(1) Complies with subsection (d) of this section; and
(2) Completes a motorcycle rider education program, such program having been approved by the State Department of Transportation
pursuant to this chapter.
(21 Del. C. 1953, § 2702A; 55 Del. Laws, c. 313, § 1; 59 Del. Laws, c. 373, §§ 1, 2; 62 Del. Laws, c. 237, §§ 2, 3; 65 Del. Laws,
c. 27, § 2; 65 Del. Laws, c. 356, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282, §§ 3, 4; 72 Del. Laws, c. 46, § 1; 72 Del.
Laws, c. 225, §§ 1, 2; 72 Del. Laws, c. 344, §§ 3, 4; 74 Del. Laws, c. 110, §§ 51-55; 76 Del. Laws, c. 41, §§ 1, 2; 76 Del. Laws, c.
260, §§ 1-4; 78 Del. Laws, c. 8, §§ 5-7; 78 Del. Laws, c. 212, §§ 1-3; 80 Del. Laws, c. 136, § 1; 80 Del. Laws, c. 168, § 2; 82 Del.
Laws, c. 93, § 1.)
§ 2704. Licenses of new residents; penalty.
(a) Every person desiring to operate a motor vehicle shall, within 60 days after taking up residence in this State, apply to the Secretary
and obtain the proper license.
(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $25 nor more than $100. For each
subsequent like offense, the violator shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than
30 days, or both.
(c) The Division of Motor Vehicles shall provide notice of the obligation to register pursuant to § 4120 of Title 11 to each new resident
applicant for a license to operate a motor vehicle. Every applicant for a driver’s license shall sign an acknowledgment provided by the
Division that the applicant has received notice that registration in compliance with § 4120 of Title 11 is mandatory for any person who
has been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as 1 or
more of the offenses referenced in § 4120(a) of Title 11, and that such registration must occur within 7 days of coming into any county,
city or town in which the applicant temporarily resides or is domiciled for that length of time.
All such signed acknowledgments shall be kept as permanent records by the Division in a format approved by the Director of Historical
and Cultural Affairs, which may include storage on microfiche or other nonpaper forms of permanent retention.
(Code 1935, § 5546A; 48 Del. Laws, c. 293, § 1; 21 Del. C. 1953, § 2703; 57 Del. Laws, c. 670, § 11A; 62 Del. Laws, c. 237, § 4;
64 Del. Laws, c. 466, § 6; 65 Del. Laws, c. 503, § 12; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 397, §§ 20, 21.)
§ 2705. Persons exempt from licensing requirements.
The licensing requirements of this title do not apply to:
(1) An individual while driving or operating a road roller, road machinery or any farm tractor or implement of husbandry temporarily
drawn, moved or propelled on the highways;
(2) A member of the armed forces of the United States who is serving on active duty and any dependent of the member, if:
a. The driver possesses a license to drive issued to the driver by the driver’s state of domicile; and
b. The license authorizes the driver to drive in the driver’s state of domicile vehicles of the class that the driver is driving in this
State; or
(3) For not more than 30 days after the driver returns to the United States, a member of the armed forces of the United States who
is returning from active duty outside the United States and any dependent of the member who is returning from residence with the
member outside the United States, if:
a. The driver possesses a license to drive issued to the driver by the armed forces of the United States in a place outside the
United States; and
b. The license authorizes the driver to drive vehicles of the class that the driver is driving in this State.
(36 Del. Laws, c. 10, § 52; Code 1935, § 5590; 21 Del. C. 1953, § 2704; 62 Del. Laws, c. 237, § 5; 64 Del. Laws, c. 468, § 1; 70
Del. Laws, c. 186, § 1.)
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§ 2706. Nonresident operators.
(a) A nonresident over the age of 16 years who has been duly licensed under a law requiring the licensing of operators in the nonresident’s
home state or country and who has in the nonresident’s immediate possession a valid operator’s license issued to the nonresident in the
nonresident’s home state or country shall be permitted without examination or license under this chapter to drive a motor vehicle upon
the highways of this State.
(b) No nonresident whose home state or country does not require the licensing of operators and who has not been licensed as an operator
in the nonresident’s home state or country shall operate any motor vehicle upon any highway in this State without first making application
for and obtaining a license as an operator as required under this chapter, except that any unlicensed nonresident who is over the age of 16
years and who is the owner of a motor vehicle which has been duly registered for the current registration year in the state or country of
which the owner is a resident may operate such motor vehicle upon the highways of this State for a period of not more than 30 days in any
1 year without making application for or obtaining an operator’s license under this chapter upon condition that the motor vehicle shall
at all times display the license number plate or plates issued therefor in the home state or country of the owner and that the nonresident
owner has in the nonresident’s immediate possession a registration card evidencing such ownership and registration in the nonresident’s
home state or country.
(36 Del. Laws, c. 10, § 53; Code 1935, § 5591; 42 Del. Laws, c. 171, § 1; 21 Del. C. 1953, § 2705; 62 Del. Laws, c. 237, §§ 6-11;
70 Del. Laws, c. 186, § 1.)
§ 2707. License qualifications.
(a) (1) No Class D operator’s license shall be issued to any person under the age of 16 years. A CDL Class A, CDL Class B or CDL
Class C license shall not be issued to any person under 18 years of age nor to any person 18 years of age or older who has not had at
least 1 year’s experience as an operator of a motor vehicle.
(2) No endorsement for “L”, “T”, “P” or “N” shall be issued to any person under 18 years of age or to any person 18 years of
age or older who has not had at least 1 year’s experience as an operator of a motor vehicle. No endorsement of “H” or “X” shall be
issued to any person under 21 years of age or to any person 21 years of age or older who has not had at least 1 year’s experience as
an operator of a motor vehicle.
(b) The Department shall not issue an operator’s or chauffeur’s license to any:
(1) Person whose license has been suspended, during the period for which license was suspended;
(2) Person whose license has been revoked under this chapter until the expiration of 1 year after such license was revoked;
(3) Person whom it has determined is an habitual drunkard or is addicted to the use of narcotic drugs;
(4) Person when in the opinion of the Department such person is a person with a physical or mental disability or disease as will serve to
prevent such person from exercising reasonable and ordinary control over a motor vehicle while operating the same upon the highways;
(5) Person who is unable to understand highway warning or direction signs in the English language;
(6) Person who is subject to loss of consciousness due to disease of the central nervous system, unless such person furnishes the
Department with a certificate of the person’s treating physician, duly licensed to practice medicine and surgery, which certificate states:
“I (name of treating physician) hereby certify that I am the treating physician for (name of person), that I have been the treating
physician for him/her for a period of at least 3 months, that I am aware of his/her medical history, including his/her history with
respect to diseases of the central nervous system, and that such person’s physical or mental disability under sufficient control to
permit him/her to operate a motor vehicle with safety to person and property.”
Each person licensed to operate a motor vehicle on the basis of such certificate shall furnish the Department with a new certificate
each year not later than the last day of the holder’s birth month and not earlier than 45 days before said date. The certificate shall
show that on the basis of an examination within said period a physician duly licensed to practice medicine and surgery has determined
that the physical or mental disability remains under sufficient control to permit the person to operate a motor vehicle with safety to
person and property. Except as provided below, if such certificate is not received by the Department, the Department shall suspend
said license and shall notify its holder.
The above provision of this paragraph notwithstanding, if the person’s treating physician, duly licensed to practice medicine and
surgery, furnishes the Department with a certificate which states:
“(name of treating physician) hereby certify that I am the treating physician for (name of person), that I have been the treating
physician for him/her for a period of at least 3 months, that I am aware of his/her medical history, including his/her history with
respect to any disease of the central nervous system, that such person’s disease no longer requires treatment and that such person
can reasonably be expected to suffer no further losses of consciousness on account of such disease.”;
the Department may find that the person need no longer submit annual certificates of competence to operate a motor vehicle and
shall notify the person accordingly. The Department may at its discretion retain medical consultants to advise it. No physician who
examines a person and provides a certificate in good faith in accordance with this paragraph shall be subject to any civil or criminal
liability on account of having provided the certificate.
(7) Person who has not reached the person’s eighteenth birthday unless such person has either:
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a. Completed a course in driver education in a public or private high school in this State, such course having been approved by
the State Board of Education and meeting the standards for such courses described by that Board; or
b. Been licensed to operate motor vehicles in another state and has completed a course of instruction in driver education and the
safe operation of motor vehicles in a public or private high school outside this State.
(8) Person who has not reached the person’s eighteenth birthday upon notification by the Family Court of the State pursuant to §
1009 of Title 10, for a time set by the Court in its discretion.
(9) Person who has not reached the person’s twenty-first birthday at the time of the offense, who has been convicted of or pleads
guilty to, including a conviction or guilty plea pursuant to § 4767 of Title 16 and qualifying for first offender election under § 4177B
of this title, any of the offenses listed hereinafter or who has been adjudicated delinquent as a result of acts which would constitute
such offense if committed by an adult, for a period of 2 years from the date of sentencing, or until said person’s eighteenth birthday,
whichever is longer. The following shall constitute offenses under this paragraph:
a. Any drug offense under Title 16.
b. Any drug offense under Chapter 5 of Title 11.
c. Driving under the influence of alcohol or drugs as defined in § 4177 of this title.
d. Any offense punishable under the laws of the United States or any state of the United States substantially conforming to the
provisions of the Delaware Code listed in paragraph (b)(9)a., b. or c. of this section.
Upon entry of conviction or adjudication of delinquency for any offense included in this paragraph, the Clerk of the Court or other
person designated by the Court shall forthwith report such conviction or adjudication of delinquency to the Division of Motor Vehicles
for action pursuant to the provisions of this paragraph.
(10) Person, other than those persons covered by paragraphs (b)(8) and (9) of this section, who has been convicted of or pleads guilty
to any of the offenses listed in paragraph (b)(9)a., b., c. or d. of this section, including a conviction or guilty plea pursuant to § 4767
of Title 16 and qualifying for first offender election under § 4177B of this title, or who has been adjudicated delinquent as a result of
acts which would constitute such an offense if committed by an adult, for a period of 6 months after the individual otherwise would
have been eligible to have a driver’s license issued if the individual does not have a driver’s license or reinstated if the driver’s license
of the person has been suspended at the time the person is so convicted.
(11) Person who is the subject of an outstanding capias or bench warrant issued by the Family Court for failure to appear at any
paternity or child support proceeding, or with respect to whom the Department has received notification from the Family Court as
provided in § 516(g) of Title 13, or notice from the Director of the Division of Child Support Services as provided in § 2216 of Title
13 regarding the denial or suspension of a license because of such person’s child support delinquency.
(12) [Repealed.]
(13) Person deemed “not eligible” by a Family Court Judge or Commissioner pursuant to entry into the Family Court Adjudicated
Juvenile Drug Court Program until a further order of the Court permitting licensing.
(36 Del. Laws, c. 10, § 54; Code 1935, § 5592; 41 Del. Laws, c. 228, § 1; 43 Del. Laws, c. 246; 45 Del. Laws, c. 289; 21 Del. C.
1953, § 2706; 49 Del. Laws, c. 57, § 1; 55 Del. Laws, c. 361, §§ 1, 2; 56 Del. Laws, c. 390, § 1; 59 Del. Laws, c. 307, § 3; 59 Del.
Laws, c. 327, § 1; 62 Del. Laws, c. 237, §§ 12-15; 64 Del. Laws, c. 183, § 1; 67 Del. Laws, c. 108, § 1; 67 Del. Laws, c. 157, § 3;
67 Del. Laws, c. 429, §§ 1, 2; 69 Del. Laws, c. 125, § 1; 70 Del. Laws, c. 18, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 452,
§ 3; 70 Del. Laws, c. 471, §§ 1, 2; 71 Del. Laws, c. 107, § 1; 71 Del. Laws, c. 216, § 82; 71 Del. Laws, c. 272, § 3; 72 Del. Laws,
c. 57, § 1; 72 Del. Laws, c. 477, § 2; 73 Del. Laws, c. 34, § 3; 73 Del. Laws, c. 408, § 2; 74 Del. Laws, c. 135, § 4; 78 Del. Laws,
c. 13, § 69; 78 Del. Laws, c. 179, § 270; 79 Del. Laws, c. 371, §§ 17, 18; 80 Del. Laws, c. 234, § 21; 81 Del. Laws, c. 434, § 2; 82
Del. Laws, c. 91, § 2; 83 Del. Laws, c. 37, § 25.)
§ 2708. School bus driver’s qualifications.
(a) No person shall drive, nor shall any contractor or public, parochial or private school, permit any person to drive a school bus
within the State unless such driver has qualified for a commercial driver’s license (CDL) under Chapter 26 of this title, and a school bus
endorsement under this chapter, and other pertinent rules and regulations of the Department. Furthermore, except when in possession of
a CDL permit and undergoing training or evaluation and accompanied by a certified Delaware School Bus Driver Trainer, school bus
drivers shall at all times, while operating or in control of a school bus have in their immediate possession the following:
(1) A properly endorsed and classified Delaware CDL license, with a P (passenger) and S (school bus) endorsement. In exceptional
circumstances, the Department of Education may request that the Department issue a 45-day temporary S endorsement to allow a driver
to drive upon completion of all requirements except the 12 hours of classroom training. Out-of-state school bus drivers shall comply
with § 2709 of this title.
(2) A physical examination certification indicating a valid and approved Department of Education physical exam completed within
the last year.
(b) To qualify for an S (school bus) endorsement an applicant must meet all the following requirements:
(1) Be at least 18 years of age with 1 year of driving experience.
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(2) Have qualified for a CDL license with P (passenger) endorsement.
(3) Show completion of a course of training with specific course content as determined by the Department of Education and including
the knowledge specified in 49 C.F.R. § 383.123(a)(2).
(4) Pass a road test in a school bus administered by the Department and until September 30, 2005, has otherwise met the conditions
of 49 C.F.R. § 383.123(b).
(5) Not have more than 5 points on the applicant’s 3-year driving record at the time of application.
(6) Not have had the applicant’s license suspended, revoked or disqualified in this State or any other jurisdiction for moving violations
in the last 5 years.
(7) Never have been convicted of any of the following crimes under the laws of this State or of any other jurisdiction:
a. Any crime constituting the manufacture, delivery or possession of a controlled substance or a counterfeit controlled substance
classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16;
b. Any crime against a child;
c. Any crime constituting a class A or B felony;
d. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter and vehicular homicide;
e. Any crime constituting a felony sexual offense;
f. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office; or
g. Any crime, other than those listed in this paragraph, constituting a felony for which the person has not been pardoned or for
which less than 5 years have passed since the person fully discharged all imposed sentences. As used herein, the term “sentence”
includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension, and all forms of fines,
restitution or community service.
(8) Submit to a drug test, to be administered pursuant to the rules and regulations of the Department of Education, the results of which
must be negative for controlled substances as defined by 49 U.S.C. § 31306 and the implementing regulations issued by the Secretary
of Transportation pursuant thereto unless the controlled substances have been ingested pursuant to a valid prescription or order of a
practitioner while acting in the course of the practitioner’s professional practice. Anyone testing positive to the drug test required in
this paragraph shall have the right to request and pay for further analysis of their split sample, pursuant to the rules and regulations of
the Department of Education, to determine whether the result was a false positive or the controlled substance was ingested pursuant to
a valid prescription or order of a practitioner wile acting in the course of the practitioner’s practice. Refusal to submit to testing, which
shall include the provision of a substituted or adulterated test sample, shall be deemed to be a positive test result under this subsection.
(c) Any time a license with a school bus endorsement is suspended, revoked or disqualified for moving violations, or the driver exceeds
8 points for moving violations, the school bus endorsement shall become invalid, and the endorsement shall be removed from the license.
(d) Renewal of the school bus endorsement shall be as required for other licenses.
(e) The Department shall provide school bus driver records at no charge to the Department of Education or to companies contracted
to the Department of Education for school bus services.
(f) The Department shall conduct a criminal history background check for the purposes of issuing an S endorsement pursuant to this
section. This check shall include a national criminal history background check, in addition to a review of the applicant’s Delaware-based
criminal history, a fingerprinting of applicants who are to be subjected to a national criminal history background check, and expressly
authorizes the use of records of the Federal Bureau of Investigation for screening the applicants.
(36 Del. Laws, c. 10, § 55; Code 1935, § 5593; 21 Del. C. 1953, § 2707; 53 Del. Laws, c. 112; 56 Del. Laws, c. 400, § 1; 57 Del.
Laws, c. 318; 57 Del. Laws, c. 670, § 11C; 58 Del. Laws, c. 160; 58 Del. Laws, c. 197; 58 Del. Laws, c. 511, § 43; 60 Del. Laws,
c. 394, § 1; 62 Del. Laws, c. 237, §§ 16, 17; 65 Del. Laws, c. 464, §§ 1-3; 66 Del. Laws, c. 341, § 1; 67 Del. Laws, c. 75, § 1; 67
Del. Laws, c. 157, § 4; 67 Del. Laws, c. 378, §§ 1, 2; 68 Del. Laws, c. 192, § 1; 69 Del. Laws, c. 87, § 1; 69 Del. Laws, c. 236,
§ 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 65, §§ 21-23; 73 Del. Laws, c. 205, §§ 1-3; 73 Del. Laws, c. 252, § 9; 73 Del.
Laws, c. 406, §§ 2, 3; 74 Del. Laws, c. 217, §§ 14, 15; 77 Del. Laws, c. 311, § 8; 77 Del. Laws, c. 312, § 2; 78 Del. Laws, c. 19, §
1; 79 Del. Laws, c. 214, § 13; 79 Del. Laws, c. 279, § 7; 80 Del. Laws, c. 275, § 1.)
§ 2709. Out-of-state school bus drivers; qualifications.
(a) Out-of-state school bus drivers shall meet the requirements of their home state for driving a school bus and supplemental Delaware
Department of Education training as determined by the Department of Education.
(b) Out-of-state school bus drivers shall provide a Delaware Department of Education physical examination certification indicating a
valid and approved Delaware Department of Education physical exam completed within the last year.
(c) Out-of-state school bus drivers shall upon first employment provide to their supervisor a current copy of their home state driving
record. The driver’s supervisors shall maintain on file a current copy of their state driving record. These records will be annually reviewed
using the same qualification criteria as found in § 2708 of this title.
(1) An out-of-state school bus driver shall:
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a. Upon first employment, and thereafter annually, provide to the bus driver’s supervisor a current copy of the bus driver’s home
state driving record;
b. Inform the bus driver’s supervisor any time the bus driver’s license is suspended or revoked.
(2) The supervisor of an out-of-state school bus driver shall:
a. Maintain on file a current copy of the driver’s driving records; and
b. Annually update and review the driver’s driving records using the same qualification criteria as found in § 2708 of this title.
(21 Del. C. 1953, § 2707A; 58 Del. Laws, c. 197; 62 Del. Laws, c. 237, § 18; 67 Del. Laws, c. 157, § 5; 69 Del. Laws, c. 75, § 1;
70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 65, §§ 24, 25; 73 Del. Laws, c. 205, §§ 4, 5.)
§ 2710. Issuance of a Level 1 Learner’s Permit and Class D operator’s license to persons under 18 years of
age.
(a) The Division, upon receiving from any person who is at least 16 years old but less than 18 years old or a person who is receiving
special education services under an active Individualized Education Program who is at least 16 years old but less than 22 years old, an
application for a Level 1 Learner’s Permit, together with the fee required by law, may, in its discretion, issue such a permit entitling the
applicant, with such a permit in the applicant’s immediate possession, to drive a motor vehicle upon the highways of this State provided
they meet all requirements for the permit. Eye screening and medical examinations will be required in accordance with Division policies.
The Division may issue a distinctively designed Level 1 Learner’s Permit document or issue the permit holder a Class D license encased
in a packet which explains the driver’s limited driving privileges. If the permit holder completes the 12-month driving experience and
the sponsor does not withdraw their endorsement, the Division will notify the permit holder by mail that the permit holder is eligible for
a Class D license. The time used to compute the 12 months of driving experience shall not include any period of time when the permit
holder’s driving privileges were suspended, revoked, canceled, denied or surrendered.
(b) Level1 Learner’s Permit. — A person who is at least 16 years old but less than 18 years old, or a person who is receiving special
education services under an active Individualized Education Program who is at least 16 years old but less than 22 years old, may obtain
a Level 1 Learner’s Permit if the person has:
(1) Successfully completed a course in driver education in a public or private high school in this State, which has been approved by
the Department of Education and meets the standards for such courses described by that Department. If the applicant has completed
a course of instruction in driver education in a public or private high school outside this State, the applicant must produce a certified
copy of that applicant’s high school transcript evidencing the completion of the driver education course;
(2) Passed a written test and road skills test administered by the Division or administered by a driver education teacher. Students
who require specialized evaluation, training or equipment to operate a motor vehicle because they are persons with a physical or mental
disability will be identified by the driver education teacher and tested by the Division;
(3) Been certified by the driver education teacher as qualified for licensing; and
(4) Submitted an application signed by a sponsor as required by subsection (e) of this section.
(c) Restrictions pertaining to theLevel1 Learner’s Permit. — A learner’s permit authorizes the permit holder to drive the specified
type or class of motor vehicles as those defined under § 2702(d)(1) of this title for 12 months only under the conditions listed below.
If the learner’s permit expires, the applicant will pay the appropriate fees and pass a written and road skills examination conducted by
the Division.
(1) The Level 1 Learner’s Permit must be in possession of the permit holder.
(2) When the permit holder is under mandatory supervision, the permit holder must be supervised by a properly licensed parent,
guardian or a licensed driver at least 25 years of age who has held a Class D license for at least 5 years. The supervising driver must
be seated beside the permit holder in the front seat of the vehicle when it is in motion. No person other than the supervising driver
can be in the front seat.
(3) For the first 6 months after issuance, the permit holder may only drive supervised. In order for the permit holder to be able to drive
unsupervised as called for in paragraph (c)(4) of this section, a parent or guardian shall certify that the permit holder has completed
50 hours of driving time, which shall include 10 hours of nighttime driving. This certification form shall be developed by the Division
of Motor Vehicles, Department of Education and Department of Highway Safety and shall be signed by the parent or guardian and
submitted to a Department of Education approved program at the end of this 6-month period.
(4) After the first 6 months from issuance, the permit holder may drive unsupervised between the hours of 6:00 a.m. and 10:00 p.m.
Such a permit holder may drive only with supervision from 10:00 p.m. to 6:00 a.m. with the exception of times when the permit holder
is traveling to and from church activities, work activities and the permit holder’s school. For purposes of this section, the term “school”
shall not include school-related activities that do not take place on school property.
(5) No passengers other than the adult supervisor and 1 or fewer other passengers can be in the vehicle during the first 12 months.
However, the passenger restrictions of this paragraph shall not apply to immediate members of the driver’s family provided the adult
supervisor is in the car. During the second 6-month period of unsupervised driving, when a supervisor is not present, only 1 other
passenger in addition to the driver can be in the vehicle.
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(6) The restrictions of paragraph (c)(4) of this section shall not apply to those individuals who are Delaware volunteer fire fighters and
ambulance attendants as long as they have permission from their fire chief or ambulance captain in writing with the permit referenced
in paragraph (c)(1) of this section and are returning home from their company stations or place of education or training relating to
their respective duties for the sole purpose of either an emergency response, an official fire or ambulatory meeting, or education or
training relating to said duties.
(7) The permit holder and all passengers, under the age of 18, in the vehicle must wear a seat belt or be secured in a child safety seat
or booster seat as required by § 4802 or § 4803 of this title when the vehicle is in motion.
(8) The permit holder shall not operate a motor vehicle while using a cellular telephone, text messager, or substantially similar
electronic device. This paragraph shall not apply if the permit holder has stopped the vehicle at a location off of the lanes of travel.
Any permit holder found to be in violation of this paragraph is deemed to be operating the vehicle in a negligent manner and is subject
to the penalties set forth in subsection (j) of this section.
(d) Class D license qualifications. — A person who is at least 17 years old but less than 18 years old, or who is at least 17 years old but
less than 22 years old and receiving special education services under an active Individual Education Program (IEP), may obtain a Class
D operator’s license if the person meets the following requirements:
(1) The person has held a Level 1 Learner’s Permit issued by the Division for at least 12 months; and
(2) The person has an application signed by a sponsor as specified in subsection (e) of this section. The sponsor’s signature on the
Level 1 Learner’s Permit application authorizes the minor to obtain the Class D operator’s license when eligible unless the sponsor
withdraws, in writing, their authorization for any such license or permit.
(e) The Division shall not grant the application of any minor between the ages of 16 years and 18 years or a person receiving special
education services under an active Individual Education Program (IEP) between the ages of 16 and 22 for an operator’s license or Level
1 Learner’s Permit unless such application is signed both by the applicant and a sponsor who is the applicant’s parent, guardian, Division
of Family Services case worker or court-ordered custodian who resides in this State.
(1) Nevertheless, if the applicant has no parent, guardian, Division of Family Services case worker or court-ordered custodian residing
in the State to act as the applicant’s sponsor, another responsible adult person acceptable to the Secretary of Transportation who resides
with the applicant in this State may sign the application.
(2) The following sponsors are listed in order of preference:
a. Father or mother of the minor if both parents are living together within this State and the minor resides with both parents.
b. Father of the minor, if the father is living within this State, and the minor resides with the father only; mother of the minor, if
the mother is living within this State, and the minor resides with the mother only; or father or mother, if the father or mother live
within this State, and the minor resides with neither parent, and the minor has no legal guardian within this State;
c. Guardian, Division of Family Services case worker or court-ordered custodian of the minor, duly appointed, as such, under
the laws of this State; or
d. Any suitable person acceptable to the Secretary of Transportation.
(3) The Department shall not require as a prerequisite to the issuance of a license to a minor under this section, that the father, mother,
guardian, Division of Family Services case worker or court-ordered custodian who signs the minor’s driver license application be
present at the time the application is made by minor or sign the application at the offices of the Division of Motor Vehicle. The signing
of the application and acknowledgment thereof, by the parent, guardian, Division of Family Services case worker or court-ordered
custodian before a notary public or other person authorized to administer oaths shall be deemed sufficient to satisfy the requirements
of this section. However, sponsors designated in paragraph (e)(2)d. of this section shall sign the minor’s license application in the
presence of a Division representative.
(4) The sponsor who signs the driver’s license application on behalf of a minor has final authority to determine if the minor is
capable of handling the responsibility of operating a motor vehicle and authority to designate who can supervise the minor driver per
paragraph (c)(2) of this section. The sponsor who signed the application on behalf of the minor can withdraw their endorsement at any
time until the minor reaches age 18, thereby canceling the minor’s driving authority regardless of the type of permit or license held.
If the court terminates the custody order and the minor subsequently resides with a parent in this State, then the parent may cancel
the driving privileges of the minor under this section. To reinstate the canceled driving privileges, an approved sponsor must sign
the application on behalf of the minor. When the minor turns 18, they can reinstate their previously held driving privileges without a
sponsor’s signature. The applicant can reinstate the driving privileges of a canceled license when they meet the license requirements
and pay the appropriate license fee.
(5) It shall be unlawful for any person to sign the application of a minor under the provisions of this section when such application
misstates the age of the minor or misrepresents the sponsor’s relationship to the minor. Any person who violates this provision shall
be guilty of a class B misdemeanor, and both the minor applicant and the sponsor’s driving privileges shall be suspended for 2 months
per § 2733(a)(5) of this title.
(6) It is unlawful for a sponsor to knowingly allow the holder of a Level 1 Learner’s Permit to drive in violation of paragraph (c)(2)
of this section. A sponsor who violates this provision is guilty of an unclassified misdemeanor.
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(f) Out-of-state driver license transfer. — A person who is at least 16 years old but less than 18 years old, who was a resident of another
state and has a driver’s license issued by that state, and who becomes a resident of this State may obtain Delaware driving authority
under the following conditions:
(1) If the applicant was issued the out-of-state driver’s license for less than 12 months, they are eligible to apply for a Level 1
Learner’s Permit when meeting the requirements under subsection (b) of this section and successfully completing a driver education
training program approved by the Delaware Department of Education.
(2) If the applicant was issued the out-of-state driver’s license for over 12 months, and has successfully completed a driver education
training program approved by the Delaware Department of Education, that applicant is eligible to apply for a Class D operator’s license
after meeting the requirements of subsection (e) of this section. Additionally, such a minor applicant must pass a written and road skills
examination conducted by the Division.
(3) If the applicant holds an out-of-state driver’s license and that applicant is over 18 years old, that applicant can apply for a Delaware
Class D operator’s license under §§ 2712 and 2713 of this title.
(g) Duration and fees. — A Level 1 Learner’s Permit expires 12 months after the date of issuance. If the applicant’s learner’s permit
expires, the permit shall be void. The permit can be reissued when the applicant meets the permit requirements. The applicant must pay
the $40 Class D license fee at the time of initial application.
(h) It is unlawful for the holder of a Level 1 Learner’s Permit to operate a motor vehicle in violation of the restrictions that apply to
the Level 1 Learner’s Permit. Failure to comply with these restrictions constitutes operating a motor vehicle without a license under §
2701(a) of this title.
(i) The Division shall not issue an operator’s license or Level 1 Learner’s Permit to a person who has not reached the person’s eighteenth
birthday at the time of the offense if the person has been adjudicated delinquent as a result of acts which would constitute such an offense
if committed by an adult as set forth in § 2732(a) of this title.
(j) The Department may immediately suspend a minor’s permit, license and/or driving privileges whenever the Department has reason
to believe that such person is a reckless or negligent driver of a motor vehicle or has committed a serious moving traffic violation. The
Secretary may promulgate policy regulations more stringent than those that apply to other drivers when suspending minors. The suspension
period will be for l month for the first suspension and 3 months for subsequent suspensions under this subsection. No suspension under
this section shall be used by a motor vehicle insurance company licensed to sell insurance in this State as a basis for canceling a policy
of insurance or to raise the premium cost to the insured.
(k) Driver education learner’s permit. — The Division, upon receiving proper notice that a person is currently enrolled in a driver’s
education course and successfully completed the minimum class hours of actual driving experience and in-the-car observation as approved
by the Department of Education, may issue a driver education learner’s permit to such person after the person’s sixteenth birthday, or
before the person’s twenty-second birthday if the person is enrolled in an active Individualized Education Program, provided the person
meets all other Division requirements. The Division may issue a driver education learner’s permit to those who meet the requirements of
this section and need supervised driving experience before completing the road skill s test. The full driver license fee shall be collected
at the time of the application. The permit is valid for 4 months. If for any reason whatsoever the applicant fails to pass the required
examinations during the 4-month period granted by the permit, the permit shall be void and the driver license fee shall be forfeited. The
application must be signed by the sponsor pursuant to subsection (e) of this section.
(1) Any person issued a driver education learner’s permit pursuant to this subsection is entitled to drive a motor vehicle described
in § 2702(d)(1) of this title upon the highways only when supervised by a properly licensed parent or guardian. If the parent(s) or
guardian(s) is (are) not licensed to operate a motor vehicle or the permit holder is in the custody of the Department of Services for
Children, Youth and their Families, the holder of the driver education learner’s permit must be supervised by a licensed driver who is
25 years of age or older and have held a Class D driver’s license for at least 5 years. The supervising driver must be seated beside the
permit holder in the front seat of the vehicle when it is in motion. No person other than the supervising driver can be in the front seat.
(2) The driver education learner’s permit must be in the possession of the permit holder.
(3) No passengers other than the adult supervisor and 1 or fewer other passengers can be in the vehicle. However, this passenger
limit does not apply to members of the driver’s immediate family.
(4) Driving experience obtained while holding this permit will be counted towards and in conjunction with the driving experience
restrictions contained in paragraph (c)(3) of this section.
(5) The permit holder shall not operate a motor vehicle while using a cellular telephone, text messager, or substantially similar
electronic device. This paragraph shall not apply if the permit holder has stopped the vehicle at a location off of the lanes of travel.
Any permit holder found to be in violation of this paragraph is deemed to be operating the vehicle in a negligent manner and is subject
to the penalties set forth in subsection (j) of this section.
(36 Del. Laws, c. 10, § 56; 37 Del. Laws, c. 10, § 17; Code 1935, § 5594; 41 Del. Laws, c. 228, § 2; 44 Del. Laws, c. 192; 45 Del.
Laws, c. 285; 21 Del. C. 1953, § 2708; 50 Del. Laws, c. 262, § 1; 53 Del. Laws, c. 221, § 20; 56 Del. Laws, c. 390, § 2; 58 Del.
Laws, c. 511, § 44; 59 Del. Laws, c. 327, § 2; 62 Del. Laws, c. 156, § 1; 62 Del. Laws, c. 237, § 19; 64 Del. Laws, c. 355, § 1; 65
Del. Laws, c. 77, §§ 1, 2; 67 Del. Laws, c. 25, §§ 1, 2; 69 Del. Laws, c. 327, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282,
§ 1; 72 Del. Laws, c. 344, §§ 1, 2; 72 Del. Laws, c. 477, §§ 1, 3, 4; 73 Del. Laws, c. 42, § 1; 74 Del. Laws, c. 110, §§ 56, 57; 74
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Del. Laws, c. 324, § 1; 75 Del. Laws, c. 15, §§ 1, 2; 75 Del. Laws, c. 377, § 1-3; 76 Del. Laws, c. 76, § 21; 76 Del. Laws, c. 260,
§§ 5, 6; 76 Del. Laws, c. 293, § 1; 76 Del. Laws, c. 415, §§ 1-5; 78 Del. Laws, c. 8, § 8; 79 Del. Laws, c. 371, § 19; 80 Del. Laws,
c. 193, §§ 1-5.)
§ 2711. Application for license.
(a) Every application for an operator’s license shall be made on an application form furnished by the Department. The original
application shall be verified by the applicant before a person authorized to administer oaths.
(b) Every application shall state the name, social security number, if eligible, date of birth, sex and residence address of the applicant
and whether or not the applicant has previously been licensed as an operator, and, if so, when and by what state and whether or not such
license has ever been suspended or revoked and, if so, the date of and reason for such suspension or revocation.
(c) Regardless of the age of the applicant, the Division shall require documentary evidence satisfactory to the Division of the applicant’s
name, date of birth, legal presence in the United States, Social Security number (if eligible), sex, and Delaware residence address.
(d) Any applicant who is able to provide satisfactory documentary evidence of all information described in subsection (c) of this section
except for legal presence in the United States, may be eligible for a class D license or a class D temporary instruction permit valid for
driving privileges only, hereinafter referred to as a driving privilege card or permit. Federal law prohibits any person from being eligible
for a commercial driver license without providing satisfactory documentary evidence of legal presence in the United States.
(1) A driving privilege card or permit applicant must also provide the Division with satisfactory documentary evidence that the
applicant, for each of the preceding 2 years, has:
a. Filed a Delaware income tax return; or
b. Resided in Delaware and been claimed as a dependent by an individual who has filed a Delaware income tax return.
(2) A driving privilege card or permit applicant must have completed the procedures required under § 8595 of Title 11.
(3) A driving privilege card or permit shall not be considered a valid form of identification for any purpose.
(4) Every applicant for or holder of a driving privilege card or permit under this section shall be subject to all of the provisions
of this and any other title that apply to applicants and holders of class D driver licenses, class D temporary instruction permits, and
level 1 learner permits.
(5) Notwithstanding any provision to the contrary, to ensure the public trust of the Delaware undocumented population that will
utilize the driving privilege card for its intended purposes, all personal identifiable information collected during the application process
shall be kept confidential, except in connection with purposes or procedures that would equally apply to applicants under subsection
(c) of this section.
(e) (1) Any male applicant who applies for an instruction permit or driver’s license or a renewal of any such permit or license and who
is at least 18 years of age but less than 26 years of age shall be registered in compliance with the requirements of § 3 of the “Military
Selective Service Act,” 50 U.S.C. App. § 453, as amended.
(2) The Department shall forward in an electronic format the necessary personal information of the applicants identified in this
subsection to the selective service system. The applicant’s signature on the application shall serve as an indication that the applicant
either has already registered with the selective service system or that he is authorizing the Department to forward to the selective service
system the necessary information for such registration. The Department shall notify the applicant at the time of application that his
signature constitutes consent to registration with the selective service system, if he is not already registered.
(36 Del. Laws, c. 10, § 57; 37 Del. Laws, c. 10, § 15; Code 1935, § 5595; 48 Del. Laws, c. 238, § 1; 21 Del. C. 1953, § 2709; 62
Del. Laws, c. 237, § 20; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 216, § 57; 71 Del. Laws, c. 282, § 2; 72 Del. Laws, c. 335, §
1; 72 Del. Laws, c. 485, § 2; 80 Del. Laws, c. 67, § 1.)
§ 2712. Application for temporary instruction permits and Class D operator’s license for persons age 18 or
older.
(a) A Class D temporary instruction permit may be issued to a person age 18 years or older. A temporary permit shall entitle the
applicant to drive during a 6-month period only when the applicant is accompanied by a licensed operator over the age of 21 who is
actually occupying a seat beside the driver and there are no more than 2 other persons in the vehicle.
(b) If for any reason the applicant fails to pass the required examination during the 6-month period granted by the permit, the permit
shall be void, and the fee paid therefor shall be forfeited unless the applicant requests an extension thereof and pays the sum of $5.00
therefor. Upon payment of the said sum, the Division shall immediately issue only 1 extension of the permit for an additional 6 months.
If the applicant fails to pass the required examination within the additional 6-month period, the permit shall become void.
(c) The applicant must successfully pass a written examination before being issued a temporary instruction permit, and pass a practical
road skills examination before being issued a Class D operator’s license. Eye screening and medical examinations will be administered
in accordance with Division policies.
(d) It is unlawful for the holder of a Class D temporary instruction permit to operate a motor vehicle when the applicant is not
accompanied by a licensed operator over the age of 21 years who is seated beside the driver or if there are more than 2 other persons
in the vehicle. Failure to comply with subsection (a) of this section restrictions constitutes operating a motor vehicle without a license
under § 2701(a) of this title.
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(e) Applicants who are receiving special education services under an active Individualized Education Program may waive the provisions
of this section and obtain a Class D operator’s license if the person meets the requirements of § 2710(d) of this title.
(36 Del. Laws, c. 10, § 58; Code 1935, § 5596; 45 Del. Laws, c. 283, § 1; 46 Del. Laws, c. 125; 21 Del. C. 1953, § 2710; 57 Del.
Laws, c. 495, §§ 1, 2; 57 Del. Laws, c. 670, § 11B; 60 Del. Laws, c. 626, § 1; 64 Del. Laws, c. 23, §§ 1-3; 67 Del. Laws, c. 346, §
1; 67 Del. Laws, c. 429, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282, § 5; 78 Del. Laws, c. 8, §§ 9-11; 80 Del. Laws, c.
193, § 6.)
§ 2713. Examination of applicants; waiver of examination.
(a) The Department shall examine every applicant for an operator’s license before issuing any such license, except as otherwise provided
in subsections (b) and (c) of this section. The Department shall examine the applicant as to the applicant’s physical and mental abilities to
operate a motor vehicle in such manner as not to jeopardize the safety of persons or property and as to whether any facts exist that would
bar the issuance of a license under this chapter. Such examination may not include investigation of any facts other than those directly
pertaining to the ability of the applicant to operate a motor vehicle with safety, or other than those facts declared to be prerequisite to
the issuance of a license under this chapter.
(b) The Department may in its discretion waive the examination of any person applying for the renewal of an operator’s license issued
under this chapter.
(c) The Department may in its discretion issue an operator’s license under this chapter without examination to every person applying
therefor who is of sufficient age, as required by § 2707 of this title, to receive the license applied for and who at the time of such application
has a valid unrevoked license of like nature issued to such person under any previous law of this State providing for the licensing of
operators or to any person who at the time of such application has a valid unrevoked license of like nature issued to such person in another
state under a law requiring the licensing and examination of operators.
(d) Written and road skill examinations for students duly enrolled in a driver education course, including students who are receiving
special education services under an active Individualized Education Program until the age of 22, will be administered by driver education
teachers certified by the Delaware Department of Education. Upon successful completion of the driver education course, the certified
teacher must issue a “High School Driver Education Certificate” which will be accepted in lieu of the written and road skill examinations
administered by the Division for a period of 6 months from the date of issue. No further testing by the Division is required unless the
High School Driver Education Certificate has expired; in such event, full testing is required. Students identified in § 2710(b)(2) of this
title as persons with a disability requiring specialized training shall be examined by the Division. All persons under age 18 who transfer
their out-of-state license for a Delaware license must be given a written and road test by the Division. Any person who is suspended while
operating a motor vehicle on a Level 1 Learner’s Permit, Driver Education Learner’s Permit or temporary instruction permit will be reexamined before reinstatement. Notwithstanding the preceding, the Division must administer written and road skills tests to applicants
who are 18 years of age or older, except as otherwise provided in subsections (b) and (c) of this section.
(e) (1) In examining an application as required under subsection (a) of this section, the Department shall also examine an applicant
regarding the applicant’s knowledge related to traffic stops by a law-enforcement officer, including all of the following:
a. An individual’s constitutional and other legal rights during a traffic stop, including rights related to searches and seizures, to
remain silent, and to an attorney.
b. Laws regarding questioning and detention by a law-enforcement officer, including any laws requiring an individual to present
proof of identity to a law-enforcement officer and the consequences for an individual’s or officer’s failure to comply with those laws.
c. The role of a law-enforcement officer in general and during a traffic stop and the procedures a law-enforcement officer must
follow during a traffic stop.
d. How to interact with a law-enforcement officer during a traffic stop.
e. How and where to file a complaint against or compliment on behalf of a law-enforcement officer.
(2) The Department shall include in its examination of an applicant at least 2 questions to test an applicant’s knowledge related to
traffic stops by a law-enforcement officer.
(3) The Department of Education, the Department, the Department of Justice, and the Office of Defense Services shall collaborate to
produce information to educate an applicant related to traffic stops by a law–enforcement officer, and may consult with any interested
parties from the public safety and transportation communities to produce this information.
a. The information under this paragraph (e)(3) must include the topics contained in paragraph (e)(1) of this section.
b. The information produced under this paragraph (e)(3) may not be construed as legal advice in contravention of § 2504(2) or
§ 2515 of Title 29 and of § 4602 or § 4604 of Title 29.
(4) The Department shall include the information produced under paragraph (e)(3) of this section in any document designed to
educate an applicant on the rules for driving a motor vehicle in this State.
(36 Del. Laws, c. 10, § 59; Code 1935, § 5597; 21 Del. C. 1953, § 2711; 62 Del. Laws, c. 237, § 21; 70 Del. Laws, c. 186, § 1; 71
Del. Laws, c. 282, § 10; 74 Del. Laws, c. 18, § 3; 79 Del. Laws, c. 371, § 20; 80 Del. Laws, c. 193, § 7; 81 Del. Laws, c. 79, § 35;
81 Del. Laws, c. 350, § 1.)
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§ 2714. Special examination.
(a) As a prerequisite to the continuation of the operator’s right to drive on the highways, the Department shall cause a special examination
to be made of every person involved in a second accident resulting in personal injury, death or property damage to an apparent extent of
$250 within any 24-month period, when such person has been adjudged responsible for causing such accidents by a court of competent
jurisdiction, to determine whether such person is a person with a physical or mental disability which prevents the safe operation of a
vehicle.
(b) The Department shall also cause to be examined any person whom the State Police Superintendent, State Police Troop Commanders
or chief of police of any city, town or county in this State recommends for such examination.
(c) The Department may examine any person with mental or physical conditions which may interfere with safe operation of a motor
vehicle when reported, in writing, to the Department by a physician, member of the immediate family, the court or other person acceptable
to the Secretary of Transportation. This examination is to determine the person’s physical and mental abilities to operate a motor vehicle
in such manner so as not to jeopardize the safety of person or property and whether any facts exist which would bar the continued issuance
of a license under this chapter. Such examination shall not include investigation of any facts other than those directly pertaining to the
ability of the applicant to operate a motor vehicle safely or other facts declared to be prerequisite to the continued issuance of a license
under this chapter. Evaluation requested per subsections (b) and (c) of this section are confidential records used to determine a driver’s
ability to safely operate a motor vehicle and shall not be released except by court order.
(36 Del. Laws, c. 10, § 59; 37 Del. Laws, c. 13; 40 Del. Laws, c. 38, § 2; Code 1935, § 5597; 21 Del. C. 1953, § 2712; 50 Del.
Laws, c. 395, § 1; 67 Del. Laws, c. 94, § 1; 72 Del. Laws, c. 365, § 1; 74 Del. Laws, c. 110, § 58; 79 Del. Laws, c. 371, § 21.)
§ 2715. Driver license renewal cycle; fees; photograph.
(a) Upon receipt of the application and a fee of $40 and after such examination as provided in this chapter, the Secretary may issue,
at the Secretary’s discretion, a motor vehicle driver’s license which shall expire and be renewable on the eighth anniversary date of the
birth of the applicant next following the date of its issuance unless the birth date is February 29, in which event the license shall expire
and be renewable on February 28 every eighth year. A permanent resident foreign national may be issued a full 8-year driver’s license.
However, a driver’s license issued to a temporary foreign national must be limited to the period of time that the temporary foreign national
is authorized to be in the United States.
(b) Upon receipt of the application and a fee of $20 and after such examination as provided in this chapter, the Secretary may issue,
at the Secretary’s discretion, a driving privilege card issued in accordance with § 2711 of this title, which shall expire and be renewable
on the fourth anniversary date of the birth of the applicant next following the date of its issuance unless the birth date is February 29, in
which event the driving privilege card shall expire and be renewable on February 28 every fourth year.
(c) On or near the date of expiration of a motor vehicle driver’s license, each licensee shall appear at 1 of the Department’s offices
and be photographed by the Department of Transportation. Upon approval by the Director of the Division of Motor Vehicles, in the
Director’s discretion, the requirement for this appearance may be waived if circumstances prevent the licensee from appearing on or near
the time of renewal.
(d) A late fee of $10 shall be assessed in addition to the renewal fee for every person whose driver’s license has expired.
(e) Notwithstanding subsections (a), (b), and (c) of this section, the Secretary may issue driver licenses for less than 8 years until
December 12, 2016, so the number of renewals can be more evenly distributed over an 8-year period. If a driver license is issued for less
than 8 years pursuant to this section, the fee shall be calculated at $5.00 per year.
(f) Notwithstanding the length of issuance and fees as stated in this subsection, the length of issuance and fees for commercial motor
vehicle driver’s licenses as required in Chapter 26 of this title shall be as required in § 2611 of this title.
(g) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915 of Title 29, is exempt from
any fee charged under this section for a replacement license.
(36 Del. Laws, c. 10, § 57; Code 1935, § 5595; 48 Del. Laws, c. 238, § 2; 21 Del. C. 1953, § 2713; 49 Del. Laws, c. 361, § 1; 57
Del. Laws, c. 218; 57 Del. Laws, c. 670, §§ 11A, 11C; 61 Del. Laws, c. 282, § 1; 65 Del. Laws, c. 77, § 3; 65 Del. Laws, c. 329,
§ 1; 67 Del. Laws, c. 157, § 6; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 59; 75 Del. Laws, c.
183, § 2; 76 Del. Laws, c. 76, §§ 22, 23; 76 Del. Laws, c. 126, § 1; 78 Del. Laws, c. 8, §§ 12-15; 80 Del. Laws, c. 77, § 3; 80 Del.
Laws, c. 67, § 2; 81 Del. Laws, c. 447, § 3.)
§ 2716. Permanent license; fees; expiration.
(a) Upon receipt of the application and a fee of $35, and upon proof that such applicant has been licensed by the Department for a
period of 3 consecutive years and that such applicant is qualified under this chapter, the Secretary may issue, at the Secretary’s discretion,
a permanent driver’s license which shall not become ineffective until or unless otherwise revoked, canceled or suspended as provided
by law or until such license expires.
(b) Each holder of a permanent driver’s license shall pay an additional fee of $24 every 8 years to the Department in payment of the
cost of a photograph which will be taken by the Department. Nonpayment of this fee by the date indicated shall automatically render
the license expired.
(c) A late fee of $10 shall be assessed in addition to the renewal fee for every person whose driver’s license has expired.
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(d) Effective April 1, 1990, no more permanent licenses as permitted under this section shall be issued to applicants applying for
commercial motor vehicle driver licenses pursuant to Chapter 26 of this title.
(e) Effective August 1, 2007, no more permanent licenses shall be issued pursuant to this section, except for renewals of permanent
licenses issued prior to that date.
(36 Del. Laws, c. 10, §§ 57, 65; 37 Del. Laws, c. 10, § 16; Code 1935, §§ 5595, 5603; 45 Del. Laws, c. 282, § 1; 45 Del. Laws, c.
288, § 1; 21 Del. C. 1953, § 2714; 49 Del. Laws, c. 361, § 2; 57 Del. Laws, c. 670, § 11A; 57 Del. Laws, c. 720; 58 Del. Laws, c.
79; 58 Del. Laws, c. 511, § 45; 61 Del. Laws, c. 282, § 2; 65 Del. Laws, c. 329, § 2; 67 Del. Laws, c. 157, § 7; 67 Del. Laws, c.
260, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 76, §§ 24, 25; 78 Del. Laws, c. 8, §§ 16-18; 80 Del. Laws, c. 77, § 4.)
§ 2717. Refusal to issue license; appeal.
The Department, for sufficient reasons, may refuse to issue any form of license or permit to any applicant. Upon such refusal, such
applicant may appeal to the Court of Common Pleas of the county in which the applicant resides. An appeal of a denial of a license
pursuant to § 516(g) or § 2216 of Title 13 shall be only as provided in Title 13.
(36 Del. Laws, c. 10, § 59; 40 Del. Laws, c. 38, § 3; Code 1935, § 5597; 21 Del. C. 1953, § 2715; 69 Del. Laws, c. 333, § 1; 70
Del. Laws, c. 186, § 1; 70 Del. Laws, c. 452, § 4; 71 Del. Laws, c. 216, § 83.)
§ 2718. Information on licenses.
(a) Every license shall bear thereon the distinguishing number assigned to the licensee and shall contain the name, age, residential
address and a brief description of the licensee for the purpose of identification and shall have a space for the signature of the licensee.
Every license shall also bear thereon a photograph of the licensee. Upon approval by the Director of the Division of Motor Vehicles, in
the Director’s discretion, the requirement for a photograph may be waived, if circumstances prevent the licensee from appearing on or
near the time of renewal. The licensee’s Social Security number is used for identification purposes and shall be maintained in the Division
of Motor Vehicle’s record system. In addition to the information described in this section, a driving privilege card or permit issued in
accordance with § 2711 of this title shall be unique in design and bear on its face the phrase “Driving Privilege Only,” and the phrase
“Not Valid For Identification.”
(b) The Division of Motor Vehicles shall provide a method for permitting a person making application for a license or identification
card, or for renewal thereof, to have designated thereon that such person is a donor pursuant to subchapter II, Chapter 27 of Title 16,
the Uniform Anatomical Gift Act.
(1) Upon such designation, the Division of Motor Vehicles shall in a manner prescribed by the Division make a suitable notation
upon the license or identification card indicating that the person is a donor.
(2) The designation shall constitute sufficient legal authority for the removal of a body or part thereof upon the person’s death and
the designation shall be removed only upon written notice to the Division by the donor.
(3) At the time the donor authorizes the designation to appear on the donor’s license or identification card, the donor shall be notified
that the designation can be removed only upon written notice to the Division.
(4) For purposes of this section, license shall not include any temporary license.
(c) The Division of Motor Vehicles shall provide a method for permitting a person applying for a license or identification card, or for
renewal thereof, to have designated thereon that such person has a medical condition which may require special attention.
(1) Upon such designation, the Division of Motor Vehicles shall in a manner prescribed by the Division make a suitable notation
upon the license or identification card indicating that such person has a medical condition which may require special attention.
(2) At the time the licensee authorizes the designation to appear on the licensee’s license or identification card, the licensee shall be
notified that the designation can be removed only upon written notice to the Division.
(3) For purposes of this subsection, license shall not include any temporary license.
(4) No designation shall be noted upon the license or identification card of any person under 18 years of age unless written permission
of the parents or guardian is granted.
(5) For the purposes of this subsection “medical condition” shall include the execution of a pre-hospital advanced care directive
pursuant to § 9706(h) of Title 16.
(d) A driver’s license applicant or holder of a driver’s license shall provide the Division with the applicant’s or holder’s social security
number if eligible. This shall take place at the time of renewal of such driver’s license or at the time a new license is issued to the applicant
for any reason.
(e) If an applicant is required to register as a sex offender pursuant to § 4120 of Title 11, as amended, for a felony conviction the
sentencing court shall take possession of the driver’s license and shall tender to the person being sentenced a temporary license, directing
that the person report to the Division of Motor Vehicle for a replacement driver’s license with the following code under restrictions: Y
indicating sex offender. The person shall tender to the Division of Motor Vehicle a fee of $5.00 for the replacement license. Upon a
person being removed from the registration requirement, the Division of Motor Vehicle shall issue a license without the sex offender
code printed upon the license at no charge. The sentencing court shall forward to the Division all licenses that it receives, along with
a copy of the sentencing order.
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(f) Failure to comply with subsection (e) of this section within 30 days of a qualifying felony conviction pursuant to § 4120 of Title
11 will result in the suspension of driving privileges by the Division of Motor Vehicles.
(36 Del. Laws, c. 10, § 62; Code 1935, § 5600; 21 Del. C. 1953, § 2716; 60 Del. Laws, c. 344, § 1; 62 Del. Laws, c. 237, § 22; 64
Del. Laws, c. 286, § 1; 65 Del. Laws, c. 77, § 4; 67 Del. Laws, c. 157, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 133, §§ 1,
2; 71 Del. Laws, c. 261, § 1; 71 Del. Laws, c. 453, § 11; 72 Del. Laws, c. 32, § 1; 72 Del. Laws, c. 335, §§ 2, 6; 75 Del. Laws, c.
185, §§ 1, 2; 75 Del. Laws, c. 194, § 2; 77 Del. Laws, c. 182, § 1; 80 Del. Laws, c. 67, § 3.)
§ 2719. Records.
The Department shall file every application for an operator’s license and index the application by name and number and maintain
suitable records of all licenses issued and all applications for licenses denied, as well as a record of all licenses which have been suspended
or revoked.
(36 Del. Laws, c. 10, § 61; Code 1935, § 5599; 21 Del. C. 1953, § 2717; 62 Del. Laws, c. 237, § 23.)
§ 2720. Duplicate licenses; requirements; fee.
(a) In the event that any operator’s license issued under this chapter is lost or destroyed the person to whom it was issued may apply
to the Department for the issuance of a duplicate or substitute license upon executing such forms as may be required by the Department
and upon furnishing proof satisfactory to the Department that such license has been lost or destroyed.
(b) Upon receipt of the application and the required fee, the Secretary of Transportation of this State may, at the Secretary’s discretion,
require an examination of such applicant in accordance with this chapter.
(c) Each application for the issuance of a duplicate license certificate shall be accompanied by a fee of $20.
(d) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915 of Title 29, is exempt from
any fee charged under this section for a replacement license.
(36 Del. Laws, c. 10, § 63; Code 1935, § 5601; 45 Del. Laws, c. 284; 21 Del. C. 1953, § 2718; 53 Del. Laws, c. 221, § 21; 57 Del.
Laws, c. 670, § 11B; 62 Del. Laws, c. 237, § 24; 63 Del. Laws, c. 440, § 1; 67 Del. Laws, c. 157, § 9; 67 Del. Laws, c. 260, § 1;
70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 60; 80 Del. Laws, c. 77, § 9; 81 Del. Laws, c. 447, § 4.)
§ 2721. Duty to sign and carry license.
(a) Every person licensed as an operator shall write the person’s usual signature, in a manner acceptable to the Department, in the
spaces provided for that purpose on the license certificate and such license shall not be valid until the certificated is so signed.
(b) The licensee shall have such license in the licensee’s immediate possession at all times when driving a motor vehicle and shall
display the same upon demand of a uniformed police officer, justice of the peace, peace officer or motor vehicle inspector. It shall be a
defense to any charge under this subsection if the person so charged produces in court an operator’s license theretofore issued to such
person and valid at the time of the arrest.
(36 Del. Laws, c. 10, § 64; Code 1935, § 5602; 46 Del. Laws, c. 64; 21 Del. C. 1953, § 2719; 62 Del. Laws, c. 237, § 25; 70 Del.
Laws, c. 186, § 1; 81 Del. Laws, c. 183, § 2.)
§ 2722. Restricted licenses based on driver’s physical limitations.
(a) The Department upon issuing an operator’s license may, whenever good cause appears, impose restrictions suitable to the licensee’s
driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may
operate or such other restrictions applicable to the licensee’s driving ability arising out of or caused by the licensee’s physical defects or
infirmities as the Department determines to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(b) The Department may either issue a special restricted license or may set forth such restrictions upon the usual license form.
(c) The Department may, upon receiving satisfactory evidence of any violation of the restrictions of such license, suspend or revoke
the same but the licensee shall be entitled to a hearing as upon a suspension or revocation under this title.
(d) It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted
license issued to that person.
(Code 1935, § 5589A; 48 Del. Laws, c. 286; 21 Del. C. 1953, § 2720; 62 Del. Laws, c. 237, § 26; 70 Del. Laws, c. 186, § 1.)
§ 2723. Medical Advisory Board.
(a) There shall be a Medical Advisory Board consisting of a minimum of 3 members nominated by the President of the Medical Council
of Delaware or the Chairperson of the Board and appointed by the Secretary. The Chairperson of the Board shall be the Medical Director
of the Division of Public Health. The Board shall consult an ophthalmologist and an optometrist in all cases where a vision problem
exists. The ophthalmological consultant shall be nominated by the President of the Medical Council of Delaware or the Chairperson of
the Board, and the optometric consultant shall be nominated by the President of the Delaware Optometric Association or the Chairperson
of the Board. Both vision consultants shall be appointed by the Secretary.
(b) The Board shall advise the Secretary on medical criteria and vision standards relating to the licensing of drivers under this chapter.
(c) The identities of the members of the Board and its vision consultants shall be kept confidential. To maintain confidential their
identities, they shall not be required to appear in court. If the qualifications of the members or consultants are challenged in court, the
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Secretary shall give the court brief professional biographies outlining the training and experience of each member and of each vision
consultant.
(d) Reports received or made by the Board, or its members, or its vision consultants for the purpose of assisting the Secretary in
determining whether a person is qualified to be licensed are for the confidential use of the Board or the Secretary and may not be divulged
to any person or used as evidence in any trial except that the reports may be admitted in proceedings under §§ 2717 and 2734 of this title.
(e) Members of the Board and its vision consultants shall receive compensation in the amount of $40 per meeting attended.
(21 Del. C. 1953, § 2721; 57 Del. Laws, c. 366, § 1; 57 Del. Laws, c. 558, §§ 1, 5-8; 70 Del. Laws, c. 147, § 27; 70 Del. Laws, c.
186, § 1; 79 Del. Laws, c. 29, § 1.)
§ 2724. Medical evaluation of drivers; suspension; review.
(a) Upon the determination of the Secretary that a licensed driver or applicant for a license may not be physically, visually or mentally
qualified to be licensed, the Secretary will mail to the licensed driver or applicant for a license a registered letter with return receipt
requested stating the need for a medical or optometric evaluation along with instructions. Attached to this letter will be a physical or visual
examination report. The individual so notified shall be required within 30 days from the date of notification to have this report completed.
The individual so notified shall make arrangements to be examined by a private physician or private optometrist of the individual’s choice
at the individual’s expense, or, if it is determined by the Secretary that the individual is unable to pay for this examination, the Secretary
shall arrange with a deputy health officer of the State to have this examination performed. The completed report shall be forwarded by
the examining physician or optometrist to the Secretary.
(b) If this report is not received within the 30 days or if a reasonable explanation for the delay is not received, the Secretary shall notify
the individual that the individual’s driving privilege has been suspended until such report is received and evaluated. Upon receipt of the
completed report, the Secretary shall forward this report to the Secretary of the Department of Health and Social Services for review.
(c) The Secretary of the Department of Health and Social Services shall review the report to determine if the case warrants evaluation by
the Medical Advisory Board. If the report gives no medical or optometric information indicating impairment of any degree, the report shall
be returned to the Secretary with the indication that there is no apparent need for action based on medical impairment. If the information
in the medical or optometric report warrants review by the Board, a copy of the report shall be forwarded to each member of the Board
for evaluation. In case of a vision problem the report shall also be forwarded to the optometric and ophthalmological consultants.
(d) After review, each member of the Medical Advisory Board and the vision consultants shall report their recommendations to
the Secretary. The members of the Board and the vision consultants shall not meet as a group unless such a meeting is called by the
Chairperson, but rather each member and consultant shall arrive at an opinion independently and shall inform the Secretary of the
member’s or consultant’s recommendations. These recommendations may involve any of the following by way of illustration but not
of limitation:
(1) No action against driver or applicant;
(2) Periodic medical or optometric evaluation;
(3) Specific license restrictions;
(4) Further medical or optometric evaluation;
(5) Driver improvement activity, including retesting;
(6) License suspension.
(e) The Secretary shall make the final decision on whether the driver or applicant for a license should be licensed, refused, issued a
restricted license or have the license suspended.
(f) Upon the decision of the Secretary, the Department shall notify the driver or applicant and shall afford the driver or applicant an
opportunity of a hearing before the Department in the county where the driver or applicant resides. Upon such hearing, the Secretary may
rescind the order upon a showing of good cause.
(g) Members of the Board and vision consultants and other persons making or evaluating examinations shall not be held liable for
their opinions and recommendations.
(21 Del. C. 1953, § 2721A; 57 Del. Laws, c. 366, § 1; 57 Del. Laws, c. 558, §§ 2-4; 70 Del. Laws, c. 149, §§ 206, 207; 70 Del.
Laws, c. 186, § 1.)
§ 2725. Standards.
The Secretary shall have the authority to promulgate standards which may be applied by the Medical Advisory Board. Such standards
shall also apply to the final determination of the Secretary upon the physical, visual or mental abilities of a driver or applicant.
(21 Del. C. 1953, § 2722; 57 Del. Laws, c. 366, § 2; 79 Del. Laws, c. 371, § 22.)
§ 2726. Motorcycle rider education program — Established.
(a) The Department of Transportation shall implement a motorcycle rider education program meeting the requirements of this section
and § 2727 of this title and any rules or regulations promulgated by the Department.
(b) Adequate courses shall be provided to meet the reasonably anticipated needs of all persons in the State who are eligible and who
desire to participate in such a program.
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(c) Courses shall be open to all residents of the State who either hold a current valid driver’s license or who are eligible for a motorcycle
learner’s permit. The course shall be open to all persons in the military service stationed in Delaware and their families.
(d) State assisted or private instructional services may offer courses in motorcycle rider education; provided, however, such course
offerings meet the requirements of this section and § 2727 of this title. Such course offerings by State assisted or private instructional
services may be reimbursed under this section and § 2727 of this title. The Secretary may also enter into contracts for needed services
related to the courses.
(e) The Department of Transportation shall adopt the Motorcycle Safety Foundation Motorcycle Rider Course curricula or establish
other equivalent minimum course requirements, designed to develop and instill the knowledge, attitudes, habits and skills necessary for
the safe operation of a motorcycle.
(f) The Department shall adopt rules and regulations which are necessary to carry out the provisions of the motor rider education
program.
(g) For any person who successfully completes the motorcycle rider education program, the Department’s motorcycle written
examination and road test shall be waived.
(h) The total budget for the motorcycle rider education program shall be based on the revenue available or estimated to be available
in the special account established for the motorcycle rider education program.
(65 Del. Laws, c. 27, § 1; 74 Del. Laws, c. 110, §§ 61, 62.)
§ 2727. Motorcycle rider education program — Requirements for instructors.
The Department shall establish minimum requirements for the qualification for a motorcycle rider education instructor. The minimum
requirements shall include, but not be limited to, the following:
(1) The instructor shall have a high school diploma or its equivalent.
(2) The instructor must be at least 18 years of age and must hold a valid driver’s license and a valid motorcycle endorsement.
(3) The instructor must hold a valid motorcycle endorsement and must have had at least 2 years of motorcycle riding experience.
(4) The instructor’s driver’s license shall not have been suspended or revoked any time during the immediately preceding 2 years.
(5) The instructor shall have no convictions for driving under the influence of alcohol or drugs during the immediately preceding 5
years nor shall the instructor have been subject to § 4177B of this title during the immediately preceding 5 years.
(6) The instructor shall not have any convictions for moving traffic violations with a total of 4 points during the immediately preceding
2 years.
(7) Instructors who are licensed in other states must furnish certified copies of their driving records to the Division of Motor Vehicles.
An applicant shall not be eligible for instructor status until the instructor’s driving record for the immediately preceding 5 years is
furnished.
(8) The instructor must have a Motorcycle Safety Foundation certification as an instructor.
(65 Del. Laws, c. 27, § 1; 70 Del. Laws, c. 186, § 1.)
Subchapter II
Suspension or Revocation
§ 2731. Duty of courts and police officers.
(a) Every court and police officer having jurisdiction over offenses committed under any law of this State regulating the operation of
motor vehicles on highways shall forward to the Department a record of the conviction of any person in any court for a violation of any
of such laws within 30 days of the disposition of the case and may recommend the suspension of the driver’s license of the person so
convicted. The Department shall thereupon consider and act upon such recommendation in such manner as it deems best.
(b) The Justice of the Peace Court and the Court of Common Pleas shall forward to the Department a record of the name and address
of a person convicted of a motor vehicle offense that originated in the voluntary assessment center under § 709 of this title who has been
sentenced to pay a fine, fee, cost, assessment, or restitution and who has failed to pay the fine, fee, cost, assessment, or restitution at the
time sentence was imposed or in accordance with an order of the court. The Justice of the Peace Court and the Court of Common Pleas
shall include in the record the amount of the fine, fee, cost, assessment, or restitution owed by the convicted person. When the convicted
person pays the fine, fee, cost, assessment, or restitution in full, the clerk or prothonotary shall provide the convicted person with a receipt
confirming that the fine, fee, cost, assessment, or restitution has been paid in full.
(c) The voluntary assessment center shall forward to the Department a record of the name and address of each person who has been
given a Uniform Traffic Complaint and Summons on which a voluntary assessment was permitted pursuant to § 709 of this title and
who has failed to do any of the following:
(1) Pay the voluntary assessment within 30 days from the date of arrest.
(2) Notify the court or voluntary assessment center with 30 days from the date of arrest, in writing, that the person wishes to have
a hearing on the charge stated in the Uniform Traffic Complaint and Summons.
(3) Appear at trial on the charge stated in the Uniform Traffic Complaint and Summons on the date and time required by the court.
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(4) Pay the fine on the charge stated in the Uniform Traffic Complaint and Summons in accordance with a deferred payment order.
(36 Del. Laws, c. 10, § 66; Code 1935, § 5604; 21 Del. C. 1953, § 2731; 57 Del. Laws, c. 512, § 1; 65 Del. Laws, c. 77, § 9; 68
Del. Laws, c. 388, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 458, § 1; 73 Del. Laws, c. 234, § 4; 80 Del. Laws, c. 137, § 3;
80 Del. Laws, c. 201, § 1; 83 Del. Laws, c. 441, § 10.)
§ 2732. Mandatory revocation or suspension of license or refusal to renew or issue a duplicate license.
(a) The Department shall forthwith revoke the license or driving privileges or both of any person upon receiving a record of the
conviction, or adjudication of delinquency by Family Court for acts which would constitute such an offense if committed by an adult,
of such person of any of the following crimes:
(1) a. Upon a conviction of manslaughter, under § 632 of Title 11, if the manslaughter resulted directly from the use of a motor
vehicle, or upon conviction of vehicular homicide first degree, pursuant to § 630A of Title 11, the license or driving privileges or both
of the person so convicted shall be revoked for a period of 4 years.
b. Upon a conviction of vehicular homicide second degree, pursuant to § 630 of Title 11, or upon a conviction for criminally
negligent homicide if the homicide resulted directly from the use of a motor vehicle, the license or driving privileges or both of any
person so convicted shall be revoked for a period of 3 years.
(2) a. Upon conviction for assault first degree, pursuant to § 613 of Title 11 or assault second degree, pursuant to § 612 of Title 11,
if the assault resulted directly from the use of a motor vehicle or upon a conviction of vehicular assault first degree, pursuant to § 629
of Title 11, the license or driving privileges or both of any person so convicted shall be revoked for a period of 2 years.
b. Upon conviction for vehicular assault second degree, pursuant to § 628A of Title 11, the license or driving privileges or both
of any person so convicted shall be revoked for a period of 1 year.
(3) Driving a vehicle while under the influence of intoxicating liquor or narcotic drug; provided that upon successful completion of
the Court of Common Pleas Driving Under the Influence Treatment Program the revocation may be rescinded;
(4) Perjury or the making of a false affidavit to the Department under this chapter or any other law of this State requiring the
registration of motor vehicles or regulating their operation on highways;
(5) Any crime punishable as a felony under the motor vehicle laws of this State or any other felony in the commission of which
a motor vehicle is used;
(6) Conviction or forfeiture of bail upon 3 charges of reckless driving all within the preceding 12 months; but no license shall be
revoked by reason of any conviction or convictions upon the charge of overloading any vehicle as provided in § 4502 of this title;
(7) A conviction of a driver of a motor vehicle involved in an accident resulting in the death or injury of another person upon a
charge of failing to stop and disclose the driver’s identity at the scene of the accident;
(8) A conviction of attempting to flee or elude a police officer after having received a visual or audible signal from the officer as
provided in § 4103(b) of this title.
(b) On receiving a record of the failure to timely complete a course of instruction under § 4175A or § 4177D of this title, the Department
or its successor, shall do all of the following:
(1) If the convicted person is a resident of this State, forthwith suspend the convicted person’s license until the court finds that the
person has completed the necessary course of instruction and paid all applicable course fees.
(2) If the convicted person is a nonresident of this State, forthwith suspend the convicted person’s driving privileges in this State
and immediately advise the Motor Vehicle Administrator of the state wherein the convicted person is a resident that the convicted
person has failed to timely complete a course of instruction under § 4175A or § 4177D of this title, and requesting that the convicted
person’s license to drive be suspended until the court finds that the person has completed the necessary course of instruction and paid
all applicable course fees.
(c) The Division shall forthwith revoke the license or driving privileges, or both, of any child upon notification by the Family Court
of the State pursuant to § 1009 of Title 10.
(d) Upon receipt of notification from the Family Court pursuant to § 516(g) of Title 13, or notice from the Director of the Division
of Child Support Services pursuant to § 2216 of Title 13 regarding the suspension of a license because of such person’s child support
delinquency, the Department shall forthwith suspend such person’s commercial driver license or license to operate a motor vehicle. The
provisions of §§ 516(g) and 2216 of Title 13 shall supersede any provisions of this title to the contrary with respect to any matter relating
to the denial or suspension of a license under § 516(g) or § 2216 of Title 13. The Department shall create and maintain a record showing
a suspended driving status for a person whose license is suspended pursuant to this subsection. A license so suspended shall remain
suspended until the person obtains written certification from the Family Court or the Director of the Division of Child Support Services or
the Director’s designee that the grounds for suspension of the license under § 516(g) or § 2216 of Title 13 no longer exist. No occupational
license may be issued in any case in which a license has been suspended pursuant to § 516(g) or § 2216 of Title 13.
(e) [Repealed.]
(f) The convictions included in subsections (a) and (b) of this section shall be deemed to include convictions for any violation of this
title or a local ordinance or regulation substantially conforming to a state statutory provision.
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(g) (1) When the name and address of a resident of this State has been forwarded to the Department under § 2731(b) of this title, the
Department shall refuse to renew the person’s license or issue any duplicate license to the person until the person provides evidence to
the Department that the person has paid in full the fine, fee, cost, assessment, or restitution stated in the record under § 2731(b) of this
title. The person shall present the Department with the receipt provided by the clerk or prothonotary under § 2731(b) of this title.
(2) When the name and address of a resident of this State has been forwarded to the Department under § 2731(c) of this title, the
Department shall refuse to renew the person’s license or issue any duplicate license to the person until the person provides evidence
to the Department that any of the following has occurred:
a. The fine on the charge stated in the Uniform Traffic Complaint and Summons has been paid.
b. The person has appeared before the court and made arrangements to take care of the charge stated in the Uniform Traffic
Complaint and Summons.
c. The person has been adjudicated not guilty of the charge stated in the Uniform Traffic Complaint and Summons.
(36 Del. Laws, c. 10, § 67; Code 1935, § 5605; 46 Del. Laws, c. 53; 46 Del. Laws, c. 187; 47 Del. Laws, c. 145; 47 Del. Laws, c.
393, § 1; 21 Del. C. 1953, § 2732; 57 Del. Laws, c. 225, §§ 1, 2; 57 Del. Laws, c. 512, § 2; 59 Del. Laws, c. 307, § 2; 60 Del.
Laws, c. 702, § 3; 63 Del. Laws, c. 429, § 1; 63 Del. Laws, c. 449, § 2; 67 Del. Laws, c. 429, § 5; 70 Del. Laws, c. 186, § 1; 70
Del. Laws, c. 259, § 4; 70 Del. Laws, c. 452, §§ 5, 6; 71 Del. Laws, c. 216, § 84; 71 Del. Laws, c. 272, § 5; 72 Del. Laws, c. 458, §
2; 73 Del. Laws, c. 234, § 5; 74 Del. Laws, c. 285, § 2; 78 Del. Laws, c. 168, § 9; 79 Del. Laws, c. 378, § 6; 80 Del. Laws, c. 137,
§ 4; 80 Del. Laws, c. 201, § 1; 80 Del. Laws, c. 234, § 22; 82 Del. Laws, c. 228, § 1; 83 Del. Laws, c. 441, § 11.)
§ 2733. Discretionary suspension or revocation of license or driving privileges.
(a) The Department may immediately suspend the license and driving privileges or both of any person without hearing and without
receiving a record of conviction of such person of crime whenever the Department has reason to believe that such person:
(1) Has committed any offense for the conviction of which mandatory revocation of license and driving privileges or both is provided
in § 2732 of this title, but no license shall be suspended by reason of any conviction or convictions upon the charge of overloading
any vehicle as provided in § 4502 of this title;
(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to
any other person or serious property damage;
(3) Is incompetent to drive a motor vehicle or is a person with mental or physical disabilities rendering it unsafe for such person
to drive a motor vehicle upon the highways;
(4) Is an habitual reckless or negligent driver of a motor vehicle or has committed a serious violation of the motor vehicle laws
of this State;
(5) Has violated § 2751(a) or (b) of this title;
(6) Has violated § 6702 of this title;
(7) Has violated § 2118A of this title; or
(8) Has violated § 4129 of this title based upon notification of such violation provided by the Department of Transportation to the
Department. However, no suspension of driving privileges shall take place if the toll(s), administrative fee and civil penalty has been
paid prior to the hearing required under subsection (b) of this section.
(b) Whenever the Department suspends the license of any person for any reason set forth in subsection (a) of this section, the Department
shall immediately notify the licensee and afford the licensee an opportunity of a hearing before the Department in the county wherein the
licensee resides. Upon such hearing the Department shall either rescind its order of suspension or, good cause appearing therefor, may
suspend the license of such person for a further period or revoke the license.
(c) The Department may suspend or revoke the right of any nonresident to operate a motor vehicle in this State for any cause for which
the license of a resident operator or chauffeur may be suspended or revoked, and any nonresident who operates a motor vehicle upon a
highway when the right to operate has been suspended or revoked by the Department shall be punished as provided in § 2756 of this title.
(d) (1) The Department may suspend or revoke the license of any resident of this State upon receiving notice of the conviction of such
person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the
license of an operator or chauffeur. The Department may, upon receiving a record of the conviction in this State of a nonresident driver
of a motor vehicle of any offense under the motor vehicle laws of this State, forward a certified copy of such record to the Motor Vehicle
Administrator in the state wherein the person so convicted is a resident.
(2) If the Department takes action pursuant to this subsection because of the receipt of notice of the conviction in another state of
a resident of this State for operating a vehicle without insurance, it shall provide the resident with the opportunity to produce for the
Department sufficient proof of insurance as determined by the Department showing such insurance to have been in full force and effect
at all pertinent times on the day of the occurrence of the offense. If the Department determines that such insurance was in full force
and effect at all pertinent times on the day of the occurrence of the offense, the resident’s driver’s license shall be reinstated without a
fee and the notation relating to the Department’s action shall be removed from the resident’s driving record.
(e) The Department shall not suspend a license for a period of more than 1 year, and upon suspending or revoking any license shall
require that such license so suspended or revoked be surrendered to the Department to be retained by it, except that at the end of a period
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of suspension the license so surrendered shall be returned to the licensee upon payment of the reinstatement fee as provided in § 2737
of this title.
(f) The Department, upon receiving a record of the conviction of any person upon a charge of operating a motor vehicle while the
license and driving privileges or both of such person is suspended or revoked, shall immediately extend the period of such first suspension
or revocation for an additional like period.
(g) In the event of a suspension of a driver’s license pursuant to this section, the Department may issue an occupational license during a
period of suspension upon application by the applicant upon a form prescribed by the Department and sworn to by the applicant; provided,
that the applicant sets forth in said application that the suspension of such license has created an extreme hardship in the conduct of the
business usually transacted by the applicant, and that there have been no more than 2 such prior suspensions; provided, however, that
no such occupational license shall be issued if the license of the applicant has been suspended for physical and/or mental disability or
if the license of the applicant has been revoked for conviction of any of the crimes specified in § 2732 of this title, even though the
revocation has created an extreme hardship.
(h) The Department, upon receiving a record of convictions of any person upon a charge of operating a motor vehicle in violation
of the restriction imposed upon said occupational license during the period of such occupational license, shall immediately extend the
period of such suspension for an additional like period and shall forthwith direct such person to surrender said occupational license to
the Department.
(i) Any person whose operator’s or chauffeur’s license has been suspended and to whom an occupational license has been issued, who
drives any motor vehicle upon the highways of this State contrary to the restrictions placed upon such occupational license during the
period of such occupational license, upon conviction thereof, shall be fined not less than $25 nor more than $200.
(j) The Department ordinarily may not suspend a license based upon a driving record prior to 2 years before the date of the intended
suspension. If at the discretion of the Secretary a longer record period should be considered, a suspension may be based upon such longer
driving record period.
(k) The Division shall forthwith suspend the license or driving privileges, or both, of any child upon notification by the Family Court
of the State pursuant to § 1009 of Title 10.
(l) Except when the name and address of a resident of this State has been forwarded to the Department under § 2731(c) of this title,
the Department may, upon receiving a record, notice, or certification of noncompliance by a person for a citation, summons, ticket, or
other document issued by an arresting officer for violation of a traffic law, ordinance, rule, or regulation ordering the arrested motorist to
appear, suspend the driver’s license or driving privileges of the person who failed to comply. The Department shall not have this power
of suspension in cases of parking violations.
(m) When the name and address of a nonresident of this State has been forwarded to the Department under § 2731(c) of this title,
the Department may suspend the person’s driving privileges in this State and immediately advise the motor vehicle administrator of the
state in which the person is a resident that the person’s license to drive be suspended until the person provides evidence that any of the
following has occurred:
(1) The fine on the charge stated in the Uniform Traffic Complaint and Summons has been paid.
(2) The person has appeared before the court and made arrangements to take care of the charge stated in the Uniform Traffic Complaint
and Summons.
(3) The person has been adjudicated not guilty of the charge stated in the Uniform Traffic Complaint and Summons.
(36 Del. Laws, c. 10, § 68; 37 Del. Laws, c. 10, § 21; Code 1935, § 5606; 43 Del. Laws, c. 247; 46 Del. Laws, c. 121, §§ 1, 2; 47
Del. Laws, c. 393, § 2; 21 Del. C. 1953, § 2733; 53 Del. Laws, c. 89; 54 Del. Laws, c. 261; 54 Del. Laws, c. 273; 57 Del. Laws,
c. 126, §§ 1-3; 57 Del. Laws, c. 167; 57 Del. Laws, c. 670, § 11A; 59 Del. Laws, c. 307, § 6; 60 Del. Laws, c. 615, § 1; 62 Del.
Laws, c. 261, §§ 1-3; 65 Del. Laws, c. 77, § 5; 68 Del. Laws, c. 406, § 2; 70 Del. Laws, c. 37, § 1; 70 Del. Laws, c. 186, § 1; 70
Del. Laws, c. 259, § 5; 71 Del. Laws, c. 13, § 1; 74 Del. Laws, c. 235, § 1; 79 Del. Laws, c. 371, § 23; 80 Del. Laws, c. 137, § 5;
80 Del. Laws, c. 201, § 1.)
§ 2734. Appeal.
Any person denied a license or whose license has been revoked by the Department, except where such revocation is mandatory under
this chapter, may appeal to the Court of Common Pleas in the county wherein such person resides. In the case of revocation, such appeal
shall not operate as a stay. An appeal of a suspension of a license pursuant to § 516(g) or § 2216 of Title 13 shall be only as provided
in Title 13.
(36 Del. Laws, c. 10, §§ 59, 69; 40 Del. Laws, c. 38, § 3; Code 1935, §§ 5597, 5607; 21 Del. C. 1953, § 2734; 69 Del. Laws, c.
333, § 2; 70 Del. Laws, c. 452, § 7; 71 Del. Laws, c. 216, § 85.)
§ 2735. New license after revocation; exception.
Except as otherwise provided in § 2732 of this title, a person whose license is revoked under this chapter shall not be entitled to apply
for or receive a new license to drive until the expiration of 1 year from the date such former license was revoked.
(21 Del. C. 1953, § 2735; 50 Del. Laws, c. 572, § 1; 60 Del. Laws, c. 701, § 70; 63 Del. Laws, c. 429, § 2.)
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§ 2736. Notice; evidence of motor vehicle records.
(a) Whenever a license is suspended or revoked under this subchapter notice shall be given to the holder of such license.
(b) Such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit of such notice in the
United States mail in an envelope with postage prepaid, addressed to such person at the person’s address as shown by the records of the
Department. The giving of notice by mail is complete upon the expiration of 4 days after such deposit of such notice.
(c) In any prosecution under this chapter, proof of the giving of notice of suspension or revocation in a manner provided for by subsection
(b) of this section may be made by:
(1) The certificate of any officer or employee of the Department;
(2) An affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time,
place and manner of the giving thereof; or
(3) A computer generated list of those persons whose suspension and/or revocation notices have been electronically processed
through a computer interface system of the Department and a court, such list having been generated electronically at the same time
the notice is processed by the computer system.
(d) In the event that 1 of the means of proof of the giving of notice enumerated in subsection (c) of this section is utilized, then it shall
be unnecessary for any employee or agent of the Department to appear personally in court.
(e) In any prosecution under this Code, a conviction record as maintained in the Division of Motor Vehicles, which has been certified
by the Director of the Division of Motor Vehicles, may be admitted into evidence and shall be competent evidence that the person named
therein was duly convicted of each offense enumerated therein and of the status of that person’s driving license and/or privileges. It shall
be unnecessary for any employee or agent of the Department to personally appear for the admission into evidence of such conviction
record in any proceeding under this Code.
(21 Del. C. 1953, § 2736; 50 Del. Laws, c. 411, § 1; 58 Del. Laws, c. 511, § 46; 69 Del. Laws, c. 368, § 1; 70 Del. Laws, c. 186, §
1; 70 Del. Laws, c. 416, §§ 1-3.)
§ 2737. Fee for return of suspended license and/or driving privileges.
Any person whose license and/or driving privileges has been suspended or disqualified shall pay a fee of $50 at the end of such
suspension or disqualification for the return of the person’s license and/or the reinstatement of the person’s driving privileges.
(21 Del. C. 1953, § 2737; 57 Del. Laws, c. 94; 60 Del. Laws, c. 387, § 1; 62 Del. Laws, c. 238, § 1; 63 Del. Laws, c. 430, § 9; 64
Del. Laws, c. 13, § 9; 67 Del. Laws, c. 157, § 10; 67 Del. Laws, c. 260, § 1; 67 Del. Laws, c. 270, § 1; 70 Del. Laws, c. 186, § 1;
80 Del. Laws, c. 77, § 7.)
§ 2738. Fee for return of revoked license or driving privileges.
(a) Except as otherwise provided in subsection (b) of this section, an individual whose license or driving privileges have been revoked
must pay a fee of $200 at the end of the revocation for the reinstatement of the individual’s license or driving privileges. The reinstatement
fee described in this subsection does not include the fee for the issuance of a new license.
(b) An individual eligible for reinstatement of the individual’s license or driving privileges who applies for reinstatement within 1 year
of being released from the custody of the Department of Correction may not be charged the reinstatement fee described in subsection
(a) of this section. For purposes of this subsection, “custody of the Department of Correction” has the same meaning as “Accountability
Level V sanction” as defined in § 4204(c) of Title 11.
(63 Del. Laws, c. 430, § 10; 64 Del. Laws, c. 13, § 10; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 77, §
8; 83 Del. Laws, c. 18, § 1.)
§ 2739. Fee for occupational and conditional license.
Any person whose license and/or driving privileges has been suspended or revoked pursuant to this title and who applies for an
occupational license or conditional license shall pay a fee of $10 for such occupational or conditional license.
(67 Del. Laws, c. 239, § 1.)
§ 2739A. Suspension resulting from active military duty; reinstatement.
(a) In any case in this or any other jurisdiction in which an operator is charged with an initial driving offense for which a mandatory
court appearance is scheduled, and the operator’s driving license is suspended in this State by the Division of Motor Vehicles for failure
to appear at the scheduled hearing, the operator shall not be convicted of a subsequent violation of § 2701(b) or § 2756 of this title if,
prior to conviction on the subsequent offense, the operator shall produce to the court in which the subsequent offense is to be tried military
orders establishing that the operator was on active military duty, without authorized leave, at a location that precluded attendance at the
hearing of the initial offense, and proof positive of payment or other complete disposition of the initial offense.
(b) In the event of dismissal or withdrawal of the charge under § 2701(b) or § 2756 of this title under the circumstances set forth in
subsection (a) of this section, the Division of Motor Vehicles shall reinstate or lift the suspension on the license of the operator upon
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receipt of proof of such dismissal or withdrawal of the charges. Such proof may be in the form of notice from the court or prosecuting
official or other information satisfactory to the Division. Any fee that would otherwise be required for such reinstatement shall be waived.
(c) In the event that no subsequent charge has resulted from the suspension, upon presentation to the Division of Motor Vehicles of the
same material set forth in subsection (a) of this section, the Division shall reinstate or lift the suspension on the license of the operator.
Any fee that would otherwise be required for such reinstatement shall be waived.
(74 Del. Laws, c. 30, § 1.)
Subchapter III
Suspension and Revocation of License for Refusal to Submit to Chemical Test
§ 2740. Consent to submit to chemical test; probable cause; test required.
(a) Any person who drives, operates or has in actual physical control a vehicle, an off-highway vehicle, or a moped within this State
shall be deemed to have given consent, subject to this section and §§ 4177 and 4177L of this title to a chemical test or tests of that person’s
blood, breath and/or urine for the purpose of determining the presence of alcohol or a drug or drugs. The testing may be required of a
person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of
§§ 4177 and 4177L or § 2742 of this title, or a local ordinance substantially conforming thereto.
(b) The testing shall be required of a person when an officer has probable cause to believe the person was driving, operating or in
physical control of a vehicle in violation of § 4177 or § 2742 of this title or a local ordinance substantially conforming thereto and was
involved in an accident which resulted in a person’s death. In the event of a fatal accident if the officer does not believe that probable
cause exists to require testing, then the officer shall file a written report outlining the reasons for that determination.
(21 Del. C. 1953, § 2740; 57 Del. Laws, c. 52; 61 Del. Laws, c. 474, § 1; 63 Del. Laws, c. 430, § 1; 64 Del. Laws, c. 13, § 1; 70
Del. Laws, c. 36, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 236, § 1; 70 Del. Laws, c. 265, § 1.)
§ 2741. Administration of test; refusal to take test.
(a) At the time a chemical test specimen is required, the person may be informed that if testing is refused, the person’s driver’s license
and/or driving privilege shall be:
(1) Revoked for a period of at least 1 year if a violation of § 4177 is alleged; or
(2) Revoked for a period of at least 2 months if a violation of § 4177L is alleged.
The test(s) shall be administered by qualified personnel, as defined in § 2746 of this title, at the direction of the police officer who
shall designate which of the tests shall be administered.
(b) If there are reasonable grounds to believe that there is impairment by a drug or drugs which are not readily subject to detection by
a breath test, a blood and/or urine test may be required even after a breath test has been administered.
(c) The fact that the police officer offered or required a person to submit to a preliminary screening test of the person’s breath in order
to estimate the alcohol concentration of the person’s blood, at the scene of the stop or other initial encounter between the officer and the
person, shall have no bearing upon the implied consent provisions of this chapter. Refusal to take such a preliminary screening test shall
not be deemed an implied consent violation nor shall the taking of such a test satisfy the requirements of the implied consent law.
(21 Del. C. 1953, § 2740A; 57 Del. Laws, c. 52; 61 Del. Laws, c. 474, § 1; 63 Del. Laws, c. 430, § 2; 64 Del. Laws, c. 13, § 2; 70
Del. Laws, c. 36, § 12; 70 Del. Laws, c. 186, § 1.)
§ 2742. Revocation; notice; hearing [Effective until fulfillment of the contingency in 81 Del. Laws, c. 155, §
2].
(a) If a person refuses to permit chemical testing, after being informed of the penalty of revocation for such refusal, the test shall not be
given but the police officer shall report the refusal to the Department. The police officer may, however, take reasonable steps to conduct
such chemical testing even without the consent of the person if the officer seeks to conduct such test or tests without informing the person
of the penalty of revocation for such refusal and thereby invoking the implied consent law.
(b) (1) Upon certification by the police officer that there existed probable cause to believe that the person had been acting in violation
of § 4177 of this title or a local ordinance substantially conforming thereto and that the person refused to submit to a chemical test
after being informed of the penalty of revocation for such refusal, the Secretary shall revoke the person’s driver’s license and/or driving
privilege for a period of 1 year for a person with no previous violation of § 4177 of this title or this section or a similar statute of any
state or the District of Columbia or local government, within 5 years of the date of the charge in question; 18 months’ revocation for a
person with 1 previous violation of such statutes as described above; and 24 months’ revocation for a person with 2 or more previous
violations of such statutes as described above.
(2) Upon certification by the police officer that there existed probable cause to believe that the person had been acting in violation
of § 4177L of this title or a local ordinance substantially conforming thereto and that the person refused to submit to a chemical test
after being informed of the penalty of revocation for such refusal, the Secretary shall revoke the person’s driver’s license and/or driving
privilege for a period of 2 months for a person with no previous violation of § 4177L of this title or this section or a similar statute of
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any state or the District of Columbia or local government; 6 months for a person with a previous violation of such statutes as described
above; and 12 months revocation for a person with 2 or more previous violations of such statutes as described above.
(c) Except in those cases wherein the police officer acts pursuant to subsection (b) of this section:
(1) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177 of
this title or a local ordinance substantially conforming thereto and the person was arrested on that occasion for a violation of § 4177
of this title or a local ordinance substantially conforming thereto or for violation of a criminal statute dealing with injury or death
caused to another person by the person’s driving or operation of the vehicle, if driving under the influence is included as an element of
such charge, the Secretary shall revoke the person’s driver’s license and/or driving privilege for a period of 3 months for a first time
DUI offender, 1 year for a second DUI offender, or 18 months for more than 2 DUI offenses. For purposes of this subsection, a DUI
offender shall include anyone who has previously committed a first offense as defined in § 4177B(e) or lost their license pursuant to
this section and any person convicted of a violation of § 4177 of this title or similar statutes of any state or the District of Columbia or
local government within 5 years of the date of the charge in question, a revocation within 5 years of said date for an implied consent
violation or a revocation within 5 years of said date under this subsection.
(2) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177L
of this title or a local ordinance substantially conforming thereto, and the person was arrested on that occasion for a violation of §
4177L of this title or a local ordinance substantially conforming thereto, the Secretary shall revoke the person’s driver’s license and/
or driving privileges for a period of 2 months for the first offense under said section or from 6 to 12 months for each subsequent offense
pursuant to said section.
(d) No revocation under subsection (b) or (c) of this section is effective until the Secretary or a police officer or other person acting on
the Secretary’s behalf notifies the person of the revocation and allows the person a 15-day period to request of the Secretary in writing
a hearing as herein provided. If no request is filed in writing with the Division of Motor Vehicles within the 15-day period, the order of
revocation becomes effective. If a request for a hearing is filed, a revocation is not effective until the final decision of the hearing officer
resulting in a decision adverse to the person.
(e) On behalf of the Secretary, the police officer offering a chemical test or directing the administration of a chemical test shall serve
immediate notice of revocation on a person who refuses to permit chemical testing after being informed of the penalty of revocation for
such refusal, or on a person who is arrested on that occasion, either for a violation of § 4177 or § 4177L of this title or a local ordinance
substantially conforming thereto or for violation of a criminal statute dealing with injury or death caused to another person by the person’s
driving or operation of the vehicle, if driving under the influence is included as an element of such charge. The officer shall take the
Delaware license or permit of the driver in any such case and issue a temporary license effective only for 15 days with a provision for
an additional period if a written request for a hearing is received by the Division of Motor Vehicles within the 15-day period. The police
officer shall send the person’s driver’s license or permit to the Secretary along with the certificate required by subsection (b) or (c) of
this section.
(f) The hearing under this section shall be before the Secretary or the Secretary’s designee. The scope of the hearing shall cover the
issues of:
(1) With respect to subsections (b) and (c) of this section, whether the police officer had probable cause to believe the person was in
violation of § 4177 or § 4177L of this title or a local ordinance substantially conforming thereto.
(2) With respect to paragraph (c)(1) of this section, whether by a preponderance of the evidence it appears that the person was
in violation of § 4177 of this title or a local ordinance substantially conforming thereto. For purposes of this subsection an alcohol
concentration of .08 or more pursuant to testing provided for in this section, or § 4177 of this title, or a positive indication of the
presence of drugs, shall be conclusive evidence of said violation.
(3) With respect to paragraph (c)(2) of this section, whether by a preponderance of the evidence it appears that the person was in
violation of § 4177L of this title or a local ordinance substantially conforming thereto. For purposes of this subsection an alcohol
concentration of .02 or more pursuant to the testing referred to in this section shall be conclusive evidence of said violation.
(4) With respect to subsection (b) of this section, whether the person refused to permit the test after being informed of the penalty
of revocation for such refusal.
(g) The hearing specified in this section shall be scheduled within 60 days following the filing of the request for a hearing.
(h) In addition to the revocation authorized by this section, the Secretary shall require attendance of the person whose license is revoked
at a course of instruction or rehabilitation program established under § 4177D of this title.
(21 Del. C. 1953, § 2740B; 57 Del. Laws, c. 52; 57 Del. Laws, c. 620, § 12A; 61 Del. Laws, c. 474, § 1; 63 Del. Laws, c. 307, § 1;
63 Del. Laws, c. 430, § 3; 64 Del. Laws, c. 13, § 3; 70 Del. Laws, c. 26, § 11; 70 Del. Laws, c. 36, §§ 3, 5-7, 13-15; 70 Del. Laws,
c. 186, § 1; 72 Del. Laws, c. 92, § 13; 74 Del. Laws, c. 333, § 4; 75 Del. Laws, c. 397, § 14; 79 Del. Laws, c. 396, § 1.)
§ 2742. Revocation; notice; hearing [Effective upon fulfillment of the contingency in 81 Del. Laws, c. 155, §
2].
(a) If a person refuses to permit chemical testing, after being informed of the penalty of revocation for such refusal, the test shall not be
given but the police officer shall report the refusal to the Department. The police officer may, however, take reasonable steps to conduct
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such chemical testing even without the consent of the person if the officer seeks to conduct such test or tests without informing the person
of the penalty of revocation for such refusal and thereby invoking the implied consent law.
(b) (1) Upon certification by the police officer that there existed probable cause to believe that the person had been acting in violation
of § 4177 of this title or a local ordinance substantially conforming thereto and that the person refused to submit to a chemical test
after being informed of the penalty of revocation for such refusal, the Secretary shall revoke the person’s driver’s license and/or driving
privilege for a period of 1 year for a person with no previous violation of § 4177 of this title or this section or a similar statute of any
state or the District of Columbia or local government, within 5 years of the date of the charge in question; 18 months’ revocation for a
person with 1 previous violation of such statutes as described above; and 24 months’ revocation for a person with 2 or more previous
violations of such statutes as described above.
(2) Upon certification by the police officer that there existed probable cause to believe that the person had been acting in violation
of § 4177L of this title or a local ordinance substantially conforming thereto and that the person refused to submit to a chemical test
after being informed of the penalty of revocation for such refusal, the Secretary shall revoke the person’s driver’s license and/or driving
privilege for a period of 2 months for a person with no previous violation of § 4177L of this title or this section or a similar statute of
any state or the District of Columbia or local government; 6 months for a person with a previous violation of such statutes as described
above; and 12 months revocation for a person with 2 or more previous violations of such statutes as described above.
(c) Except in those cases wherein the police officer acts pursuant to subsection (b) of this section:
(1) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177 of
this title or a local ordinance substantially conforming thereto and the person was arrested on that occasion for a violation of § 4177
of this title or a local ordinance substantially conforming thereto or for violation of a criminal statute dealing with injury or death
caused to another person by the person’s driving or operation of the vehicle, if driving under the influence is included as an element of
such charge, the Secretary shall revoke the person’s driver’s license and/or driving privilege for a period of 3 months for a first time
DUI offender, 1 year for a second DUI offender, or 18 months for more than 2 DUI offenses. For purposes of this subsection, a DUI
offender shall include anyone who has previously committed a first offense as defined in § 4177B(e) or lost their license pursuant to
this section and any person convicted of a violation of § 4177 of this title or similar statutes of any state or the District of Columbia or
local government within 5 years of the date of the charge in question, a revocation within 5 years of said date for an implied consent
violation or a revocation within 5 years of said date under this subsection.
(2) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177L
of this title or a local ordinance substantially conforming thereto, and the person was arrested on that occasion for a violation of §
4177L of this title or a local ordinance substantially conforming thereto, the Secretary shall revoke the person’s driver’s license and/
or driving privileges for a period of 2 months for the first offense under said section or from 6 to 12 months for each subsequent offense
pursuant to said section.
(d) No revocation under subsection (b) or (c) of this section is effective until the Secretary or a police officer or other person acting on
the Secretary’s behalf notifies the person of the revocation and allows the person a 15-day period to request of the Secretary in writing
a hearing as herein provided. If no request is filed in writing with the Division of Motor Vehicles within the 15-day period, the order of
revocation becomes effective. If a request for a hearing is filed, a revocation is not effective until the final decision of the hearing officer
resulting in a decision adverse to the person.
(e) On behalf of the Secretary, the police officer offering a chemical test or directing the administration of a chemical test shall serve
immediate notice of revocation on a person who refuses to permit chemical testing after being informed of the penalty of revocation for
such refusal, or on a person who is arrested on that occasion, either for a violation of § 4177 or § 4177L of this title or a local ordinance
substantially conforming thereto or for violation of a criminal statute dealing with injury or death caused to another person by the person’s
driving or operation of the vehicle, if driving under the influence is included as an element of such charge. The officer shall take the
Delaware license or permit of the driver in any such case and issue a temporary license effective only for 15 days with a provision for
an additional period if a written request for a hearing is received by the Division of Motor Vehicles within the 15-day period. The police
officer shall send the person’s driver’s license or permit to the Secretary along with the certificate required by subsection (b) or (c) of
this section.
(f) The hearing under this section shall be before the Secretary or the Secretary’s designee. The scope of the hearing shall cover the
issues of:
(1) With respect to subsections (b) and (c) of this section, whether the police officer had probable cause to believe the person was in
violation of § 4177 or § 4177L of this title or a local ordinance substantially conforming thereto.
(2) With respect to paragraph (c)(1) of this section, whether by a preponderance of the evidence it appears that the person was
in violation of § 4177 of this title or a local ordinance substantially conforming thereto. For purposes of this subsection an alcohol
concentration of .08 or more pursuant to testing provided for in this section, or § 4177 of this title, or a positive indication of the
presence of drugs, shall be conclusive evidence of said violation.
(3) With respect to paragraph (c)(2) of this section, whether by a preponderance of the evidence it appears that the person was in
violation of § 4177L of this title or a local ordinance substantially conforming thereto. For purposes of this subsection an alcohol
concentration of .02 or more pursuant to the testing referred to in this section shall be conclusive evidence of said violation.
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(4) With respect to subsection (b) of this section, whether the person refused to permit the test after being informed of the penalty
of revocation for such refusal.
(g) The hearing specified in this section shall be scheduled within 60 days following the filing of the request for a hearing.
(h) In addition to the revocation authorized by this section, the Secretary shall require attendance of the person whose license is revoked
at a course of instruction or rehabilitation program established under § 4177D of this title.
(i) If a person’s driver’s license is revoked pursuant to subsections (b) or (c) of this section and the person has not yet been adjudicated
guilty and sentenced to the charge of driving under the influence, the Justice of the Peace Court may request in writing that the Division
of Motor Vehicles issue a conditional license to the revoked driver as a condition of pretrial release pursuant to § 2108 or § 2112 of Title
11 if the person is subject to continuous sobriety monitoring.
(1) When the Division of Motor Vehicles receives a request from the Justice of the Peace Court to issue a conditional license to
a revoked driver, the Division may issue a conditional license during the period of revocation provided the person’s driver’s license
is not suspended, revoked, denied, or otherwise unavailable for any other violation of the law of any jurisdiction that would prohibit
the issuance of the conditional license unless it is determined by the Secretary of Transportation or the Secretary’s designee that the
individual is eligible for reinstatement. This conditional license only permits the driver to operate a motor vehicle to travel to and from
work, school, medical appointments, any Court, or any appointments related to the driver’s continuous sobriety monitoring.
(2) If at any point the revoked driver ceases to be subject to continuous sobriety monitoring, the Justice of the Peace Court must
promptly notify the Division of Motor Vehicles of the change in the revoked driver’s status. The Division of Motor Vehicles must
direct such person to surrender said conditional license to the Division of Motor Vehicles and the Division of Motor Vehicles will
restore the full revocation of the driver’s license for the remainder of the term of the revocation.
(3) If at any point the Justice of the Peace Court determines, in its discretion, that the revoked driver is no longer entitled to a
conditional license, the Justice of the Peace Court must promptly notify the Division of Motor Vehicles of that determination. The
Division of Motor Vehicles must direct such person to surrender said conditional license to the Division of Motor Vehicles and must
restore the full revocation of the driver’s license for the remainder of the term of the revocation.
(4) Any person whose driver’s license has been revoked and to whom a conditional license has been issued under this chapter, and
who drives any motor vehicle upon the highways of this State contrary to the conditions placed upon such conditional license during the
period of such conditional license, is guilty of an unclassified misdemeanor, and, upon conviction thereof, shall be fined not less than
$28.75 or more than $230. The Division, upon receiving a record of conviction of any person operating a motor vehicle in violation
of the conditions imposed upon said conditional license, must forthwith direct such person to surrender said conditional license to the
Division of Motor Vehicles and must notify the Justice of the Peace Court of the cancellation of the conditional license.
(21 Del. C. 1953, § 2740B; 57 Del. Laws, c. 52; 57 Del. Laws, c. 620, § 12A; 61 Del. Laws, c. 474, § 1; 63 Del. Laws, c. 307, § 1;
63 Del. Laws, c. 430, § 3; 64 Del. Laws, c. 13, § 3; 70 Del. Laws, c. 26, § 11; 70 Del. Laws, c. 36, §§ 3, 5-7, 13-15; 70 Del. Laws,
c. 186, § 1; 72 Del. Laws, c. 92, § 13; 74 Del. Laws, c. 333, § 4; 75 Del. Laws, c. 397, § 14; 79 Del. Laws, c. 396, § 1; 81 Del.
Laws, c. 155, § 1.)
§ 2743. Duration of revocation.
(a) Any revocation pursuant to § 2742(b)(1) of this title shall be for a period of 1 year, 18 months or 24 months as appropriate, from
the effective date of the revocation.
(b) Any revocation pursuant to § 2742(c)(1) of this title shall be for a period of 3 months, 1 year or 18 months, as appropriate, from
the effective date of the revocation.
(c) The Secretary shall not issue a driver’s license to anyone who has been found in violation of § 2742(b)(1) or (c)(1) of this title until:
(1) They have satisfactorily completed a program established under § 4177D of this title; and
(2) Have paid all fees under the schedule adopted by the Secretary; and
(3) The individual has had a favorable character investigation conducted by the Division of Motor Vehicles.
(d) Any revocation pursuant to § 2742(b)(2) of this title shall be for a period of 2 months, 6 months or 12 months as appropriate, from
the effective date of the revocation.
(e) Any revocation pursuant to § 2742(c)(2) of this title shall be for a period of 2 months, 6 months or 12 months as appropriate, from
the effective date of the revocation.
(f) If, after expiration of the period of revocation and upon compliance with subsection (c) of this section, the Secretary refuses to issue a
driver’s license, the applicant may appeal the Secretary’s denial to the Court of Common Pleas in the county wherein the applicant resides.
(g) Notwithstanding subsection (a) of this section, upon satisfactory completion of a program established under § 4177D of this title a
person who is a first offender and meets the criteria specified in § 4177B(a) and whose license has been revoked pursuant to § 2742(b)
of this title shall be permitted to apply for a driver’s license under the following terms:
(1) Payment of all fees under the schedule adopted by the Secretary;
(2) At least 4 months have elapsed since the date of ignition interlock device (IID) installation and ignition interlock license issuance;
(3) The individual has had a favorable character investigation conducted by the Division of Motor Vehicles.
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(h) Notwithstanding subsections (a) and (b) of this section, any person who meets the criteria specified in § 4177C of this title may
be permitted to apply for the ignition interlock device [IID] to be installed on a vehicle to be driven by the applicant and may be issued
an IID license upon meeting the requirements specified in § 4177C of this title.
(21 Del. C. 1953, § 2740C; 57 Del. Laws, c. 52; 61 Del. Laws, c. 474, § 1; 63 Del. Laws, c. 307, § 3; 63 Del. Laws, c. 430, § 4; 64
Del. Laws, c. 13, § 4; 69 Del. Laws, c. 333, § 3; 70 Del. Laws, c. 36, §§ 10, 11, 16, 17; 75 Del. Laws, c. 397, § 10; 81 Del. Laws,
c. 204, § 1.)
§ 2744. Appeal.
The decision of the Secretary shall be final and not subject to judicial review or appeal, unless the Secretary rules against the person at
a hearing requested by such person in which event the person may appeal to the Court of Common Pleas, but the appeal shall not operate
as a stay of the revocation of that person’s license, permit or privilege to drive.
(21 Del. C. 1953, § 2740D; 57 Del. Laws, c. 52; 63 Del. Laws, c. 430, § 5; 64 Del. Laws, c. 13, § 5; 69 Del. Laws, c. 333, § 4; 70
Del. Laws, c. 186, § 1.)
§ 2745. Results of test available upon request.
Upon request of any person submitting to a chemical test under this subchapter the result of such test shall be made available to that
person, unless that person has entered a plea of guilty to the charge made against that person.
(21 Del. C. 1953, § 2740E; 57 Del. Laws, c. 52; 70 Del. Laws, c. 186, § 1.)
§ 2746. Persons qualified to administer tests.
Only duly licensed physicians, registered nurses, licensed practical nurses or other persons trained in medically accepted procedures
for the drawing of blood and employed by a hospital or other health care facility, acting at the request of a police officer, may withdraw
blood from a person submitting to a chemical test under this subchapter. This limitation shall not apply to obtaining a specimen of breath
or urine as to which qualified personnel shall include a police officer as well as the above personnel. Notwithstanding any other provision
of law to the contrary, it shall not be necessary in any proceeding under this Code to produce evidence that a person who has withdrawn
blood from a person submitting to a chemical test under this title was qualified to do so as defined in this section. Notwithstanding any
other provision of law to the contrary, it shall not be necessary to present the testimony of, or certification by, a person who has withdrawn
blood from a person pursuant to this section in order to establish chain of physical custody of such evidence.
(21 Del. C. 1953, § 2740F; 57 Del. Laws, c. 52; 66 Del. Laws, c. 160, § 1; 71 Del. Laws, c. 222, § 1.)
§ 2747. Alternate tests; physical incapacity.
If for any reason a person is physically unable to supply enough breath or complete the chemical test, that person shall submit to such
other chemical tests as authorized by this subchapter as the police officer shall elect, subject to the requirements of § 2746 of this title.
Any person who is unconscious or who is otherwise in a condition rendering that person incapable of refusal shall be deemed not to have
withdrawn the consent provided in § 2740 of this title and any test may be performed as provided in § 2746 of this title.
(21 Del. C. 1953, § 2740G; 57 Del. Laws, c. 52; 63 Del. Laws, c. 430, § 6; 64 Del. Laws, c. 13, § 6; 70 Del. Laws, c. 186, § 1.)
§ 2748. Civil liability.
A duly licensed physician, medical technician or registered nurse withdrawing a blood sample under this subchapter and a hospital
employing such physician, technician or nurse shall not be liable for civil damages for any acts or omissions arising out of the taking of
such sample, provided, however, this section shall not relieve such person from civil liability for any malicious act or gross negligence
perpetrated in taking the blood.
(21 Del. C. 1953, § 2740H; 57 Del. Laws, c. 52.)
§ 2749. Refusal to submit as admissible in evidence.
Upon the trial of any action or proceeding arising out of the acts alleged to have been committed by any person while in violation of
§ 4177 or § 4177L of this title or local ordinance substantially conforming thereto, the court may admit evidence of the refusal of such
person to submit to a chemical test of breath, blood or urine under this subchapter.
(21 Del. C. 1953, § 2740I; 57 Del. Laws, c. 52; 63 Del. Laws, c. 430, § 7; 64 Del. Laws, c. 13, § 7; 70 Del. Laws, c. 36, § 8; 70
Del. Laws, c. 186, § 1.)
§ 2750. Admissibility in evidence of results of chemical test.
(a) Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while under the influence
of alcohol, a drug or drugs, with respect to any chemical test taken by or at the request of the State, the court shall admit the results of a
chemical test of the person’s breath, blood or urine according to normal rules of search and seizure law. The informing or failure to inform
the accused concerning the implied consent law shall not affect the admissibility of such results in any case, including a prosecution
for a violation of § 4177 of this title. The informing of an accused concerning the implied consent law shall only have application and
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be relevant at a hearing concerning revocation of the driver’s license of said person for a violation of the implied consent law. Nothing
contained in this section shall be deemed to preclude the admissibility of such evidence when such evidence would otherwise be admissible
under the law relative to search and seizure law such as when such evidence has been obtained by valid consent or other means making
the obtaining of the evidence legal under the Fourth Amendment.
(b) The doctor-patient privilege shall not apply to the disclosure to law-enforcement personnel nor the admissibility into evidence in
any criminal proceeding of the results of a chemical test of a person’s blood, breath or urine for the purpose of determining the alcohol
or drug content of that person’s blood irrespective of whether such test was done at the request of a treating physician, other medical
personnel or a peace officer.
(63 Del. Laws, c. 86, § 1; 63 Del. Laws, c. 430, § 8; 64 Del. Laws, c. 13, § 8; 70 Del. Laws, c. 186, § 1.)
Subchapter IV
Penalties
§ 2751. Unlawful application for or use of license or identification card.
(a) Fraud in obtaining or attempting to obtain driver’s license or identification card. — A person shall not fraudulently obtain or
attempt to obtain a driver’s license or an identification card by misrepresentation.
(b) Fraud in application for license or identification card. — A person shall not in any application for a driver’s license or identification
card:
(1) Use a false or fictitious name;
(2) Make a false statement;
(3) Conceal a material fact; or
(4) Otherwise commit a fraud.
(c) Display of canceled licenses. — A person shall not display, cause or permit to be displayed, any canceled license.
(d) Display of revoked licenses. — A person shall not display, cause or permit to be displayed, any revoked license.
(e) Display of suspended licenses. — A person shall not display, cause or permit to be displayed, any suspended license.
(f) Display of fictitious licenses or identification cards. — A person shall not display, cause or permit to be displayed, any fictitious
license or identification card.
(g) Display of fraudulently altered license or identification card. — A person shall not display, cause or permit to be displayed, any
fraudulently altered license or identification card.
(h) Possession of canceled license. — A person shall not possess any canceled license.
(i) Possession of revoked license. — A person shall not possess any revoked license.
(j) Possession of suspended license. — A person shall not possess any suspended license.
(k) Possession of fictitious license or identification card. — A person shall not possess any fictitious license or identification card.
(l) Possession of fraudulently altered license or identification card. — A person shall not possess any fraudulently altered license or
identification card.
(m) Loaning license. — A person shall not lend that person’s license to any other person or permit the use of license by another.
(n) Display or representation of license or identification card not one’s own. — A person shall not display or represent as that person’s
own any license or identification card not issued to that person.
(o) Failure or refusal to surrender license or identification card. — A person shall not fail or refuse to surrender to the Department on its
lawful demand any license or identification card that has been suspended, revoked, canceled, altered or otherwise fraudulently obtained.
(p) Permitting unlawful use of license or identification card. — A person shall not permit any unlawful use of a license or identification
card issued to that person.
(q) Prohibited acts. — A person shall not do any act forbidden or fail to perform any act required by this title.
(r) Penalty. — Unless otherwise specifically provided for in Chapter 31 of this title, an individual who violates this section shall be
guilty of a class B misdemeanor and shall have that individual’s driver’s license or driving privileges suspended for a period to be set
by the Court, not to exceed 6 months. The foregoing sentence notwithstanding, an individual who violates subsection (d), (e), (i), or (j)
of this section by possessing or displaying a driver’s license that has been suspended or revoked by application of the following statutes
shall be guilty of a violation only, provided that the judicial officer adjudicating the charge or charges brought under subsections (d),
(e), (i), or (j) of this section has made a factual finding that the defendant was reasonably unaware the driver’s license that defendant
possessed or displayed had been suspended or revoked:
Title 4, § 904(f)
Title 11, § 2106(c)
Section 314(b) of this title
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Section 709(j)(1) of this title
Section 2118(n)(1) of this title
Section 2703(d)(5) of this title
Section 2710(e)(5) of this title
Section 2724(b) of this title.
(s) Hardship license. — When a driver’s license and/or driving privileges is suspended pursuant to this section, the applicant shall not be
eligible for a conditional license, occupational license, work license or any other type of hardship license during the period of suspension,
except that after 60 days of suspension the applicant may be eligible for a work license which shall be strictly limited to commuting to or
from the applicant’s place of employment and such driving as is a necessary part of the duties of said employment.
(36 Del. Laws, c. 10, § 73; 37 Del. Laws, c. 10, § 22; Code 1935, § 5611; 21 Del. C. 1953, § 2741; 62 Del. Laws, c. 237, § 27; 66
Del. Laws, c. 416, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 318, § 1; 81 Del. Laws, c. 404, § 1; 81 Del. Laws, c. 434, § 1; 83
Del. Laws, c. 283, § 34; 83 Del. Laws, c. 441, § 12.)
§ 2752. False statements.
Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter
to be sworn to or affirmed is guilty of perjury and shall be fined or imprisoned as are other persons committing perjury.
(36 Del. Laws, c. 10, § 74; Code 1935, § 5612; 21 Del. C. 1953, § 2742.)
§ 2753. Operation of vehicle by unlicensed minor.
No person shall cause or knowingly permit any minor operator, unless such minor has first obtained a license, to drive a motor vehicle
under this chapter.
(36 Del. Laws, c. 10, § 75; Code 1935, § 5613; 21 Del. C. 1953, § 2743.)
§ 2754. Employment of unlicensed person.
No person shall employ any person to operate a motor vehicle who is not licensed as provided in this chapter.
(36 Del. Laws, c. 10, § 76; Code 1935, § 5614; 21 Del. C. 1953, § 2744; 62 Del. Laws, c. 237, § 28.)
§ 2755. Authorizing or permitting the operation of a motor vehicle by another.
No person shall authorize or permit a motor vehicle owned by that person or under that person’s control to be driven by any person
knowing that said person has no legal right to do so or shall authorize or permit said motor vehicle to be driven in violation of this title.
(36 Del. Laws, c. 10, § 77; Code 1935, § 5615; 21 Del. C. 1953, § 2745; 50 Del. Laws, c. 570, § 1; 70 Del. Laws, c. 186, § 1.)
§ 2756. Driving vehicle while license is suspended or revoked; penalty.
(a) Any person whose driver’s license or driving privileges have been suspended or revoked and who drives any motor vehicle upon
the highways of this State during the period of suspension or revocation shall for the first offense be fined not less than $500 nor more
than $1,000 and be imprisoned not less than 30 days nor more than 6 months. For each subsequent like offense, such person shall be fined
not less than $1,000 nor more than $4,000 and in addition be imprisoned not less than 60 days nor more than 1 year. However, for a first
offense under this section, if the suspension or revocation resulted from a prior or previous driving under the influence-related conviction
or offense as defined in § 4177B(e)(1)a.-d. of this title, the minimum fine shall be $600. For purposes of this section a subsequent offense
shall be defined as one occurring within 3 years of a former offense.
(b) The minimum fine for a first or subsequent offense shall not be subject to suspension. The minimum period of imprisonment for
a subsequent offense shall not be subject to suspension. In addition, for any offense under this section, if the suspension or revocation
resulted from a violation of any criminal statute pertaining to injury or death caused to another person by the person’s driving or operation
of a vehicle or a driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, the minimum fine
shall be $2,000 and shall not be subject to suspension and the minimum period of imprisonment shall not be subject to suspension but
shall, notwithstanding any provision of this section or title to the contrary, be served subject to the provisions of § 4205A(b) of this title.
(c) (1) With respect to any vehicle used in connection with a violation of this section, while the permit or license of the operator was
revoked for violation of § 2742 or § 4177 of this title or pursuant to § 2732 of this title, the court, at the time of sentencing the operator
for violating this section, may, upon motion by the State, order the said vehicle be impounded for at least 90 days for the first violation of
this section, and for at least 1 year for a subsequent violation, provided that a public or private secure storage area may be obtained by the
arresting police agency for said vehicle. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity
to show cause why the impoundment of such vehicle should cease. Prior to release of said vehicle, the person to whom the vehicle is
released shall pay all reasonable towing and storage fees connected therewith. The State and the arresting police agency shall not be liable
for any expenses incurred in connection with the towing and storage of said vehicle.
(2) In lieu of impoundment, the number plate or registration plate of any vehicle used in connection with a violation of this section,
while the permit or license of the operator was revoked for violation of § 4177 or § 2742 of this title or pursuant to § 2732 of this
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title, shall be surrendered to the Department for at least 90 days for the first violation of this section, and for at least 1 year for a
subsequent violation. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause
why the surrender of said plate should cease.
(d) Notwithstanding the foregoing, if the judge determines that the sole reason that an individual’s license was suspended is failure to
pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered
or used), the provisions of subsections (a) to (c) of this section shall not apply and the penalties of § 2701(e) of this title shall apply,
which penalties may be suspended.
(36 Del. Laws, c. 10, §§ 78, 80; Code 1935, § 5616; 21 Del. C. 1953, § 2746; 56 Del. Laws, c. 387, § 1; 57 Del. Laws, c. 125; 60
Del. Laws, c. 603, § 1; 63 Del. Laws, c. 430, § 11; 64 Del. Laws, c. 13, § 11; 68 Del. Laws, c. 9, §§ 15, 16; 70 Del. Laws, c. 369, §
1; 72 Del. Laws, c. 231, § 1; 74 Del. Laws, c. 106, §§ 30, 31; 74 Del. Laws, c. 285, § 3.)
§ 2757. Penalties.
(a) Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like
offense, such person shall be fined not less than $50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, or both.
(b) This section shall not apply to violations for which a specific punishment is set forth elsewhere in this chapter.
(36 Del. Laws, c. 10, § 79; Code 1935,§ 5617; 46 Del. Laws, c. 81; 21 Del. C. 1953, § 2747; 65 Del. Laws, c. 503, § 13; 68 Del.
Laws, c. 9, § 17; 70 Del. Laws, c. 186, § 1.)
§ 2758. Driving during period of denial; penalties.
(a) Any person not licensed to drive a motor vehicle who is arrested and convicted of an offense for which the penalty is a mandatory
suspension or revocation of driver’s license or driving privileges shall be ineligible for licensing for a time equivalent to the time that
person’s license would have been suspended or revoked if that person had been licensed.
(b) Any person not licensed as a driver who is convicted of driving a motor vehicle during a license denial period shall be punished
as provided in § 2756 of this title.
(21 Del. C. 1953, § 2748; 57 Del. Laws, c. 226.)
§ 2759. Liability for towing expenses.
Whenever a motor vehicle is towed in connection with the enforcement of § 4177 of this title or a criminal offense for which violation
of § 4177 of this title is an element, the person to whom the vehicle is released shall be liable for the towing and storage costs, except that
the police agency ordering such towing shall be liable for such costs if the driver was not actually arrested for driving in violation of § 4177
of this title or another criminal offense as a result of that incident and no other existing situation reasonably necessitated such towing.
(64 Del. Laws, c. 13, § 12.)
§ 2760. Duplication, reproduction, manufacture and sale, altering, or counterfeiting of driver licenses or
identification cards; presenting fraudulent identification and driving authority source documents.
(a) A person or company shall not duplicate, reproduce, alter or counterfeit a Delaware driver license or identification card or a driver
license or identification card issued by an authorized issuing agency from another state.
(b) A person or company shall not sell, offer for sale, manufacture or distribute a driver license or identification card document that is
similar in design, shape, size or color to any driver license or identification card issued by the Delaware Division of Motor Vehicles or by
an authorized driver license and/or identification card issuing agency from another state. This includes any driver license or identification
card that uses the word “Delaware” or any other state name or has the words “not issued by a government agency” or similar words.
(c) It shall be unlawful to present fraudulent personal identification source documents, state issued driver licenses or state issued
identification cards when applying for a Delaware driver license or identification card. If the Division of Motor Vehicles has reason to
believe the documents provided by an applicant are fraudulent after physically examining the documents and/or by using an electronic
verification process, the Division shall confiscate the documents, deny the transaction, and provide the documents to a law-enforcement
officer or Division investigator. The investigator may recommend prosecution, deny issuance of the document, return the confiscated
documents to the applicant, or take any other action deemed appropriate. The applicant may request an administrative hearing to challenge
the Division’s decision to retain the confiscated documents or to continue denial of the driver license or identification card based on the
presentation of the questioned documents.
(d) Identification documents produced by other State of Delaware agencies are exempt from this section.
(e) (1) Any person convicted of a violation of subsection (a) or (c) of this section shall be fined not less than $500, nor more than
$1,500 or imprisoned not less than 30 days, nor more than 60 days. In addition, the person shall have that person’s driver license and/
or driving privileges suspended for a period of 1 year.
(2) Any person convicted of a violation of subsection (b) of this section shall be guilty of a class G felony as the same is defined in
Chapter 42 of Title 11 and shall be sentenced in accordance therewith.
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(f) When a driver license and/or driving privileges is/are suspended pursuant to this section, the applicant shall not be eligible for a
conditional license, work license or any other type of hardship license during the suspension period.
(66 Del. Laws, c. 410, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 172, § 1.)
Subchapter V
Taxicab and Limousine Driver
§ 2761. Licensing of taxicab and limousine operators.
No person shall drive any taxicab or limousine as defined under Chapter 18 of Title 2 upon any highway of this State unless such
person, upon application, has been licensed as a taxicab or limousine operator by the Department under this chapter.
(Code 1935, § 5719r; 46 Del. Laws, c. 270, § 1; 21 Del. C. 1953, § 2761; 78 Del. Laws, c. 287, § 1.)
§ 2762. License endorsed for taxicab and limousine.
The Department shall endorse on the driver’s license of the applicant an authorization to operate a taxicab and limousine.
(Code 1935, § 5719s; 46 Del. Laws, c. 270, § 1; 21 Del. C. 1953, § 2762; 49 Del. Laws, c. 57, § 1; 58 Del. Laws, c. 511, § 47; 61
Del. Laws, c. 60, §§ 1, 2; 78 Del. Laws, c. 287, § 1.)
§ 2763. Qualifications for taxicab and limousine license.
(a) To qualify for a taxicab and limousine endorsement an applicant must meet all of the following requirements:
(1) Be at least 18 years of age with 1 year of driving experience;
(2) Meet the requirements of § 2707 of this title;
(3) Never have been convicted of any of the following crimes under the laws of this State or any other jurisdiction:
a. Any crime against a child;
b. Any crime constituting a class A or B felony;
c. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter and vehicular homicide; or
d. Any crime constituting a felony sexual offense.
f., g. [Repealed.]
(4) Has not been convicted or pled guilty, within the last 7 years, to any of the following offenses, either under Delaware law or a
substantially similar law of another state or of the United States:
a. Driving under the influence under § 4177, § 4177J, § 4177L, or § 4177M of this title;
b. Any crime constituting a felony offense, including any crime constituting a felony offense against public administration
involving bribery, improper influence or abuse of office;
c. A hit and run offense under Chapter 42 of this title;
d. Driving over 100 mph; or
e. Reckless driving under § 4175 of this title; or
(5) Has not had that person’s driver’s license suspended, revoked, or disqualified in this State or any other jurisdiction for moving
violations during the immediate preceding 3 years.
(b) Any taxicab and limousine and endorsement issued shall automatically be rescinded by the Director of the Division of Motor
Vehicles if the applicant has not shown evidence of having satisfactorily completed, within 30 days of the date of endorsement, a motor
vehicle accident prevention course approved by the Director of the Division of Motor Vehicles.
(c) The Department may conduct a criminal history background check for the purposes of issuing a taxicab and limousine endorsement
pursuant to this section. This check shall include a national criminal history background check, in addition to a review of the applicant’s
Delaware-based criminal history, a fingerprinting of applicants who are to be subjected to a national criminal history background check,
and expressly authorizes the use of records of the Federal Bureau of Investigation for screening the applicants.
(Code 1935, § 5719t; 46 Del. Laws, c. 270, § 1; 21 Del. C. 1953, § 2763; 61 Del. Laws, c. 60, §§ 1, 3; 64 Del. Laws, c. 411, § 1;
70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 252, § 10; 78 Del. Laws, c. 287, § 1; 79 Del. Laws, c. 250, § 2; 80 Del. Laws, c. 121, §
1; 80 Del. Laws, c. 275, § 2.)
§ 2764. Fee for taxicab authorization.
The fee for the authorization specified in § 2762 of this title shall be $3.45. The fee for renewals is also $3.45.
(Code 1935, § 5719u; 46 Del. Laws, c. 270, § 1; 21 Del. C. 1953, § 2764; 61 Del. Laws, c. 60, §§ 1, 4; 67 Del. Laws, c. 260, § 1.)
§ 2765. Out-of-state taxi and limousine drivers; qualifications.
Out-of-state taxi and limousine drivers shall meet the requirements of their home state for driving a taxi or limousine and meet the
qualification requirements as defined in § 2763 of this title before operating a taxi or limousine upon the highways of this State.
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(1) An out-of-state taxi or limousine driver shall:
a. Upon first employment, and thereafter annually, provide to the driver’s employer a current copy of the driver’s home state
driving record;
b. Upon first employment, and upon re-employment following separation, provide to the driver’s employer a current copy of the
driver’s criminal history background check; and
c. Inform the driver’s employer any time his or her driver license is suspended or revoked.
(2) The employer of an out-of-state taxi or limousine driver shall:
a. Maintain on file a current copy of the driver’s driving records;
b. Annually update and review the driver’s driving records using the same qualification criteria as found in § 2763 of this title; and
c. Maintain on file a current copy of the driver’s criminal history background check.
(3) An employer of an out-of-state taxi or limousine driver shall not knowingly permit a driver to operate a taxi or limousine upon
the highways of this State when the employer is aware of any disqualifying crimes or motor vehicle violations as defined in § 2763
of this title.
(78 Del. Laws, c. 287, § 1; 70 Del. Laws, c. 186, § 1.)
§§ 2766-2781. Taxicab drivers’ licenses; special examinations; issuance; refusal or revocation; appeal;
records; duplicate certificates; duty to sign, carry and display; term and renewal; report of convictions;
mandatory revocation; discretionary suspension or revocation; duration; appeal; violations; false
statements; driving while suspended; penalties [Repealed].
Repealed by 61 Del. Laws, c. 60, § 1, eff. May 24, 1977.
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Title 21 - Motor Vehicles
Part II
Registration, Title and Licenses
Chapter 28
Habitual Offenders
§ 2801. Declaration of policy.
It is hereby declared to be the policy of this State to:
(1) Provide maximum safety for all persons who travel or otherwise use the public highways of this State; and
(2) Deny the privilege of operating motor vehicles on our highways to persons who by their conduct and record have demonstrated
their indifference to the safety and welfare of others and their disrespect for the laws of this State, the orders of its courts and the
statutorily required acts of its administrative agencies; and
(3) Discourage repetition of criminal acts by individuals against the peace and dignity of this State and the State’s political
subdivisions and to impose increased and added deprivation of the privilege to operate motor vehicles upon habitual offenders who
have been convicted repeatedly of violations of the motor vehicle laws.
(21 Del. C. 1953, § 2801; 58 Del. Laws, c. 416; 70 Del. Laws, c. 186, § 1.)
§ 2802. “Habitual offender” defined.
An “habitual offender” shall be any person, resident or nonresident, whose driving record, as maintained in the office of the Division of
Motor Vehicles, shows that such person has accumulated convictions for separate and distinct offenses described in paragraph (1) of this
section during a 5-year period or paragraph (2) of this section during a 3-year period, provided, that where more than 1 included offense
shall be committed within a 24-hour period, such multiple offenses shall be treated for the purposes of this chapter as 1 offense:
(1) Three or more convictions. — Three or more convictions, singularly or in combination of any of the following separate and
distinct offenses arising out of separate acts:
a. Manslaughter resulting from the operation of a motor vehicle;
b. Using a motor vehicle during the commission of a felony;
c. Driving or having actual physical control of a motor vehicle while under the influence of intoxicating liquor or of any drug,
in violation of § 4177 of this title;
d. Driving a motor vehicle without a license to do so, in violation of § 2701(a), (b) or (c) of this title. Notwithstanding the
foregoing, if the judge determines that the sole reason that an individual was convicted of a violation of § 2701(b) of this title was
because the individual’s driver’s license was suspended, revoked or denied for a failure to pay a fine for a traffic offense which is
eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), then that violation of §
2701(b) of this title may not be considered to establish habitual offense status pursuant to this paragraph (1)d.;
e. Driving a motor vehicle during a period of suspension or revocation, in violation of § 2756 of this title. Notwithstanding the
foregoing, if the judge determines that the sole reason that an individual was convicted of a violation of § 2756 of this title was
because the individual’s driver’s license was suspended or revoked for a failure to pay a fine for a traffic offense which is eligible
for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), then such violation of § 2756 of
this title may not be considered to establish habitual offense status pursuant to this paragraph (1)e.;
f. Driving a motor vehicle in wilful or wanton disregard for the safety of persons or property, in violation of § 4175 of this title;
g. Failure of the driver of a motor vehicle involved in an accident resulting in apparent damage to property to stop at the scene
of such accident and report the driver’s identity in violation of § 4201 of this title or otherwise report such accident, in violation
of § 4203 of this title;
h. Failure of the driver of a motor vehicle involved in any accident resulting in injury or death to any person to stop at the scene
of such accident and report the driver’s identity in violation of § 4202 of this title;
i. Knowingly making any false affidavit or swearing or affirming falsely to any manner or thing required by the motor vehicle
laws or as to information required in the administration of such laws;
j. Attempting to flee or elude a police officer after having received a visual or audible signal from the police officer as provided
in § 4103(b) of this title;
k. Driving any motor vehicle upon the highways of this State contrary to the restrictions placed upon an occupational license
during the period of such occupational license as provided in § 2733(i) of this title.
(2) Ten or more convictions. — Ten or more convictions of separate and distinct offenses involving moving violations singularly or
in combination, in the operation of a motor vehicle which are required to be reported to the Department and the commission whereof
authorizes the Division or the court to suspend or revoke the privilege to operate motor vehicles on the highways of this State for a
period of 30 days or more for each offense and such convictions shall include those offenses enumerated in paragraph (1) of this section
when taken with and added to those offenses described.
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(3) Inclusions. — The offenses included in paragraphs (1) and (2) of this section shall be deemed to include offenses under any
federal law, any law of another state or any valid town, city or county ordinance of another state substantially conforming to a state
statutory provision.
(4) Conviction. — For the purpose of this chapter, the term “conviction” shall mean a final conviction, a plea of guilty or a forfeiture
of bail or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated.
(21 Del. C. 1953, § 2802; 58 Del. Laws, c. 416; 61 Del. Laws, c. 285, § 1; 66 Del. Laws, c. 231, § 1; 69 Del. Laws, c. 390, § 1; 70
Del. Laws, c. 186, § 1; 74 Del. Laws, c. 134, § 1; 77 Del. Laws, c. 19, § 1.)
§ 2803. Certification of record to Attorney General.
The Director of the Division of Motor Vehicles shall certify the conviction record, as maintained in the Division of Motor Vehicles, of
any person whose record brings that person within the definition of an habitual offender, as defined in § 2802 of this title, to the Attorney
General of the State. The certified conviction record or abstract may be admitted in evidence and shall be competent evidence that the
person named therein was duly convicted of each offense enumerated therein.
(21 Del. C. 1953, § 2803; 58 Del. Laws, c. 416; 66 Del. Laws, c. 231, §§ 2, 3; 70 Del. Laws, c. 186, § 1.)
§ 2804. Attorney General to initiate court proceeding; petition.
The Attorney General, upon receiving the abstract from the Director of the Division of Motor Vehicles, shall forthwith file a petition
against the person named therein in the Court of Common Pleas in and for the county wherein such person resides or, in the case of a
nonresident, in the Court of Common Pleas in and for New Castle County. The petition shall request the Court to determine whether or
not the person named therein is an habitual offender.
(21 Del. C. 1953, § 2804; 58 Del. Laws, c. 416; 66 Del. Laws, c. 231, § 4; 69 Del. Laws, c. 333, § 5.)
§ 2805. Service of petition; order to show cause.
Upon the filing of the petition, the Court of Common Pleas shall enter an order incorporating by attachment the aforesaid abstract and
direct the person named therein to appear at a time scheduled by the Court and show cause why the person should not be barred from
operating or driving a motor vehicle on the highways of this State. A copy of the petition, the show cause order and the abstract shall be
served upon the person named therein either by personal delivery thereof or by deposit of such in the United States mail in an envelope
with postage prepaid, addressed to such person at that person’s address as shown by the records of the Division of Motor Vehicles. The
service of the petition, order and abstract by mail is complete upon the expiration of 4 days after such deposit of those documents. Service
thereof on any nonresident of this State may be made pursuant to § 3112 of Title 10 [repealed], except that any fee for such service shall
be taxed against the person named in the petition as a part of the cost of such proceeding.
(21 Del. C. 1953, § 2805; 58 Del. Laws, c. 416; 69 Del. Laws, c. 333, § 6; 70 Del. Laws, c. 136, § 2; 70 Del. Laws, c. 186, § 1; 79
Del. Laws, c. 121, § 1.)
§ 2806. Hearing; procedure.
The matter shall be heard by the Court without a jury. If such person denies that that person was convicted of any offense shown in the
abstract necessary for a holding that that person is an habitual offender, and if the Court cannot, on the evidence available to it, determine
the issue, the Court may require of the Department certified copies of such records respecting the matter as it may have in its possession.
If, upon an examination of such records, the Court is still unable to make such determination it shall certify the decision of such issue to
the Court in which such conviction was reportedly made. The Court to which such certification is made shall forthwith conduct a hearing
to determine the issue and send a certified copy of its final order determining the issue to the Court of Common Pleas. The Court, at its
discretion, may rely upon certified copies of convictions adjudged by courts outside of this State or federal courts or may request such
a court to make a determination.
(21 Del. C. 1953, § 2806; 58 Del. Laws, c. 416; 69 Del. Laws, c. 333, § 7; 70 Del. Laws, c. 186, § 1.)
§ 2807. Court’s findings; judgment; prothonotary to submit copy.
If the court finds that the person is not the same person named in the abstract, or that the person is not an habitual offender under
this chapter, the proceeding shall be dismissed. If the court finds that the person is the same person named in the abstract and that the
person is an habitual offender, the court shall by appropriate judgment direct that such person not drive or operate a motor vehicle on the
highways of this State and to surrender to the court all licenses or permits to operate a motor vehicle upon the highways of this State. The
prothonotary shall forthwith transmit a copy of such judgment together with any licenses or permits surrendered to the Department.
(21 Del. C. 1953, § 2807; 58 Del. Laws, c. 416; 70 Del. Laws, c. 186, § 1.)
§ 2808. Appeals.
An appeal may be taken from any final action or judgment entered under this chapter in the same manner and form as appeals in civil
or criminal actions.
(21 Del. C. 1953, § 2808; 58 Del. Laws, c. 416.)
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Title 21 - Motor Vehicles
§ 2809. Prohibition against issuance of driver’s license or operation of motor vehicle; restoration of
privilege.
No license to operate a motor vehicle in this State shall be issued to an habitual offender nor shall a nonresident habitual offender
operate a motor vehicle in this State:
(1) For a period of 5 years from the date of the order of the court finding such person to be an habitual offender as defined in §
2802(1) of this title and for a period of 3 years from the date of the order of the court finding such person to be an habitual offender
as defined in § 2802(2) of this title;
(2) Until such time as financial responsibility requirements are met; and
(3) Until, upon petition and for good cause shown, the court, at its discretion, restores to such person the privilege to operate a
motor vehicle in this State upon such terms and conditions as the court may prescribe, subject to other provisions of law relating to
the issuance of operators’ licenses.
(4) Unless the Attorney General moves the court for restoration of the privilege to operate a motor vehicle in this State of any person
declared to be an habitual offender as defined in § 2802(1) of this title after 3 years from the date of the order of the court declaring the
person to be a habitual offender. In the event of such a motion by the Attorney General, the court may in its discretion restore the driving
privileges of the person in whole or in part only if the person also meets the obligation set forth in paragraphs (2) and (3) of this section.
(21 Del. C. 1953, § 2809; 58 Del. Laws, c. 416; 70 Del. Laws, c. 136, § 3.)
§ 2810. Driving after judgment prohibited; penalty; jurisdiction.
(a) It shall be unlawful for any person to operate any motor vehicle in this State while the judgment of the Court prohibiting the
operation remains in effect. Any person found to be an habitual offender under this chapter who is thereafter convicted of operating a
motor vehicle in this State while the judgment of the Court prohibiting such operation is in effect shall for the first offense be fined not
more than $1,150 and imprisoned not less than 90 days nor more than 30 months. For each subsequent like offense, be fined not more
than $2,300 and imprisonment not less than 180 days nor more than 5 years. The periods of imprisonment required under this section
shall not be subject to suspension and if the judgment of the Court prohibiting the operation of a motor vehicle was based in whole or
in part upon a conviction of the person for a prior or previous driving under the influence-related conviction or offense as defined in §
4177B(e)(1)a.-d. of this title, or in whole or in part upon a conviction under any criminal statute pertaining to injury or death caused to
another person by the person’s driving or operation of a vehicle, the period of imprisonment shall, notwithstanding any provision of this
section or title to the contrary, be served subject to the provisions of § 4205(c)(2) [repealed] of this title. The Court of Common Pleas
shall have original jurisdiction of violations created by this section.
(b) Notwithstanding any other provision of law to the contrary, any offense, other than a felony, which is within the exclusive or original
jurisdiction of another court and which may be joined properly with violations created by this section, shall be deemed to be within the
original jurisdiction of the Court of Common Pleas.
(21 Del. C. 1953, § 2810; 58 Del. Laws, c. 416; 69 Del. Laws, c. 333, § 8; 70 Del. Laws, c. 136, §§ 4, 5; 70 Del. Laws, c. 528, §§
1, 2; 74 Del. Laws, c. 106, § 32.)
§ 2811. Determination by the Attorney General.
In any case in which a person is charged with driving a motor vehicle while that person’s license, permit or privilege to drive is
suspended or revoked or is charged with driving without a license, the court shall require the Attorney General to determine whether
such person has been adjudged an habitual offender and, by reason of such judgment, is barred from operating a motor vehicle on the
highways of this State. If the Attorney General determines that the person has been so adjudged, the Attorney General shall cause the
appropriate criminal charges to be lodged.
(21 Del. C. 1953, § 2811; 58 Del. Laws, c. 416; 70 Del. Laws, c. 186, § 1.)
§ 2812. No existing law modified.
Nothing in this chapter shall be construed as amending, modifying or repealing any existing law of this State or any existing ordinance
of any political subdivision relating to the operation of motor vehicles, the licensing of persons to operate motor vehicles or providing
penalties for the violation thereof or shall be construed so as to preclude the exercise of the regulatory powers of any division, agency,
department or political subdivision of this State having the statutory authority to regulate such operation and licensing.
(21 Del. C. 1953, § 2812; 58 Del. Laws, c. 416.)
§ 2813. Computation of number of convictions.
In computing the number of convictions, all convictions must result from offenses occurring subsequent to June 8, 1972, except that
convictions for offenses designated in § 2802(1)j. and k. of this title shall only be computed if the offenses giving rise thereto occur
subsequent to July 1, 1977.
(21 Del. C. 1953, § 2813; 58 Del. Laws, c. 416; 61 Del. Laws, c. 285, § 2.)
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Title 21 - Motor Vehicles
§ 2814. Additional penalty when convicted of an offense which would render an individual an habitual
offender.
If any person shall be convicted in this State of an offense which would render that individual an habitual offender as defined in this
chapter, the person shall, in addition to the penalty otherwise prescribed by law for such offense, be fined not less than $115 nor more
than $1,150 and confined in jail not less than 30 days nor more than 12 months, provided, that no such sentence shall be executed until
the individual is finally adjudged an habitual offender.
(21 Del. C. 1953, § 2814; 58 Del. Laws, c. 416; 68 Del. Laws, c. 9, § 18; 70 Del. Laws, c. 186, § 1.)
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Title 21 - Motor Vehicles
Part II
Registration, Title and Licenses
Chapter 29
Motor Vehicle Safety—Responsibility
Subchapter I
General Provisions
§ 2901. Motor vehicles exempted.
This chapter shall not apply with respect to any motor vehicle owned by the United States, this State or any political subdivision of
this State or any municipality therein or with respect to any motor vehicle which is subject to the requirements of §§ 6101 and 6102 of
this title; however, § 2904 of this title shall apply to motor vehicles owned by this State.
(61 Del. Laws, c. 292, § 5; 79 Del. Laws, c. 394, § 1.)
§ 2902. Motor vehicle liability policy. [For application of this section, see 81 Del. Laws, c. 39, § 2].
(a) A “motor vehicle liability policy,” as said term is used in this chapter, shall mean an owner’s or an operator’s policy of liability
insurance, certified, as provided in § 2948 or § 2949 of this title, as proof of financial responsibility and issued, except as otherwise
provided in § 2949 of this title, by an insurance carrier duly authorized to transact business in this State, to or for the benefit of the person
named therein as insured.
(b) Such owner’s policy of liability insurance shall:
(1) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to
be granted; and
(2) Insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express
or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership,
maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject
to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $25,000, because of bodily injury to or
death of 1 person in any 1 accident and, subject to said limit for 1 person $50,000, because of bodily injury to or death of 2 or more
persons in any 1 accident, and $10,000, because of injury to or destruction of property of others in any 1 accident.
(c) Such operator’s policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed
upon the operator by law for damages arising out of the use by the operator of any motor vehicle not owned by the operator, within the same
territorial limits and subject to the same limits of liability as are set forth above with respect to an owner’s policy of liability insurance.
(d) Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the
premium charged therefor, the policy period and the limits of liability and shall contain an agreement or be endorsed that insurance is
provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or
both, and is subject to all the provisions of this chapter.
(e) Such motor vehicle liability policy need not insure any liability under any workers’ compensation law nor any liability on account
of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured or while
engaged in the operation, maintenance or repair of any such motor vehicle, nor any liability for damage to property owned by, rented
to, in charge of or transported by the insured.
(f) Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:
(1) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury
or damage covered by said motor vehicle liability policy occurs; such policy may not be canceled or annulled as to such liability by
any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the
insured or on the insured’s behalf and no violation of such policy shall defeat or void such policy;
(2) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty
of the insurance carrier to make payment on account of such injury or damage;
(3) The insurance carrier shall have the right to settle any claim covered by the policy, and, if such settlement is made in good faith,
the amount thereof shall be deductible from the limits of liability specified in paragraph (b)(2) of this section;
(4) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the chapter shall
constitute the entire contract between the parties.
(g) Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess
of or in addition to the coverage specified for a motor vehicle liability policy and such excess or additional coverage shall not be subject
to this chapter. With respect to a policy which grants such excess or additional coverage the term “motor vehicle liability policy” shall
apply only to that part of the coverage which is required by this section.
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(h) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance
carrier would not have been obligated to make under the terms of the policy except for this chapter.
(i) Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
(j) The requirements for a motor vehicle liability policy may be fulfilled by the policies of 1 or more insurance carriers which policies
together meet such requirements.
(k) Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a
policy.
(61 Del. Laws, c. 292, § 5; 64 Del. Laws, c. 198, § 8; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 39, § 1.)
§ 2903. Certain policies unaffected by chapter.
(a) This chapter shall not apply to or affect policies of automobile insurance against liability required by any other law of this State,
and such policies, if they contain an agreement or are endorsed to conform to the requirements of this chapter, may be certified as proof
of financial responsibility under this chapter.
(b) This chapter shall not apply to or affect policies insuring solely the insured named in the policy against liability resulting from the
maintenance or use by persons in the insured’s employ or on the insured’s behalf of motor vehicles not owned by the insured.
(61 Del. Laws, c. 292, § 5; 70 Del. Laws, c. 186, § 1.)
§ 2904. Self-insurers.
(a) Upon condition of providing the same benefits available under a required vehicle insurance policy, any person in whose name more
than 15 motor vehicles are registered in this State may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the
Secretary of Transportation as provided in subsection (b) of this section.
(b) The Secretary of Transportation may, in the Secretary’s discretion, approve an application for self-insurance from such a person
provided the following is submitted in satisfactory form:
(1) A continuing undertaking by the owner or other appropriate person to pay tort liabilities or basic reparation benefits, or both, and
to perform all other obligations imposed by § 2118 of this title;
(2) Evidence that appropriate provisions exist for prompt and efficient administration of all claims, benefits and obligations required
by § 2118 of this title; and
(3) Evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payment of tort liabilities
or basic reparation benefits, or both, and all other obligations imposed by this chapter substantially equivalent to those afforded by a
policy of insurance complying with § 2118 of this title.
(c) Upon not less than 5 days’ notice and a hearing pursuant to such notice, the Secretary of Transportation may, upon reasonable
grounds, withdraw this approval of self-insurance. Failure to pay any valid claim within 60 days of its submission or any judgment within
30 days after such judgment shall have become final shall constitute a reasonable ground for the immediate withdrawal of approval of
self-insurance.
(61 Del. Laws, c. 292, § 5; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, §§ 63, 64, 65.)
§ 2905. Assigned risks.
(a) Any applicant for registration who in good faith has applied to 2 insurance companies for a policy of insurance or surety bond
under this chapter but who is unable to procure such insurance from said companies shall thereupon notify the Insurance Commissioner,
in writing, and the Insurance Commissioner upon receipt of said notice shall thereupon assign said application to 1 of the insurance
companies handling such insurance and doing business in this State. Such insurance company shall promptly issue a policy at the rate
then prevailing for such policies, adding an automatic surcharge of 10 percent over and above such rate then in force and effect, for
similar policies of insurance. Surcharges of 50 percent and 25 percent shall be added to the then prevailing rate for such policies under
the following circumstances:
(1) Fifty percent surcharge. — If the certificate is required for a conviction of:
a. Driving a motor vehicle while intoxicated;
b. Failing to stop and report when involved in an accident; or
c. Homicide or assault arising out of the operation of a motor vehicle.
(2) Twenty-five percent surcharge. — If the certificate is required for a conviction of:
a. Driving a motor vehicle at an excessive rate of speed where an injury to person or damage to property actually results therefrom;
or
b. Driving a motor vehicle in a reckless manner where an injury to person or damage to property actually results therefrom.
(b) All such assignments may carry an expense charge of 5 percent.
(c) No assignment may be made or surcharge added solely because a driver license is denied or suspended in accordance with § 516(g)
or § 2216 of Title 13.
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(d) The surcharges specified in this section shall be limited for 3 years. The Insurance Commissioner shall notify the Secretary of
Transportation of such assignments and the rate at which such assignments are made and the registration shall then be issued.
(61 Del. Laws, c. 292, § 5; 70 Del. Laws, c. 452, § 8; 71 Del. Laws, c. 216, § 86; 74 Del. Laws, c. 110, § 66.)
§ 2906. Cancellation or termination of insurance policy.
(a) Any insurance company may cancel any motor vehicle liability policy or bond, except such risks as may be assigned to it as provided
in § 2905 of this title, for any reason it may deem proper. Such insurance company shall refund to its insured the unearned portion of
the premium paid by the insured.
(b) Any insurance company may cancel any motor vehicle liability policy or bond issued to any person under § 2905 of this title by
giving 30 days’ notice thereof to the Secretary of Transportation provided the insured:
(1) Is not licensed to operate a motor vehicle under the laws of this State;
(2) Is a person with mental or physical disabilities rendering it unsafe for the insured to operate a motor vehicle upon the highways;
(3) Is, in the opinion of the Secretary of Transportation, an habitually reckless or negligent driver of a motor vehicle;
(4) Is an habitual drunkard;
(5) Is addicted to the use of narcotic drugs;
(6) Is engaged in an unlawful or illegal occupation;
(7) Has refused or failed to pay the premiums due on such motor vehicle policy or bond; or
(8) Has refused or failed to cooperate with the insurance company as stated in such insurance policy or bond.
(61 Del. Laws, c. 292, § 5; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, §§ 67, 68; 79 Del. Laws, c. 371, § 24.)
§ 2907. Disclosure of information relating to insurance.
(a) A Delaware attorney who represents an injured person, or an individual injured in a motor vehicle accident who is not represented
by an attorney, may, prior to the filing of a civil action for bodily injuries sustained as a result of a motor vehicle accident, request in
writing that the insurer disclose the bodily injury limits of liability of any motor vehicle liability policy, as defined by § 2902(a) of this
title, that may be applicable to the claim.
(b) The requesting party shall provide the insurer with the date of the motor vehicle accident, the name and last known address of the
alleged liable party if it has been reported to the requesting party, a copy of the police report, if any, and the claim number, if available.
(c) When requesting the bodily injury limits of liability, the requesting party shall also submit to the insurer the injured person’s medical
records, medical bills, and wage-loss documentation, pertaining to the claimed injury and supporting the damages referenced in subsection
(d) of this section.
(d) If the total of the medical bills and wage losses submitted equals or exceeds $12,500, the insurer shall respond in writing within
30 days of receipt of the request, and shall disclose the bodily injury limits of liability at the time of the accident of all its motor vehicle
liability policies, regardless of whether the insurer contests the applicability of the policy to the injured person’s claim.
(e) Disclosure of the bodily injury policy limits under this section shall not constitute an admission that the alleged injury or damage
is subject to the policy.
(f) Information concerning the insurance policy is not by reason of disclosure pursuant to this subsection admissible as evidence at trial.
(g) The disclosure shall be confidential and available only to the individual injured and the attorney representing the injured person
and personnel in the office of the attorney.
(81 Del. Laws, c. 421, § 1.)
§ 2908. Administration and enforcement.
The Secretaries of Safety and Homeland Security and/or Transportation, in keeping with their respective responsibilities, shall
administer and enforce this chapter. The State Police shall assist the Secretary of Safety and Homeland Security in enforcing this chapter.
(61 Del. Laws, c. 292, § 5; 74 Del. Laws, c. 110, § 69.)
§ 2909. Availability of other remedies.
Nothing in this chapter shall prevent the plaintiff in any action at law from relying for relief upon the other processes provided by law.
(61 Del. Laws, c. 292, § 5.)
§ 2910. Rights of bona fide transferees and lienors unaffected.
This chapter shall not prevent the owner of a motor vehicle, the registration of which has been suspended hereunder, from effecting
a bona fide sale of such motor vehicle to another person whose rights or privileges are not suspended under this chapter or prevent the
registration of such motor vehicle by such transferee. This chapter shall not in any way affect the rights of any conditional vendor, chattel
mortgagee or lessor of a motor vehicle registered in the name of another as owner who becomes subject to this chapter.
(61 Del. Laws, c. 292, § 5.)
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§ 2911. Construction with other laws.
This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto.
(61 Del. Laws, c. 292, § 5.)
§ 2912. Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which
enact it.
(61 Del. Laws, c. 292, § 5.)
§ 2913. Insurance for automobile transports.
All automobile transports, interstate or intrastate, shall be insured against personal injury loss and property damage loss in keeping
with requirements of the Interstate Commerce Commission relating to intrastate automobile transport carriers.
(64 Del. Laws, c. 207, § 4.)
Subchapter II
Deposit of Security
§§ 2921-2926. Deposit of security following accident; suspension of license and registration; exceptions;
form, amount, custody, disposition and return of security; policy or bond as security; duration of suspension
of license and registration [Repealed].
Repealed by 60 Del. Laws, c. 433, § 4, eff. May 28, 1976.
§ 2927. Security required of nonresidents involved in accidents in this State.
(a) Any nonresident of this State who is involved in any accident through the operation of a motor vehicle wherein there is a damage
to property or person shall be liable to damages and shall be required to furnish sufficient security for the payment of damages sustained
by any person, firm or corporation before the motor vehicle of the nonresident or the contents thereof are removed from out of the State.
(b) The security required under subsection (a) of this section shall be double the estimated amount of the damages as determined by
any reputable automobile repair person of the State, and shall be posted with any justice of the peace in the State.
(41 Del. Laws, c. 224, §§ 1, 2; 21 Del. C. 1953, § 2927; 70 Del. Laws, c. 186, § 1.)
Subchapter III
Proof of Future Responsibility
§ 2941. Court reports on nonpayment of judgments.
(a) Whenever any person fails to satisfy any judgment within 60 days of its issuance, the court that issued the judgment shall, upon
motion of the holder of the judgment, forward a certified copy of such judgment to the Secretary of Transportation.
(b) If the defendant named in any certified copy of a judgment reported to the Secretary of Transportation is a nonresident, the Secretary
of Transportation shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses of the state of which
the defendant is a resident.
(c) For purposes of this subchapter “judgment” shall mean any civil judgment for money damages arising out of an event or transaction
involving motor vehicle accident.
(Code 1935, § 5712B; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2941; 57 Del. Laws, c. 670, § 12A; 60 Del. Laws, c. 433, § 5;
66 Del. Laws, c. 274, § 1; 74 Del. Laws, c. 110, § 70; 76 Del. Laws, c. 265, §§ 1, 2.)
§ 2942. Suspension of license for nonpayment of judgments.
(a) The Secretary of Transportation, upon receipt of a certified copy of a judgment, shall forthwith suspend the license and any
nonresident’s operating privilege of any person against whom such judgment was rendered, except as otherwise provided in this section
and in § 2945 of this title.
(b) The Secretary of Transportation may allow license or nonresident operating privileges to a judgment debtor, providing there is no
default in the payment of such judgment or that installments thereof prescribed in § 2945 of this title are not in default, and providing
the judgment debtor has furnished proof of financial responsibility.
(c) Any person whose license or nonresident’s operating privilege has been suspended or is about to be suspended or becomes subject to
suspension under this chapter may be relieved from the effect of such judgment as prescribed in this chapter, by filing with the Secretary
of Transportation an affidavit stating that at the time of the accident upon which such judgment has been rendered the affiant was insured,
that the insurer is liable to pay such judgment and the reason, if known, why such insurance company has not paid such judgment. Such
person shall also file the original policy of insurance or a certified copy thereof, if available, and such other documents as the Secretary of
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Transportation may require to show that the loss, injury or damage, for which such judgment was rendered, was covered by such policy
of insurance. If the Secretary of Transportation is satisfied from such papers that such insurer was authorized to issue such policy of
insurance at the time and place of issuing such policy and that such insurer is liable to pay such judgment, at least to the extent and for
the amounts required in this chapter, the Secretary of Transportation shall not suspend such license or nonresident’s operating privilege,
or, if already suspended, shall reinstate them.
(d) In the event that a person has had that person’s license suspended for nonpayment of a judgment under this section, the Department
after the lapse of 10 years from the entry of the judgment may issue a new license provided that such person shall have produced proof
of liability insurance coverage or other evidence of financial responsibility, in an amount and of such character as shall be satisfactory
to the Secretary of Transportation.
(Code 1935, § 5712C; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2942; 55 Del. Laws, c. 406; 57 Del. Laws, c. 89; 57 Del. Laws,
c. 670, § 12A; 60 Del. Laws, c. 433, §§ 6-8; 66 Del. Laws, c. 274, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, §§ 71-74.)
§ 2943. Duration of suspension of license.
The license and nonresident’s operating privilege suspended pursuant to § 2942 of this title shall remain suspended and shall not be
renewed nor shall any such license be thereafter issued in the name of such person, including any such person not previously licensed,
unless and until every such judgment is satisfied in full or to the extent provided in this subchapter, and until such person gives proof of
financial responsibility subject to the exemptions stated in §§ 2942 and 2945 of this title.
(Code 1935, § 5712D; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2943; 60 Del. Laws, c. 433, § 9; 66 Del. Laws, c. 274, § 1.)
§ 2944. Satisfaction of judgments.
The judgments referred to in this subchapter shall, for the purposes of this chapter only, be deemed satisfied:
(1) When $15,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury
to or death of 1 person as the result of any 1 accident; or
(2) When, subject to such limit of $15,000 because of bodily injury to or death of 1 person, the sum of $30,000 has been credited
upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of 2 or more persons as the
result of any 1 accident; or
(3) When $10,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or
destruction of property of others as a result of any 1 accident.
Payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident
shall be credited in reduction of the amounts provided for in this section.
(Code 1935, § 5712E; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2944; 50 Del. Laws, c. 456, § 3; 61 Del. Laws, c. 292, § 6; 64
Del. Laws, c. 198, §§ 4-6.)
§ 2945. Installment payment of judgments; default.
(a) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the
privilege of paying such judgment in installments and the court, at its discretion and without prejudice to any other legal remedies which
the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
(b) The Secretary of Transportation shall not suspend a license or a nonresident’s operating privilege for nonpayment of a judgment
when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of such judgment in
installments, and while the payment of any said installment is not in default.
(c) In the event the judgment debtor fails to pay any installment as specified by such order, the Secretary of Transportation, upon notice
of such default, shall forthwith suspend the license or nonresident’s operating privilege of the judgment debtor until such judgment is
satisfied as provided in this subchapter.
(Code 1935, § 5712F; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953,§ 2945; 57 Del. Laws, c. 670, § 12A; 66 Del. Laws, c. 274, § 1;
74 Del. Laws, c. 110, §§ 75, 76.)
§ 2946. [Reserved.]
§ 2947. Methods of giving proof.
Proof of financial responsibility when required under this chapter, may be given by filing a:
(1) Certificate of insurance as provided in § 2948 or § 2949 of this title; or
(2) Bond as provided in § 2950 of this title; or
(3) Certificate of deposit of money or securities as provided in § 2951 of this title; or
(4) Statement from an insurance carrier certifying that there is in effect a motor vehicle liability policy covering the operator or
vehicle as required by this chapter.
(Code 1935, § 5712H; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2947; 62 Del. Laws, c. 77, § 2.)
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§ 2948. Certificate of insurance as proof.
(a) Proof of financial responsibility may be furnished by filing with the Secretary the written certificate of any insurance carrier duly
authorized to do business in this State certifying that there is in effect a motor vehicle liability policy for the benefit of the person required
to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date
shall be the same as the effective date of the certificate and shall designate by explicit description or by appropriate reference all motor
vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
(b) No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility
unless such motor vehicle is so designated in such certificate.
(Code 1935, § 5712I; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2948.)
§ 2949. Certificate furnished by nonresident as proof.
(a) The nonresident owner of a motor vehicle not registered in this State may give proof of financial responsibility by filing with the
Secretary a written certificate or certificate of an insurance carrier authorized to transact business in the state in which the motor vehicle
or motor vehicles described in such certificate is registered, or, if such nonresident does not own a motor vehicle, then in the state in which
the insured resides, provided such certificate otherwise conforms to this chapter, and the Secretary shall accept the same upon condition
that said insurance carrier complies with the following provisions with respect to the policies so certified:
(1) Such insurance carrier shall execute a power of attorney authorizing the Secretary to accept service on its behalf of notice or
process in any action arising out of a motor vehicle accident in this State;
(2) Such insurance carrier shall agree in writing that such policies shall be deemed to conform with the laws of this State relating
to the terms of motor vehicle liability policies issued herein.
(b) If any insurance carrier not authorized to transact business in this State, and which has qualified to furnish proof of financial
responsibility, defaults in any said undertakings or agreements, the Secretary shall not thereafter accept as proof any certificate of said
carrier whether theretofore filed or thereafter tendered as proof, so long as such default continues.
(Code 1935, § 5712J; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2949; 57 Del. Laws, c. 670, § 12A.)
§ 2950. Bond as proof.
(a) Proof of financial responsibility may be evidenced by the bond of a surety company authorized to transact business within this State
or a bond with at least 2 individual sureties each owning real estate within this State and together having equities equal in value to at least
twice the amount of such bond. The real estate shall be scheduled in the bond approved by a judge of a court of record, and the bond shall
be conditioned for payment of the amounts specified in the definition of “proof of financial responsibility” contained in § 101 of this
title. Such bond shall be filed with the Secretary of Transportation and shall not be cancellable except after 10 days’ written notice to the
Secretary of Transportation. Such bond shall constitute a lien in favor of the State upon the real estate so scheduled of any surety, which
lien shall exist in favor of any holder of a final judgment against the person who has filed such bond, for damages, including damages for
care and loss of services because of bodily injury to or death of any person, or for damages because of injury to or destruction of property,
including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such bond was filed,
upon the filing of notice to that effect by the Secretary of Transportation in the office of the prothonotary of any county in the State wherein
any such real estate is located. The prothonotary shall enter such lien in an appropriate docket kept by the prothonotary for that purpose.
(b) If such judgment rendered against the principal on such bond is not satisfied within 60 days after it has become final, the judgment
creditor may, for the judgment creditor’s own use and benefit and at the judgment creditor’s sole expense, bring an action or actions in
the name of the State against the company or persons executing such bond, including an action or proceeding to foreclose any lien that
may exist upon the real estate of a person who has executed such bond in accordance with Chapter 75 of Title 10.
(Code 1935, § 5712N; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2950; 57 Del. Laws, c. 670, § 12A; 70 Del. Laws, c. 186, § 1;
74 Del. Laws, c. 110, § 77.)
§ 2951. Money or securities as proof.
(a) Proof of financial responsibility may be evidenced by the certificate of the State Treasurer that the person named therein has
deposited with the State Treasurer $40,000 in cash or securities such as may legally be purchased by savings banks or for trust funds
of a market value of $40,000. The State Treasurer shall not accept any such deposit nor issue a certificate therefor and the Secretary of
Transportation shall not accept such certificate unless accompanied by evidence that there are no unsatisfied judgments of any character
against the depositor in the county where the depositor resides.
(b) Such deposit shall be held by the State Treasurer to satisfy, in accordance with this chapter, any execution on a judgment issued
against such person making the deposit for damages, including damages for care and loss of services, because of bodily injury to or
death of any person or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the
ownership, maintenance, use or operation of a motor vehicle after such deposit was made. Money or securities so deposited shall not be
subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid.
(Code 1935, § 5712O; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2951; 50 Del. Laws, c. 456, § 4; 57 Del. Laws, c. 670, § 12A;
64 Del. Laws, c. 198, § 7; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 78.)
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§ 2952. [Reserved.]
§ 2953. Substitution of proof.
The Secretary of Transportation shall consent to the cancellation of any bond or certificate of insurance or the Secretary of
Transportation shall direct the return of, and the State Treasurer shall return, any money or securities to the person entitled thereto upon
the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.
(Code 1935, § 5712Q; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2953; 57 Del. Laws, c. 670, § 12A; 74 Del. Laws, c. 110, §
79.)
§ 2954. Requirement of other proof.
Whenever any proof of financial responsibility filed under this chapter no longer fulfills the purposes for which it is required, the
Secretary of Transportation shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the
license or the nonresident’s operating privilege pending the filing of such other proof.
(Code 1935, § 5712R; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2954; 57 Del. Laws, c. 670, § 12A; 66 Del. Laws, c. 274, § 1;
74 Del. Laws, c. 110, § 80.)
§ 2955. [Reserved.]
Subchapter IV
Penalties
§ 2971. Penalties.
(a) A person whose license or nonresident’s operating privilege suspended or revoked under this chapter drives during such suspension
or revocation any motor vehicle upon any highway, except as permitted under this chapter, shall be fined not more than $575, or imprisoned
not more than 6 months or both.
(b) Whoever wilfully fails to return the license as required in § 2972 of this title shall be fined not more than $575, or imprisoned
not more than 30 days or both.
(c) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be fined not more than $575, or
imprisoned not more than 90 days or both.
(Code 1935, § 5712V; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2971; 62 Del. Laws, c. 77, § 5; 66 Del. Laws, c. 274, §§ 1, 2;
68 Del. Laws, c. 9, § 19; 70 Del. Laws, c. 186, § 1.)
§ 2972. Surrender of license.
Any person whose license is suspended as provided in this chapter or whose policy of insurance or bond when required under this
chapter is canceled or terminated or who neglects to furnish other proof upon request of the Secretary of Transportation shall immediately
return the person’s license to the Secretary of Transportation. If any person fails to return to the Secretary of Transportation the license
as provided herein, the Secretary of Transportation shall forthwith direct any peace officer to secure possession thereof and to return the
same to the Secretary of Transportation.
(Code 1935, § 5712U; 48 Del. Laws, c. 359, § 2; 21 Del. C. 1953, § 2972; 57 Del. Laws, c. 670, § 12A; 66 Del. Laws, c. 274, § 1;
70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 81.)
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Title 21 - Motor Vehicles
Part II
Registration, Title and Licenses
Chapter 31
Nondriver Identification Cards
§ 3101. Identification cards.
Every person residing in the State who desires to obtain an identification card shall apply to the Division of Motor Vehicles.
(21 Del. C. 1953, § 3101; 58 Del. Laws, c. 516; 65 Del. Laws, c. 37, § 1.)
§ 3102. Application.
(a) Every application for an identification card shall be made on an application form furnished by the Division. The original application
shall be verified by the applicant before a person authorized to administer oaths.
(b) Every application shall state the name, Social Security number, if eligible, except as otherwise provided in § 2711 of this title, date
of birth, sex and residence address of the applicant and whether or not the applicant is licensed by the State to operate a motor vehicle.
(c) The Division of Motor Vehicles shall provide notice of the obligation to register pursuant to § 4120 of Title 11 to each new resident
applicant for an identification card. Every applicant for a state identification card shall sign an acknowledgment provided by the Division
that the applicant has received notice that registration in compliance with § 4120 of Title 11 is mandatory for any person who has been
convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as 1 or more of
the offenses referenced in § 4120(a) of Title 11, and that such registration must occur within 7 days of coming into any county, city or
town in which the applicant temporarily resides or is domiciled for that length of time.
All such acknowledgments shall be kept as permanent records by the Division in a format approved by the Director of Historical and
Cultural Affairs which may include storage on microfiche or other nonpaper forms of permanent retention.
(d) (1) Any male applicant who applies for an identification card or a renewal of any such document and who is at least 18 years of
age but less than 26 years of age shall be registered in compliance with the requirements of § 3 of the “Military Selective Service Act,”
50 U.S.C. App. sec. 453, as amended.
(2) The Department shall forward in an electronic format the necessary personal information of the applicants identified in this
subsection to the selective service system. The applicant’s signature on the application shall serve as an indication that the applicant
either has already registered with the selective service system or that he is authorizing the Department to forward to the selective service
system the necessary information for such registration. The Department shall notify the applicant at the time of application that his
signature constitutes consent to registration with the selective service system, if he is not already registered.
(21 Del. C. 1953, § 3102; 58 Del. Laws, c. 516; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 397, § 22; 71 Del. Laws, c. 133, § 3;
72 Del. Laws, c. 335, §§ 3, 5; 72 Del. Laws, c. 485, § 3.)
§ 3103. Issuance fee; renewal; qualifications.
(a) Upon receipt of the application and a fee of $40, the Division shall issue an identification card which shall expire and be renewable
on the eighth anniversary date of the birth of the applicant next following the date of its issuance unless the birthdate be February 29,
and in which the event the identification card will expire on February 28 every eighth year. A permanent resident foreign national may
be issued a full 8-year identification card. However, an identification card issued to a temporary foreign national must be limited to the
period of time that the temporary foreign national is authorized to be in the United States.
(b) On or near the date of expiration of an identification card, each holder of such a card desiring renewal of such card shall appear
at a Division of Motor Vehicles office in the county in which the holder of the card resides and be photographed by the Department
of Transportation.
(c) No identification card shall be issued pursuant to subsection (a) of this section to any nonresident of the State.
(d) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915(d) of Title 29, is exempt
from any fee charged under this section for an identification card.
(21 Del. C. 1953, § 3103; 58 Del. Laws, c. 516; 65 Del. Laws, c. 37, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 82;
76 Del. Laws, c. 76, § 26; 76 Del. Laws, c. 126, § 2; 81 Del. Laws, c. 447, § 5; 83 Del. Laws, c. 29, § 1.)
§ 3104. Contents of identification cards.
(a) Every identification card shall bear a distinguishing number assigned to the holder and shall contain the name, date of birth, address,
a photograph of the holder taken by the Department of Transportation and a brief description of the holder for purposes of identification.
The identification card holder’s Social Security number is used for identification purposes and shall be maintained in the Division of
Motor Vehicles’ record system.
(b) Every identification card shall bear in conspicuous print the words: “THIS IS NOT A DRIVER’S LICENSE.”
(21 Del. C. 1953, § 3104; 58 Del. Laws, c. 516; 71 Del. Laws, c. 133, § 4; 72 Del. Laws, c. 335, § 4; 74 Del. Laws, c. 110, § 83;
75 Del. Laws, c. 185, §§ 3, 4.)
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§ 3105. Issuance of duplicate cards; fee.
(a) In the event that any identification card issued under this chapter is lost or destroyed, the person to whom it was issued may apply to
the Division for the issuance of a duplicate or substitute identification card upon executing such forms as may be required by the Division
and upon furnishing proof satisfactory to the Division that such identification card has been lost or destroyed.
(b) Upon receipt of the application and a fee of $5.00, the Division shall issue a duplicate identification card.
(c) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915 of Title 29, is exempt from
any fee charged under this section for a duplicate identification card.
(21 Del. C. 1953, § 3105; 58 Del. Laws, c. 516; 67 Del. Laws, c. 260, § 1; 67 Del. Laws, c. 271, § 1; 81 Del. Laws, c. 447, § 6.)
§ 3106. Signature.
Every holder of an identification card shall write the holder’s usual signature, in a manner acceptable to the Department, in the space
provided for that purpose on the card and such card shall not be valid until the card is so signed.
(21 Del. C. 1953, § 3106; 58 Del. Laws, c. 516; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 183, § 3.)
§ 3107. False statements.
Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter
to be sworn to or affirmed is guilty of perjury and shall be fined or imprisoned as the law provides.
(21 Del. C. 1953, § 3108; 58 Del. Laws, c. 516; 66 Del. Laws, c. 416, § 3.)
§ 3108. Penalties.
(a) Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like
offense, the person shall be fined not less than $50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, or both.
Justices of the peace shall have jurisdiction over violations of this chapter.
(b) This section shall not apply to violations defined as perjury under § 3107 of this title.
(21 Del. C. 1953, § 3109; 58 Del. Laws, c. 516; 65 Del. Laws, c. 503, § 14; 66 Del. Laws, c. 416, § 3; 68 Del. Laws, c. 9, § 20; 70
Del. Laws, c. 186, § 1.)
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Part II
Registration, Title and Licenses
Chapter 32
Limited Power of Attorney and Electronic Signatures for Division of Motor Vehicles Matters
(83 Del. Laws, c. 149, § 1.)
§ 3201. Definitions.
In this chapter:
(1) “Agent” means a person granted authority to act for the benefit of a principal under a limited durable power of attorney for
completing all paperwork necessary to accomplish any required action(s) set forth in this title, whether denominated an agent, attorneyin-fact, or otherwise. The term includes an original agent, concurrent agent, joint agent, successor agent, and a person to which an
agent’s authority is delegated.
(2) “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity, and satisfying the requirements
set forth in § 3203 of this title.
(3) “Durable power of attorney” means a power of attorney that is durable, meeting the requirements of § 3203 of this title.
(4) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities.
(5) “Electronic signature” shall mean the execution of the document by the identified person after appropriate verification of identity
of the person executing the document using a verification system acceptable to the Department.
(6) “Good faith” means honesty in fact.
(7) “Incapacity” means inability of an individual to manage his or her property or business affairs.
(8) “Limited” means that the power of attorney authorized herein is for the sole purpose of completing all paperwork necessary to
accomplish any required action(s) set forth in this title.
(9) “Person” means an individual, corporation, statutory trust, estate, trust, partnership (general or limited), limited liability company,
association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal
or commercial entity or association.
(10) “Personal power of attorney” means any limited durable power of attorney executed in this State or, if executed other than in
this State, specifying that the laws of this State shall govern such power of attorney.
(11) “Power of attorney” means a grant of authority to an agent to act in the place of the principal, whether or not the term power
of attorney is used.
(12) “Principal” means an individual who grants authority to an agent in a power of attorney acting for himself or herself and not as
a fiduciary, officer, employee, representative, agent or official of any legal, governmental, or commercial entity or association.
(13) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(14) “Sign” means, with present intent to authenticate or adopt a record:
a. To execute or adopt a tangible symbol; or
b. To attach to or logically associate with the record an electronic sound, symbol, or process using an electronic program acceptable
to the Department.
(15) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory
or insular possession subject to the jurisdiction of the United States.
(83 Del. Laws, c. 149, § 1; 70 Del. Laws, c. 186, § 1.)
§ 3202. Applicability.
(a) (1) This chapter shall only apply to limited durable powers of attorney which are executed for the sole purpose of completing
documentation required and allowable by the Department to accomplish certain actions set forth in this title.
(2) The provisions of this chapter shall not apply to any business or individual who is specifically required by statute or regulation
to identify persons who have authority to sign on behalf of the business or individual. In those instances, all documentation must still
be executed by an individual who has been previously identified in writing to the Department.
(b) A power of attorney that was granted in compliance with the laws of the jurisdiction governing such power of attorney will be
recognized and enforceable under the laws of the State of Delaware in accordance with its terms.
(83 Del. Laws, c. 149, § 1.)
§ 3203. Power of attorney is durable.
A power of attorney is durable if it contains the words:“This power of attorney shall not be affected by the subsequent incapacity of
the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the
principal’s subsequent incapacity.
(83 Del. Laws, c. 149, § 1.)
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§ 3204. Execution of personal power of attorney.
(a) A personal power of attorney must be:
(1) In writing;
(2) Signed by the principal or by another person subscribing the principal’s name in the principal’s presence and at the principal’s
express direction;
(3) Dated; and
(4) Signed in the presence of a notarial officer or contain an electronic signature acceptable to the Department.
(b) A personal power of attorney may be accompanied by a notice in the following form, signed by the principal and placed at the
beginning of the personal power of attorney. In the absence of a signed notice, upon a challenge to the authority of an agent to act under
the personal power of attorney, the agent shall have the burden of demonstrating that the personal power of attorney is valid.
NOTICE
As the person signing this limited durable power of attorney you are the Principal.
The purpose of this power of attorney is to give the person you designate (your “Agent”) broad powers to complete all paperwork
necessary to accomplish any required actions set forth in this title without advance notice to you or approval by you.
This power of attorney does not authorize your Agent to make health-care decisions for you.
Unless you specify otherwise, your Agent’s authority will continue even if you become incapacitated, or until you die or revoke the
power of attorney, or until your Agent resigns or is unable to act for you. You should select someone you trust to serve as your Agent.
This power of attorney does not impose a duty on your Agent to exercise granted powers, but when powers are exercised, your Agent
must use due care to act for your benefit and in accordance with this power of attorney.
Your Agent must keep your funds and other property separate from your Agent’s funds and other property.
A court can take away the powers of your Agent if it finds your Agent is not acting properly.
A court can take away the powers of your Agent if it finds your Agent is not acting properly.
If there is anything about this form that you do not understand, you should ask a lawyer of your own choosing to explain it to you.
I have read or had explained to me this notice and I understand its contents.
PrincipalDate
PrincipalDate
(c) Regardless of the method by which a person accepts appointment as an agent under a personal power of attorney (pursuant to §
3211 of Title 21 of the Delaware Code), such agent shall have no authority to act as agent under the personal power of attorney unless
the agent has first executed and affixed to the personal power of attorney a certification in substantially the following form:
AGENT’S CERTIFICATION
I,
(Name of Agent), have read the attached limited durable personal power of attorney and I am the person
identified as the Agent or identified as the Agent for the Principal. To the best of my knowledge this power has not been revoked. I
hereby acknowledge that, when I act as Agent, I shall:
Act in accordance with the principal’s reasonable expectations to the extent actually known to me and, otherwise, in the Principal’s
best interest;
Act in good faith;
Act only within the scope of authority granted in the personal power of attorney; and
To the extent reasonably practicable under the circumstances, keep in regular contact with the principal and communicate with the
principal.
In addition, in the absence of a specific provision to the contrary in the limited durable personal power of attorney, when I act as
Agent, I shall:
Keep the assets of the Principal separate from my assets;
Exercise reasonable caution and prudence; and
Keep a full and accurate record of all actions, receipts and disbursements on behalf of the Principal.
AgentDate
AgentDate
(83 Del. Laws, c. 149, § 1.)
§ 3205. Execution of personal power of attorney.
(a) A personal power of attorney is validly executed if it complies with § 3204 of this title, unless such personal power of attorney
provides that it is governed by the laws of another jurisdiction, in which case, such personal power of attorney is validly executed if such
execution complies with the laws of such other jurisdiction.
(b) A limited durable power of attorney (other than a personal power of attorney) will be deemed to be validly executed under the laws
of this State if, when the power of attorney was executed, the execution complied with:
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(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney; or
(2) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b, as amended.
(c) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power
of attorney has the same effect as the original.
(83 Del. Laws, c. 149, § 1.)
§ 3206. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary.
(a) The appointment by a court of a guardian or other fiduciary charged with the management of the principal’s property or the care
of the principal’s person shall terminate all personal powers of attorney.
(b) After the appointment of a guardian or other fiduciary charged with the management of the principal’s property or the care of the
principal’s person, the agent is accountable to such guardian or other fiduciary as well as to the principal as to any personal powers of
attorney which the agent continues to hold. A guardian or other fiduciary shall only have such powers to revoke or amend the powers of
the agent as shall be given to such guardian or other fiduciary by the court.
(83 Del. Laws, c. 149, § 1.)
§ 3207. When the personal power of attorney is effective.
A personal power of attorney is effective when executed.
(83 Del. Laws, c. 149, § 1.)
§ 3208. Termination of personal power of attorney or agent’s authority.
(a) A personal power of attorney terminates when:
(1) The principal dies;
(2) The principal revokes the personal power of attorney;
(3) A terminating event set forth in the personal power of attorney occurs;
(4) The purpose of the personal power of attorney is accomplished;
(5) The principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the personal power of attorney
does not provide for another agent to act; or
(6) The personal power of attorney is revoked by order of the Court of Chancery pursuant to § 3214 of this title or otherwise.
(b) An agent’s authority terminates when:
(1) The principal revokes the authority;
(2) The agent dies, becomes incapacitated, or resigns;
(3) An action is filed for the dissolution or annulment of the agent’s marriage to the principal, unless the personal power of attorney
otherwise provides;
(4) All documentation has been submitted, accepted, processed and acted upon by the Department;
(5) One year from the date of execution of the power of attorney; or
(6) The personal power of attorney terminates.
(c) Unless the personal power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under
subsection (b) of this section, notwithstanding a lapse of time since the execution of the personal power of attorney.
(d) Termination of an agent’s authority or of a personal power of attorney is not effective as to the agent or another person that, without
actual knowledge of the termination, acts in good faith under the personal power of attorney. An act so performed, unless otherwise
invalid or unenforceable, binds the principal and the principal’s successors in interest.
(e) The execution of a personal power of attorney does not revoke a personal power of attorney previously executed by the principal
unless the subsequent personal power of attorney provides that the previous personal power of attorney is revoked or that all other personal
powers of attorney are revoked.
(83 Del. Laws, c. 149, § 1.)
§ 3209. Concurrent agents, joint agents, and successor agents.
(a) A principal may designate 2 or more persons to act as concurrent agents. Each concurrent agent may exercise its authority
independently.
(b) A principal may designate 2 or more persons to act as joint agents. No joint agent shall have the power to act without the agreement
of all other joint agents and shall have no power to act independent of the other agent.
(c) If the principal designates more than 1 agent and does not specify that they are concurrent agents or joint agents, such agents shall
be considered concurrent agents.
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(d) A principal may designate 1 or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to
serve, or declines to serve. Unless the personal power of attorney otherwise provides, a successor agent:
(1) Has the same authority as that granted to the original agent; and
(2) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have
declined to serve.
(e) A principal may give an appointed agent or another person designated by name, office or function the authority to designate by a
writing executed by such person, 1 or more concurrent, joint, or successor agents in addition to those designated in the personal power
of attorney. Unless the personal power of attorney authorizing the appointment of such further agents otherwise provides, a concurrent,
joint, or successor agent appointed by this method:
(1) Has the same authority as that granted to the original agent; and
(2) May not act until the predecessor designee has resigned, died, become incapacitated, is no longer qualified to serve, or has
declined to serve.
(f) Except as otherwise provided in the personal power of attorney and subsection (g) of this section, an acting agent that does not
participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions
of the other agent.
(g) An acting agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the
principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s
best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable
damages that could have been avoided if the agent had notified the principal or taken such action.
(83 Del. Laws, c. 149, § 1.)
§ 3210. Reimbursement and compensation of agent.
(a) An agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal.
(b) An agent shall not be entitled to compensation unless:
(1) The personal power of attorney so provides; and
(2) The compensation is reasonable under the circumstances.
(83 Del. Laws, c. 149, § 1.)
§ 3211. Agent’s acceptance.
Except as otherwise provided in the personal power of attorney, a person accepts appointment as an agent under a personal power of
attorney by signing the agent’s certification (pursuant to § 3204 of this title) or by exercising authority or performing duties as an agent
or by any other assertion or conduct indicating acceptance.
(83 Del. Laws, c. 149, § 1.)
§ 3212. Agent’s duties.
(a) Notwithstanding provisions in the personal power of attorney, an agent that has accepted appointment pursuant to a personal power
of attorney shall, in connection with exercising the authority granted to such agent therein:
(1) Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the
principal’s best interest;
(2) Act in good faith;
(3) Act only within the scope of authority granted in the personal power of attorney; and
(4) To the extent reasonably practicable under the circumstances, keep in regular contact with the principal and communicate with
the principal.
(b) Except as otherwise provided in the personal power of attorney, an agent that has accepted appointment shall:
(1) Act loyally for the principal’s benefit;
(2) Act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest;
(3) Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; and
(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
(c) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent
also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.
(d) If an agent has special skills or expertise the special skills or expertise must be considered in determining whether the agent has
acted with care, competence, and diligence under the circumstances.
(e) An agent that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person
if the agent exercises care, competence, and diligence in selecting and monitoring the person.
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(f) Except as otherwise provided in the personal power of attorney and by § 3206 of this title, an agent is not required to disclose
receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a
guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the
principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal’s estate. If so requested
the agent shall comply with the request within a reasonable period of time.
(83 Del. Laws, c. 149, § 1.)
§ 3213. Exoneration of agent.
A provision in a personal power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s
successors in interest except to the extent the provision:
(1) Relieves the agent of liability for breach of duty committed in bad faith or with reckless indifference to the purposes of the
personal power of attorney or the best interest of the principal; or
(2) Was inserted as a result of undue influence upon the principal.
(83 Del. Laws, c. 149, § 1.)
§ 3214. Judicial relief.
(a) A person designated in subsection (b) of this section may petition the Court of Chancery requesting that the Court:
(1) Determine whether the personal power of attorney or the authority of an agent is in effect or has terminated pursuant to § 3208
of this title or otherwise;
(2) Compel the agent to exercise or refrain from exercising authority in a particular manner or for a particular purpose;
(3) Compel the agent to account for transactions conducted on the principal’s behalf pursuant to § 3212(f) of this title;
(4) Modify, suspend, or revoke the powers of the agent to act under a personal power of attorney, and, if the principal has not
designated another agent or successor agent in the personal power of attorney, appoint another agent to act in place of the agent whose
powers are modified, suspended, or revoked;
(5) Determine an agent’s liability for violation of his or her duties pursuant to § 3212 of this title.
(b) Any of the following persons may file a petition seeking appropriate relief under this section:
(1) The principal or the agent;
(2) The spouse, child, or parent of the principal;
(3) A guardian, trustee, or other fiduciary acting for the principal;
(4) The personal representative, trustee, or a beneficiary of the principal’s estate;
(5) Any other interested person, as long as the person demonstrates to the Court’s satisfaction that the person is interested in the
welfare of the principal and has a good faith belief that:
a. The Court’s intervention is necessary; and
b. The principal is incapacitated at the time of filing the petition or otherwise unable to protect that principal’s own interests; or
(6) A person asked to accept a personal power of attorney.
(c) Upon motion by the principal, who shall be presumed to have legal capacity, the Court shall dismiss a petition filed under this
section, unless the Court finds that the principal lacks capacity to revoke the agent’s authority or the personal power of attorney.
(d) Nothing in this section shall preclude or diminish the Court’s authority to appoint a guardian or other fiduciary pursuant to Chapter
39 of Title 12, or to order other judicial relief, in order to grant appropriate relief upon review of a personal power of attorney or an
agent’s conduct with respect to a personal power of attorney.
(e) Nothing in this section shall preclude the Department of Health and Social Services, the Public Guardian, or other governmental
agency having authority to protect the welfare of the principal from petitioning the Court for access to the principal or to records necessary
to determine, or terminate, possible abuse, neglect, exploitation or abandonment of the principal.
(83 Del. Laws, c. 149, § 1; 70 Del. Laws, c. 186, § 1.)
§ 3215. Agent’s resignation; notice.
Unless the personal power of attorney provides a different method for an agent’s resignation, an agent may resign by giving written
notice to the principal and, if the principal is incapacitated:
(1) To the guardian, if 1 has been appointed for the principal, and a concurrent agent or successor agent; or
(2) If there is no person described in paragraph (1) of this section, to:
a. The principal’s primary caregiver;
b. Another person reasonably believed by the agent to have sufficient interest in the principal’s welfare; or
c. A governmental agency having authority to protect the welfare of the principal.
(83 Del. Laws, c. 149, § 1.)
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§ 3216. Acceptance of and reliance upon acknowledged personal power of attorney.
(a) For purposes of this section, “acknowledged” means purportedly verified before a notarial officer or contain an electronic signature
acceptable to the Department.
(b) A person that in good faith accepts an acknowledged personal power of attorney without actual knowledge that the signature is not
genuine may rely upon a presumption that the signature is genuine.
(c) A person that in good faith accepts an acknowledged personal power of attorney without actual knowledge that the personal power
of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding
or improperly exercising the agent’s authority may rely upon the personal power of attorney as if the personal power of attorney were
genuine, valid and still in effect, the agent’s authority were genuine, valid and still in effect, and the agent had not exceeded and had
properly exercised the authority.
(d) A person that is asked to accept an acknowledged personal power of attorney may request, and rely upon, without further
investigation, an English translation, under oath of the translator, of the personal power of attorney if it contains, in whole or in part,
language other than English.
(e) For purposes of this section, a person that conducts activities through employees is without actual knowledge of a fact relating to a
personal power of attorney, a principal, or an agent if the employee conducting the transaction involving the personal power of attorney
is without actual knowledge of the fact. Notification of revocation of a personal power of attorney by a principal or agent to an officer
of a bank or other financial institution shall constitute actual notice to all employees.
(83 Del. Laws, c. 149, § 1.)
§ 3217. Acceptance of electronic signatures.
The Department may accept electronic signatures on any documents required to be submitted pursuant to this title.
(83 Del. Laws, c. 149, § 1.)
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Part III
Operation and Equipment
Chapter 41
Rules of the Road
Subchapter I
Obedience to and Effect of Traffic Laws
§ 4101. Provisions refer to vehicles upon highways; exceptions; powers of local authorities.
(a) The provisions of this title relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
(1) Where a different place is specifically referred to in a given section.
(2) That subchapter IX of this chapter shall apply upon highways and elsewhere throughout the State.
(3) That subchapter VIII of this chapter and § 4164 of this title shall apply upon highways and elsewhere throughout the State, except
that subchapter VIII of this chapter and § 4164 of this title shall not apply upon any nonresidential, commercial property, except as set
forth in § 4172 of this title. For the purposes of this paragraph, “elsewhere,” except for purposes of § 4172 of this title, shall mean only
those areas regulated by traffic-control devices which have been reviewed and approved as acceptable for the area by the Delaware
Department of Transportation.
(4) Upon application by a majority of persons having a property interest in a private road or way upon which motor vehicles are driven,
the appropriate agency or officer of any town, city or county in which such private property is located may petition the Department
of Safety and Homeland Security (hereinafter “Department”) in a manner prescribed by the Department, requesting the Department
assume jurisdiction over such private property. Upon acceptance of jurisdiction over the private property, the Department shall, by
written notice, so notify each governmental body and property owner affected and shall supply copies of such notice to all appropriate
courts and law-enforcement agencies. One week following the official acceptance of such jurisdiction, all provisions of Title 17 and
this title shall apply to the affected private property. The installation and maintenance of all traffic-control devices authorized by the
Department of Transportation shall be undertaken by the owners at no cost to the State.
(b) Local authorities, except as expressly authorized by law, shall not enact or enforce any rules or regulations contrary to this chapter.
Traffic ordinances and regulations adopted by local authorities, and substantially conforming to the sections of this chapter, shall have
the same force and effect as the traffic laws of this title. Whenever any provision of this title refers to a specific section of this title,
such section shall be deemed to include substantially conforming ordinances and regulations enacted by local authorities. The court’s
notice of conviction for violating a local ordinance or regulation that substantially conforms to this title, when included in the person’s
driving record, shall be deemed to be equivalent to a violation of the state statute to which it conforms. This section shall not be deemed
to affect the jurisdiction for violations of local traffic ordinances or regulations nor the fine to be imposed for such a violation. Local
authorities may regulate the use of the highways by processions or assemblages. Nothing in this chapter shall be construed to prevent the
owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from
prohibiting such use nor requiring other or different or additional conditions than those specified in this chapter or otherwise regulating
such use as seems best to such owner.
(c) The authority to authorize, maintain, install and remove all traffic-control devices necessary to implement this title is provided to the
Department of Transportation and to local authorities in their respective jurisdictions by Chapter 1 of Title 17. Unless otherwise provided
in this title, the authorities granted are uniformly applicable to all sections of this title.
(d) Liability for failure of owner to comply with traffic light signals. — (1) The Department of Safety and Homeland Security and/or the
governing body of any city or any county may provide, by regulation or ordinance, for the establishment of a program imposing monetary
liability on the owner of a motor vehicle for failure to comply with traffic light signals in accordance with the provisions of this subsection.
This subsection allows the Department of Transportation and/or the governing body of any city or county to install and operate traffic light
signal violation monitoring systems; provided however, that in the event the installation other than by the Department of Transportation,
the Department of Transportation must first approve such installation using the same recognized safety and accident criteria which the
Department of Transportation uses to determine new locations; and provided further that the duration of the yellow light change interval,
at any intersection where a traffic control photographic system or other traffic light signal violation monitoring system is in use, must be
no less than the yellow light change interval duration specified in the design manual developed by the Department of Transportation. All
existing locations erected without the Department of Transportation prior approvals shall be reviewed by the Department of Transportation
using same recognized safety and accident criteria used to authorize new locations. Any location which fails to meet the criteria shall be
removed upon end of the contract with the camera operator vendor.
(2) Jurisdictions operating an Electronic Red Light Safety Program can only issue right turn on red violations if there is safety and
crash data to support it as determined by the Department of Transportation.
(3) Liability. — The owner or operator of a vehicle which has failed to comply with a traffic light signal, as evidenced by information
obtained from a traffic light signal violation monitoring system, shall be subject to a civil or administrative assessment not to exceed
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$110; provided, however, that the city or county may provide for an additional assessment not to exceed $10 if the civil or administrative
assessment is not paid within 20 days, which assessment may be increased to an amount not to exceed $20 if the assessment is not
paid within 45 days, and may be increased to an amount not to exceed $30 if the assessment is not paid within 90 days. Court costs or
similar administrative fees not to exceed $35 may also be assessed against an owner or operator who requests a hearing to contest the
violation and is ultimately found or pleads responsible for the violation or who fails to pay or contest the violation in a timely manner.
No assessments and court costs other than those specified in this subsection may be imposed. A violation for which a civil assessment
is imposed under this subsection shall not be classified as a criminal offense and shall not be made a part of the operating record of the
person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance.
Assessments collected as a result of a traffic control signal monitoring system shall be paid to the city or county which controlled the
monitoring system, or the General Fund for personnel, after first being applied to reimburse the applicable state agencies for their costs
of administering such systems.
(4) Definitions. — For purpose of this subsection only:
a. “Owner” means the registered owner of such vehicle on record with this or any other state; provided, however, that in the event
that the owner is a vehicle leasing company, the “owner,” for purposes of this subsection, shall mean the person shown on the records
to be the lessee of such vehicle. Vehicle rental companies are excluded from the definition of “owner.”
b. “Traffic light signal violation monitoring system” means a vehicle sensor installed to work in conjunction with a traffic light
that automatically produces 2 or more photographs, or 2 or more microphotographs, or a videotape, or other recorded images of each
vehicle at the time it is used or operated in violation of this subsection.
(5) Summons and notice of violation. — Any nonresident owner or operator of any motor vehicle which is operated or driven on
the public streets, roads, turnpikes or highways of this State is deemed to have submitted to the jurisdiction of the Delaware courts for
purposes of this subsection. Notwithstanding any other provision of the Delaware Code, a summons for a violation of this subsection
may be executed by mailing to any Delaware resident or nonresident by first class mail a copy thereof to the address of the owner of
the vehicle as shown on the records of the Division of Motor Vehicles of this or any other state, as appropriate. Collection actions,
including default judgment and execution, may proceed based upon jurisdiction obtained through the mailing by first class mail of a
summons and subsequent court notices pursuant to this subsection. Every initial mailing shall include the:
a. Name and address of the owner of the vehicle;
b. Registration number of the motor vehicle involved in the violation;
c. Violation charges;
d. Location where the violation occurred;
e. Date and time of the violation;
f. Copies of 2 or more photographs, or microphotographs or other recorded images, taken as proof of the violation;
g. Amount of the civil assessment imposed and the date by which the civil assessment should be paid;
h. Information advising the summonsed person of the matter, time and place by which liability as alleged in the notice may be
contested, and warning that the failure to pay the civil assessment or to contest liability in a timely manner is an admission of liability
and may result in a judgment being entered against the summonsed person and/or the denial of the registration or the renewal of
the registration of any of the owner’s vehicles; and
i. Notice of the summonsed person’s ability to rebut the presumption that the summonsed person was the operator of the vehicle
at the time of the alleged violation and the means for rebutting such presumption.
(6) Payment by voluntary assessment. — Persons electing to pay by voluntary assessment shall make payments to the entity designated
on the summons for payment. Such entity may be the Justice of the Peace Court or an entity designated by the Court, the Department
of Safety and Homeland Security, or by the city or county in which the traffic light was located. Procedures for payment under this
subsection shall be as provided by court rule or policy directive of the Justice of the Peace Court, by regulation of the Department of
Safety and Homeland Security, or by regulation, code or ordinance of the applicable city or county, and shall be in lieu of the procedures
set forth in § 709 of this title.
(7) Procedures to contest the violation. — A person receiving the summons pursuant to this subsection may request a hearing to
contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the date. Upon receipt of a timely
request for a hearing a civil hearing shall be scheduled and the defendant notified of the hearing date by first class mail. A civil hearing
shall be held by the Justice of the Peace Court or such other entity as designated by the Department of Safety and Homeland Security
or applicable county or city. The hearing may be informal and shall be held in accordance with Justice of the Peace Court rules or
policy directive, regulation of the Department of Safety and Homeland Security, or by regulation, code or ordinance of the applicable
city or county. Additional administrative collection processes may be established by court rule, policy directive, regulation, code or
ordinance, as applicable. Costs for such hearing shall not be assessed against the prevailing party. There shall be no right of transfer
to the Court of Common Pleas.
(8) Failure to pay or successfully contest the violation. — If the owner or an operator identified by the owner fails to pay the civil
penalty by voluntary assessment, request a hearing within the required time or submit an affidavit stating that the owner or operator
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identified was not the driver, the Division of Motor Vehicles may refuse to renew the registration of the owner’s vehicle operated at
the time the summons was issued. If the owner or an operator identified by the owner is found responsible at a hearing and fails to
pay as ordered by the Court, or requests a hearing and fails to appear, the Division of Motor Vehicles shall suspend the license of
the owner or operator.
Upon receiving a record of failure to comply, the Clerk may enter a civil traffic judgment against the owner or operator in the amount
of the civil penalty, costs, and any applicable penalty amounts, giving credit for any amount paid. Such judgment may, upon motion,
be transferred by the Court to the civil docket. Any judgment so transferred may be executed and enforced or transferred in the same
manner as other judgments of the Court and the Division of Public Safety or its designee, or the applicable city or county shall have
authority to seek such execution, enforcement or transfer.
(9) Proof of violation. — Proof of a violation of this subsection shall be evidenced by information obtained from a traffic light
signal violation monitoring system authorized pursuant to this subsection. A certificate, or facsimile thereof, based upon inspection
of photographs, microphotographs, videotape or other recorded images produced by a traffic light signal violation monitoring system
shall constitute prima facie evidence of the facts contained therein, if the certificate, or facsimile thereof, is sworn to or affirmed by a
technician employed by a locality authorized to impose assessments pursuant to this subsection, or a technician employed by a state
agency or entity designated by a state agency for the purposes of this section. Any photographs, microphotographs, videotape or other
recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such
violation pursuant to regulation, ordinance or other law adopted pursuant to this subsection.
(10) Presumptions. — The owner of any vehicle found to be in violation of this subsection shall be held prima facie responsible for
such violation in the same manner as provided for under § 7003 of this title, 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. Furnishes an affidavit by regular mail to the entity indicated on the summons 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 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 of this subsection; or
b. Provides proof in court or to the entity handling the administrative appeal process that the owner was not the operator of the
vehicle at the time of the alleged violation or that the owner failed to comply with the traffic signal either in order to yield the rightof-way to an emergency vehicle or as part of a funeral procession.
A summons may be issued to a person identified by affidavit or evidence in court as the actual operator of the vehicle shown to
have violated the traffic light signal. There shall be a presumption that the person so identified was the driver. The presumption may
be rebutted as described in this subsection.
(11) Notwithstanding any other provision in this section, if the motor vehicle which is found by the traffic light signal violation
monitoring system to have failed to comply with a traffic light signal is commercially licensed, then the owner of that vehicle shall be
sent notice of the date, time and location of the violation with 2 photographs thereof. Within 10 days of the receipt of said notice, the
owner of the vehicle shall provide the law-enforcement agency which has issued the summons with the name and address of the driver
of the vehicle at the date, time and location of the violation and, within the same time period, shall provide the driver of the vehicle with
the photographs of the violation. After receipt by the law-enforcement agency which has issued the summons of the name and address
of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in
the same manner as provided for under § 7003 of this title and shall be subject to the provisions of this section. Failure of the owner
of the vehicle found to be in violation of subsection (d) to provide the name and address of the driver at the time of the violation within
the period prescribed shall cause the owner to be held responsible as set forth in paragraph (d)(5) of this section.
(12) Any person found responsible for a civil traffic offense shall have a right of appeal only in those cases in which the civil penalty
imposed exceeds $100, upon giving bond with surety satisfactory to the judge before whom such person was found responsible, such
appeal to be taken and bond given within 15 days from the time of the finding of responsible. Such appeal shall operate as a stay or
supersedeas of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of
such appeal shall constitute a waiver by the appellant of the appellant’s right to a writ of certiorari in the Superior Court. Additional
penalty assessments for late payment/response pursuant to paragraph (d)(3) of this section shall be included in determining the amount
of the civil penalty for purposes of determining the right to an appeal.
(21 Del. C. 1953, § 4101; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 670, § 13A; 58 Del. Laws, c. 515, § 1; 60 Del. Laws, c.
701, § 8; 63 Del. Laws, c. 449, § 1; 68 Del. Laws, c. 390, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 89, §§ 1, 2; 73 Del.
Laws, c. 204, § 1; 74 Del. Laws, c. 66, § 1; 74 Del. Laws, c. 110, §§ 84, 85, 138; 74 Del. Laws, c. 301, § 1; 75 Del. Laws, c. 56,
§§ 1-12; 76 Del. Laws, c. 79, § 118(1), (2); 77 Del. Laws, c. 281, § 1; 80 Del. Laws, c. 299, § 126; 83 Del. Laws, c. 283, § 35; 83
Del. Laws, c. 294, § 2.)
§ 4102. Required obedience to traffic laws.
It is unlawful for any person to do any act forbidden or fail to perform any act required in this chapter.
(21 Del. C. 1953, § 4102; 54 Del. Laws, c. 160, § 1; 77 Del. Laws, c. 60, § 1.)
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§ 4103. Obedience to authorized persons directing traffic.
(a) No person shall wilfully fail or refuse to comply with any lawful order or direction of any police officer or authorized flagperson
or fire police officer or uniformed adult school crossing guard invested by law with authority to direct, control or regulate vehicle and
pedestrian traffic. This subsection shall not operate to relieve a driver of the duty to operate the driver’s vehicle with due regard to the
safety of all persons using the highway.
(b) Any driver who, having received a visual or audible signal from a police officer identifiable by uniform, by motor vehicle or by
a clearly discernible police signal to bring the driver’s vehicle to a stop, operates the vehicle in disregard of the signal or interferes with
or endangers the operation of the police vehicle or who increases speed or extinguishes the vehicle’s lights and attempts to flee or elude
the police officer shall be guilty of a class G felony, with a minimum fine of $575 which may not be suspended. Upon receiving notice
of such conviction the Secretary, at the Secretary’s discretion, may forthwith revoke the operator’s or chauffeur’s license of the person
so convicted for a period of 2 years. For each subsequent like offense, the person shall be guilty of a class E felony, with a minimum
fine of $1,150 which may not be suspended. Upon receiving a court notice of conviction for a subsequent like offense, the Secretary shall
revoke the operator’s or chauffeur’s license for an additional 3-year period. It shall be an affirmative defense for this section if the driver
proceeds at or below the posted speed limit to a safe location or, at nighttime to a well-lit reasonable location and stops the vehicle at
that point that the driver is not guilty of this section.
(c) If any vehicle is witnessed by a police officer to be in violation of subsection (b) of this section and the identity of the operator is
not otherwise apparent, it shall be a rebuttable presumption that the persons in whose name such vehicle is registered, to whom a rental
vehicle is leased or whose name appears on a company’s records as driving a company vehicle, committed such violation of subsection
(b) of this section.
(21 Del. C. 1953, § 4103; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 141; 57 Del. Laws, c. 670, § 13B; 60 Del. Laws, c. 701, § 9;
64 Del. Laws, c. 164, § 1; 68 Del. Laws, c. 9, § 21; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 289, §§ 1-3.)
§ 4104. Persons riding animals or driving animal-drawn vehicles.
Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be
subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their
very nature can have no application.
(21 Del. C. 1953, § 4104; 54 Del. Laws, c. 160, § 1.)
§ 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;
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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.)
Subchapter II
Traffic Signs, Signals and Markings
§ 4106. Authorized emergency vehicles.
(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or
suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this
section, but subject to the conditions herein stated.
(b) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this chapter;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the speed limits so long as the driver does not endanger life or property;
(4) Disregard regulations governing direction of movement or turning in specified directions.
(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible
or visual signals meeting the requirements of this title, except that an authorized emergency vehicle operated as a police vehicle need
not make use of such signals.
(d) The driver of an emergency vehicle is not liable for any damage to or loss of property or for any personal injury or death caused by
the negligent or wrongful act or omission of such driver except acts or omissions amounting to gross or wilful or wanton negligence so
long as the applicable portions of subsection (c) of this section have been followed. The owner of such emergency vehicle may not assert
the defense of governmental immunity in any action on account of any damage to or loss of property or on account of personal injury or
death caused by the negligent or wrongful act or omission of such driver or owner.
(e) Authorized emergency vehicles within the meaning of this chapter mean vehicles of a fire department, police vehicles, ambulances,
vehicles used by a fire chief, deputy fire chief, assistant fire chief, chief engineer or fire police officer of any duly organized fire company
in the performance of those duties, vehicles under the control of the Delaware State Fire Prevention Commission, the vehicle of the State
Forester in the performance of the State Forester’s duties, the vehicle of the Forest Fire Control Supervisor in the performance of the
Forest Fire Control Supervisor’s duties, the vehicles of the State Emergency Response Team in the performance of its duties, the vehicles
of the Department of Correction, Bureau of Prisons and Bureau of Community Corrections in the performance of their respective duties,
and emergency vehicles of state, federal, county or municipal departments or public service corporations as are designated or authorized
by the Secretary of Safety and Homeland Security.
(21 Del. C. 1953, § 4106; 54 Del. Laws, c. 160, § 1; 61 Del. Laws, c. 461, § 1; 63 Del. Laws, c. 162, § 1; 63 Del. Laws, c. 300, §
1; 68 Del. Laws, c. 251, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 89, § 281(a); 77 Del. Laws, c. 6, § 1; 83 Del. Laws, c.
224, § 1; 83 Del. Laws, c. 370, § 1.)
§ 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.
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(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.)
§ 4108. Traffic-control signal legend.
(a) Whenever traffic is controlled by official traffic-control signals showing different colored circular lights, color -lighted arrows, or
color-lighted bicycle symbols, successively 1 at a time or in combination, only the colors green, red and yellow shall be used, except for
pedestrian control signals, and such lights shall indicate and apply to drivers of vehicles, operators of bicycles and pedestrians as follows:
(1) Green indication:
a. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a traffic-control device at such place
prohibits either such turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and
to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
b. Unless otherwise directed by a pedestrian-control signal as provided in § 4109 of this title, pedestrians facing any green signal,
except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
(2) Circular yellow or yellow arrow:
a. Vehicular traffic facing the circular yellow signal is thereby warned that a red signal for the previously permitted movement
will be exhibited immediately thereafter.
b. Vehicular traffic facing the yellow arrow signal shown alone or in combination with another indication is thereby warned that
the previously displayed green arrow signal is being terminated. The yellow arrow signal may be followed by a red signal or a
green signal.
c. Pedestrians facing a yellow signal, unless otherwise directed by a pedestrian-control signal, are thereby advised that there is
insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
(3) Red indication:
a. Vehicular traffic facing the red signal shall stop before crossing the stop limit, whether marked by sign or painted line, or if
none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall
remain standing until an indication to proceed is shown or as provided in paragraph (a)(3)b. of this section.
b. When a traffic-control device is not in place prohibiting such turn, vehicular traffic facing a circular red signal may cautiously
enter the intersection to turn right, or to turn left from a one-way roadway onto a one-way roadway.
c. When turns on red are permitted, the right to proceed to turn after stopping shall be subject to the rule applicable after making
a stop as at a stop sign.
d. No pedestrian facing such signal shall enter the roadway unless the pedestrian can do so safely and without interfering with
any vehicular traffic.
(4) Green arrow or arrows:
a. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the
intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown
at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other
traffic lawfully using the intersection.
b. Vehicles facing such signals are thereby advised that other traffic movements may be prohibited from the lane or lanes that the
signal indication controls. Making or attempting to make any prohibited movement is unlawful.
c. Pedestrians facing such signals shall not enter the roadway unless they can do so safely and without interfering with any vehicular
traffic.
(5) Bicycle signals:
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Bicycle signals may include circular or arrow traffic signal indications designated as bicycle signals by an adjacent sign, and
traffic indications in the shape of a bicycle. Circular and arrow bicycle signals shall have the same meaning as the corresponding
circular and arrow signals as described in paragraphs (a)(1) through (a)(4) of this section, but shall only apply to a person operating
a bicycle in a bicycle lane or path. Bicycle-shaped bicycle signals shall have the same meaning as the corresponding circular signals
as described in paragraphs (a)(1) through (a)(4) of this section, but shall only apply to a person operating a bicycle in a bicycle lane
or path. A person operating a bicycle in a general travel lane shall obey the circular and arrow traffic signals described in paragraphs
(a)(1) through (a)(4) of this section.
(b) When lane use control signals are placed over the individual lanes of roadway or highway, vehicular traffic may travel in any lane
or lanes over which a green signal is shown, but shall not enter or travel in any lane or lanes over which a red signal is shown. Left turns
may be made across such lane if not otherwise prohibited. Vehicular traffic shall move from any lane over which a steady amber signal
is displayed as soon as the movement can be made in safety. Vehicular traffic may use a lane over which a flashing yellow signal is
displayed for the purpose of making a left turn.
(c) In the event that traffic 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.
(d) Whoever violates this section shall be fined not less than $75 nor more than $115. Whoever violates paragraph (a)(3) of this section
shall be fined not less than $75 nor more than $230. For each subsequent offense of paragraph (a)(3) of this section within 2 years, the
person shall be fined not less than $100 nor more than $575, or imprisoned not less than 10 nor more than 60 days, or both.
(e) Notwithstanding any provision of the Delaware Code to the contrary, any local government, municipality, town or county, whether
incorporated or unincorporated, shall pay to the General Fund any sums collected under this section or any substantially conforming
ordinances and regulations enacted by local authorities that exceed the maximum fine permitted under the law as it existed prior to the
effective date of subsection (d) of this section.
(21 Del. C. 1953, § 4108; 54 Del. Laws, c. 160, § 1; 58 Del. Laws, c. 430; 58 Del. Laws, c. 570; 60 Del. Laws, c. 701, § 11; 70
Del. Laws, c. 186, § 1; 72 Del. Laws, c. 407, § 1; 81 Del. Laws, c. 196, § 1.)
§ 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.)
§ 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.)
§ 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.
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(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.)
§ 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.)
§ 4112A. Traffic control signal preemption devices.
(a) As used in this section, “traffic control signal preemption device” means any device that emits a pulse of light or other signal that,
when received by a detector attached to a traffic control signal alters or interferes with normal operation of the traffic control device.
(b) Except as provided in subsection (d) or (e) of this section, a traffic control signal preemption device may not be installed on a motor
vehicle, may not be transported in the passenger compartment of a motor vehicle, and may not be operated by the driver or passenger
of a motor vehicle. No person who is not in a motor vehicle shall operate a traffic control signal preemption device. Violation of this
subsection is an unclassified misdemeanor and upon arrest the device shall be seized and those convicted shall forfeit the traffic control
signal preemption device and shall also be fined not less than $250 nor more than $750 and/or be sentenced to up to 3 months incarceration
at Level V.
(c) No one may sell a traffic control signal preemption device, whether or not installed in a vehicle, to any person or entity for
any intended use other than operation as permitted under subsection (d) or (e) of this section. Violation of this subsection is a class A
misdemeanor.
(d) Installation of a traffic control signal preemption device is permitted on the following vehicles, and operation of the device is
permitted as follows:
(1) Law-enforcement vehicles registered to state, county, or local authorities, when responding to a bona fide emergency, when used
in combination with sirens and/or flashing lights.
(2) Vehicles registered to local fire departments and state or federal firefighting vehicles, when responding to a bona fide emergency,
when used in combination with sirens and/or flashing lights.
(3) Vehicles that are designed and used exclusively as ambulances, paramedic or rescue vehicles, when responding to a bona fide
emergency, when used in combination with sirens and/or flashing lights.
(4) Vehicles that are equipped and used exclusively as organ transport vehicles, when the transportation is declared an emergency
by a member of the transplant team or a representative of the organ procurement organization, when used in combination with sirens
and/or flashing lights.
(5) Vehicles registered to the Delaware Emergency Management Agency when responding to a bona fide emergency, when used
in combination with sirens and/or flashing lights.
(6) Vehicles owned and operated by the Department of Transportation equipped to install, test and repair traffic signals when used
for that express purpose.
(7) Department of Transportation vehicles that are expressly authorized by the Secretary of the Department of Transportation.
(e) Vehicles identified in paragraphs (d)(2) and (3) of this section may operate a traffic control preemption device when such vehicles
are returning to their assigned duty station entranceways or driveways, but only to affect the operation of the traffic control signal or
signals permitting direct access of such vehicles to their assigned duty stations’ entranceways or driveways.
(74 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 137, § 1; 78 Del. Laws, c. 89, §§ 1, 2.)
Subchapter III
Driving on Right Side of Roadway; Overtaking and Passing, etc.
§ 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;
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(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; 53 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 15.)
§ 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.)
§ 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.)
§ 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;
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(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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.
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(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.)
§ 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.)
§ 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.)
§ 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.)
Subchapter III-A
Controlled-Access Highways
§ 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;
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(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.)
§ 4127. Unlawful evasion of Delaware Turnpike and the Korean War Veterans Memorial Highway;
harassment of toll collectors; penalty; appeal; jurisdiction; payment of minimum fine before trial.
(a) No vehicle shall be used on any part of the Delaware Turnpike, the Korean War Veterans Memorial Highway or any other State
toll road except upon payment of such tolls as may from time to time be prescribed by the Department of Transportation of this State.
(b) It is unlawful for any person to refuse to pay, to evade or attempt to evade the payment of 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 an appeal as prescribed in § 708 of this title.
(d) In the event of an arrest for the 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 shall have the privilege of electing to have the case
tried and determined in the Court of Common Pleas as provided 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 ground
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 the 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 selfaddressed 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 otherwise apparent, it shall be a rebuttable presumption that the person in whose name the
vehicle is registered committed such violation of subsection (b) of this section.
(h) Any person who commits an act of offensive touching, presents payment in the form of an obviously unsanitary piece of United
States currency, or who commits any act knowing that one is thereby likely to cause offense or alarm to an on duty toll collector, will
be guilty of an unclassified misdemeanor.
(21 Del. C. 1953, § 4127; 57 Del. Laws, c. 456; 58 Del. Laws, c. 198; 60 Del. Laws, c. 701, § 26; 68 Del. Laws, c. 9, § 26; 70 Del.
Laws, c. 186, § 1; 70 Del. Laws, c. 342, §§ 1-4; 71 Del. Laws, c. 13, § 3; 77 Del. Laws, c. 60, § 10.)
§ 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
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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 selfaddressed 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.)
§ 4129. Civil penalty for evasion of tolls.
(a) In addition to the provisions of §§ 4127 and 4128 of this title, any person who refuses to pay, evades or attempts to evade the
payment of a toll in connection with the use of the Delaware Turnpike, the Korean War Veterans Memorial Highway, any other state
toll road or the Delaware Memorial Bridge shall be liable for the payment of one toll, a $25 administrative fee, and for a civil penalty
of $25 per violation payable to the Department of Transportation or its designee or, in the case of the Delaware Memorial Bridge, the
Delaware River & Bay Authority or its designee.
(b) Except as provided in subsection (d) of this section, an owner of a vehicle shall be jointly and severally liable for failure of an
operator thereof to comply with subsection (a) of this section. The owner of a vehicle shall be liable pursuant to this section if such vehicle
was used or operated with the permission of the owner, express or implied, in violation of this section, and such violation is evidenced by
information obtained from visual observation, video surveillance device or other method of identifying the vehicle; provided however,
that no owner of a vehicle shall be liable where the operator of the vehicle has been identified and charged with a violation of this section
for the same incident.
(c) In the event of nonpayment of the proper toll, as evidenced by visual observation, a video surveillance device or other method of
identifying the vehicle, the Department of Transportation or its designee or, in the case of the Delaware Memorial Bridge, the Delaware
River & Bay Authority or its designee may send an advisory and payment request to the owner of the vehicle by regular mail at the address
of record with the Division of Motor Vehicles, or, if applicable, the licensing authority of another jurisdiction, providing the owner with
the opportunity to resolve the matter prior to the issuance of a summons and complaint that charges a violation of this section. The advisory
and payment request shall contain sufficient information to inform the owner of the nature, date, time and location of the alleged violation.
In addition to the payment of the proper toll, the Department of Transportation or, in the case of the Delaware Memorial Bridge, the
Delaware River and Bay Authority or its designee may require as part of the advisory and payment request that the owner pay a reasonable
administrative fee of $25 to the entity processing the violation. If the owner fails to pay the required toll and fee, the owner shall be subject
to liability on the thirty-first day following the date of the violation, for the violation of this section by the vehicle owner or operator.
(d) An owner of a vehicle who is a lessor of a vehicle operated in violation of this section shall not be liable for such violation if the
lessor submits a copy of the rental, lease or other contract document covering that vehicle on the date of the violation, with the name and
address of the lessee clearly legible, to the Department of Transportation or its designee or, in the case of the Delaware Memorial Bridge,
the Delaware River and Bay Authority or its designee within 10 days of the receipt of the notice of violation. Failure to provide such
information in the timeframe required shall render the lessor liable for the penalty prescribed by this section. Where the lessor complies
with this subsection, the lessee of such vehicle shall be deemed the owner of the vehicle for the purposes of this section and shall be
subject to liability for the violation hereunder, as if the lessee were the owner and/or operator at the time of the violation.
(e) Enhanced civil enforcement authority. — If a vehicle owner has been issued advisory and payment requests for nonpayment of tolls
under subsection (c) of this section, and the combined total of outstanding and unpaid tolls, applicable administrative fees and associated
penalties exceeds $1,000, the vehicle shall be subject to a civil administrative stop pursuant to Chapter 8 of this title, and the vehicle
owner shall be subject to enhanced civil enforcement, as follows:
(1) Such vehicle shall be immobilized in such manner as to prevent its operation, or removed to an official pound by authority of any
police officer of this State, a county or municipality therein, or the Delaware River and Bay Authority. Any vehicle so immobilized
or impounded shall not be released to its lawful owner until all unpaid tolls and applicable administrative fees issued to such owner
have been discharged by payment in full, together with payment for the costs of immobilizing, releasing, and storing such vehicle.
The owner shall sign a receipt for such vehicle. Payment for any such towing shall be in accordance with the towing costs outlined in
the current agreement between police agency and the towing operator. If the vehicle is a tractor-trailer combination, the trailer may be
released to an authorized agent if the tractor is immobilized pursuant to this section.
(2) In any case involving immobilization of a vehicle pursuant to this section, the police officer shall place on such vehicle, in a
conspicuous manner, notice sufficient to warn any individual that such vehicle has been immobilized and that any attempt to move
such vehicle might result in damage to such vehicle.
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(3) Any vehicle remaining immobilized and not released for 48 hours may be towed and impounded at the direction of a police officer.
(71 Del. Laws, c. 13, § 2; 73 Del. Laws, c. 174, §§ 2-6; 76 Del. Laws, c. 400, § 1.)
Subchapter IV
Right-of-Way
§ 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.)
§ 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.)
§ 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 rightof-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.)
§ 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.)
§ 4134. Operation of vehicles on approach of authorized emergency vehicles.
(a) On the immediate approach of an authorized emergency vehicle making use of audible or visual signals, or of a police vehicle
properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall
immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway, clear of any intersections,
and shall relinquish the right-of-way until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(b) On approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying
alternately flashing red, blue, blue and white, red and white, red and blue, or red, white and blue lights, or on approaching a stationary
authorized vehicle of the Department of Transportation, which is giving a signal by displaying alternately flashing amber or red and
amber lights, or on approaching a stationary tow truck, which is giving a signal by displaying alternately flashing amber, white, or amber
and white lights, or on approaching a stationary vehicle owned or operated by a public utility, which is giving a signal by displaying
alternately flashing amber, white, or amber and white lights, a person who drives an approaching vehicle shall do either of the following:
(1) Proceed with caution and yield the right-of-way by making a lane change into a lane not adjacent to that of a stationary vehicle
this subsection, if possible with due regard to safety and traffic conditions, if on a roadway having at least 4 lanes with not less than
2 lanes proceeding in the same direction as the approaching vehicle.
(2) Proceed with caution and reduce the speed of the vehicle to a safe speed while passing a stationary vehicle described in this
subsection, if changing lanes would be impossible or unsafe.
(c) This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety
of all persons using the highway.
(d) Any person violating subsection (b) of this section who hits, strikes, or in any way contacts an emergency responder, causing
physical injury, with that person’s vehicle is guilty of a class F felony.
(e) A person who violates this section is subject to the following fine:
(1) For a first offense, a fine of $150.
(2) For a subsequent offense, a fine of $300.
(21 Del. C. 1953, § 4134; 54 Del. Laws, c. 160, § 1; 59 Del. Laws, c. 351, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 366, §
1; 76 Del. Laws, c. 345, § 1; 77 Del. Laws, c. 27, § 1; 77 Del. Laws, c. 465, § 1; 80 Del. Laws, c. 104, § 1; 83 Del. Laws, c. 288,
§ 1.)
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§ 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.)
§ 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 trafficcontrol devices or when a usable bicycle-only lane has been provided adjacent to the sidewalk.
(60 Del. Laws, c. 701, § 29.)
Subchapter V
Pedestrians’ Rights and Duties
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 4144. Drivers to exercise due care.
Notwithstanding the foregoing 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
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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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
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§ 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.)
§ 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.)
Subchapter VI
Turning and Starting and Signals on Stopping and Turning
§ 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.)
§ 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.)
§ 4154. Starting parked vehicles.
No person shall cause a vehicle to be moved which is stopped, standing or parked unless and until such movement can be made with
reasonable safety.
(21 Del. C. 1953, § 4154; 54 Del. Laws, c. 160, § 1.)
§ 4155. Turning movements and required signals.
(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in § 4152 of
this title, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon
a roadway or turn so as to proceed in an opposite direction unless and until such movement can be made with safety without interfering
with other traffic. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.
(b) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last 300 feet
or more than 1/2 mile traveled by the vehicle before turning.
(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided
herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(d) The signals provided for in § 4156 of this title shall be used to indicate an intention to turn, change lanes or start from a parked
position and shall not be flashed on 1 side only on a parked or disabled vehicle, or flashed as a courtesy or “do pass” signal to operators
of other vehicles approaching from the rear.
(21 Del. C. 1953, § 4155; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 37.)
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§ 4156. Signals by hand and arm or signal device.
(a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or
mechanical signal device, except as otherwise provided in subsection (b) of this section.
(b) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamp or lamps or
mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load
of such motor vehicle exceeds 24 inches or when the distance from the center of the top of the steering post to the rear limit of the body
or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles.
(21 Del. C. 1953, § 4156; 54 Del. Laws, c. 160, § 1.)
§ 4157. Method of giving hand and arm signals.
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such
signals shall indicate as follows:
(1) Left turn. — Hand and arm extended horizontally.
(2) Right turn. — Hand and arm extended upward.
(3) Stop or decrease speed. — Hand and arm extended downward.
(21 Del. C. 1953, § 4157; 54 Del. Laws, c. 160, § 1; 66 Del. Laws, c. 167, § 1; 70 Del. Laws, c. 384, § 1.)
Subchapter VII
Special Stops Required
§ 4161. Obedience to signal indicating approach of train or other on-track equipment, drawbridge, or
automatic signal system controlling the flow of traffic.
(a) Whenever any person driving a vehicle approaches a railroad grade crossing, drawbridge or automatic signal system controlling
the flow of traffic under any of the circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not less
than 15 feet from the nearest rail of such railroad, and may not proceed until the driver can do so safely. The foregoing requirements
apply to all of the following:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other ontrack equipment.
(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad
train or other on-track equipment.
(3) A railroad train or other on-track equipment approaching within approximately 1,500 feet of the highway crossing emits a signal
audible from such distance and such railroad train or other on-track equipment, by reason of its speed or nearness to such crossing,
is an immediate hazard.
(4) An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to such crossing.
(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or
barrier is closed or is being opened or closed.
(21 Del. C. 1953, § 4161; 54 Del. Laws, c. 160, § 1; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 362, § 1.)
§ 4162. [Reserved.]
§ 4163. Certain vehicles must stop at all railroad grade crossings.
(a) Except as provided by subsection (b) of this section, the driver of any motor vehicle carrying passengers for hire or of any vehicle
carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at any grade or any track of a railroad,
shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while stopped, shall listen and look
in both directions along such track for any approaching train or other on-track equipment and for signals indicating the approach of a train
or other on-track equipment, and may not proceed until the driver can do so safely. After stopping as required by this subsection, and upon
proceeding when it is safe to do so, the driver of any vehicle referenced in this subsection shall cross only in such gear of the vehicle that
there will be no necessity for changing gears while traversing such crossing, and the driver may not shift gears while crossing the track.
(b) Subsection (a) of this section does not apply at any of the following:
(1) A railroad grade crossing at which traffic is controlled by a police officer or human flagger.
(2) A railroad grade crossing at which traffic is regulated by a traffic-control signal.
(3) A railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the
approach of a railroad train or other on-track equipment.
(4) A railroad grade crossing at which an official traffic-control device gives notice that the stopping requirement imposed by this
section does not apply.
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(c) Except as provided by subsection (d) of this section, the driver of any school bus, before crossing at any grade or any track of a
railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while stopped, shall
listen and look in both directions along such track for any approaching train or other on-track equipment and for signals indicating the
approach of a train or other on-track equipment, and may not proceed until the driver can do so safely. After stopping as required by this
subsection, and upon proceeding when it is safe to do so, the driver of any school bus may cross only in such gear of the vehicle that there
will be no necessity for changing gears while traversing such crossing, and the driver may not shift gears while crossing the track.
(d) Subsection (c) of this section shall not apply at any of the following:
(1) A railroad grade crossing at which traffic is controlled by a police officer or human flagger.
(2) A railroad grade crossing at which an official traffic-control device gives notice that the stopping requirement imposed by this
section does not apply.
(21 Del. C. 1953, § 4163; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 39; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 312, §
3; 80 Del. Laws, c. 122, § 1; 81 Del. Laws, c. 362, § 2.)
§ 4163A. Railroad crossing violations for operators of commercial vehicles only.
In addition to the existing railroad crossing violations in § 4163 of this title, the following railroad crossing infractions apply to
commercial motor vehicle operators:
(1) Every commercial motor vehicle operator other than those listed in § 4163 of this title shall, upon approaching a railroad-highway
grade crossing, do all of the following:
a. Slow down and check that the tracks are clear of an approaching train or other on-track equipment.
b. Stop before reaching the crossing if the tracks are not clear.
(2) The driver of a commercial motor vehicle shall obey a traffic control device and comply with a lawful order or direction of a police
officer or other enforcement official who is guiding, directing, controlling, or regulating traffic at a railroad-highway grade crossing.
(3) The driver of a commercial motor vehicle may not cross a railroad-highway grade crossing unless the vehicle has sufficient
undercarriage clearance.
(4) The driver of a commercial motor vehicle may not cross a railroad-highway grade crossing unless the vehicle has sufficient space
and can be driven completely through the crossing without stopping.
(77 Del. Laws, c. 311, § 9; 81 Del. Laws, c. 362, § 3.)
§ 4164. Stop signs and yield signs.
(a) Except when directed to proceed by police officers or traffic-control devices, every driver of a vehicle approaching a stop intersection
indicated by a stop sign shall stop at a marked stop line, but if none, before entering the crosswalk on the near side of the intersection or
if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway
before entering the intersection.
(b) The operator of any vehicle who has come to a full stop as provided in subsection (a) of this section shall yield the right-of-way to
any vehicle or pedestrian in the intersection or to any vehicle approaching on another roadway so closely as to constitute an immediate
hazard and shall not enter into, upon or across such roadway or highway until such movement can be made in safety.
(c) Whenever a yield sign notifying drivers to yield the right-of-way has been erected, it shall be unlawful for a driver of any vehicle
on the highway whose traffic is regulated by such a sign to fail to yield the right-of-way to any vehicle approaching on or from another
highway or merging roadway or to a pedestrian legally crossing a roadway. If required for safety to stop, the stop shall be made at a
marked stop line, but if none, before entering the crosswalk on the near side of the intersection or if none, then at the point nearest the
intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
Any such driver having so yielded to any vehicle in the intersection or approaching on another roadway so closely as to constitute an
immediate hazard or to a pedestrian legally crossing a roadway shall not enter into, upon or across such roadway or highway until such
movement can be made in safety.
(21 Del. C. 1953, § 4164; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 670, § 13A; 60 Del. Laws, c. 701, § 40.)
§ 4165. Emerging from alley, driveway, private road or building.
The driver of a vehicle emerging from an alley, driveway, private road or building where there is no official traffic-control device shall
stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway, driveway or
private road and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and before entering the roadway
shall yield the right-of-way to all vehicles approaching on the roadway.
(21 Del. C. 1953, § 4165; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 41.)
§ 4166. Overtaking and passing school bus; stop signal devices.
(a) School bus. — (1) It shall be unlawful to operate or permit to be operated a vehicle which purports to be a school bus and which
does not meet the following requirements:
a. Carries a valid school bus inspection sticker;
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b. Meets all requirements set by the Department of Transportation; and
c. Complies with §§ 4362-4364 of this title [repealed].
(2) If licensed in another state, these requirements still prevail except that an inspection sticker is not required.
(3) It shall be unlawful for the driver of any vehicle which does not meet the requirements of this section to attempt to or to control
traffic while stopped on the roadway to pick up and discharge passengers.
(b) School bus flashing lamps. — (1) School bus flashing lamps are intended to identify the vehicle as a school bus and to inform other
users of the highway that such vehicle is about to stop or is stopped on the roadway or shoulder to take on or discharge school children.
They are separate from the brake lamps and shall not be used in lieu of or to supplement the brake lamps.
(2) The amber warning lamps shall be activated approximately 10 seconds prior to the red stop lamps to give motorists advance
notice that the bus is preparing to stop or has stopped to pick up and discharge pupils. The lamps shall always be used prior to the
red when available and shall be used only after the bus is relatively parallel with the travelway. The bus may be in motion when the
amber warning lamps are activated.
(3) The red stop lamps shall be activated only when the bus is stopped, but only when the bus is stopped on the shoulder or roadway
to pick up and discharge pupils. The red stop lamps shall not be displayed while the bus is in motion either before or after a stop.
(4) The amber warning lamps and/or the red stop lamps shall not be activated:
a. In designated school bus loading zones;
b. At intersections or other places where traffic is controlled by traffic-control signals or police officers;
c. When the bus is not being used as a school bus; provided, however, the amber warning lights and/or the red stop lamps may
be used any time the bus is transporting children under the age of 18.
(c) School bus words. — The words “SCHOOL BUS” shall be displayed whenever the bus is operated as a school bus. The words shall
be covered, or concealed or removed when the bus is not in actual service as a school bus.
(d) (1) Overtaking and passing school bus. — When a school bus is stopped and displays flashing lamps in accordance with subsection
(b) of this section, the driver of any vehicle approaching the school bus from the front or from the rear shall stop before passing the bus
and remain stopped until such bus begins to move or no longer has the red stop lamps activated. On roadway or roadways with 4 or more
lanes, the driver approaching from the front shall not stop.
(2) The provisions of § 4101(a) of this title or any other statute notwithstanding, the provisions of this subsection shall apply upon
highways and elsewhere throughout the State.
(e) Stopping of school bus. — Whenever practical, a school bus driver shall stop as far to the right as possible to pick up and discharge
passengers.
(f) Identification of violators. — If any vehicle is witnessed by a police officer, school bus operator or school crossing guard to be in
violation of subsection (d) of this section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption
that the person in whose name such vehicle is registered committed such violation of subsection (d) of this section.
(g) Bus operators, bus aides or crossing guards as witnesses. — Whenever a school bus operator, a bus aide or a crossing guard is
required to prepare, with legal counsel, for an appearance or to appear in any court as witness against a person who is alleged to have
violated subsection (d) of this section, the witness shall be advised by the prosecutor assigned to the case by the Attorney General. If a
witness is required to prepare for or to appear in court during working hours, as an operator, aide or guard, in a case as herein described,
the witness shall not suffer any loss of wages, salary or leave time as an employee of the school district, bus contractor or other employing
agency, because of such appearance, except as provided in this section. If the preparation or appearance occurs at a time other than
regular working hours, then the witness shall be paid by the employer for the time involved. Payment for such time shall be at the rate
regularly paid to that employee, except that such payment shall not exceed $8.00 per hour. Employers shall be reimbursed for wages and
employment costs paid upon presentation of appropriate documentation to the Secretary of Education.
(h) Penalties. — Whoever violates subsection (d) of this section shall, for the first offense, be fined not less than $115 nor more than
$230 or imprisoned not less than 30 days nor more than 60 days or both. For each subsequent like offense occurring within 3 years from
the former offense, such person shall be fined not less than $115 nor more than $575, and imprisoned not less than 60 days nor more than
6 months. The minimum fine levied for a violation of subsection (d) of this section shall not be subject to suspension.
(i) Suspension of license. — Upon receiving a conviction for a violation of subsection (d) of this section, the Department shall suspend
the driver’s license and/or driving privileges for a period of not less than 1 month, nor more than 1 year. If the driver’s license is suspended,
a conditional license may be issued pursuant to regulations adopted by the Department.
(21 Del. C. 1953, § 4166; 54 Del. Laws, c. 160, § 1; 56 Del. Laws, c. 367; 60 Del. Laws, c. 701, § 42; 63 Del. Laws, c. 157, §§ 1,
2; 63 Del. Laws, c. 402, § 3; 64 Del. Laws, c. 311, § 1; 67 Del. Laws, c. 21, § 1; 68 Del. Laws, c. 9, § 29; 70 Del. Laws, c. 186, §
1; 73 Del. Laws, c. 65, § 26; 73 Del. Laws, c. 211, §§ 1, 2; 74 Del. Laws, c. 110, § 86; 77 Del. Laws, c. 312, §§ 4, 5.)
§ 4167. Moving heavy equipment at railroad grade crossings.
(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a
normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than 1/2 inch per foot of the distance
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between any 2 adjacent axles or in any event of less than 9 inches, measured above the level surface of a roadway, upon or across any
tracks at a railroad grade crossing without first complying with this section.
(b) Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad
to provide proper protection at such crossing.
(c) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than
15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such
track for any approaching train and for signals indicating the approach of a train and shall not proceed until the crossing can be made safely.
(d) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagger or otherwise of the
immediate approach of a railroad train or car. If a flagger is provided by the railroad, movement over the crossing shall be under the
flagger’s direction.
(21 Del. C. 1953, § 4167; 54 Del. Laws, c. 160, § 1; 70 Del. Laws, c. 186, § 1.)
Subchapter VIII
Speed Restrictions
§ 4168. General speed restrictions.
(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and without
having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid
colliding with any person, vehicle or other conveyance on or entering the highway, in compliance with legal requirements and the duty
of all persons to use due care.
(b) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an appropriate speed
when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching
a hill crest, when traveling upon any narrow or winding roadway and when a special hazard exists with respect to pedestrians or other
traffic or by reason of weather or highway conditions.
(21 Del. C. 1953, § 4168; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 43.)
§ 4169. Specific speed limits; penalty.
(a) Where no special hazard exists, the following speeds shall be lawful, but any speed in excess of such limits shall be absolute evidence
that the speed is not reasonable or prudent and that it is unlawful [for] all types of vehicles:
(1) 25 miles per hour in any business district;
(2) 25 miles per hour in any residential district;
(3) 20 miles per hour at all school zones where 20 mph regulatory signs are posted and state the time periods or conditions during
which the speed limit is in effect; such conditions may include when children are present or while 1 or more warning lights flash;
(4) 50 miles per hour on 2-lane roadways;
(5) 55 miles per hour on 4-lane roadways and on divided roadways.
(b) Whenever the Department of Transportation shall determine, on the basis of engineering studies and traffic investigations or upon
the basis of a federal law or directive by the Congress or the President, that a maximum speed limit set pursuant to subsection (a) of this
section in any particular place on the state maintained highway system is greater or less than is reasonable or safe, the Department shall
declare a reasonable and safe maximum limit thereat, which limit shall be effective when posted. Such maximum limit may be declared to
be effective either part or all of the time and differing limits may be established for different times of the day, for different types of vehicles,
for different weather conditions and when other significant factors differ. Such maximum limits may be posted on fixed or variable signs.
Any speed in excess of such displayed limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful.
(c) Penalties for violation of this section are as follows:
(1) Whoever violates this section shall for the first offense be fined $20. For each subsequent offense, the person shall be fined
$25. A subsequent violation, before being punishable as such, shall have been committed within 24 months after the commission of
the prior offense.
(2) Any person violating this section who exceeds the maximum speed limit by more than 5 miles per hour but less than 16 miles per
hour shall pay an additional fine of $1.00 per mile, if such violation is a first offense, or $2.00 per mile, if such violation is a subsequent
offense, for each mile in excess of the maximum speed limit.
(3) Any person violating this section who exceeds the maximum speed limit by more than 15 miles per hour but less than 20 miles per
hour shall pay an additional fine of $2.00 per mile, if such violation is a first offense, or $3.00 per mile, if such violation is a subsequent
offense, for each mile in excess of the maximum speed limit.
(4) Any person violating this section who exceeds the maximum speed limit by more than 19 miles per hour shall pay an additional
fine of $3.00 per mile, if such violation is a first offense, or $4.00 per mile, if such violation is a second offense, for each mile in
excess of the maximum speed limit.
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(d) The Department of Transportation shall designate a maximum speed limit of 65 miles per hour for all portions of Delaware State
Route 1 located between the Red Lion Creek and the Appoquinimink River, except for the delineated nonhighway speed toll plaza area.
Such maximum limits may be posted on fixed or variable signs. Any speed in excess of such displayed limits shall be absolute evidence
that the speed is not reasonable or prudent and that it is unlawful.
(21 Del. C. 1953, § 4169; 54 Del. Laws, c. 160, § 1; 55 Del. Laws, c. 362, §§ 1, 2; 56 Del. Laws, c. 172; 56 Del. Laws, c. 302; 57
Del. Laws, c. 670, §§ 13A, 13C; 60 Del. Laws, c. 700, § 7; 61 Del. Laws, c. 458, § 1; 65 Del. Laws, c. 503, § 18; 66 Del. Laws, c.
333, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 403, § 1; 75 Del. Laws, c. 323, § 1; 77 Del. Laws, c. 411, § 2; 78 Del. Laws,
c. 208, § 7; 80 Del. Laws, c. 134, § 1.)
§ 4170. Speed limits set by local authorities.
(a) Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation
that the absolute speed permitted under this chapter is greater than is reasonable or safe under the conditions found to exist, such local
authority, subject to subsection (c) of this section, shall determine and declare a reasonable and safe absolute speed limit, which shall be
effective when appropriate signs giving notice thereof are erected.
(b) Local authorities in their respective jurisdictions may at their discretion, but subject to subsection (c) of this section, authorize by
ordinance higher absolute speeds than those stated in this chapter upon through highways or upon highways or portions thereof where
there are no intersections or between widely spaced intersections provided signs are erected giving notice of the authorized speed, but
local authorities shall not modify or alter the basic rule set forth in § 4168(a) of this title.
(c) Alteration of absolute limits on state-maintained highways in any municipality by local authorities shall not be effective until such
alteration has been approved by the Department of Transportation.
(21 Del. C. 1953, § 4170; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 670, § 13A; 74 Del. Laws, c. 110, § 138; 79 Del. Laws, c.
224, § 1.)
§ 4171. Minimum speed.
(a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except
when reduced speed is necessary for safe operation or in compliance with law.
(b) A minimum speed limit, below which no person shall drive a vehicle except when necessary for safe operation or in compliance
with law, may be displayed on appropriate traffic-control devices.
(21 Del. C. 1953, § 4171; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 670, § 13A; 60 Del. Laws, c. 700, § 8; 60 Del. Laws, c. 701,
§ 44.)
§ 4172. Speed exhibitions; drag races and other speed contests.
(a) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical
endurance, exhibition of speed or acceleration and no person shall aid, abet, promote, assist or in any manner participate in any such race,
competition, contest, test or exhibition.
(b) No person shall accelerate or try to accelerate a vehicle, or any of its tires, regardless of whether the vehicle is stationary or in
motion, at a rate which causes the drive wheels to spin or slip on the road surface, to produce smoke from tire slippage, or to leave visible
tire acceleration marks on a highway, ground, or other surface. This subsection shall not apply during periods of inclement weather, unless
such conduct is done in wilful or wanton disregard for the safety of persons or property.
(c) No owner or person in charge of a vehicle shall permit that vehicle or any vehicle under the person’s control to be used by another
person for any of the purposes listed in subsection (a) or (b) of this section. If any vehicle is used in violation of this section 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 prima
facie responsible for such violation.
(d) (1) A violation of this section is an unclassified misdemeanor for the first offense. For a first offense, any sentence shall also include
16 hours of community service either as a condition of probation or pursuant to § 4204(m) of Title 11. A subsequent like offense is a
class A misdemeanor. For a subsequent offense, any sentence shall also include 40 hours of community service either as a condition of
probation or pursuant to § 4202(m) of Title 11. Any fine imposed may not be suspended. Upon receiving notice of a conviction for a
first offense, the Secretary shall forthwith suspend the driver’s license of the person convicted, for a period of 6 months. Upon receiving
notice of a conviction of a subsequent like offense, the Secretary shall suspend the driver’s license for a 1-year period. Notwithstanding
the foregoing, there shall not be a suspension of driver’s license upon conviction for a first offense under subsection (b) of this section.
(2) a. Whenever a person is arrested or issued a citation for a violation of this section, the issuing or arresting law-enforcement
agency shall impound the vehicle used in the offense. A law-enforcement officer may elect not to impound the vehicle, if there is an
emergency or medical necessity jeopardizing life or limb, or if the law-enforcement officer is presented with exigent circumstances,
including resource constraints.
b. A vehicle impounded pursuant to this section shall be impounded for a period of 72 hours after the time of arrest or citation, or
until such later time as the person claiming the vehicle meets the conditions for release listed in paragraph (d)(2)d. of this section.
This section does not otherwise limit any other provisions of the Code that govern the lawful seizure of vehicles or evidence.
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c. A vehicle impounded pursuant to this section may be released to a person other than the arrestee prior to the end of the
impoundment period only under 1 of the following conditions:
1. The arrestee does not own and has not leased the vehicle, and the person who owns or leases the vehicle claims the vehicle
and meets the conditions of release set forth in paragraph (d)(2)d. of this section.
2. The vehicle is owned or leased by the arrestee and the arrestee gives permission to another person, who has provided written
acknowledgment that he/she is responsible for not allowing the arrestee to drive the motor vehicle during the balance of the
impoundment period, and the conditions for release in paragraph (d)(2)d. of this section are met. Should another person obtain
the early release of an impounded vehicle under this paragraph and the arrestee thereafter drives, operates, or is in actual physical
control of the vehicle during the balance of the 72-hour period of impoundment, the person that obtained the early release of the
vehicle shall be guilty of a violation and subject to a $200 fine, which shall not be suspended. In any such prosecution under this
paragraph, the State does not need to present a copy of the written acknowledgement.
d. A vehicle impounded pursuant to this section shall not be released unless all of the following conditions are met:
1. The claimant presents a valid driver’s license or other photo identification, proof of ownership or lawful authority to operate
the motor vehicle, and proof of valid motor vehicle insurance for that vehicle. If the vehicle will be driven out of impoundment,
the claimant must have a valid driver’s license or be accompanied by a person with a valid driver’s license. If the vehicle is an
ATV or OHV, proof of insurance is not necessary.
2. The claimant is able to operate the vehicle in a safe manner and would not be in violation of § 4177(a) of this title.
3. Any other conditions for release established by the law-enforcement agency have been met.
4. All reasonable towing and storage fees connected to the vehicle have been paid. The State and the arresting law-enforcement
agency shall not be liable for any expenses incurred in connection with the towing and storage of said vehicle.
(e) (1) This section applies on highways and elsewhere throughout the State including all of the following:
a. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public.
b. On the premises of any industrial establishment providing parking space for customers, patrons, or employees.
c. On any highway under construction or not yet open to the public.
(2) This section does not apply on any raceway, drag strip, or other place customarily and lawfully used for speed exhibitions or
contests, or any nonresidential commercial, industrial, or other property where the participants have received express permission from
the owner or the owner’s agent.
(3) For the purpose of this section, the term “vehicle” includes “all terrain vehicle,” “ATV,” “Off-highway vehicle,” and “OHV”
as those terms are defined in § 101 of this title.
(4) For purposes of this section, a “subsequent offense” means a new violation of either subsection (a) or (b) of this section occurring
within 5 years of the date of any former offense under this section.
(f) (1) If a person is found in violation of this section and the vehicle used in the violation is registered to that person or where the
registrant permits the use of the vehicle, the court, at the time of sentencing the operator for violating this section, may, upon motion by
the State, order said vehicle be impounded for up to 90 days for the first violation of this section, and for up to 1 year for a subsequent
violation, provided that a public or private secure storage area may be obtained by the arresting law-enforcement agency for said vehicle.
The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause why the impoundment of
such vehicle should cease. Prior to releasing said vehicle, the person to whom the vehicle is released shall pay all reasonable towing and
storage fees connected therewith. The State and the arresting law-enforcement agency shall not be liable for any expenses incurred in
connection with the towing and storage of said vehicle.
(2) In lieu of impoundment under paragraph (f)(1) of this section, the court may order that the number plate or registration plate of
any vehicle used in connection with a violation of subsection (a) of this section be surrendered to the Department within 72 hours of
the issuance of the order, or in accordance with the Department’s procedures, for up to 90 days for the first violation of this section,
and for up to 1 year for a subsequent violation. The court shall permit any party with a legal or equitable interest in the vehicle an
opportunity to show cause why the surrender of said plate should cease. After a person is convicted for a violation of this section, no
person shall sell, transfer, or encumber the title to a vehicle that the person knows is subject to a court order, except in the case of
salvage, repossession, or unless first approved by the court that issued the order. The Department may not issue any alternate number
plate or registration plate to that vehicle during the period of surrender, unless approved by the court that entered the order or upon
presentment of proof of salvage or repossession. Anyone convicted of a violation of this section is prohibited from driving, operating,
or being in physical control of the vehicle during the period of surrender absent specific court approval, regardless of any legal or
equitable interest they might have in the vehicle.
(g) Whenever any vehicle has been used in, or in connection with, the commission of a violation of this section, or in connection with
the flight or escape of any person convicted of a violation of this section, and any vehicle involved causes serious physical injury or death
to another person during the course of the violation, or its operator is in violation of § 4177(a) of this title as a second offense or higher,
the State, pursuant to the procedure governing set forth in Chapter 23 of Title 11 may seek to have forfeited any vehicle involved, whether
it be the vehicle or an accomplice vehicle.
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(h) Nothing in this section shall be construed to preclude or otherwise limit prosecution of or conviction for a violation of this chapter
or any other provision of law. A person may be prosecuted and convicted of both the offenses of speed exhibitions, drag races and other
speed contests and any other offenses as defined elsewhere by the laws of the State.
(21 Del. C. 1953, § 4172; 54 Del. Laws, c. 160, § 1; 56 Del. Laws, c. 315; 57 Del. Laws, c. 670, § 13B; 60 Del. Laws, c. 702, § 1;
70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 60, § 12; 83 Del. Laws, c. 294, § 1.)
§ 4172A. Malicious mischief by motor vehicle.
(a) No person shall operate a motor vehicle in such a manner as to cause wilful, wanton or reckless damage to or destruction of property
owned by another person, party, company or corporation.
(b) No owner or person in charge of a motor vehicle shall permit that motor vehicle or any motor vehicle under the person’s control
to be operated by another person in such a manner as to cause wilful, wanton or reckless damage to or destruction of property owned by
another person, party, company or corporation, nor so as to cause or threaten to cause injury or death to any person.
(c) Whoever being an operator violates this section shall be guilty of an unclassified misdemeanor, and shall be fined for the first
offense not less than $25 nor more than $200, or imprisoned not less than 10 days nor more than 30 days or both. Upon receiving the
notice of such conviction, the Secretary shall forthwith suspend the driver’s license of the person convicted, for a period of not longer
than 6 months. For each subsequent like offense, the person shall be fined not less than $50 nor more than $400, or imprisoned not less
than 15 days nor more than 60 days or both. Upon receiving a court record of conviction for a subsequent like offense, the Secretary shall
suspend the driver’s license for a 1-year period.
(d) Whoever being the owner or person in charge of a motor vehicle who permitted such motor vehicle to be operated in violation of
this section shall be guilty of an unclassified misdemeanor, and shall be fined for the first offense not less than $28.75 nor more than
$230, or imprisoned not less than 10 days nor more than 30 days or both. For each subsequent like offense the person shall be fined not
less than $57.50 nor more than $460, or imprisoned not less than 15 days nor more than 60 days or both.
(e) This section shall apply to the operation of motor vehicles on public highways and elsewhere throughout the State.
(60 Del. Laws, c. 702, § 4; 62 Del. Laws, c. 153, § 1; 68 Del. Laws, c. 9, § 30; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 60, §
13.)
§ 4173. Speed and weight limits on elevated structures.
(a) No person shall drive a vehicle over any bridge or elevated structure constituting a part of a highway at a speed which is greater
than the maximum speed which can be maintained with safety to such bridge or structure, when such bridge has traffic-control devices
displayed.
(b) No person shall drive a vehicle over any bridge or elevated structure constituting a part of a highway when such vehicle’s gross
weight, including carried load, is greater than the maximum weight which can be maintained with safety to such bridge or structure, when
such structure has traffic-control devices displayed.
(c) The existence of traffic-control devices shall be conclusive evidence of the maximum speed or gross weight, including carried load,
which can, with safety to any such structures, be maintained thereon.
(21 Del. C. 1953, § 4173; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 670, § 13A; 60 Del. Laws, c. 701, § 45.)
§ 4174. Complaint and summons in speed violations.
In every charge of violation of any speed regulation in this chapter, except §§ 4168 and 4172 of this title, the complaint and the
summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the maximum or minimum
speed applicable at the location.
(21 Del. C. 1953, § 4174; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 46.)
Subchapter IX
Reckless Driving; Driving While Intoxicated
§ 4175. Reckless driving.
(a) No person shall drive any vehicle in wilful or wanton disregard for the safety of persons or property, and this offense shall be
known as reckless driving.
(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $100 nor more than $300, or be
imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense,
the person shall be fined not less than $300 nor more than $1,000, or be imprisoned not less than 30 nor more than 60 days, or both.
No person who violates subsection (a) of this section shall receive a suspended sentence. However, for the first offense, the period of
imprisonment may be suspended. Whoever is convicted of violating subsection (a) of this section and who has had the charge reduced
from the violation of § 4177(a) of this title shall, in addition to the above, be ordered to complete a course of instruction or program
of rehabilitation established under § 4177D of this title and to pay all fees in connection therewith. In such cases, the court disposing
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of the case shall note in the court’s record that the offense was alcohol-related or drug-related and such notation shall be carried on the
violator’s motor vehicle record.
(21 Del. C. 1953, § 4175; 54 Del. Laws, c. 160, § 1; 65 Del. Laws, c. 503, § 19; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 315, §
6.)
§ 4175A. Aggressive driving.
(a) No person shall drive any vehicle in an aggressive manner, as defined by this section, and such offense shall be known as aggressive
driving.
(b) For purposes of this section, “aggressive manner” shall mean that an individual engages in continuous conduct which violates 3
or more of the following sections:
(1) Section 4107 of this title, relating to obedience to traffic-control devices;
(2) Section 4108 of this title, relating to traffic control signals;
(3) Section 4117 of this title, relating to overtaking on the right;
(4) Section 4122 of this title, relating to driving within a traffic lane;
(5) Section 4123 of this title, relating to following too closely;
(6) Section 4132 of this title, relating to yielding to the right-of-way;
(7) Section 4133 of this title, relating to vehicles entering the roadway;
(8) Section 4155 of this title, relating to use of turn signals;
(9) Section 4164 of this title, relating to stop signs and yield signs;
(10) Section 4166(d) of this title, relating to overtaking and passing school buses;
(11) Section 4168 of this title, relating to speed restrictions; and
(12) Section 4169, relating to specific speed limits.
(c) Whoever violates this section shall for the first offense be fined not less than $100 nor more than $300 or be imprisoned not less
than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall
be fined not less than $300 nor more than $1,000 or be imprisoned not less than 30 nor more than 60 days, or both, and the person shall
have their driving privileges suspended for a period of 30 days.
(d) In addition to the penalties imposed pursuant to subsection (c) of this section, whoever violates this section shall be ordered to
complete a course of instruction established by the Secretary to address behavior modification or attitudinal driving. The Secretary shall
administer such courses and programs and adopt rules and regulations therefor, and shall establish a schedule of fees for enrollment in
such courses and programs that shall not exceed the maximum fine imposed pursuant to subsection (c) of this section.
(e) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or
any other provision of law. A person may be prosecuted and convicted of both the offense of aggressive driving and 1 or more underlying
offenses as defined elsewhere by the laws of the State.
(72 Del. Laws, c. 216, § 1; 73 Del. Laws, c. 113, § 1; 74 Del. Laws, c. 285, § 1.)
§ 4176. Careless or inattentive driving.
(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then
existing, shall be guilty of careless driving.
(b) Whoever operates a vehicle and who fails to give full time and attention to the operation of the vehicle, or whoever fails to maintain
a proper lookout while operating the vehicle, shall be guilty of inattentive driving.
(c) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $75. For each subsequent like
offense occurring within 3 years of a former offense, the person shall be fined not less than $50 nor more than $95.
(d) [Repealed.]
(21 Del. C. 1953, § 4175A; 56 Del. Laws, c. 305; 60 Del. Laws, c. 701, § 47; 65 Del. Laws, c. 503, § 20; 68 Del. Laws, c. 9, § 31;
70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 464, § 1; 78 Del. Laws, c. 208, §§ 8-10; 81 Del. Laws, c. 195, § 2.)
§ 4176A. Operation of a vehicle causing death; unclassified misdemeanor.
(a) A person is guilty of operation of a vehicle causing death when, in the course of driving or operating a motor vehicle or OHV in
violation of any provision of this chapter other than § 4177 of this title, the person’s driving or operation of the vehicle or OHV causes
the death of another person.
(b) Operation of a vehicle causing death is an unclassified misdemeanor.
(c) Notwithstanding any provision of law to the contrary, a person convicted of operation of a vehicle causing death shall for the first
offense be fined not more than $1,150 and imprisoned not more than 30 months. For each subsequent conviction under this section the
person shall be fined not more than $2,300 and imprisoned not more than 60 months.
(d) The Superior Court has original and exclusive jurisdiction over a violation of this section by a person 18 years of age or older.
Notwithstanding any provision of law to the contrary, an offense which is within the original and/or exclusive jurisdiction of another
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court and which may be joined properly with a violation of this section is deemed to be within the original and exclusive jurisdiction
of the Superior Court.
(74 Del. Laws, c. 99, § 1.)
§ 4176B. Cell phone use by school bus drivers; penalties.
(a) No driver shall operate a school bus on any highway while using a cell telephone while such vehicle is in motion and such vehicle is
transporting 1 or more children; provided, that this section shall not apply to communications made to and from a central dispatch, school
transportation department or its equivalent when the bus is not equipped with a functioning 2-way radio.
(b) For the purposes of this section, “cell telephone” means a cellular, analog, wireless or digital telephone.
(c) Whoever violates this section shall for the first offense be fined not less than $50 nor more than $100. For each subsequent offense
the person shall be fined not less than $100 nor more than $200 and shall have that person’s school bus endorsement removed from that
person’s driver’s license for a period of at least 6 months.
(d) It is an affirmative defense to prosecution under this section that the driver’s use of a cell telephone was necessitated by a bona
fide emergency.
(74 Del. Laws, c. 318, § 1; 70 Del. Laws, c. 186, § 1.)
§ 4176C. Electronic communication devices; penalties.
(a) No person shall drive a motor vehicle on any highway while using an electronic communication device while such motor vehicle
is in motion.
(b) For the purposes of this section, the following terms shall mean:
(1) “Cell telephone” shall mean a cellular, analog, wireless or digital telephone.
(2) “Electronic communication device” shall mean a cell telephone, personal digital assistant, electronic device with mobile data
access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or portable
computing device.
(3) “Engages or engaging in a call” shall mean when a person talks into or listens on an electronic communication device, but shall
not mean when a person dials or punches a phone number on an electronic communication device.
(4) “Hands-free electronic communication device” shall mean an electronic communication device that has an internal feature or
function, or that is equipped with an attachment or addition, whether or not permanently part of such electronic communication device,
by which a user engages in a call without the use of either hand or both hands.
(5) “Hands-free equipment” shall mean the internal feature or function of a hands-free electronic communication device or the
attachment or addition to a hands-free electronic communication device by which a user may engage in a call without the use of either
hand or both hands.
(6) “Using” shall mean holding in a person’s hand or hands an electronic communication device while:
a. Viewing or transmitting images or data;
b. Playing games;
c. Composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages or other
electronic data; or
d. Engaging in a call.
(c) Subsection (a) of this section shall not apply to:
(1) A law-enforcement officer, a firefighter, an emergency medical technician, a paramedic or the operator of an authorized
emergency vehicle in the performance of their official duties;
(2) A person using an electronic communication device to report to appropriate authorities a fire, a traffic accident, a serious road
hazard, or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless,
careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs, or to report any crime;
(3) A person using a cell telephone who is operating a school bus and covered under § 4176B of this title;
(4) A person engaging in a call with a hands-free electronic communication device while utilizing hands-free equipment and such
person does not hold the hands-free electronic communication device in such person’s hand or hands;
(5) The activation or deactivation of hands-free equipment or a function of hands-free equipment;
(6) A person driving or operating an unregistered farm tractor, farm truck or farm equipment;
(7) Use of an amateur radio by an FCC-licensed amateur radio operator; and
(8) A person who during their course of employment with a business or government entity uses a 2-way radio mounted or attached to a
motor vehicle to communicate with a central dispatch, base of operation, or with other employees of such business or government entity.
(d) Whoever violates this section shall for the first offense be subject to a civil penalty of $100. For each subsequent like offense
occurring within 2 years of the former offense the person shall be subject to a civil penalty of not less than $200 nor more than $300.
For each civil penalty of $100 that is assessed under this subsection, $20 shall be paid over to the State Treasury to be deposited into the
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Volunteer Ambulance Company Fund, in addition to the $10 penalty assessed pursuant to § 4101(j) of Title 11. For each civil penalty
between $200 and $300 that is assessed under this subsection, 20% shall be paid over to the State Treasury to be deposited into the
Volunteer Ambulance Company Fund, in addition to the $10 penalty assessed pursuant to § 4101(j) of Title 11.
(e) No motor vehicle points shall be assessed for a violation of this section.
(77 Del. Laws, c. 343, § 1; 77 Del. Laws, c. 344, § 1; 77 Del. Laws, c. 345, § 1; 78 Del. Laws, c. 279, § 1; 80 Del. Laws, c. 405, §
1; 81 Del. Laws, c. 221, § 1.)
§ 4176D. Operation of a motor vehicle during an emergency.
(a) No person shall operate a motor vehicle on a highway, express highway, roadway or private road as defined in § 101 of this title
when a Level 3 Driving Ban or a Level 2 Driving Restriction has been activated during an emergency, unless the person is a first responder,
essential personnel, or a waiver has been granted, pursuant to § 3116(b)(12) of Title 20.
(b) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like
offense, the person shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both.
(77 Del. Laws, c. 447, § 1.)
§ 4176E. Operation of a vehicle causing serious physical injury to a vulnerable user.
(a) As used in this section, “vulnerable user” means any of the following:
(1) A pedestrian who is lawfully on or within a highway, crosswalk, improved or unimproved shoulder of a highway, or sidewalk.
(2) An individual actively engaged in work upon a highway, in work upon utility facilities upon or along a highway, or in the
provision of emergency services upon, within, or adjacent to a highway.
(3) An individual riding an animal or driving an animal-drawn carriage, or a passenger of the individual, lawfully on or within a
highway or improved or unimproved shoulder of a highway.
(4) An individual operating or a passenger on or in any of the following, when any of the following is lawfully on or within a highway,
crosswalk, improved or unimproved shoulder of a highway, or sidewalk:
a. A farm tractor or similar vehicle designed primarily for farm use.
b. A skateboard.
c. Roller skates.
d. In-line skates.
e. A scooter.
f. A moped.
g. A bicycle or a device that is an extension of a bicycle, such as an extend-a-bike, a bicycle trailer, or a child’s bicycle seat.
h. A motorcycle.
i. A nonmotorized or motorized wheelchair.
j. An electric personal assistive mobility device.
(b) A person is guilty of operation of a vehicle causing serious physical injury to a vulnerable user when, in the course of driving or
operating a motor vehicle or OHV in violation of any provision of this chapter other than § 4177 of this title, the person’s driving or
operation of the vehicle or OHV causes serious physical injury, as defined in § 222 of Title 11, to a vulnerable user.
(c) The Superior Court has original and exclusive jurisdiction over a violation of this section by a person 18 years of age or older.
Notwithstanding any provision of law to the contrary, an offense which is within the original or exclusive jurisdiction of another court
and which may be joined properly with a violation of this section is deemed to be within the original and exclusive jurisdiction of the
Superior Court.
(d) A person who violates this section is guilty of a violation. Unless suspended under subsection (e) of this section, the Superior Court
must impose upon a person convicted under this section all of the following:
(1) A fine of $550.
(2) A suspension of the person’s license or driving privileges, or both, for up to 1 year.
(3) A requirement that the person complete a traffic safety course approved by the Division of Motor Vehicles.
(4) A requirement that the person perform not less than 10, nor more than 100, hours of community service which must include
activities related to driver improvement and providing public education on traffic safety.
(e) The Superior Court may suspend up to $500 of the fine and the imposition of the suspension of the person’s license or driving
privileges, or both. Any sentence suspended under this subsection must be suspended on the condition that the person completes the
remaining provisions of the sentence. If any sentence is suspended, the Superior Court shall set a hearing date at a time within 1 year of
the date of sentencing. At that hearing, the Superior Court shall do one of the following:
(1) If the person has successfully completed the requirements described in paragraphs (d)(3) and (d)(4) of this section, dismiss the
penalties suspended under this subsection.
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(2) If the person has not successfully completed the requirements described in paragraphs (d)(3) and (d)(4) of this section do 1 of
the following:
a. Grant the person an extension based on good cause shown. The Court may not grant more than 1 extension for good cause shown.
b. Impose those portions of the sentence suspended under subsection (e) of this section.
(f) Nothing in this section is deemed to preclude prosecution under any other provision of this chapter.
(81 Del. Laws, c. 195, § 1.)
§ 4177. Driving a vehicle while under the influence or with a prohibited alcohol or drug content; evidence;
arrests; and penalties.
(a) No person shall drive a vehicle:
(1) When the person is under the influence of alcohol;
(2) When the person is under the influence of any drug;
(3) When the person is under the influence of a combination of alcohol and any drug;
(4) When the person’s alcohol concentration is .08 or more; or
(5) When the person’s alcohol concentration is, within 4 hours after the time of driving .08 or more. Notwithstanding any other
provision of the law to the contrary, a person is guilty under this subsection, without regard to the person’s alcohol concentration
at the time of driving, if the person’s alcohol concentration is, within 4 hours after the time of driving .08 or more and that alcohol
concentration is the result of an amount of alcohol present in, or consumed by the person when that person was driving;
(6) When the person’s blood contains, within 4 hours of driving, any amount of an illicit or recreational drug that is the result of
the unlawful use or consumption of such illicit or recreational drug or any amount of a substance or compound that is the result of the
unlawful use or consumption of an illicit or recreational drug prior to or during driving.
(b) In a prosecution for a violation of subsection (a) of this section:
(1) Except as provided in paragraph (b)(3)b. of this section, 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.
(2) a. No person shall be guilty under paragraph (a)(5) of this section when the person has not consumed alcohol prior to or during
driving but has only consumed alcohol after the person has ceased driving and only such consumption after driving caused the person
to have an alcohol concentration of .08 or more within 4 hours after the time of driving.
b. No person shall be guilty under paragraph (a)(5) of this section when the person’s alcohol concentration was .08 or more at the
time of testing only as a result of the consumption of a sufficient quantity of alcohol that occurred after the person ceased driving
and before any sampling which raised the person’s alcohol concentration to .08 or more within 4 hours after the time of driving.
(3) a. No person shall be guilty under paragraph (a)(6) of this section when the person has not used or consumed an illicit or
recreational drug prior to or during driving but has only used or consumed such drug after the person has ceased driving and only such
use or consumption after driving caused the person’s blood to contain an amount of the drug or an amount of a substance or compound
that is the result of the use or consumption of the drug within 4 hours after the time of driving.
b. No person shall be guilty under paragraph (a)(6) of this section when the person has used or consumed the drug or drugs detected
according to the directions and terms of a lawfully obtained prescription for such drug or drugs.
c. Nothing in this subsection nor any other provision of this chapter shall be deemed to preclude prosecution under paragraph
(a)(2) or (a)(3) of this section.
(4) 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.
(c) For purposes of subchapter III of Chapter 27 of this title and this subchapter, the following definitions shall apply:
(1) “Alcohol concentration of .08 or more” shall mean:
a. An amount of alcohol in a sample of a person’s blood equivalent to .08 or more grams of alcohol per 100 milliliters of blood; or
b. An amount of alcohol in a sample of a person’s breath equivalent to .08 or more grams per 210 liters of breath.
(2) “Alcohol concentration of .15 or more” shall mean:
a. An amount of alcohol in a sample of a person’s blood equivalent to .15 or more grams of alcohol per 100 milliliters of blood; or
b. An amount of alcohol in a sample of a person’s breath equivalent to .15 or more grams per 210 liters of breath.
(3) “Alcohol concentration of .20 or more” shall mean:
a. An amount of alcohol in a sample of a person’s blood equivalent to .20 or more grams of alcohol per 100 milliliters of blood; or
b. An amount of alcohol in a sample of a person’s breath equivalent to .20 or more grams per 210 liters of breath.
(4) “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 Forensic Sciences Laboratory, Division of
Forensic Science, the Delaware State Police Crime Laboratory, any state or federal law-enforcement agency, or any hospital or medical
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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 an officer and the person.
(5) “Drive” shall include driving, operating, or having actual physical control of a vehicle.
(6) “Drug” shall include any substance or preparation defined as such by Title 11 or Title 16 or which has been placed in the schedules
of controlled substances pursuant to Chapter 47 of Title 16. “Drug” shall also include any substance or preparation having the property
of releasing vapors or fumes which may be used for the purpose of producing a condition of intoxication, inebriation, exhilaration,
stupefaction or lethargy or for the purpose of dulling the brain or nervous system.
(7) “Illicit or recreational drug” as that phrase is used in paragraph (a)(6) of this section means any substance or preparation that is:
a. Any material, compound, combination, mixture, synthetic substitute or preparation which is enumerated as a Schedule I
controlled substance under § 4714 of Title 16; or
b. Cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of Title 16; or
c. Amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing any such substance,
as described in § 4716(d)(1) of Title 16; or
d. Methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any such substance, as
described in § 4716(d)(3) of Title 16; or
e. Phencyclidine, or of any mixture containing any such substance, as described in § 4716(e)(5) of Title 16; or
f. A designer drug as defined in § 4701 of Title 16; or
g. A substance or preparation having the property of releasing vapors or fumes which may be used for the purpose of producing
a condition of intoxication, inebriation, stupefaction or lethargy or for the purpose of dulling the brain or nervous system.
(8) “Unlawful use or consumption” as that phrase is used in paragraph (a)(6) of this section means that the person used or consumed a
drug without legal authority to do so as provided by Delaware law. This Code describes the procedure by which a person may lawfully
obtain, use or consume certain drugs. In a prosecution brought under paragraph (a)(6) of this section, the State need not present evidence
of a lack of such legal authority. In a prosecution brought under paragraph (a)(6) of this section, if a person claims that such person
lawfully used or consumed a drug, it is that person’s burden to show that person has complied with and satisfied the provisions of this
Code regarding obtaining, using or consumption of the drug detected.
(9) “Substance or compound that is the result of the unlawful use or consumption of an illicit or recreational drug” as that phrase
is used in paragraph (a)(6) of this section shall not include any substance or compound that is solely an inactive ingredient or inactive
metabolite of such drug.
(10) “Vehicle” shall include any vehicle as defined in § 101(86) of this title, any off-highway vehicle as defined in § 101(45) of
this title and any moped as defined in § 101(36) of this title.
(11) “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 driving of a vehicle.
(d) Whoever is convicted of a violation of subsection (a) of this section shall:
(1) For the first offense, be fined not less than $500 nor more than $1,500 or imprisoned not more than 12 months or both. Any
period of imprisonment imposed under this paragraph may be suspended.
(2) For a second offense occurring at any time within 10 years of a prior offense, be fined not less than $750 nor more than $2,500
and imprisoned not less than 60 days nor more than 18 months. The minimum sentence for a person sentenced under this paragraph
may not be suspended. The sentencing Court may suspend the minimum sentence set forth in this subsection upon the condition that
the offender shall successfully complete the Court of Common Pleas Driving Under the Influence Treatment Program in which the
offender shall complete a minimum of 30 days of community service.
(3) For a third offense occurring at any time after 2 prior offenses, be guilty of a class G felony, be fined not more than $5,000
and be imprisoned not less than 1 year nor more than 2 years. The provisions of § 4205(b)(7) or § 4217 of Title 11 or any other
statute to the contrary notwithstanding, the first 3 months of the sentence shall not be suspended, but shall be served at Level V and
shall not be subject to any early release, furlough or reduction of any kind. The sentencing court may suspend up to 9 months of any
minimum sentence set forth in this paragraph provided, however, that any portion of a sentence suspended pursuant to this paragraph
shall include participation in both a drug and alcohol abstinence program and a drug and alcohol treatment program as set forth in
paragraph (d)(9) of this section.
(4) For a fourth offense occurring any time after 3 prior offenses, be guilty of a class E felony, be fined not more than $7,000, and
imprisoned not less than 2 years nor more than 5 years. The provisions of § 4205(b)(5) or § 4217 of Title 11 or any other statute to
the contrary notwithstanding, the first 6 months of the sentence shall not be suspended, but shall be served at Level V and shall not be
subject to any early release, furlough or reduction of any kind. The sentencing court may suspend up to 18 months of any minimum
sentence set forth in this paragraph provided, however, that any portion of a sentence suspended pursuant to this paragraph shall include
participation in both a drug and alcohol abstinence program and a drug and alcohol treatment program as set forth in paragraph (d)
(9) of this section.
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(5) For a fifth offense occurring any time after 4 prior offenses, be guilty of a class E felony, be fined not more than $10,000 and
imprisoned not less than 3 years nor more than 5 years.
(6) For a sixth offense occurring any time after 5 prior offenses, be guilty of a class D felony, be fined not more than $10,000 and
imprisoned not less than 4 years nor more than 8 years.
(7) For a seventh offense occurring any time after 6 prior offenses, or for any subsequent offense, be guilty of a class C felony, be
fined not more than $15,000 and imprisoned not less than 5 years nor greater than 15 years.
(8) For the fifth, sixth, seventh offense or greater, the provisions of § 4205(b) or § 4217 of Title 11 or any other statute to the
contrary notwithstanding, at least 1/2 of any minimum sentence shall be served at Level V and shall not be subject to any early release,
furlough or reduction of any kind. The sentencing court may suspend up to 1/2 of any minimum sentence set forth in this section
provided, however, that any portion of a sentence suspended pursuant to this paragraph shall include participation in both a drug and
alcohol abstinence program and a drug and alcohol treatment program as set forth in paragraph (d)(9) of this section. No conviction for
a violation of this section, for which a sentence is imposed pursuant to this paragraph or paragraph (d)(3) or (d)(4) of this section, shall
be considered a predicate felony for conviction or sentencing pursuant to § 4214 of Title 11. No offense for which sentencing pursuant
to this paragraph or paragraph (d)(3) or (d)(4) of this section is applicable shall be considered an underlying felony for a murder in
the first degree charge pursuant to § 636(a)(2) of Title 11.
(9) Any minimum sentence suspended pursuant to paragraph (d)(3), (d)(4), or (d)(8) of this section shall be upon the condition that
the offender shall complete a program of supervision which shall include:
a. A drug and alcohol abstinence program requiring that the offender maintain a period of not less than 90 consecutive days of
sobriety as measured by a transdermal continuous alcohol monitoring device or through periodic breath or urine analysis. In addition
to such monitoring, the offender shall participate in periodic, random breath or urine analysis during the entire period of supervision.
b. An intensive inpatient or outpatient drug and alcohol treatment program for a period of not less than 3 months as approved by
the Court or the Department of Correction.
1. Such treatment and counseling may be completed either while an offender is serving any level of supervision as defined by
§ 4204(c)(2) through (5) of Title 11 or after arrest but before adjudication of the offense.
2. Notwithstanding paragraph (d)(9)b.1. of this section, the offender must complete the required drug and alcohol treatment
program within 9 months from the date the offender is sentenced or from the date of release following a Level V or Level IV
sentence.
3. If an offender fails to complete the required drug and alcohol treatment program as required under paragraph (d)(9)b.2. of
this section, the court shall impose the portion of the minimum sentence suspended by the court under paragraphs (d)(3), (d)(4),
or (d)(8) of this section for the offender’s participation in the program.
4. On petition by the offender, or the Department of Correction, filed before the expiration of the 9-month period under paragraph
(d)(9)b.2. of this section, the court may, for good cause shown, extend the 9-month period to accommodate the completion of the
required drug and alcohol treatment program.
c. Any other terms or provisions deemed appropriate by the sentencing court or the Department of Correction.
(10) In addition to the penalties otherwise authorized by this subsection, any person convicted of a violation of subsection (a) of this
section, committed while a person who has not yet reached the person’s seventeenth birthday is on or within the vehicle shall:
a. For the first offense, be fined an additional minimum of $500 and not more than an additional $1,500 and sentenced to perform
a minimum of 40 hours of community service in a program benefiting children.
b. For each subsequent like offense, be fined an additional minimum of $750 and not more than an additional $2,500 and sentenced
to perform a minimum of 80 hours of community service in a program benefiting children.
c. Violation of this paragraph shall be considered as an aggravating circumstance for sentencing purposes for a person convicted
of a violation of subsection (a) of this section. Nothing in this paragraph shall prevent conviction for a violation of both subsection
(a) of this section and any offense as defined elsewhere by the laws of this State.
d. Violation of or sentencing pursuant to this paragraph shall not be considered as evidence of either comparative or contributory
negligence in any civil suit or insurance claim, nor shall a violation of or sentencing pursuant to this paragraph be admissible as
evidence in the trial of any civil action.
(11) A person who has been convicted of prior or previous offenses of this section, as defined in § 4177B(e) of this title, need
not be charged as a subsequent offender in the complaint, information or indictment against the person in order to render the person
liable for the punishment imposed by this section on a person with prior or previous offenses under this section. However, if at any
time after conviction and before sentence, it shall appear to the Attorney General or to the sentencing court that by reason of such
conviction and prior or previous convictions, a person should be subjected to paragraph (d)(3), (d)(4), (d)(5), (d)(6) or (d)(7) of this
section, the Attorney General shall file a motion to have the defendant sentenced pursuant to those provisions. If it shall appear to the
satisfaction of the court at a hearing on the motion that the defendant falls within paragraph (d)(3), (d)(4), (d)(5), (d)(6) or (d)(7) of
this section, the court shall enter an order declaring the offense for which the defendant is being sentenced to be a felony and shall
impose a sentence accordingly.
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(12) The Court of Common Pleas and Justice of the Peace Courts shall not have jurisdiction over offenses which must be sentenced
pursuant to paragraph (d)(3), (d)(4), (d)(5), (d)(6), (d)(7), (d)(8) or (d)(9) of this section.
(13) The Justice of the Peace Court shall have jurisdiction to accept pleas of guilt and to impose sentence for violations of this section
that are not subject to sentencing pursuant to paragraphs (d)(3) through (d)(9) of this section and to enter conditional adjudications of
guilt requiring or permitting a person to enter a first offender election pursuant to § 4177B of this title. The Justice of the Peace Court
shall not have jurisdiction to try any violations of this section. If an offense or criminal case within the exclusive jurisdiction of a justice
of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, is or may be joined properly with a
violation of this section, such offense or criminal case shall remain joined with any violation of this section for the purpose of trial.
(14) If a person enters a guilty plea in a court of competent jurisdiction to a violation of subsection (a) of this section, such action
shall constitute a waiver of the right to an administrative hearing as provided for in § 2742 of this title and shall act to withdraw any
request previously made therefor.
(15) Notwithstanding any law to the contrary, the phrase “all crimes” as used in the Truth in Sentencing Act of 1989 shall include
felonies under this section, and any amendments thereto.
(e) In addition to any penalty for a violation of subsection (a) of this section, the court shall prohibit the person convicted from operating
any motor vehicle unless such motor vehicle is equipped with a functioning ignition interlock device; the terms of installation of the
device and licensing of the individual to drive shall be as set forth in § 4177C and § 4177G of this title. A person who is prohibited
from operating any motor vehicle unless such motor vehicle is equipped with a functioning ignition interlock device under this title at the
time of an offense under subsection (a) of this section shall, in addition to any other penalties provided under law, pay a fine of $2,000
and be imprisoned for 60 days.
(f) In addition to any penalty for a violation of subsection (a) of this section, the court shall order the person to complete an alcohol
evaluation and to complete a program of education or rehabilitation pursuant to § 4177D of this title which may include inpatient treatment
and be followed by such other programs as established by the treatment facility, not to exceed a total of 15 months and to pay a fee not
to exceed the maximum fine; provided however, that successful completion of the Court of Common Pleas Driving Under the Influence
Treatment Program shall satisfy this requirement.
(g) For purposes of a conviction premised upon subsection (a) of this section, or any proceeding pursuant to this Code in which an issue
is whether a person was driving a vehicle while under the influence, evidence establishing the presence and concentration of alcohol or
drugs in the person’s blood, breath or urine shall be relevant and admissible. Such evidence may include the results from tests of samples
of the person’s blood, breath or urine taken within 4 hours after the time of driving or at some later time. In any proceeding, the resulting
alcohol or drug concentration reported when a test, as defined in paragraph (c)(3) of this section, is performed shall be deemed to be
the actual alcohol or drug concentration in the person’s blood, breath or urine without regard to any margin of error or tolerance factor
inherent in such tests.
(1) Evidence obtained through a preliminary screening test of a person’s breath in order to estimate the alcohol concentration of the
person at the scene of a stop or other initial encounter between a law-enforcement officer and the person shall be admissible in any
proceeding to determine whether probable cause existed to believe that a violation of this Code has occurred. However, such evidence
may only be admissible in proceedings for the determination of guilt when evidence or argument by the defendant is admitted or made
relating to the alcohol concentration of the person at the time of driving.
(2) Nothing in this section shall preclude conviction of an offense defined in this Code based solely on admissible evidence other
than the results of a chemical test of a person’s blood, breath or urine to determine the concentration or presence of alcohol or drugs.
(3) A jury shall be instructed by the court in accordance with the applicable provisions of this subsection in any proceeding pursuant
to this Code in which an issue is whether a person was driving a vehicle while under the influence of alcohol or drugs or a combination
of both.
(h) (1) For the purpose of introducing evidence of a person’s alcohol concentration or the presence or concentration of any drug pursuant
to this section, a report signed by the Forensic Toxicologist, Forensic Chemist or State Police Forensic Analytical Chemist who performed
the test or tests as to its nature is prima facie evidence, without the necessity of the Forensic Toxicologist, Forensic Chemist or State
Police Forensic Analytical Chemist personally appearing in court:
a. That the blood delivered was properly tested under procedures approved by the Division of Forensic Science, or the Delaware
State Police Crime Laboratory;
b. That those procedures are legally reliable;
c. That the blood was delivered by the officer or persons stated in the report; and,
d. That the blood contained the alcohol, drugs or both therein stated.
(2) Any report introduced under paragraph (h)(1) of this section must:
a. Identify the Forensic Toxicologist, Forensic Chemist or State Police Forensic Analytical Chemist as an individual certified
by the Division of Forensic Science, the Delaware State Police Crime Laboratory or any county or municipal police department
employing scientific analysis of blood, as qualified under standards approved by the Division of Forensic Science, or the Delaware
State Police Crime Laboratory to analyze the blood;
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b. State that the person made an analysis of the blood under the procedures approved by the Division of Forensic Science or the
Delaware State Police Crime Laboratory; and,
c. State that the blood, in that person’s opinion, contains the resulting alcohol concentration or the presence or concentration of
any drug within the meaning of this section.
Nothing in this subsection precludes the right of any party to introduce any evidence supporting or contradicting the evidence
contained in the report entered pursuant to paragraphs (h)(1) and (2) of this section.
(3) For purposes of establishing the chain of physical custody or control of evidence defined in this section which is necessary to
admit such evidence in any proceeding, a statement signed by each successive person in the chain of custody that the person delivered it
to the other person indicated on or about the date stated is prima facie evidence that the person had custody and made the delivery stated,
without the necessity of a personal appearance in court by the person signing the statement, in accordance with the same procedures
outlined in § 4331(3) of Title 10.
(4) In a criminal proceeding, the prosecution shall, upon written demand of a defendant filed in the proceedings at least 15 days
prior to the trial, require the presence of the Forensic Toxicologist, Forensic Chemist, State Police Forensic Analytical Chemist, or
any person necessary to establish the chain of custody as a witness in the proceeding. The chain of custody or control of evidence
defined in this section is established when there is evidence sufficient to eliminate any reasonable probability that such evidence has
been tampered with, altered or misidentified.
(i) In addition to any other powers of arrest, any law-enforcement officer is hereby authorized to arrest without a warrant any person
who the officer has probable cause to believe has violated the provisions of this section, regardless of whether the alleged violation was
committed in the presence of such officer. 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 section 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 driving
of a vehicle if there is reason to believe the person has fled the scene of an accident in which that person was involved, and provided there
is probable cause to believe that the violation of this section occurred within the officer’s jurisdiction.
(j) Any court in which a conviction of or guilty plea to a driving under the influence offense shall include the blood alcohol concentration
of the defendant (if any is on record) when forwarding notice of said conviction or guilty plea to the Division of Motor Vehicles.
(21 Del. C. 1953, § 4176; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 71, §§ 1-3; 57 Del. Laws, c. 526, §§ 1, 2; 57 Del. Laws, c.
613, § 1; 57 Del. Laws, c. 670, § 13B; 58 Del. Laws, c. 80, § 3; 59 Del. Laws, c. 46, §§ 1, 2; 60 Del. Laws, c. 701, §§ 48, 49;
60 Del. Laws, c. 702, § 2; 61 Del. Laws, c. 474, § 2; 64 Del. Laws, c. 13, § 13; 67 Del. Laws, c. 437, §§ 1, 2; 68 Del. Laws, c.
9, § 32; 68 Del. Laws, c. 125, § 1; 69 Del. Laws, c. 325, §§ 2, 3; 70 Del. Laws, c. 26, §§ 1-8; 70 Del. Laws, c. 34, § 1; 70 Del.
Laws, c. 62, §§ 1-8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 265, § 2; 70 Del. Laws, c. 474, § 1; 70 Del. Laws, c. 553, § 2; 71
Del. Laws, c. 209, §§ 1, 2; 71 Del. Laws, c. 222, §§ 2, 3; 72 Del. Laws, c. 36, §§ 1-3, 5, 6; 73 Del. Laws, c. 352, §§ 1, 11; 73 Del.
Laws, c. 432, § 4; 74 Del. Laws, c. 182, §§ 1-3; 74 Del. Laws, c. 285, § 4; 74 Del. Laws, c. 333, §§ 1, 2; 75 Del. Laws, c. 315, §§
1-5; 75 Del. Laws, c. 397, § 15; 77 Del. Laws, c. 162, §§ 1-6; 78 Del. Laws, c. 167, §§ 1-18; 78 Del. Laws, c. 349, § 1; 79 Del.
Laws, c. 265, § 16; 79 Del. Laws, c. 378, §§ 3, 5; 79 Del. Laws, c. 396, § 2; 80 Del. Laws, c. 75, § 2; 80 Del. Laws, c. 120, § 1;
80 Del. Laws, c. 136, § 1; 80 Del. Laws, c. 168, § 1; 80 Del. Laws, c. 289, § 1; 81 Del. Laws, c. 51, § 1; 82 Del. Laws, c. 93, § 1; 83
Del. Laws, c. 17, § 1.)
§ 4177A. Revocation of license for violation of §4177 of this title.
(a) The Secretary shall forthwith revoke the driver’s license or driving privileges of a person convicted of a violation of § 4177 of this
title or any offense under the laws of any state or of the United States or local jurisdiction or the District of Columbia which prohibits
driving under the influence of alcohol or drugs. The Secretary shall revoke the person’s driver’s license or driving privileges for 1 of
the following periods, as applicable:
(1) First offense. —
12 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must
be 18 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation
period must be 24 months.
(2) Second offense. —
18 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must
be 24 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation
period must be 30 months.
(3) Third offense. —
24 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must
be 30 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation
period must be 36 months.
(4) Fourth or further subsequent offenses. —
60 months regardless of the person’s blood alcohol concentration.
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(b) (1) The Secretary shall reinstate the driver’s license or driving privileges of a person sentenced under § 4177(d) of this title if the
person does 1 of the following:
a. Completes the requirements for reinstatement under § 4177C(d) of this title.
b. Completes the requirements for reinstatement under the Court of Common Pleas Driving Under the Influence Treatment
Program under § 4177C(g) of this title.
(2) The Secretary shall reinstate the driver’s license or driving privileges of a person sentenced under § 4177(d) of this title who
is not eligible for the IID Program under § 4177G of this title, or who did not apply to obtain an IID license or participate in the IID
Program under §§ 4177C and 4177G of this title and whose license revocation period under this section has elapsed, if the person
does all of the following:
a. Pays all fees under the schedule adopted by the Secretary.
b. Satisfactorily completes a course or program established under § 4177D of this title.
c. Does not operate a vehicle during the person’s revocation period.
(c) (1) Notwithstanding the requirement in subsection (b) of this section that the Secretary reinstate the driver’s license or driving
privileges of a person sentenced under § 4177(d) of this title if the person complies with the requirements for reinstatement, the Secretary
may refuse to reinstate the person’s driver’s license or driving privileges if the Secretary finds that the person has not been of good
behavior for the entire period of the revocation.
(2) The Secretary must provide the person, in writing, with the basis for the finding and the conditions to be met to reinstate the
person’s driver’s license or driving privileges.
(3) If the Secretary refuses to reinstate the person’s driver’s license or driving privileges under this subsection after the person’s
revocation period has ended and the person has paid all fines or fees, the person may appeal the Secretary’s decision to the Superior
Court for the county in which the person resides.
(61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, §§ 13, 14; 64 Del. Laws, c. 13, §§ 14, 15; 69 Del. Laws, c. 125, § 2; 69 Del.
Laws, c. 190, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 352, § 2; 73 Del. Laws, c. 432, § 1; 75 Del. Laws, c. 397, §§ 1-3,
16-18; 78 Del. Laws, c. 167, § 20; 79 Del. Laws, c. 378, § 2; 79 Del. Laws, c. 396, § 2; 82 Del. Laws, c. 235, § 1.)
§ 4177B. First offenders; election in lieu of trial.
(a) (1) A person qualifies for the first offenders election under this section if the person meets all of the following:
a. Has never had a previous or prior conviction or offense as defined in paragraph (e)(1) of this section.
b. Had not accumulated 3 or more moving violations within 2 years of the date of the offense in question on the person’s driving
record according to the records of the Division of Motor Vehicles of the person’s state of residence.
c. Was not, with respect to the offense in question, involved in an accident resulting in injury to any person other than the person’s
own self.
d. Did not have an alleged blood alcohol concentration of .15 or more at the time of driving or within 4 hours of driving.
e. Was not driving without a valid license or under a suspended or revoked license at the time of the offense in question.
f. Is not subject to the enhanced penalties of § 4177(d)(10) of this title for carrying a child on or within that person’s vehicle
while driving under the influence.
(2) If a person applies and qualifies for the first offenders election under this section, all of the following apply:
a. The court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and shall
place the accused on probation upon terms and conditions, including enrollment in a course of instruction or program of rehabilitation
established under § 4177D of this title.
b. The application constitutes a waiver of the right to speedy trial.
c. The application and acceptance of the first offenders election constitutes agreement to pay the costs of prosecution for the case.
The court shall assess such costs and impose them as a condition of probation. For the purposes of this section, costs of prosecution
are $250 and any additional costs as established by the appropriate court schedules.
d. The application constitutes a waiver of the right to an administrative hearing under § 2742 of this title and acts to withdraw
any request previously made for such a hearing.
(3) If a person elects not to apply for the first offender election under this section, or is not qualified, the court shall promptly arraign
the person for a violation of § 4177 of this title.
(b) If a person is alleged to have violated a term or condition of probation, including failure to appear for evaluation at an assigned
evaluating agency, the court shall hold a hearing to determine if a term or condition has been violated and, if so, shall enter an adjudication
of guilt and proceed as otherwise provided under § 4177 of this title.
(1) The court shall provide notice of the hearing required under this section and the alleged violation of a term or condition of
probation to the person.
(2) If the person fails to appear for the hearing required under this section, the court may proceed with the hearing.
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(c) (1) If a person fulfills the terms and conditions of probation, including satisfactory completion of the course of instruction or program
of rehabilitation, and payment of all fees, the court shall do both of the following:
a. Discharge the person and the proceedings against the person.
b. Submit to the Division of Motor Vehicles a written report specifying the name of the person and the nature of the proceedings
against the person.
(2) The Division of Motor Vehicles shall retain the report issued under paragraph (c)(1)b. of this section for further proceedings,
if required.
(d) The Secretary shall forthwith revoke the driver’s license or driving privileges of a person who applies for the first offender election
under subsection (a) of this section for a period of 1 year.
(1) If the person qualifies for and accepts the first offender election, the revocation period is for 1 year from the date of the initial
revocation.
(2) If the person does not qualify for, or is not accepted into, the first offender election, or if the person is found by the court to
be in violation of a term or condition of probation, the revocation period under this section continues until sentence is imposed. This
revocation period is not concurrent with or part of any other revocation period established under this subchapter and is effective as of
the date of sentencing for a period of 1 year.
(e) (1) Prior or previous conviction or offense. —
For purposes of §§ 2742 and 4177 of this title and this section, § 4215A of Title 11 does not apply. Instead, all of the following
constitute a prior or previous conviction or offense:
a. A conviction or other adjudication of guilt or delinquency under § 4175(b) or § 4177 of this title or a similar statute of any state
or local jurisdiction, any federal or military reservation, or the District of Columbia.
b. A conviction or other adjudication of guilt or delinquency under a criminal statute encompassing death or injury caused to
another person by the person’s driving where driving under the influence or with a prohibited blood alcohol concentration or an
illicit or recreational drug content was an element of the offense, whether such conviction was under this Code or the law of any
state or local jurisdiction, any federal or military reservation, or the District of Columbia.
c. Participation in a course of instruction or program of rehabilitation or education under § 4175(b) or § 4177 of this title, this
section, or a similar statute of any state or local jurisdiction, any federal or military reservation, or the District of Columbia, regardless
of the existence or validity of any accompanying attendant plea or adjudication of guilt.
d. A conditional adjudication of guilt, court order, or agreement sanctioned by a court requiring or permitting a person to apply
for, enroll in, or otherwise accept first offender treatment or any other diversionary program under this section or a similar statute of
any state or local jurisdiction, any federal or military reservation, or the District of Columbia.
(2) Time limitations. —
For the purpose of determining the applicability of enhanced penalties under § 4177 of this title, the time limitations on use of prior
or previous convictions or offenses under this subsection are as follows:
a. For sentencing under § 4177(d)(2) of this title, the second offense must have occurred within 10 years of a prior or previous
offense.
b. For sentencing under § 4177(d)(3), (d)(4), (d)(5), (d)(6), (d)(7), (d)(8), or (d)(9) of this title, there is not a time limitation and
all prior or previous convictions or offenses as defined in paragraph (e)(1) of this section must be considered for sentencing.
c. For any subsection that does not have a time limitation prescribed, all prior or previous convictions or offenses as defined in
paragraph (e)(1) of this section must be considered.
(3) Computation of time limitations. —
For the purpose of computing the periods of time under § 2742 or § 4177 of this title or this section, the period runs from the date of
the commission of the prior or previous offense to the date of the commission of the charged offense. However, in any case in which
the prior or previous offense is defined in paragraph (e)(1)c. or d. of this section, the date of the driving incident which caused the
adjudication or program participation is the date of the prior or previous offense.
(4) Separate and distinct offenses. —
For the purpose of determining the applicability of enhanced penalties under § 4177 of this title, prior or previous convictions or
offenses used to determine eligibility for such enhanced penalties must be separate and distinct offenses; that is, each must be successive
to the other with some period of time having elapsed between sentencing or adjudication for an earlier offense or conviction and the
commission of the offense resulting in a subsequent conviction.
(5) Challenges to use of prior offenses. —
In any proceeding under § 2742 or § 4177 of this title or this section, 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 specific nature of the challenge in the present proceeding to the prosecution at least 20 days before trial.
(f) (1) The Attorney General may move the sentencing court to apply this section to a person who would otherwise be disqualified from
consideration under this section because of the applicability of any of the following:
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a. Paragraph (a)(1)a. of this section, if any prior or previous offense as defined in subsection (e) of this section is not within 10
years of the offense for which the person is being sentenced.
b. Paragraphs (a)(1)b., (a)(1)c., (a)(1)d., (a)(1)e., and (a)(1)f. of this section.
c. [Repealed.]
(2) If the Attorney General makes a motion under paragraph (f)(1) of this section, the court may apply the terms of this section
to the person.
(g) [Repealed.]
(61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, § 15; 64 Del. Laws, c. 13, § 16; 69 Del. Laws, c. 134, § 1; 70 Del. Laws, c. 26,
§§ 9, 10; 70 Del. Laws, c. 34, §§ 2, 3; 70 Del. Laws, c. 62, §§ 9, 10; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 209, §§ 3-5; 72
Del. Laws, c. 92, §§ 1, 2; 74 Del. Laws, c. 182, § 4; 74 Del. Laws, c. 333, § 3; 74 Del. Laws, c. 345, § 8; 75 Del. Laws, c. 397, §
4; 77 Del. Laws, c. 160, §§ 1, 2; 77 Del. Laws, c. 162, § 7; 78 Del. Laws, c. 167, §§ 21-27; 79 Del. Laws, c. 396, § 2; 82 Del.
Laws, c. 235, § 2.)
§ 4177C. Ignition interlock licenses; reinstatement of license.
(a) A person who enters a first offender election under § 4177B of this title is immediately eligible to apply for an ignition interlock
device (IID) license under § 4177G(f) of this title if all of the following apply:
(1) All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license.
(2) The person has an IID installed on each vehicle the person will, or does, operate during the period under paragraph (d)(4) of this
section, regardless of whether the vehicle is owned by the person.
(b) A person who, as a first offender, is sentenced under § 4177(d) of this title, and is enrolled in a course of instruction or program of
rehabilitation under § 4177D of this title is eligible to apply for an IID license under § 4177G(f) of this title if all of the following apply:
(1) The following time period has elapsed since the effective date of the person’s revocation period:
a. At least 30 days, if the person’s blood alcohol concentration was below .15.
b. At least 45 days, if the person’s blood alcohol concentration was .15 or greater.
(2) All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license.
(3) The person has an IID installed on each vehicle the person will, or does, operate during the period under paragraph (d)(4) of this
section, regardless of whether the vehicle is owned by the person.
(c) A person who, as a second or subsequent offender, is sentenced under § 4177(d) of this title is eligible to apply for an IID license
under § 4177G(f) of this title if all of the following apply:
(1) The following time period has elapsed since the effective date of the person’s revocation period:
a. At least 60 days, for a person sentenced as a second offender under § 4177(d) of this title.
b. At least 90 days, for a person sentenced as a third offender under § 4177(d) of this title.
c. At least 6 months, for a person sentenced as a fourth or subsequent offender under § 4177(d) of this title.
(2) The person is enrolled in or has satisfactorily completed a course of instruction or program of rehabilitation under § 4177D of
this title.
(3) All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license.
(4) The person has an IID installed on each vehicle the person will, or does, operate during the period under paragraph (d)(4) of this
section, regardless of whether the vehicle is owned by the person.
(d) Reinstatement of license. —
Notwithstanding §§ 4177A(a) and 4177B(d) of this title, the Secretary shall reinstate the driver’s license or driving privileges of a
person who has done all of the following:
(1) Paid all fees under the schedule adopted by the Secretary.
(2) Satisfactorily completed a course or program established under § 4177D of this title.
(3) Satisfactorily completed the IID program under § 4177G of this title or, if disqualified from the program under § 4177G(f)(4) of
this title, did both of the following during the entire balance of the person’s revocation period plus any extensions under § 4177G(f)
(3) of this title:
a. Not operate a vehicle.
b. Kept an IID on each vehicle on which it was installed on the date of disqualification from the IID program.
(4) Meets 1 of the following:
a. For a person who enters a first offenders election under § 4177B of this title, at least 4 months have elapsed since the IID was
installed on each vehicle as required under paragraph (a)(2) of this section and the IID license was issued.
b. For a person sentenced for a first offense under § 4177 of this title, whose blood alcohol concentration was below .15, at least
12 months have elapsed since the IID was installed on each vehicle as required under paragraph (b)(3) of this section and the IID
license was issued.
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c. For a person sentenced for a first offense under § 4177 of this title, whose blood alcohol concentration was .15 or greater, but
less than .20, at least 17 months have elapsed since the IID was installed on each vehicle as required under paragraph (b)(3) of this
section and the IID license was issued.
d. For a person sentenced for a first offense under § 4177 of this title, whose blood alcohol concentration was .20 or greater, at
least 23 months have elapsed since the IID was installed on each vehicle as required under paragraph (b)(3) of this section and the
IID license was issued.
e. For a person sentenced for a second offense under § 4177 of this title, whose blood alcohol concentration was below .15, at
least 16 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the
IID license was issued.
f. For a person sentenced for a second offense under § 4177 of this title, whose blood alcohol concentration was .15 or greater,
but less than .20, at least 22 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of
this section and the IID license was issued.
g. For a person sentenced for a second offense under § 4177 of this title, whose blood alcohol concentration was .20 or greater,
at least 28 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and
the IID license was issued.
h. For a person sentenced for a third offense under § 4177 of this title, whose blood alcohol concentration was below .15, at least
21 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID
license was issued.
i. For a person sentenced for a third offense under § 4177 of this title, whose blood alcohol concentration was .15 or greater, but
less than .20, at least 27 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this
section and the IID license was issued.
j. For a person sentenced for a third offense under § 4177 of this title, whose blood alcohol concentration was .20 or greater, at
least 33 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the
IID license was issued.
k. For a person sentenced for a fourth or further subsequent offense under § 4177 of this title, at least 54 months have elapsed
since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued.
(e) Notwithstanding any other provision to the contrary, a person whose blood alcohol concentration is less than .08, and does not
otherwise have an illicit or recreational drug content in the person’s blood, must be granted a conditional license immediately upon
application, if otherwise eligible, and may not be required to complete a course of instruction established under § 4177D of this title
before the issuance of the conditional license if the person meets any of the following:
(1) Is convicted of a first offense under § 4177 of this title.
(2) Makes a first offenders election under § 4177B of this title.
(3) Has a license revoked for a first offense under Chapter 27 of this title, where it is not established that the person was under the
influence of any other intoxicating or impairing substance or with an illicit or recreational drug content in the person’s blood.
(f) (1) Notwithstanding any other provision to the contrary, a person charged with a driving under the influence offense who has been
permitted to participate in the Court of Common Pleas Driving Under the Influence Treatment Program (Treatment Program), and is
enrolled in a program of education or rehabilitation treatment under § 4177(f) or § 4177D of this title supervised by that Court, is eligible
to have an IID license in accordance with this subsection.
(2) Notwithstanding paragraph (f)(1) of this section, a person may enter the Treatment Program without seeking an IID license.
(3) If a person chooses to obtain an IID license, or has any registered vehicles, the person must install an IID on each vehicle
registered in that person’s name.
(4) Notwithstanding paragraph (f)(3) of this section, a person must install an IID on a vehicle owned by another person, with the
permission of that person, if there are no vehicles registered in the person’s name.
(5) An IID must be immediately installed on eligible vehicles following the effective date of a person’s entry into the Treatment
Program. The IID must remain installed on the vehicles for a minimum period of 12 months from the effective date of revocation or
longer if the Court directs.
(6) A person in the Treatment Program is eligible to apply for an IID license under § 4177G(f) of this title if all of the following apply:
a. At least 30 days have elapsed since the effective date of the revocation.
b. All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license.
c. The person is not in violation of any terms of the Treatment Program.
(g) Notwithstanding §§ 4177A(a) and 4177B(d) of this title, the Secretary shall reinstate the driver’s license or driving privileges of a
person who has successfully completed and graduated from the Court of Common Pleas Driving Under the Influence Treatment Program
and has done all of the following:
(1) Paid all fees under the schedule adopted by the Secretary.
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(2) Paid all court fines, costs, and fees.
(3) Had at least 9 months elapse since 1 of the following occurred:
a. The IID was installed on a vehicle as required under this subsection and the IID license was issued.
b. The person’s driving privileges were revoked if the person did not seek an IID license.
(61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, §§ 16, 17; 64 Del. Laws, c. 13, §§ 17, 18; 70 Del. Laws, c. 186, § 1; 72 Del.
Laws, c. 92, § 4; 73 Del. Laws, c. 352, §§ 3-5; 74 Del. Laws, c. 333, § 6; 75 Del. Laws, c. 397, §§ 5, 6; 77 Del. Laws, c. 160, §§
3-6; 78 Del. Laws, c. 167, § 28; 79 Del. Laws, c. 378, § 1; 79 Del. Laws, c. 396, § 2; 80 Del. Laws, c. 75, § 1; 82 Del. Laws, c.
235, § 3.)
§ 4177D. Courses of instruction; rehabilitation programs.
The Secretary of the Department of Health and Social Services, through the Division of Substance Abuse and Mental Health, shall
establish courses of instruction and programs of rehabilitation for persons whose drivers’ licenses have been revoked for driving a vehicle
while under the influence of alcohol or any drug, or both. The Secretary of the Department of Health and Social Services shall administer
such courses and programs and adopt rules and regulations for such courses and programs. The Secretary of the Department of Health and
Social Services shall establish a schedule of fees for enrollment in such courses and programs. The schedule of fees may not exceed the
maximum fine imposed for an offense under § 4177 of this title. A person’s successful completion of the Court of Common Pleas Driving
Under the Influence Treatment Program is equivalent to a course of instruction or program of rehabilitation approved under this section.
(61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, § 18; 64 Del. Laws, c. 13, § 19; 74 Del. Laws, c. 110, § 87; 79 Del. Laws, c. 378,
§ 4; 81 Del. Laws, c. 331, § 1.)
§ 4177E. Issuance of conditional license upon revocation of driver’s license [Repealed].
(63 Del. Laws, c. 56, § 1; 68 Del. Laws, c. 9, § 33; 70 Del. Laws, c. 553, § 3; 77 Del. Laws, c. 60, § 14; repealed by 79 Del. Laws,
c. 396, § 2.)
§ 4177F. Ignition Interlock Device Program [Repealed].
(67 Del. Laws, c. 437, § 4; 68 Del. Laws, c. 125, §§ 2-5; 70 Del. Laws, c. 553, § 1; 72 Del. Laws, c. 92, §§ 5-12, 14; 73 Del. Laws,
c. 352, §§ 6-8; 74 Del. Laws, c. 110, § 88; 75 Del. Laws, c. 397, §§ 7, 11; repealed by 79 Del. Laws, c. 396 § 2.)
§ 4177G. Ignition Interlock Device Program.
(a) Participation. —
An offender must participate in the Ignition Interlock Device Program as provided under this section.
(b) Definitions. —
For the purpose of this section:
(1) “Ignition interlock device” (IID) means ignition equipment approved by the Director of the Division of Motor Vehicles under
this section, designed to prevent a vehicle from being operated by a person who has consumed alcoholic beverages.
(2) “Lockout” means any time an offender attempts to use a vehicle equipped with an IID and any percentage of alcoholic beverages
is measured by the IID.
(3) “Offender” means a person who has accepted a first offender election under § 4177B of this title or been convicted of violating
§ 4177 of this