Rules of the Road

Del. Code tit. 21, ch. 41

in effect

Del. Code tit. 21, § 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 $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 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 right-of-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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4103 Obedience to authorized persons directing traffic.

(a) (1) No person shall wilfully fail or refuse to comply with any lawful order or direction of any of the following, who are invested by law with authority to direct, control, or regulate vehicle and pedestrian traffic: a. A police officer. b. An authorized flagperson. c. A fire police officer. d. A uniformed adult school crossing guard. e. A commissioned constable. (2) This subsection does 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4105 Persons and vehicles working on highways and utilities; exceptions.

(a) Unless specifically made applicable, the provisions of this title, except those contained in subchapter IX of this chapter, shall not apply to persons, motor vehicles and other equipment while actually engaged in work upon a highway or in work upon utility facilities along a highway, so long as proper traffic-control devices are posted, but shall apply to such persons and vehicles when traveling to or from such work. (b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by traffic-control devices. (c) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of the Secretary of Public Safety. (d) Traffic-control devices shall be used as required in the standards adopted under § 147 of Title 17. Failure to comply with this section shall be cause for immediate cessation of operations in the affected area and the immediate reopening of the highway in a safe manner. (e) Failure to comply with the lawful order to effect immediate cessation of operations and the reopening of the highway shall subject the violator to a fine of not less than $115 nor more than $575. (f) (1) The driver of a vehicle who violates any of the following sections of this title shall be fined not less than double the enumerated amount for a first offense when the violation occurs within any highway construction or maintenance area indicated by traffic-control devices: a. Section 4102 of this title relating to obedience to traffic laws; b. Section 4103 of this title relating to obedience to authorized persons directing traffic; c. Section 4107 of this title relating to obedience to traffic-control devices; d. Section 4110 of this title relating to flashing signals; e. Section 4114 of this title relating to driving on the right side of roadway; f. Section 4115 of this title relating to passing vehicles proceeding in opposite directions; g. Section 4116 of this title relating to overtaking a vehicle on left; h. Section 4117 of this title relating to when overtaking on the right is permitted; i. Section 4118 of this title relating to limitations on overtaking on the left; j. Section 4119 of this title relating to further limitations on driving to the left of center of roadway; k. Section 4120 of this title relating to no-passing zones; l. Section 4122 of this title relating to driving on roadways laned for traffic; m. Section 4123 of this title relating to following too closely; n. Section 4164 of this title relating to stop signs and yield signs; o. Section 4168 of this title relating to general speed restrictions; p. Section 4169 of this title relating to specific speed limits; q. Section 4175 of this title relating to reckless driving; r. Section 4176 of this title relating to careless or inattentive driving; s. Section 4177 of this title relating to operation of vehicle while under the influence of alcohol and/or drugs; t. Section 4178 of this title relating to stopping, standing or parking; and u. Section 4184 of this title relating to limitations on backing. (2) As used in this subsection, the phrase “within any highway construction or maintenance area indicated by traffic-control devices” shall mean that area between the first traffic-control device informing road users of their approach toward a work zone area until the last traffic-control device indicating all restrictions are removed and normal vehicle operations can resume. The phrase shall also include detour routes for highway construction or maintenance marked by traffic-control devices. “Traffic-control devices” and “work zone” shall have the same meaning as adopted pursuant to § 147 of Title 17, as amended. “Highway construction and maintenance area” shall also include construction and maintenance for utilities or railroads within or adjacent to the highway rights-of-way. (3) Whenever practical, signs designed in compliance with regulations of the Department shall be appropriately placed to notify motorists that increased penalties apply for moving violations in construction or maintenance areas. However, the failure to post or an improper posting of such signs shall not be a defense to a violation of this section.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4107 Obedience to and required traffic-control devices.

(a) The driver of any vehicle shall obey the instructions of any traffic-control device applicable thereto placed in accordance with this title, unless otherwise directed as authorized in § 4103 of this title, subject to the exceptions granted the driver of an authorized emergency vehicle in this title. (b) No provision of this chapter for which traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official traffic-control device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. This subsection shall not operate to relieve a driver of the duty to operate a vehicle with due regard to the safety of all persons using the highway. (c) Whenever a particular section does not state that traffic-control devices are required, such section shall be effective even though no traffic-control devices are erected or in place. (d) In the event a traffic-control signal is erected and maintained at a place other than an intersection, this title shall be applicable except as to those provisions which by their nature can have no application. (e) Whenever traffic-control devices are placed in position approximately conforming to the requirements of this title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (f) Any traffic-control device placed pursuant to this title and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this title, unless the contrary shall be established by competent evidence.

Del. Code tit. 21, § 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: 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4111 Display of unauthorized signs, signals or markings.

(a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. (b) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising, and no person shall attach to any traffic sign or signal any other sign containing commercial advertising. (c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs, in compliance with § 1108 of Title 17. (d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4114 Driving on right side of roadway; exceptions.

(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard; (3) Upon a roadway divided into 3 marked lanes for traffic under the rules applicable thereon; or (4) Upon a roadway designated and signposted for one-way traffic. (b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (c) Upon any roadway having 4 or more lanes for moving traffic and providing for 2-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by signs or markings designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under this section. This subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road, driveway or highway.

Del. Code tit. 21, § 4114A Lane travel restrictions on certain roadways.

(a) This section applies only to vehicles traveling on the portions of State Route 1 and Interstate 495 that are any of the following: (1) An “express highway,” as defined in § 101 of Title 17. (2) A “controlled-access facility,” as defined in § 172 of Title 17. (b) A vehicle may not travel in the left lane, except in any of the following circumstances: (1) When no other vehicle is traveling in the same lane less than 100 feet behind the vehicle. (2) When overtaking and passing another vehicle proceeding in the same direction under the rules governing overtaking and passing another vehicle. (3) When necessary to enter, leave, or continue on the roadway. (4) When necessary due to an obstruction. (5) When necessary in response to emergency conditions. (6) When necessary due to traffic conditions or congestion. (7) To comply with other law or regulation. (c) A vehicle with a gross vehicle weight rating of more than 26,000 pounds may only travel in the right-hand lane, except as provided in paragraphs (b)(2) through (b)(7) of this section. (d) An operator who refuses, fails, or neglects to comply with this section is subject to a civil penalty as follows: (1) For a first occurrence, a civil penalty of not less than $25 nor more than $75. (2) For a subsequent occurrence, a civil penalty of not less than $57.50 nor more than $95.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4117 When overtaking on the right is permitted.

(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under conditions permitting such movement in safety. In no event, except as permitted in subsection (c) and (d) of this section, shall such movement be made by driving off the roadway, main traveled portion, or regular moving traffic lane of the highway. (b) Overtaking and passing on the right, except as permitted herein, shall be unlawful: (1) When the vehicle overtaken is making or about to make a left turn; (2) Upon any roadway which is officially marked for more than 1 traffic lane in 1 direction; (3) Upon any roadway on which traffic is restricted to 1 direction of movement and the roadway is of sufficient width for 2 or more lanes of moving vehicles. (c) When the vehicle overtaken is making or about to make a left turn, the vehicle approaching from the rear may pass on the right using the shoulder if necessary. (d) When the overtaking vehicle is a Delaware Department of Transportation authorized vehicle or an emergency vehicle, as defined in § 4106(e) of this title, responding to an emergency, the overtaking vehicle may pass on the right using the shoulder if necessary.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 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. (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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4126 Unlawful use of controlled-access highways; penalties.

(a) On any state highway designated by the Department of Transportation as a “controlled-access highway,” no person shall: (1) Drive a vehicle over, upon or across any curb, central dividing section or other separation or dividing line; (2) Make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation or line; (3) Drive any vehicle except in the proper lane provided for that purpose in the proper direction in said lane; (4) Drive any vehicle from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled-access facility proper; (5) Drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established; (6) Back a vehicle upon any shoulder or roadway; (7) Operate or drive a bicycle, except where appropriately marked by the Department of Transportation; (8) Operate or drive any nonmotorized vehicle or wagon; (9) Lead or participate in a parade; (10) Lead or participate in a convoy or procession, either walking or riding, except a riding funeral procession which proceeds at the prevailing rate of speed and which does not prevent or interfere with the entrance into or exit off of the controlled access highway by others; (11) Walk as a pedestrian except to contact aid in the event of an accident, breakdown or other emergency; (12) Operate a vehicle of any type or kind prohibited by traffic-control devices at the entrances; (13) Disobey the restriction stated on any traffic-control device erected at the entrances. (b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $25 nor more than $75. For each subsequent like offense, the person shall be fined not less than $50 nor more than $95. Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this section.

Del. Code tit. 21, § 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 self-addressed envelope with postage affixed thereon. (g) If any vehicle is witnessed by a police officer, toll collector or video surveillance device, to be in violation of subsection (b) of this section, and the identity of the operator is not 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.

Del. Code tit. 21, § 4128 Delaware Memorial Bridge; toll evasion; payment of minimum fine before trial.

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

Del. Code tit. 21, § 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 up to $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 sixty-first day following the date the violation is transmitted, 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. (3) Any vehicle remaining immobilized and not released for 48 hours may be towed and impounded at the direction of a police officer.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4132 Vehicle turning left.

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4134 Operation of vehicles on approach of authorized emergency vehicles; stationary 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) (1) For purposes of this subsection, “stationary vehicle giving a warning signal” means any of the following: a. 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. b. A stationary authorized vehicle of the Department of Transportation, which is giving a signal by displaying alternately flashing amber or red and amber lights. c. A stationary tow truck, which is giving a signal by displaying alternately flashing amber, white, or amber and white lights. d. 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. e. A stationary vehicle displaying warning signals, including vehicle hazard warning lights, road flares, traffic cones, caution signs, or any nonvehicular warning signs. (2) A person driving a vehicle who is approaching a stationary vehicle giving a warning signal shall do 1 of the following: a. 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 described in 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. b. Proceed with caution and reduce the speed of the vehicle to a safe speed at least 20 miles per hour less than the posted speed limit, if the speed limit is 50 miles per hour or above, 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 up to $250, or community service equivalent in value to the fine, to be calculated utilizing the Delaware minimum wage. (2) For a second offense, a fine of up to $500, or community service equivalent in value to the fine, to be calculated utilizing the Delaware minimum wage. (3) For any subsequent offenses, up to $1,000, or community service equivalent in value to the fine, to be calculated utilizing the Delaware minimum wage.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4136 Driving upon sidewalk or bicycle path by vehicles and bicycles.

(a) No person shall drive any motor vehicle upon a sidewalk or bicycle path or sidewalk area or bicycle path area except upon a permanent or duly authorized temporary driveway. (b) A person riding a bicycle upon a sidewalk or bicycle path lawfully used by pedestrians shall give audible signal before overtaking and passing such pedestrian. (c) A person shall not ride a bicycle upon a sidewalk in a business district, when use of a sidewalk is prohibited by official traffic-control devices or when a usable bicycle-only lane has been provided adjacent to the sidewalk.

Del. Code tit. 21, § 4137 Electronic traffic monitoring for vehicle obstructions system.

(a) This section establishes the authority for the State and municipalities in the State to use an electronic traffic monitoring for vehicle obstructions system to assist in the enforcement of right-of-way pursuant to §§ 4130 and 4179(c) of this title. This section does not establish a new violation. (b) Definitions. — As used in this section: (1) “Electronic traffic monitoring for vehicle obstructions system” means a device with 1 or more motor vehicle sensors that is capable of producing a recorded image of a motor vehicle whose position within an intersection violates right-of-way regulations. (2) “Electronic traffic monitoring for vehicle obstructions system operator” means an individual who has been trained and certified to operate an electronic traffic monitoring for vehicle obstructions system. (3) “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 section, shall mean the person shown on the records to be the lessee of such vehicle. “Owner” does not include vehicle rental companies. (4) “Recorded image” means an image recorded by an electronic traffic monitoring for vehicle obstructions system and includes any of the following: a. A photograph. b. A microphotograph. c. A digital image. d. A video. e. Any other medium used to store images or sounds to be seen or heard later. (c) This section does not apply to an authorized emergency vehicle operating in compliance with § 4106 of this title. (d) (1) An electronic traffic monitoring for vehicle obstructions system may be installed or used to record images of a motor vehicle traveling through an intersection within the State. (2) An electronic traffic monitoring for vehicle obstructions system may be installed or used to record images of a motor vehicle traveling on roadways with a principal arterial or other arterial functional classification as defined by the Department of Transportation, under all of the following conditions: a. A study approved by the Department of Transportation showing that intersection blockages are frequent is required for an intersection to be eligible under this chapter. The intersection will remain eligible for up to 1 year after the acceptance of the study by the Department of Transportation. b. Prior to the implementation of the system at a specific location, all of the following is required: 1. Within a municipality, the municipality must approve the intersection eligible for monitoring under this chapter, consistent with this chapter. 2. The Department of Transportation and applicable police agency must provide notice on a publicly accessible website of the intended use of the system at least 14 days prior to implementation. (e) A vendor shall be selected through an open competitive procurement process to administer the system. To assure integrity and propriety, a person involved in the administration or enforcement of the vehicle obstructing traffic monitoring system may not own any direct interest or equity in the vendor used. (f) Funding; revenue. — (1) The Department of Transportation may initiate tasks with the selected vendor utilizing eligible funding sources. No separate funding is allocated through this section. (2) Revenue generated through the use of the system may be used to pay eligible costs to the vendor, staff required to implement this section, and consultant fees for administration of the programs. (3) Any revenue collected above and beyond those required for the operation of the program as noted above may only be used for education, enforcement, or engineering purposes, related to transportation safety. (g) Liability for failure of owner to comply with right-of-way regulations. — (1) The Department of Safety and Homeland Security shall provide for the establishment of a program imposing monetary liability on the owner of a motor vehicle for failure to comply with right-of-way regulations in accordance with the provisions of this section. This section allows the State and municipalities to install and operate electronic traffic monitoring for vehicle obstructions systems. (2) The owner or operator of a vehicle which has failed to comply with right-of-way regulations, as evidenced by information obtained from the system, shall be subject to a civil or administrative assessment consistent with those established under § 4205 of this title. 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. (h) Electronic traffic monitoring for vehicle obstructions system requirements. — (1) An operator shall complete training by the manufacturer of the system in the procedures for setting up, testing, and operating the vehicle obstructing traffic monitoring system. (2) Upon completion of the training, the manufacturer shall issue a signed certificate to the operator. (3) The certificate of training shall be admitted into evidence in any court proceeding for a violation of this section. (4) An operator shall fill out and sign a daily set-up log for the system that does all of the following: a. States the date and time when and the location where the system was set up. b. States that the operator successfully performed, and the device passed, the manufacturer-specified self-tests of the system before producing a recorded image. c. Is kept on file. d. Is admitted into evidence in any court proceeding for a violation of this section. (5) The system shall undergo an annual calibration check performed by an independent calibration laboratory which shall issue a signed certificate of calibration after the annual calibration check that shall be kept on file and be admitted into evidence in any court proceeding for a violation of this section. (i) Violation criteria. — For a violation to occur, a motor vehicle must be located within a conflicting left-turn or through vehicle’s path of travel following the termination of the violating vehicle’s right-of-way and subsequent all-red clearance interval. (j) 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 section. Notwithstanding any other provision of the Delaware Code, a summons for a violation of this section 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 all of the following: (1) Name and address of the owner of the vehicle. (2) Registration number of the motor vehicle involved in the violation. (3) Violation charges. (4) Location where the violation occurred. (5) Date and time of the violation. (6) Copies of 2 or more photographs, or microphotographs or other recorded images, taken as proof of the violation. (7) Amount of the civil assessment imposed and the date by which the civil assessment should be paid. (8) 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. (9) 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. (k) 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 or the Department of Safety and Homeland Security. Procedures for payment under this subsection shall be as provided by court rule or policy directive of the Justice of the Peace Court or by regulation of the Department of Safety and Homeland Security and shall be in lieu of the procedures set forth in § 709 of this title. ( l ) Procedures to contest the violation. — A person receiving the summons pursuant to this section 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. The hearing may be informal and shall be held in accordance with Justice of the Peace Court rules or policy directive or regulation of the Department of Safety and Homeland Security. 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. (m) Failure to pay or successfully contest the violation. — (1) 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 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. (2) 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, shall have authority to seek such execution, enforcement or transfer. (n) Proof of violation. — Proof of a violation of this section shall be evidenced by information obtained from the electronic traffic monitoring for vehicle obstructions system authorized pursuant to this section. A certificate, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by an electronic traffic monitoring for vehicle obstructions 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 to impose assessments pursuant to this section, 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 section. (o) Presumptions. — (1) The owner of any vehicle found to be in violation of this section 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 does either of the following: 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 section. 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. (2) 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 right-of-way regulations. There shall be a presumption that the person so identified was the driver. The presumption may be rebutted as described in this subsection. (p) Notwithstanding any other provision in this section to the contrary, if the motor vehicle which is found by the electronic traffic monitoring for vehicle obstructions system to have failed to comply with the right-of-way regulations 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 (e) of this section 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 (e)(5) of this section. (q) 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4144 Drivers to exercise due care.

Notwithstanding any other provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person, or a person wholly or partially blind, carrying a cane or walking stick white in color, or white tipped with red or accompanied by a guide dog upon a roadway.

Del. Code tit. 21, § 4145 Pedestrians to use right half of crosswalks.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4151 Pedestrians’ right-of-way on sidewalks.

The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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 on-track 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.

Del. Code tit. 21, § 4162 [Reserved.]

Del. Code tit. 21, § 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. (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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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; 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) a. 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. b. The provisions of subsection (b)(2) a. of this section shall not apply to Red Clay School District school buses equipped with, and operating stop arm cameras. (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.

Del. Code tit. 21, § 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 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4169 Specific speed limits; penalty [For application of this section, see 85 Del. Laws, c. 488, § 3].

(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) 20 or 25 miles per hour in any residence district, at the discretion of the agency owning the roadway; (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. (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.

Del. Code tit. 21, § 4170 Speed limits set by local authorities [For application of this section, see 85 Del. Laws, c. 488, § 3].

(a) Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering or 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.

Del. Code tit. 21, § 4170A Electronic speed monitoring system [For application of this section, see 85 Del. Laws, c. 341, §§ 133, 134] [Expires June 30, 2028, pursuant to 84 Del. Laws, c. 74, § 2].

(a) Purpose and administration. — (1) This section establishes an electronic speed monitoring system to assist the State, counties and municipalities in the enforcement of speed limits under §§ 4169 and 4170 of this title. (2) The Department of Transportation, or the governing body of New Castle County or any municipality, 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 designated posted speeds, as monitored by an electronic speed monitoring system in accordance with this section. (3) This section does not apply to any authorized emergency vehicles being operated in compliance with § 4106 of this title. (b) Definitions. — For purposes of this section: (1) “Business district” means as defined in § 101 of this title. (2) “Electronic speed monitoring system” means a device with 1 or more motor vehicle sensors that can produce a recorded image of a motor vehicle whose speed exceeds the posted speed limit. (3) “Electronic speed monitoring system operator” means an individual who has been trained and certified to operate an electronic speed monitoring system. (4) “Owner” means the registered owner of the 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 section, shall mean the person shown on the records to be the lessee of the vehicle. Vehicle rental companies are excluded from the definition of “owner.” (5) “Recorded image” means an image recorded by an electronic speed monitoring system and includes any of the following: a. A photograph. b. A microphotograph. c. A digital image. d. A video. e. Any other medium used to store images or sounds. (6) “Residence district” means as defined in § 101 of this title. (7) “Work zone” means any area of roadway designated as a work zone by the Department of Transportation and in accordance with § 4105 (f)(2) of this title. (c) Conditions for installation and operation of electronic speed monitoring system. — (1) The Department of Transportation may approve the installation and use of an electronic speed monitoring system to be installed and used to record images of a motor vehicle travelling in a work zone, or in a residence district in either New Castle County or a municipality, if all of the following conditions are met: a. If in a residence district, unless in a designated work zone, a study, which is no more than 1 year old and approved by the Department of Transportation, documents that the eighty-fifth percentile speed on the road is 5 miles per hour or greater than the posted speed limit. b. If in a residence district the police agency with jurisdiction over the road has agreed to participate in the use of the system. c. If the road is within the boundaries of a municipality the municipality must approve the road and extent of the road eligible for electronic speed monitoring. d. The police agency, with jurisdiction over the road, must notify the Department of Transportation of the intent to use the electronic speed monitoring system at least 30 days in advance of implementation. e. The Department of Transportation and police agency with jurisdiction must provide notice on their publicly-accessible web sites of the intended use of the electronic speed monitoring system at least 14 days prior to its implementation. f. At least 1 sign must be installed advising motorists that the electronic speed monitoring system is in use. (2) Once a road is approved for an electronic speed monitoring system the use of an electronic speed monitoring system will be at the discretion of the police agency with jurisdiction over the residence district or work zone where the system will be implemented. The police agency may consider crash data in prioritizing locations where the system is to be implemented. (3) The Delaware State Police shall have enforcement authority over the electronic speed monitoring system in all work zones. (4) The Department of Transportation shall develop guidelines related to the safe positioning of portable and permanent electronic speed monitoring equipment within the road right-of-way. (d) System vendor, calibration and operator. — (1) System vendor. — The Department of Transportation shall select the system vendor to provide electronic speed monitoring systems for the State, counties and municipalities. The system vendor must be selected through an open competitive procurement process. To ensure integrity in the selection process a person involved in the administration or enforcement of the electronic speed monitoring system may not own any direct interest or equity in any selected vendor. (2) System calibration. — Every electronic speed monitoring system in use on the roads in this State must undergo an annual calibration check to be performed by an independent calibration laboratory. a. The independent calibration laboratory must issue a signed certificate of calibration after the annual calibration check which: 1. Must be kept on file by the police agency within the jurisdiction where the electronic speed monitoring system is located; and 2. May be entered into evidence in any court proceeding for a violation of this section. (3) System operator. — Every electronic speed monitoring system operator must complete training by the manufacturer of the electronic speed monitoring system in the procedures for setting up, testing, and operating the electronic speed monitoring system. a. On completion of the training, the manufacturer must issue a signed certificate to the electronic speed monitoring system operator. b. The certificate of training may be entered into evidence in any court proceeding for a violation of this section. c. An electronic speed monitoring system operator must fill out and sign a daily set-up log for the electronic speed monitoring system which: 1. States the date and time when the system was set up. 2. States that the operator successfully performed, and the device passed, the manufacturer’s specified self-test of the system before producing a recorded image. 3. Must be kept on file by the police agency within the jurisdiction where the electronic speed monitoring system is located. 4. May be entered into evidence in any court proceeding for a violation of this section. (e) Violation and proof of violation. — (1) For a violation to occur, a motor vehicle must exceed the posted speed limit by 11 miles per hour or more in the residence district or work zone. (2) Proof of a violation of this section may be evidenced by information obtained from an electronic speed monitoring system approved under this section. A certificate, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by an electronic speed monitoring system shall constitute prima facie evidence of the facts contained therein, if the certificate, or facsimile thereof, is sworn to or affirmed by an operator or a technician employed by a state agency or entity designated by a state agency for the purpose of carrying out this subsection. Any photographs, microphotographs, videotape or other recoded images evidencing a violation shall be made available for inspection in any proceeding to adjudicate liability for violation of this section. (f) Notice of violation, procedure to contest violation, and orders subject to appeal. — (1) Any resident or nonresident owner or operator of any motor vehicle driven on the public streets, roads, turnpikes or highways of this State will be deemed to have submitted to the jurisdiction of the courts in this State for purposes of this section. Notwithstanding any other provision of the Code, a summons for a violation of this section may be executed by mailing to any resident or nonresident, by first-class mail, a copy thereof to the address of the owner of the vehicle as shown in the records of the Division of Motor Vehicles of this or any other state. 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 following: 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, microphotographs, or other recoded images, taken as proof of the violation. g. Amount of the civil penalty imposed and the date by which the civil penalty should be paid. h. The length of time and location for contesting liability and notice that the failure to pay the civil penalty 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 the denial of the registration or renewal of registration of any of the owner’s vehicles. i. The ability to rebut the presumption under this section that the summonsed person was the operator of the vehicle at the time of the violation and the manner of rebutting said presumption. (2) 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 of the summons. 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 other court with competent jurisdiction as designated by the Department of Safety and Homeland Security or county or municipality in which the speed camera was located. There shall be no right of transfer to the Court of Common Pleas. (3) Any person found, by the court, to be responsible for a speeding violation, under this subsection, shall have a right of appeal only in those cases in which the civil penalty 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 court’s order. 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. (g) Civil penalties. — (1) The owner or operator of a vehicle who has failed to comply with the posted speed limit, as evidenced by information obtained from an electronic speed monitoring system, shall be subject to a civil penalty consistent with those established under § 4169(c) of this title. Assessments defined under § 4105 of this title, §§ 4101 and 9016 of Title 11 and § 8505 of Title 10, shall only be assessed for violations occurring in a “work zone” as defined in subsection (b) of this section. (2) Court costs, or similar administrative fees, not to exceed $35, may be imposed against an owner or operator of a motor vehicle who requests a hearing to contest a violation and is either found at fault or admits to fault at the hearing. No costs may be assessed against a prevailing party. (3) No additional assessments or court costs, other than those specified in this subsection, shall be assessed or collected against the owner or operator of a vehicle who has violated this section. (4) Persons electing to pay by voluntary assessment shall make payments to the entity designated on the summons for payment. Such entity may be the Department of Safety and Homeland Security, or the city or county in which the speed camera 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, or 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. (5) A violation for which a civil penalty is imposed under this section is not a criminal offense and is not to be made a part of the operating record of the person upon whom such liability is imposed. (6) A violation for which a civil penalty is imposed under this section shall not be used for insurance purposes in the provision of motor vehicle insurance. (h) Presumption of ownership. — (1) The owner of any vehicle found to be in violation of this section shall be held prima facie responsible for such violation in the same manner as 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 may be rebutted if the owner: a. Provides 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 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 alleged violation of this section; 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 and identifies the operator at the time of the violation. If the owner granted multiple persons permission to use the vehicle and is unable to identify the person who was operating the vehicle at the time of the violation, the owner will remain liable for the violation. (2) A summons may be issued to any person identified by affidavit or evidence in court as the actual operator of the vehicle alleged to have violated the speed limit. There shall be a presumption that the person so identified was the operator; this presumption may be rebutted as described under this subsection. (3) Notwithstanding any other provision in this section, if the motor vehicle which is documented by the electronic speed monitoring system in violation of subsection (e) of this section 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 this section to provide the name and address of the driver, within the prescribed time period, shall cause the owner to be held responsible as set forth in this subsection. (i) Failure to pay civil penalty. — (1) If the owner or 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 identified was not the driver, the Division of Motor Vehicles shall refuse to renew the registration of the owner’s vehicle operated at the time the summons was issued. If the owner or operator identified by the owner is found responsible at a hearing and fails to pay the fine 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. (2) Upon receiving a record of failure to comply, a court clerk may enter a civil traffic judgement against the owner or operator in the amount of the civil penalty, costs, and any applicable additional assessment, giving credit for any amount paid. Such judgement may, upon motion, be transferred by the court to the civil docket. Any judgement so transferred may be executed and enforced or transferred in the same manner as other judgements of the court and the Division of Public Safety, or its designee, shall have authority to seek such execution, enforcement or transfer. (j) Funding sources and use of revenue. — (1) The Department of Transportation, New Castle County, and any municipality, may contract with the approved system vendor for carrying out any tasks related to the use of an electronic speed monitoring system by using any eligible funding source. (2) Revenue generated through the use of electronic speed monitoring systems may be used to pay costs of the system vendor, staff required to implement this section, and any consultant fees for administration of the electronic speed monitoring system. (3) Any revenue collected above what is required for the operation of the electronic speed monitoring system, as set forth in this subsection, shall be managed by the Office of Highway Safety and may be used only for transportation safety purposes under any of the following categories: a. Education. b. Enforcement. c. Engineering. d. Administrative expenses. (k) Annual report. — (1) The Department of Transportation shall be responsible for preparing an annual report on the electronic speed monitoring system as implemented statewide. The report shall include all of the following: a. Where and when the system was used. b. Citation data. c. Crash data. d. Readily-available speed data. e. Financial data including expenditures and revenues. (2) Police agencies shall cooperate with the Department of Transportation regarding the collection of data necessary to prepare the annual report. In the event a police agency does not provide requested information, in a timely manner, to the Department of Transportation, the police agency will no longer be eligible for use of the electronic speed monitoring system.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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 § 4204(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. 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 such person 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 Delaware-registered 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 Delaware-registered 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. (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. (i) (1) Except as provided under paragraph (i)(2) of this section, the Court of Common Pleas has exclusive original jurisdiction of a violation of this section. (2) If a violation of this section may be joined properly with a felony or other offense within the jurisdiction of the Superior Court, the violation of this section is within the jurisdiction of the Superior Court.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 4175 Reckless driving.

(a) No person shall drive any vehicle in wilful or wanton disregard for the safety of persons or property. (b) No person shall drive any vehicle on a public roadway at a speed of 90 miles an hour or more. (c) 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 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. (d) Whoever violates subsection (b) of this section shall, unless suspended by the court: (1) For a first offense, be fined not less than $150 nor more than $300, or be required to complete a traffic safety course approved by the Division of Motor Vehicles, or both. (2) For a second offense committed within 3 years of a prior offense, be fined not less than $300 nor more than $800, or be required to perform at least 10 but not more than 30 hours of community service picking up litter along a public roadway, or both. (3) For a third offense committed within 3 years of 2 prior offenses, be fined not less than $500 nor more than $1000, or be required to perform at least 30 but not more than 90 hours of community service picking up litter along a public roadway, or both.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.]

Del. Code tit. 21, § 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 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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 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.

Del. Code tit. 21, § 4176D Operation of a motor vehicle during an emergency.

(a) No person may 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, “first informer,” or “essential personnel,” as those terms are defined under § 3102 of Title 20, or a waiver has been granted under § 3116(b)(12)b. 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.

Del. Code tit. 21, § 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. k. An electric bicycle. (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. (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.

Del. Code tit. 21, § 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 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(93) of this title, any “off-highway vehicle” as defined in § 101 of this title and any “moped” as defined in § 101 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 graduate from the Superior Court’s Veterans’ Treatment Court or 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. (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. (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 graduation from the Superior Court’s Veterans’ Treatment Court or the 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; 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.

Del. Code tit. 21, § 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. (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. c. Successfully graduates from the Superior Court’s Veterans’ Treatment Court. (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.

Del. Code tit. 21, § 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. (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(c) 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(c) 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: 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.]

Del. Code tit. 21, § 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. 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), or the Superior Court’s Veterans’ Treatment Court (Treatment Court), 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 or Treatment Court 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 or Treatment Court. 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 or Treatment Court 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 or Treatment Court. (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 or the Superior Court’s Veterans’ Treatment Court and has done all of the following: (1) Paid all fees under the schedule adopted by the Secretary. (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.

Del. Code tit. 21, § 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 graduation from the Superior Court’s Veterans’ Treatment Court or the 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.

Del. Code tit. 21, § 4177E Issuance of conditional license upon revocation of driver’s license [Repealed].

Del. Code tit. 21, § 4177F Ignition Interlock Device Program [Repealed].

Del. Code tit. 21, § 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 title. (4) “Offense” means a first offenders election under § 4177B of this title or a conviction under § 4177 of this title. (5) “Service provider” means a legal entity which the Director of the Division of Motor Vehicles finds complies with the requirements of this section and approves to install IIDs on vehicles operated by offenders. (c) IID Standards. — The Division of Motor Vehicles shall establish the required calibration setting and shall provide standards for the certification, installation, setting, repair, and removal of the IIDs. (d) Requirements. — (1) An offender who is eligible under subsection (f) of this section is subject to the ignition interlock requirements of this section and § 4177C of this title during the offender’s revocation period for an offense. (2) An offender covered under paragraph (d)(1) of this section must have the IID installed on each vehicle the offender will, or does, operate during the period under § 4177C(d)(4) of this title before the Secretary is authorized to reinstate that person’s driver’s license or driving privileges, regardless of whether the vehicle is owned by the person. (3) An offender’s driving record maintained by the Division of Motor Vehicles must indicate any revocation period to be served under the IID program. The Division of Motor Vehicles shall issue an IID license to an otherwise eligible offender. The offender’s IID license, the registration of the vehicle on which the IID is installed, and the offender’s driving record maintained by the Division of Motor Vehicles must indicate that the offender may not operate any vehicle except when such vehicle is equipped with an IID. (e) Installment payment of costs; indigent program. — The Division of Motor Vehicles shall establish a payment plan for all persons obtaining an IID under this section. The plan must be administered by the service provider and the person obtaining the IID shall make all payments under the plan to the service provider. The Division of Motor Vehicles shall further develop and implement an indigent plan for impoverished persons. Any person who makes application for an indigent plan must meet certain criteria and provide specific documentation to be approved by the Division of Motor Vehicles. (f) IID license. — (1) The Secretary shall issue an IID license to an offender if the offender is eligible to, and does, apply for the license under § 4177C(a), (b), (c), or (f)(6) of this title and the offender meets all of the following: a. At the time of the offense is a Delaware resident with a valid Delaware license. b. Has an IID installed on each vehicle the offender will, or does, operate during the period under § 4177C(d)(4) of this title, regardless of whether the vehicle is owned by the person. c. Does not have a driver’s license or driving privileges that are suspended, revoked, denied, or unavailable for any other violation of the law of any jurisdiction that would prohibit the issuance of the IID license, unless it is determined by the Secretary or the Secretary’s designee that the offender is eligible for reinstatement. d. Does not have a driver’s license or driving privileges that are revoked under § 1009 of Title 10 or a similar law of another jurisdiction. e. [Repealed.] f. Own a vehicle in which the IID is to be installed or file the notarized approval of installation by the owner of a vehicle in which the IID is to be installed with the Division of Motor Vehicles. g. Provide proof of insurance for a vehicle on which the IID is to be installed. h. Meet any other eligibility criteria established by § 4177C of this title or by regulations of the Division of Motor Vehicles. (2) The Secretary shall revoke an offender’s IID license if the offender does any of the following: a. Fails to abide by the terms of the IID lease with the service provider as approved by the Division of Motor Vehicles. b. Fails to comply with the Division of Motor Vehicles’ regulations concerning offender IID license restrictions. c. Attempts, allows, or causes an attempt to bypass, tamper with, disable, or remove the IID or its wires in connection. d. Attempts to operate a vehicle without possessing registration and an IID license that complies with this section. e. Violates any section of this title relating to the use, possession, or consumption of alcohol or intoxicating or impairing substances. f. Accumulates more than 5 points per year. g. Fails to continue to meet all eligibility criteria identified in paragraph (f)(1) of this section. h. Fails to provide proof to the Division of Motor Vehicles that an approved IID has been installed before being issued an IID license. i. Fails or refuses to take random tests at such times and by such means as the Division of Motor Vehicles requires. j. Fails to keep scheduled appointments with the Division of Motor Vehicles and the service provider. k. Fails to report to the service provider on a monthly basis for service of the approved IID. (3) Extension of program participation. — a. The Secretary or the Secretary’s designee shall extend the offender’s revocation period or participating requirement in the IID program upon a determination by the Secretary or the Secretary’s designee that the offender has failed to comply with the requirements of subsection (d) of this section for any of the following actions: 1. Each BAC reading of .05 or above. 2. Running retest violation. 3. Each missed monitoring appointment. 4. Start up violation; IE lock-out failure. 5. Tampering with or bypassing the interlock system. 6. Intentional circumvention of the interlock system or program requirements. 7. Any other noncompliance of program requirements specified in paragraph (f)(2) of this section as deemed by the Secretary or the Secretary’s designee. b. The Secretary shall extend the offender’s revocation period or participating requirement in the IID program as follows: 1. For 2 months for any combination of 3 of the actions under paragraph (f)(3)a. of this section. 2. For 4 months for any combination of 5 of the actions under paragraph (f)(3)a. of this section. 3. For 6 months for any combination of 8 of the actions under paragraph (f)(3)a. of this section. 4. An additional 1 month for each action under paragraph (f)(3)a. of this section in excess of 8. (4) Disqualification. — The Secretary or the Secretary’s designee, upon 10 days prior notice by certified mail, may disqualify an offender at any time upon a determination by the Secretary that the participant has failed to comply with any of the requirements of paragraph (f)(3)a.7. of this section. Upon disqualification, the IID must remain on the offender’s vehicle, or a vehicle on which the IID was installed, for the balance of the period required based on the offender’s revocation period and extensions under paragraph (f)(3)b. of this section, however, no driving authority will be granted during this remaining period. The offender is responsible for all fees for the IID during this period.

Del. Code tit. 21, § 4177H Certification and approval of devices.

(a) The Division of Motor Vehicles shall adopt and publish rules setting forth the requirements for obtaining certification of an ignition interlock device. No ignition interlock device shall be certified unless it meets the requirements specified and published by the Division. Such requirements shall include provisions for setting a calibration range which complies with § 4177F of this title [repealed] and any other applicable law; and which shall include, but not be limited to, specifications that the device: (1) Does not impede the safe operation of the vehicle; (2) Has features that make circumvention difficult, but which do not interfere with the normal use of the vehicle; and (3) Resists tampering, and shows evidence of tampering if tampering is attempted. (b) The cost of certification shall be borne by each manufacturer of an ignition interlock device who desires to have such device certified in this State.

Del. Code tit. 21, § 4177I Applicability of conforming statutes or ordinances.

Any references to § 4177, § 4177A, § 4177B, § 4177C, § 4177D, § 4177E [repealed], or § 4177L of this title shall include all conforming statutes of any other state or the District of Columbia, or local ordinances in conformity therewith.

Del. Code tit. 21, § 4177J Drinking while driving prohibited.

(a) No person shall consume an alcoholic beverage while driving a motor vehicle upon the highways of this State. “Consume,” as used in this subsection, shall mean the ingestion of a substance containing alcohol while in the act of operating a motor vehicle in the presence of, or in the view of, a police officer. (b) Whoever violates this section shall be fined for the first offense not less than $25 nor more than $200. For each subsequent like offense occurring within 1 year of the previous offense, the person shall be fined not less than $50 nor more than $400.

Del. Code tit. 21, § 4177K Revocation of license for persons convicted of all drug offenses [Repealed].

Del. Code tit. 21, § 4177L Driving by persons under the age of 21 after consumption of alcohol; penalties.

(a) Whoever, being under the age of 21 years, drives, operates or has actual physical control of a vehicle, an off-highway vehicle or a moped while consuming or after having consumed alcoholic liquor shall have that person’s driver’s license and/or privileges revoked for a period of 2 months for the first offense and not less than 6 months nor more than 12 months for each subsequent offense. If the underage person does not have a driver’s license and/or privileges, the person shall be fined $200 for the first offense and not less than $400 nor more than $1,000 for each subsequent offense. (b) In any proceeding under this section, evidence may be admitted of the amount of alcohol in the blood or breath of such underage person as determined by a specimen taken within 4 hours of the time when such person is alleged to have driven, operated or been in control of a vehicle after having consumed alcoholic liquor as shown by an analysis of that person’s breath, blood, urine, or saliva. Evidence that there was at the time of the test an alcohol concentration of .02 or more in that person’s blood or breath is per se evidence that the person had consumed alcoholic liquor. “Alcohol concentration of .02 or more in that person’s blood or breath” shall mean (1) an amount of alcohol in a sample of a person’s blood equivalent to .02 or more grams of alcohol per hundred milliliters of blood; or (2) an amount of alcohol in a sample of a person’s breath equivalent to .02 or more grams per 210 liters of breath. This provision shall not preclude a conviction based upon other admissible evidence. (c) In addition to any other powers of arrest, any police 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. (d) In addition to any penalty for a violation of subsection (a) of this section, the court shall order the person to complete a drug and alcohol evaluation and to complete a program of education or rehabilitation pursuant to § 4177D of this title.

Del. Code tit. 21, § 4177M Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs.

(a) No person shall drive, operate, or have actual physical control of a commercial motor vehicle with an alcohol concentration of .04 or more in that person’s blood or breath or having used a controlled substance or any drug which impairs driving ability. Any person who violates this section shall be guilty of an unclassified misdemeanor, and shall be subject to the provisions of Chapter 26 of this title. Prosecution under this section does not preclude prosecution under any other section of the Code. “Alcohol concentration of .04 or more” shall mean: (1) An amount of alcohol in a sample of a person’s blood equivalent to .04 or more grams of alcohol per 100 milliliters of blood; or, (2) An amount of alcohol in a sample of a person’s breath equivalent to .04 or more grams per 210 liters of breath. (b) In addition to any penalty for a violation of subsection (a) of this section, the court shall order the person to complete a drug and alcohol evaluation and to complete a program of education or rehabilitation pursuant to § 4177D of this title.

Del. Code tit. 21, § 4178 Violations of offenses prohibiting stopping, standing or parking.

Any violation of this subchapter or any municipal or county ordinance, code or regulation prohibiting stopping, standing or parking shall be subject to a civil penalty only. Such violation shall not be classified as a criminal offense and shall not qualify as a prior conviction for purposes of § 4218(c)(1)f. of Title 11, whether or not such violation occurred prior to July 10, 2006.

Del. Code tit. 21, § 4179 Stopping, standing or parking [Effective until Dec. 24, 2026].

(a) Upon any highway outside of a business or residential district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway (b) Whenever any person authorized to issue a summons under this title finds a vehicle standing upon the highway in violation of subsection (a), (e) or (f) of this section, the authorized person may move such vehicle or require the driver or other person in charge of the vehicle to move same to a position off the highway. (c) Any person authorized to issue a summons under this title is hereby authorized to remove or cause to be removed any unattended vehicle illegally left standing upon any highway, bridge, causeway, or in any tunnel in such a position or under such circumstances as to obstruct the normal movement of traffic. (d) Subsections (a) and (b) of this section shall not apply to the driver of any vehicle which is disabled while on the roadway in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving such vehicle in such position. (e) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, including all state-owned and/or state leased property; in any of the following places: (1) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within 15 feet of a fire hydrant; (5) On a crosswalk; (6) Within 20 feet of a crosswalk; (7) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic-control signal; (8) Between a safety zone or island and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone or island, unless a different length is indicated by traffic-control devices; (9) Within 50 feet of the nearest rail or railroad crossing, unless a different length is indicated by traffic-control devices; (10) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly designated by traffic-control devices; (11) Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic; (12) Upon the roadway of any highway when it is practical to stop, stand or park off the roadway; (13) On the roadway side of any vehicle stopped or parked on the shoulder or at the edge or curb of a highway; (14) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (15) At any place where official traffic-control devices prohibit stopping, standing or parking; (16) At any place where such parking, standing or stopping obstructs the free passage of other traffic; (17) Wherever a curb is marked yellow or a yellow line is placed at the edge of a roadway or shoulder; (18) In the area between roadways of a divided highway, including crossovers; (19) In any area owned by, leased by or under the control of the State, when such area has been designated by the Director of the Office of Management and Budget as a reserved parking space for members of the General Assembly, their staff, state-owned vehicles, specific state offices or state employees. Such parking spaces will be conspicuously marked as such; (20) In any areas which in any manner restricts access to or ingress or egress from the areas defined in paragraph (19) of this subsection. (f) No person shall move a vehicle not lawfully under the person’s control into such prohibited area or away from a curb such distance as is unlawful. (g) The Superintendent of the State Police is hereby authorized to appoint cadets who shall have authority to enforce violations of the section within the unincorporated areas of each county. Cadets appointed pursuant to this section must be at least 18 years of age. The Superintendent may establish such other qualifications as are deemed necessary or desirable. (h) A summons issued by a cadet appointed by the Superintendent pursuant to this section shall have the same force and effect as a summons issued by the State Police.

Del. Code tit. 21, § 4180 Additional parking regulations; penalty.

(a) Except as otherwise provided in this section, every vehicle stopped or parked upon a 2-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or outside edge of the shoulder. (b) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or outside edge of the shoulder, or its left wheels within 12 inches of the left-hand curb or outside edge of the shoulder. (c) Local authorities within their respective jurisdictions may, by ordinance, permit angle parking on any highway, except that angle parking shall not be permitted on a federal aid or state highway unless the Department of Transportation has determined that the highway is of sufficient width to permit angle parking without interfering with the free movement of traffic on the roadway. (d) The Department of Transportation may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where, in its opinion, such stopping, standing or parking is dangerous to those using the highways or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such prohibitions or restrictions 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. (e) No person shall park a vehicle in any area owned by, leased by or under the control of a retail store and immediately adjacent to such retail store, when such area has been designated by the management of the retail store as a loading zone and is conspicuously marked as such. (f) Whoever violates this section shall be assessed a civil penalty not less than $100 nor more than $500.

Del. Code tit. 21, § 4181 Summons for unattended vehicle; civil penalties.

(a) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to an unattended vehicle found in violation of any of the provisions of this subchapter or of any local code or regulation regulating stopping, standing or parking by any officer authorized by this Code or local ordinance, code, or regulation to issue summonses for such violations. (b) The Department of Safety and Homeland Security may adopt a schedule of civil penalties, between a minimum of $11.50 and a maximum of $28.75, for all violations under this subchapter.

Del. Code tit. 21, § 4181A Establishment of voluntary assessment centers for payment of civil penalties for parking; payment by voluntary assessment; procedures for contesting; presumptions; failure to pay or contest.

(a) Establishment of municipal voluntary assessment centers. — (1) An incorporated city or town may establish a voluntary assessment center for the payment of civil penalties for violations of their respective municipal ordinances, codes or regulations involving stopping, standing or parking. (2) An incorporated city or town may, by ordinance, establish the amount of the civil penalty for each stopping, standing or parking offense. (3) An incorporated city or town which establishes a voluntary assessment center may, by ordinance, provide for the imposition of 1 or more increases in the amount of the civil penalty if the fine is not timely paid. (4) An incorporated city or town which establishes a voluntary assessment center may, by ordinance, provide for a reduction in the amount of the civil penalty due if such civil penalty is paid during a specified time period which is prior to the summons due date. (b) Payment by voluntary assessment. — An owner or operator shall pay the amount on the summons to the voluntary assessment center listed on the summons, which center may be either a municipal voluntary assessment center or the Justice of the Peace Court Voluntary Assessment Center. No court costs or other administrative fee shall be assessed if a civil penalty is paid by voluntary assessment. In lieu of payment, an owner or operator may notify the applicable voluntary assessment center, within the time period specified on the summons, that such owner or operator requests a hearing in the Justice of the Peace Court. (c) Presumptions. — (1) If any vehicle found to be in violation of this subchapter or any ordinance, code or regulation regulating stopping, standing or parking is unattended at the time the violation is discovered and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held responsible for such violation, unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person. Such presumption shall be rebutted if the owner: a. Prior to the due date furnishes to the voluntary assessment center either: 1. An affidavit stating that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person, or company who leased, rented or otherwise had the care, custody or control of the vehicle; or 2. Attaches a certified copy of a police report showing that the vehicle or license plate or plates thereof had been reported to the police as stolen prior to the time of the alleged violation; or b. Provides proof in Court that the owner was not the operator of the vehicle at the time of the alleged violation. (2) A summons may be issued by the prosecuting agency to a person identified by affidavit or evidence in court as the actual operator of the vehicle shown to have violated this subchapter or an ordinance, code or regulation regulating stopping, standing or parking. There shall be a presumption that the person so identified was the driver. The presumption may be rebutted as described in this subsection. (d) Procedure for contesting. — (1) A request for a hearing must be made no later than the due date indicated on the summons, which date shall not be sooner than 20 days from the date the summons was issued. (2) The voluntary assessment center shall notify the Justice of the Peace Court when a hearing is requested. Such notification shall be in accordance with policies and procedures developed by the Justice of the Peace Court. (e) Failure to pay or contest the violation. — If the owner or operator: (1) Fails to respond to the summons on or before the due date in any of the manners permitted by this section, or (2) Requests a hearing and fails to appear, the Court may, upon motion, enter a default judgment against such owner or operator. However, when the default judgment is sought for a failure to respond to the summons, no default judgment shall be entered until notice by first class mail is sent by the Court to such owner or operator providing the owner or operator with 10 days to pay the civil penalty to the Court or request a hearing to contest the charge. A default judgment may include any applicable increases in the amount of the civil penalty for failure to timely pay or contest. The applicable city, county, or state agency may seek execution on any judgment entered by the Court. In addition, the applicable city, county or state agency may tow the vehicle if it is located in its jurisdiction and levy on it for the amount of unpaid tickets plus towing charges.

Del. Code tit. 21, § 4182 Unattended motor vehicle.

(a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway. (b) The requirements of subsection (a) of this section do not apply to an operator who starts the engine of a vehicle by using a remote starter or other similar device that remotely starts the vehicle’s engine without placing the key in the ignition and requires the key to be placed in the ignition or physically present in the vehicle before the vehicle can be operated.

Del. Code tit. 21, § 4183 Parking areas for vehicles being used by persons with disabilities.

(a) For purposes of this section: (1) “Accessible parking space” means any parking space or parking zone designated by an owner or lessee of any public or private property for use by a vehicle being used by a person with a disability. (2) “Vehicle being used by a person with a disability” means a vehicle that meets both of the following criteria: a. Displays a valid special license plate issued pursuant to § 2134 of this title on the rear of the vehicle, or that displays a valid parking placard issued pursuant to § 2135 of this title on the front windshield rearview mirror of the vehicle or, if there is no mirror, on the dashboard, or that displays a valid plate, placard or other item issued under a similar statute in another state or country. b. The person for whom the plate or placard is issued is either the operator or a passenger or, in the case of an organization, in which a person who is entitled to obtain a permanent or temporary placard is a passenger. (b) With the exception of a vehicle being used by a person with a disability, it is unlawful to park on public or private property any vehicle in any area that is designated as an accessible parking space. (c) Upon the discovery on private property of a vehicle, other than a vehicle being used by a person with a disability, in an accessible parking space, the owner or lessee of the private property may cause the illegally parked vehicle to be removed to a private storage area maintained for the safe storage of vehicles. Any costs of removal and storage must be borne by the owner or operator of the vehicle. Upon the discovery of a vehicle illegally parked in an accessible parking space that is under the control of the Department of Transportation or local authorities, the State Police, county police, or municipal police having jurisdiction may cause the illegally parked vehicle to be removed to a private storage area maintained for the safe storage of vehicles. Any costs of removal and storage must be borne by the owner or operator of the vehicle. (d) In addition to unlawful parking on public or private property in an accessible parking space, all of the following acts are prohibited on both public and private property and may be enforced pursuant to this section: (1) Creating or using a counterfeit license plate or parking placard, as described in § 2134 or § 2135 of this title. (2) Altering a license plate or parking placard issued pursuant to § 2134 or § 2135 of this title. (3) Parking on a striped area or access aisle within or adjacent to an accessible parking space. (4) Being the person or organization to whom a license plate or parking placard has been issued pursuant to § 2134 or § 2135 of this title, allowing another to use the plate or placard. (5) Parking a vehicle with a license plate or placard issued pursuant to § 2134 or § 2135 of this title in an accessible parking space, unless a person on whose behalf a special license plate or placard has been issued is being transported. (e) A uniform parking summons may be attached to an unattended vehicle found in violation of this section by a person 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. The owner or operator of the unattended vehicle may mail or deliver the summons and the designated fine and costs directly to the court identified on the summons instead of appearing before the court for arraignment on the charge, provided that the owner or operator self identifies and that the summons and fine and costs are received by the court at least 2 days before the arraignment date designated on the summons. (f) (1) A person or organization who violates this section must receive a mandatory fine of $250 for a first offense, and for a subsequent like offense, a mandatory fine of $500 or a term of community service. (2) In addition, a person or organization who holds a valid special license plate or parking placard issued under § 2134 or § 2135 of this title and who violates paragraph (d)(1), (2), or (4) of this section may receive an additional penalty of up to a 6-month suspension or the permanent revocation of the plate or placard. If a plate is suspended or revoked under this subsection, the person may apply for and be issued a regular license plate. (3) Minor variations of accessible parking space features, including the absence of a sign, are not a defense to prosecution under this section if the space is otherwise conspicuously marked. (g) The Superintendent of the State Police is authorized to appoint State Police Academy cadets to enforce this section within the unincorporated areas of each county. Cadets appointed pursuant to this subsection must be at least 18 years of age. The Superintendent may establish other qualifications considered necessary or desirable. (h) A summons issued by a cadet appointed by the Superintendent pursuant to subsection (f) of this section has the same force and effect as a summons issued by the State Police. (i) Fines collected from summonses issued by the State Police or by cadets appointed pursuant to subsection (f) of this section must be deposited into the General Fund. (j) The authority of the State Police or a cadet appointed by the Superintendent to enforce this section is not limited by any jurisdictional agreement between the State Police and any local law-enforcement agency.

Del. Code tit. 21, § 4183A Requirements for the design, construction, signage, and maintenance of accessible parking spaces.

(a) For purposes of this section, “accessible parking space” means as defined in § 4183 of this title. (b) Where an accessible parking space is required under Titles II and III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., the accessible parking space must be designed and constructed in compliance with: (1) The 2010 ADA Standards for Accessible Design issued by the Department of Justice on September 15, 2010, and its accompanying guidance. (2) Any applicable county, municipal, or Delaware building code or law. (c) No new accessible parking spaces may be installed, and no existing accessible parking spaces may be restriped, repainted, resurfaced or otherwise altered, until the county or municipal authority having jurisdiction over the construction or alteration of commercial buildings has issued a permit authorizing such action and confirming that any accessible parking spaces are in compliance with subsection (b) of this section. A county or municipal authority may allow subsequent restriping, repainting, or resurfacing of a lot that has been permitted in accordance with this section at least once without a permit where no change is made to the parking plan and the property remains compliant with the requirements of this section. (d) Upon completion of the work subject to permit, the public agency issuing the permit shall verify compliance by either conducting an on-site inspection or independently confirming compliance by use of documentation and photographic evidence submitted by the entity to whom the permit was issued, provided that the documentation and photographic evidence is sufficient to adequately assess such compliance. The enforcement agency may adopt a model form published by the State Council for Persons with Disabilities in consultation with the Architectural Accessibility Board to standardize submission of verifying documentation and photographic evidence. If the submitted documentation and photographic evidence is not sufficient to confirm compliance, an on-site inspection must be conducted. (e) All existing parking spaces that are not in compliance with subsection (b) of this section by September 25, 2030, are in violation of this section. (f) In lieu of a permit under subsection (c) of this section, any facility covered under the Architectural Accessibility Act, Chapter 73 of Title 29, must receive a letter of approval from the Architectural Accessibility Board that confirms compliance with this section. (g) A county or municipal government may assess a civil penalty of up to $500 for a violation of this section. Before imposing a fine, the county or municipal government must allow 90 days for the responsible party to cure the violation. (h) Nothing in this section requires a county or municipality to conduct code inspections apart from its usual and customary practice for promoting building code compliance. Nothing in this section prohibits a county or municipality from charging fees associated with permits and compliance verification. (i) Nothing in this section prohibits any state, municipal, or local government or agency from adopting more stringent standards for accessible parking than those imposed by this section and applicable federal law, nor shall it prohibit any private or public entity from providing more accessible parking spaces than are required by this section or other applicable code or regulation. (j) Each accessible parking space sign that is required under this section must display the current maximum fines established in § 4183(f) of Title 21.

Del. Code tit. 21, § 4184 Limitations on backing.

The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

Del. Code tit. 21, § 4185 Operating or riding as a passenger on a motorcycle; helmet and eye protection requirements for operating or riding as a passenger on a motorcycle.

(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than 1 person in which event a passenger may ride upon the permanent and regular seat if designed for 2 persons or upon another seat firmly attached to the rear or side of the operator and said motorcycle shall be equipped with passenger footrests. (b) (1) Except as provided under paragraphs (b)(2) and (b)(3) of this section, a person operating or riding as a passenger on a motorcycle on the roadways of this State shall have in that person’s possession a safety helmet approved by the Secretary of the Department of Safety and Homeland Security (“Secretary”) through the Office of Highway Safety and shall wear eye protection approved by the Secretary. (2) A person up to 19 years of age operating or riding as a passenger on a motorcycle on the roadways of this State shall wear a safety helmet and eye protection approved by the Secretary. (3) a. For the purposes of this paragraph (b)(3), a “newly-endorsed person” means a person who obtains an endorsement for a motorcycle on or after July 30, 2023. b. A newly-endorsed person who is operating a motorcycle on the roadways of this State, or a person riding as a passenger on a motorcycle operated on the roadways of this State by a newly-endorsed person, shall wear a safety helmet and eye protection approved by the Secretary for the first 2 years after the newly-endorsed person obtains endorsement. (4) A person operating or riding as a passenger on a motorcycle on the roadways of this State who fails to comply with this subsection is subject to a civil or administrative assessment of not less than $25 nor more than $50. An assessment or court cost other than those specified in this subsection may not be imposed. A violation of this subsection may not be classified as a criminal offense. (c) The operator of a motorcycle shall keep at least 1 hand on a handgrip of the handlebars at all times when moving. (d) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with 1 leg on each side of the motorcycle. (e) No person shall operate a motorcycle while carrying any package, bundle or other article which prevents the person from keeping both hands on the handlebars. (f) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

Del. Code tit. 21, § 4186 Obstruction to driver’s view of driving mechanism.

(a) No person shall drive a vehicle when it is so loaded or when there are in the front seat such a number of persons, exceeding 3, as to obstruct the view of the driver to the front or sides of the vehicles or as to interfere with the driver’s control over the driving mechanism of the vehicle. (b) No passenger in a vehicle shall ride in such position as to interfere with the driver’s view ahead or to the sides or to interfere with the driver’s control over the driving mechanism of the vehicle. (c) Every person riding in a passenger car shall occupy a seating position designed and intended for that person’s use.

Del. Code tit. 21, § 4187 Coasting prohibited.

(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral. (b) The driver of any motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.

Del. Code tit. 21, § 4188 Following fire apparatus; driving vehicle over fire hose.

(a) No driver of any vehicle, other than on official business, shall follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within 500 feet where fire apparatus has stopped in answer to a fire alarm. No person shall be deemed to have violated this subsection with regard to parking if the act of parking was done prior to the giving of alarm of such fire. (b) No person shall drive any vehicle over any line of hose which has been laid for the purpose of extinguishing a fire without the consent of the fire department official in command. (c) Whoever violates this section shall be fined not less than $28.75 nor more than $115.

Del. Code tit. 21, § 4189 Putting glass or other items on a highway prohibited.

(a) A person may not throw or deposit on a highway or adjacent property any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure a person, animal, or vehicle on the highway or adjacent property. (b) A person who drops, or permits to be dropped or thrown, on a highway or adjacent property any destructive or injurious material shall immediately remove the destructive or injurious material or cause it to be removed. (c) A person may not throw or deposit any goods, merchandise, bundles, or litter of any kind, including yard waste, on a highway. (d) A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped on the highway from the wrecked or damaged vehicle. (e) A person may not leave, drop, throw away, or otherwise dispose of trash of any description, including yard waste, in quantity to exceed 5 pounds or 1 cubic foot on or alongside a highway. (f) If a person witnesses the violation of subsection (a), (b), or (c) of this section by a person in a vehicle, and the identity of the offender is not otherwise apparent, there is a rebuttable presumption that the registered owner, if the driver’s identity cannot be ascertained, or the driver of the vehicle is responsible for the violation. (g) A person who violates this section is guilty of an unclassified misdemeanor, and is subject to a fine as follows: (1) Not less than $115 nor more than $287.50 and up to 8 hours of community service for a first offense. (2) Not less than $125 nor more than $287.50 and up to 25 hours of community service for a second or subsequent offense within 2 years. (3) A violation of this section, whether a first, second, or subsequent offense, that takes place on or along a “Delaware byway,” as defined in § 101 of Title 17, is subject to a mandatory penalty of $500, which must be imposed in addition to the fine. (h) The rebuttable presumption set forth in subsection (f) of this section does not apply to operators of buses carrying 9 or more persons. A person who violates subsection (e) of this section is guilty of an unclassified misdemeanor, and is subject to a fine of not less than $460 nor more than $690. For each subsequent offense occurring within 3 years of a former offense, the person is subject to a fine of not less than $575 nor more than $1,150. The minimum fines for a violation of this section are not subject to suspension. A violation of this section, whether a first, second, or subsequent offense, that takes place on or along a “Delaware byway,” as defined in § 101 of Title 17, is subject to a mandatory penalty of $500, which must be imposed in addition to the fine. (i) As used in this section, “yard waste” means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. (j) Placing yard waste on a highway in compliance with state, county, municipal, or private program requirements for collection and disposal of yard waste is not a violation of this section.

Del. Code tit. 21, § 4190 Opening and closing vehicle doors.

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Del. Code tit. 21, § 4191 Trailers and towed vehicles.

(a) No vehicle shall be driven upon any highway drawing or having attached thereto more than 1 other vehicle, provided that a vehicle with semitrailer may draw in addition thereto 1 other vehicle, and provided further that driveway operations in transit may transport by means of saddlemount and fullmount mechanisms, utilizing the motive power of 1 of the vehicles in combination. This subsection shall not apply to farm tractors. (b) The draw bar or other connection between any 2 vehicles 1 of which is towing or drawing the other on a highway shall not exceed 15 feet in length from 1 vehicle to the other. Whenever such connection consists of a chain, rope or cable, there shall be displayed upon such connection a red flag or other signal or cloth not less than 12 inches both in length and width. (c) It shall be unlawful to ride in a towed vehicle except when necessary to steer the towed vehicle. (d) This section shall not apply to: (1) Vehicles in a parade when the vehicles are drawn or towed at a speed of less than 20 miles per hour; (2) Trailers which have been designed or modified to carry passengers for sightseeing or public transportation purposes provided that such activity complies with the requirements of the Transportation Authority as provided in Chapter 18 of Title 2.

Del. Code tit. 21, § 4191A Trespass by motor vehicle or OHV.

(a) No person shall knowingly operate a motor vehicle or OHV on private real property or upon a private road or driveway without consent of the owner or lessee of the real property. There shall be a rebuttable presumption that a person has knowingly violated this subsection if the owner or lessee has placed, at or near the points of entry from public or private vehicular access, a gate, fence or similar obstruction or a readily visible sign that would reasonably convey that the unauthorized operation of motor vehicles on the private road or driveway is prohibited. (b) Penalties: (1) A person who violates subsection (a) of this section shall be subject to the following penalties: a. A fine of not more than $100 for a first conviction. b. A fine of not more than $1,000 plus suspension of operating privileges for a period of 6 months for a second or subsequent conviction of the offense. If a person is under 16 years of age at the time of the second or subsequent conviction of this offense, the period of suspension shall commence upon the person’s sixteenth birthday. (2) In addition, restitution shall be made for the value of damage to real or personal property which results from the violation of this section.

Del. Code tit. 21, § 4191B Coal rolling is prohibited.

(a) Except as provided in subsection (b) of this section, no person shall retrofit any diesel-powered vehicle with any device, smoke stack, or other equipment that enhances the vehicle’s capacity to emit soot, smoke, or other particulate emissions, or shall not purposely release clearly visible quantities of soot, smoke, or other particulate emissions into the air and onto roadways and other vehicles while operating the vehicle, colloquially referred to as “coal rolling.” (b) This section does not apply to a person operating: (1) A diesel-powered vehicle that discharges visible exhaust as the result of normal acceleration or towing; (2) A construction vehicle operating at a construction site. (c) Any person who violates the prohibition in subsection (a) of this section shall be subject to a penalty of not more than $500 per violation.

Del. Code tit. 21, § 4192 Responsibility of parent or guardian.

The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this subchapter.

Del. Code tit. 21, § 4193 Applicability of traffic laws.

Every person propelling a vehicle by human power or riding a bicycle shall have all of the rights and all of the duties applicable to the driver of any other vehicle by this title, except as to special regulations in this subchapter and except as to those provisions of this title which by their nature can have no application.

Del. Code tit. 21, § 4194 Passengers and trailers.

(a) No bicycle shall be used to carry more persons at 1 time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to the person in a backpack or sling. (b) A trailer or semitrailer designed for attachment to a bicycle may be used when securely attached thereto.

Del. Code tit. 21, § 4195 Clinging to vehicles.

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or personally be attached to any vehicle upon a highway.

Del. Code tit. 21, § 4196 Bicycling on right side of roadway; exceptions.

(a) Upon all roadways of sufficient width a bicycle operator shall travel in the right half of the roadway except as follows: (1) When overtaking and passing another bicycle or vehicle proceeding in the same direction; (2) When preparing for a left turn at an intersection or into a private road or driveway; (3) When approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, in which case a person may operate a bicycle in this dedicated lane, even if the bicycle operator does not intend to turn right; (4) When reasonably necessary to avoid conditions including, but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals or surface hazards; (5) When a paved roadway shoulder exists, in which case a person may operate a bicycle in the roadway shoulder with due regard for any traffic control devices intended to regulate or guide traffic or pedestrians; (6) When a part of a roadway has been set aside for the exclusive use of bicycles including contra-flow bicycle lanes, left-handed cycle tracks or bicycle lanes on 1-way streets and 2-way cycle tracks or bicycle lanes, in which case a person may operate a bicycle in the designated bicycle lane or cycle track; or (7) When operating a bicycle upon a 1-way highway with 2 or more marked traffic lanes and a posted speed limit of less than 30 miles per hour, in which case a person may operate a bicycle as near the left-hand edge of such roadway as judged safe by the bicycle operator. (b) Upon all roadways any bicycle proceeding at less than the normal speed of vehicle traffic at the time and place and under the conditions then existing shall be operated in the right-hand travel lane. If the right-hand travel lane is wide enough for a bicycle and a vehicle to travel safely side-by-side within the lane, a bicycle operator shall operate far enough to the right as judged safe by the operator to facilitate the movement of such overtaking vehicles unless the bicycle operator determines that other conditions make it unsafe to do so. (c) Persons operating bicycles upon a roadway shall not travel more than 2 abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (1) Operating bicycles side-by-side does not constitute an impediment to normal traffic at times of no conflicting traffic, if motor vehicle traffic can overtake in the adjacent lane, or if the lane is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane. (2) On a laned roadway, persons operating bicycles side-by-side shall do so within a single lane. (d) [Repealed.]

Del. Code tit. 21, § 4196A Bicycle approaching or entering intersection.

(a) A bicycle operator approaching a stop sign at an intersection with a roadway having 3 or more lanes for moving traffic shall come to a complete stop before entering the intersection. (b) A bicycle operator approaching a stop sign at an intersection where a vehicle is stopped in the roadway at the same stop sign shall come to a complete stop before entering the intersection. (c) A bicycle operator approaching a stop sign at an intersection with a roadway having 2 or fewer lanes for moving traffic shall reduce speed and, if required for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping, the person shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection, except that a person, after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a turn or proceed through the intersection without stopping. (d) A bicycle operator approaching an intersection shall always yield the right-of-way to any vehicle which has already entered the intersection. (e) When a bicycle and a vehicle enter an intersection from different roadways at approximately the same time, the operator of the vehicle or bicycle on the left shall yield the right-of-way to the vehicle or bicycle on the right.

Del. Code tit. 21, § 4197 Carrying articles.

No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands in the control and operation of the bicycle. A person operating a bicycle shall keep at least 1 hand on the handlebars at all times.

Del. Code tit. 21, § 4198 Left turns.

(a) A person operating a bicycle intending to turn left shall follow a course described in § 4152 of this title or in subsection (b) of this section. (b) A person operating a bicycle intending to turn left shall: (1) Enter the intersection as close as practical to the right edge of the roadway; and (2) Proceed across the intersecting roadway; and (3) If possible, exit the travel lane and stop or, if not possible to exit the travel lane, stop as much as practical out of the way of traffic; and (4) Yielding to any traffic proceeding in either direction along the roadway the bicyclist has been using and complying with any official traffic-control device or police officer regulating traffic on the roadway on which the bicyclist intends to proceed, proceed in the new direction. (c) Notwithstanding subsections (a) and (b) of this section, the Department or local authorities in their respective jurisdictions may cause official traffic-control devices to be placed and thereby require and direct that a specific course be traveled by turning bicycles, and when such devices are so placed, no person shall turn a bicycle other than as directed and required by such devices.

Del. Code tit. 21, § 4198A Turn and stop signals.

(a) A person operating a bicycle shall give hand and arm signals as follows: (1) Left turn. — Left hand and arm extended horizontally and to the left side of the bicycle. (2) Right turn. — Right hand and arm extended horizontally and to the right side of the bicycle or the left hand and arm extended upward. (3) Stop or decrease speed. — Left hand and arm extended downward from the left side of the bicycle. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the bicycle before turning, and shall be given while the bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle.

Del. Code tit. 21, § 4198B Bicycles on sidewalks and crosswalks.

(a) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. (b) A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where such use of bicycles is prohibited by official traffic-control devices. (c) A person propelling a vehicle by human power upon and along a sidewalk, or pushing a bicycle across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.

Del. Code tit. 21, § 4198C Bicycle parking.

(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic-control device. (b) A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic. (c) A bicycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is allowed. (d) A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location where parking is allowed. (e) A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle. (f) In all other respects, bicycles parked anywhere on a highway shall conform with the provisions of this title.

Del. Code tit. 21, § 4198D Bicycle racing.

(a) Bicycle racing on the highways is prohibited by § 4172 of this title except as authorized in this section. (b) Bicycle racing on a highway shall not be unlawful when a racing event has been approved by the Department or local authorities in their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users. (c) By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users.

Del. Code tit. 21, § 4198E Inspecting bicycles.

A uniformed police officer may at any time, upon reasonable cause to believe that a bicycle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the person riding the bicycle to stop and submit the bicycle to an inspection and such test with reference thereto as may be appropriate.

Del. Code tit. 21, § 4198F Lamps and other equipment on bicycles.

(a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front. (b) Every bicycle shall be equipped with a red reflector of a type approved by the Department which shall be visible for 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. (c) Every bicycle when in use at nighttime shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least 500 feet. (d) A bicycle or its rider may be equipped with lights or reflectors in addition to those required by subsections (a)-(c) of this section. (e) Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

Del. Code tit. 21, § 4198G Bicycle identifying number.

A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame.

Del. Code tit. 21, § 4198H Use of earplugs and headsets restricted.

(a) A person shall not drive a bicycle with earplugs in both ears or while wearing a headset covering both ears. (b) A prosthetic device which aids the hard-of-hearing is not an earplug or a headset under this section.

Del. Code tit. 21, § 4198I Human-powered vehicles defined.

“Human-powered vehicles” shall mean that certain class of vehicles which are exclusively human-powered by means of foot pedals and which the driver normally rides astride. Adult cycles are included but all children’s cycles are excluded as are all toys and all vehicles of whatever nature that require the driver to place a foot or other object on the ground to cause motion.

Del. Code tit. 21, § 4198J Bicycling on highways under influence of drugs or alcohol.

(a) No person shall ride a bicycle on a highway of this State while under the influence of intoxicating liquor and/or narcotic drugs to a degree which renders such person a hazard. (b) Whoever is convicted of a violation of subsection (a) of this section shall, for the first offense be fined not less than $150 nor more than $1,150 and for subsequent offenses, be fined not less than $400 nor more than $1,500 or be imprisoned not less than 10 days nor more than 30 days, or both. A subsequent offense must have been committed within 2 years of the prior offense. (c) No violation of this section shall be entered on a driver’s motor vehicle record.

Del. Code tit. 21, § 4198K Helmet requirements.

(a) A person under 18 years of age shall not operate or ride as a passenger upon any bicycle unless that person is wearing an approved, properly fitted and fastened bicycle helmet. This requirement shall apply to a person who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle. For purposes of this section, an “approved helmet” means a bicycle helmet which conforms to the following standards: (1) A bicycle helmet that was manufactured prior to March 11, 1999, shall meet or exceed the minimum bicycle helmet safety standards set by the American National Standards Institute (ANSI), the American Society for Testing and Materials (ASTM), or the Snell Memorial Foundation; (2) A bicycle helmet that was manufactured on or after March 11, 1999, shall meet or exceed the minimum bicycle helmet safety standards set by the Consumer Products Safety Commission. (b) Any parent or guardian who fails to cause the parent’s or guardian’s child to wear a bicycle helmet, as provided herein, shall be fined for the first offense $25, and for each subsequent offense, $50. (c) The Court may dismiss all charges pursuant to this section upon presentation of evidence that a violator hereof has purchased or obtained a bicycle helmet which meets or exceeds the standards set forth herein subsequent to the violation. (d) The requirements of this section shall apply at all times while a bicycle is being operated on any property open to the public or used by the public for pedestrian and vehicular purposes. (e) Failure to wear a bicycle helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of any accident in which a person under 18 years of age is injured, nor shall failure to wear a bicycle helmet be admissible as evidence in the trial of any civil action. (f) It is an affirmative defense to a violation of the helmet requirements of this section that the violator is a member of a recognized church or religious denomination and whose religious convictions, in accordance with the tenets and practices of the violator’s church or religious denomination, are against the wearing of a helmet.

Del. Code tit. 21, § 4198L Exemption for bicycle-mounted police officers.

Bicycle-mounted police officers, while responding to an emergency or during the pursuit of an actual or suspected violator of the law, are exempt from the obligations under this subchapter.

Del. Code tit. 21, § 4198M Mopeds and tripeds.

(a) Mopeds and tripeds shall not be operated upon interstate and limited access highways, even to cross such highways, nor shall they be operated on the right-of-way of an operating railroad, except to cross such railroad, nor shall they be operated on any path set aside for the exclusive use of bicycles unless the helper motor has been turned off. (b) No person shall drive a moped or triped without having been licensed as an operator of a motor vehicle under this title. The licensee shall have such license in the licensee’s immediate possession at all times when operating a moped or triped. The licensee does not need a motorcycle endorsement to operate a moped or triped. (c) Regulations applicable to bicycles shall apply whenever a moped or triped is operated upon any public road or upon any path set aside for the exclusive use of bicycles. (d) Mopeds or tripeds shall be registered under regulations which shall be adopted by the Division of Motor Vehicles. The registration and reregistration fee for mopeds or tripeds shall be $5.00 for a 3-year registration period. Upon registration of a moped or triped, the Division of Motor Vehicles shall issue a decal or a distinctive number plate to be affixed to the moped or triped as indication of registration. (e) Title and vehicle document fees must be paid. Liens can be recorded. (f) A moped license plate will be issued and has to be displayed on the rear of the moped so it is clearly visible. All moped registrations will expire on December 31. A registration card will be issued in the same manner as other vehicles. (g) Safety inspections. — Mopeds 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 an offsite vehicle identification number verification. (h) No motor vehicle insurance is required for the operation of a moped or triped. (i) A person under 18 years of age shall not operate or ride as a passenger upon a moped or triped unless that person is wearing a properly fitted and fastened helmet which meets or exceeds the standards set forth in § 4198K of this title. (j) If the moped or triped owner is not a Delaware resident, Delaware will honor the laws of the owner’s home state regarding the registration of such vehicle. However, the operator of a moped or triped must hold a valid driver license from the operator’s state of residence.

Del. Code tit. 21, § 4198N Operation of motorized skateboards and scooters.

(a) Upon public highways, streets, sidewalks or rights-of-way; penalties for violation. — Motorized skateboards or scooters shall not be operated upon a public highway or street or sidewalk or right-of-way thereof located within this State except under the following conditions: (1) A motorized skateboard or scooter may be pushed across or along such public way provided such motorized skateboard or scooter is in neutral or that the power train is otherwise disengaged, and further provided that such use shall be in conformance with this chapter. (2) A motorized skateboard or scooter may be operated on a street or highway located within this State for a special event of limited duration, conducted according to a prearranged schedule only under permit from the governmental unit having jurisdiction. (3) A low-speed motorized scooter. This section does not apply to any low-speed motorized scooter. (4) A person who violates this subsection shall be subject to the following penalties: a. For the first offense, a fine of not less than $25 nor more than $115. b. For a second or subsequent offense, committed within 24 months after commission of the first offense, the operator shall be fined not less than $57.50 nor more than $230 and the motorized skateboard or scooter may be ordered to be forfeited by the court. (b) Upon other property; penalty for violation. — A person shall not operate a motorized skateboard or scooter upon any property in either public or private ownership without the express permission of the person in control of the property or knowingly in violation of any restrictions imposed on such use by the person in control of the property. A person who violates this subsection shall be subject to the following penalties: (1) For the first offense, a fine of not less than $25 nor more than $115. (2) For a second or subsequent offense, committed within 24 months after commission of the first offense, the operator shall be fined not less than $57.50 nor more than $230 and the motorized skateboard or scooter may be ordered to be forfeited by the court. (3) In addition, restitution shall be made for value of any damage to real or personal property that results from a violation of this subsection. (c) Careless operation or excessive rate of speed. — A person shall not operate a motorized skateboard or scooter in a careless or imprudent manner or at a rate of speed greater than is reasonable and prudent under the conditions or without having regard to 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. (d) While under the influence or with a prohibited alcohol content. — A person shall not operate a motorized skateboard or scooter while under the influence of alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of this title. (1) When such operation is upon private property with the express permission of the person in control of the property or such operation is not upon public property, a public highway or street or sidewalk or right-of-way thereof, the penalty provisions of this section shall apply. (2) The provisions of this subsection, subsections (j) or ( l ) of this section or any other statute to the contrary notwithstanding, all provisions of § 4177 of this title and provisions of this Code related thereto shall be applicable to the operation of a motorized skateboard or scooter while under the influence of alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of this title when such operation is upon private property without the express permission of the person in control of the property or such operation is upon public property, a public highway or street or sidewalk or right-of-way thereof located within this State. (e) In a manner causing damage or disturbance. — (1) A person shall not operate a motorized skateboard or scooter in a manner to cause damage to property of another person or in a manner to endanger, disturb or annoy another person. Disturbance or annoyance of other persons shall be presumed if the operator has received either verbally or in written form notice of such annoyance or disturbance from the complaining party. However, nothing in this subsection shall be construed as prohibiting the operation of motorized skateboards or scooters at a track or park designed for the lawful operation of said devices. (2) The operator of the motorized skateboard or scooter shall be held liable for any damage to property of another person. However, if the operator is a minor, the parents or legal guardian of the operator shall be held personally liable for any and all damage and/or injuries, including civil or criminal liability, caused by the minor in the operation of the motorized skateboard or scooter. (3) The owner of such private property may recover from the person responsible nominal damages of not less than the amount of damage or injury. (f) Unlawful for operators of motorized skateboard or scooters to disobey command to stop. — It shall be unlawful for any operator of a motorized skateboard or scooter to wilfully disobey a signal to bring such motorized skateboard or scooter to a stop when such signal is given by hand, voice, emergency lights, siren or other visual or audible signal by a uniformed law-enforcement, police, peace or environmental protection officer acting in the lawful performance of duty. (g) By minors, incompetent persons or persons under mental or physical disabilities. — (1) A person less than 12 years of age may operate a motorized skateboard or scooter only if: a. The person is under the direct supervision of a person who is at least 18 years of age; or b. The person is on land owned by or under the control of the person’s parent or legal guardian. (2) Persons 12 years of age and older may operate a motorized skateboard or scooter without adult supervision provided such use is in compliance with all other provisions of this chapter. (3) A parent or legal guardian shall not permit a child under the age of 12 to operate a motorized skateboard or scooter except under the direct supervision of an adult. (4) The owner of a motorized skateboard or scooter shall not permit: a. The device to be operated by a person under the age of 12 except under direct adult supervision. b. The device to be operated by a person who is incompetent to operate such vehicle because of mental or physical disability or because of being under the influence of alcohol, any drug, or with a prohibited alcohol content as defined in § 4177 of this title. (h) Helmet requirements. — (1) A person under 18 years of age shall not operate or ride as a passenger upon any motorized skateboard or scooter unless that person is wearing a properly fitted and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198K of this title. (2) Any parent or legal guardian who fails to cause that parent or legal guardian’s child to wear a helmet, as provided in this subsection, shall be fined for the first offense $25, and for each subsequent offense, $50. (3) The court may dismiss all charges pursuant to this subsection upon presentation of evidence that a violator hereof has purchased or obtained a helmet that meets or exceeds the standards set forth in this subsection subsequent to the violation. (4) The requirements of this subsection shall apply at all times while a motorized skateboard or scooter is being operated on any property open to the public or used by the public for pedestrian and vehicular purposes. (5) Failure to wear a helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of any accident in which a person under 18 years of age is injured, nor shall failure to wear a helmet be admissible as evidence in the trial of any civil action. (i) Any person or business selling a new, unused motorized scooter, as defined in § 101(42) of this title, must obtain a signed, witnessed statement from the purchaser stating that the purchaser is aware that motorized scooters cannot be operated on Delaware public highways or sidewalks, as set forth in this section. The seller must retain the document for a period of not less than 3 years from the date of sale. (j) Enforcement of section. — Any law-enforcement, peace, police or environmental protection officer, acting in the lawful performance of duty, shall be empowered to enforce this section. Whenever any motorized skateboard or scooter is used in violation of this section, it may forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use. Any costs associated with any such seizure shall be paid by the operator or owner of such motorized skateboard or scooter unless the operator or owner is found not guilty of the offense charged. (k) Penalties when not otherwise specified in this section. — Any person convicted of violation of any provision of this section shall be fined not less than $25 nor more than $300. The penalties set forth in this subsection shall apply unless a specific penalty for an offense specified in a provision of this section is otherwise provided in this section. ( l ) Jurisdiction. — The Courts of the Justices of the Peace shall have original jurisdiction over violations of this section except that the Family Court shall have jurisdiction over violations of this section when such violation is committed by any person under the age of 18 years of age. (m) Conflicts with other statutes. — Should any provision of this section conflict with other statutes, the provisions or requirements of this section shall apply. The provisions of this subsection or any other provision of this section notwithstanding, nothing in this subsection or any other provision of this section shall be deemed to preclude prosecution under any other provision of this Code. (n) Rules and regulations. — The Secretary of Safety and Homeland Security and/or the Secretary of Transportation may adopt and enforce such rules and regulations concerning motorized skateboards or scooters and designate such agencies as may be necessary to carry out this section, provided such rules and regulations are not contrary to this section. (o) Notwithstanding the provisions of this section, any municipality with a population in excess of 50,000 may implement ordinances, regulating the use of motorized skateboard or scooters, inconsistent with or in addition to the provisions of this section.

Del. Code tit. 21, § 4198O Operation of electric personal assistive mobility devices (EPAMD).

(a) Nothing in this title shall be construed to limit the operation of an EPAMD on sidewalks and bike ways of the State except the following: (1) A person operating an EPAMD shall not exceed a speed of 8 miles per hour on sidewalks and shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing any pedestrian. (2) An EPAMD may be operated on a public highway only: a. While making a direct crossing of a highway in a marked or unmarked crosswalk; b. Where no sidewalk is available; or c. When so directed by a traffic control device or by a peace officer. (3) Any person operating an EPAMD upon a highway shall ride as close as practicable to the right-hand edge of the highway; (4) An EPAMD may not be operated at any time on a highway with a speed limit of more than 30 miles per hour except to make a direct crossing of the highway in a marked crosswalk; (5) A person under 16 years of age shall not operate or ride upon an EPAMD unless that person is wearing a properly fitted and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198K of this title; (6) Any person operating an EPAMD shall obey all traffic control devices and shall exercise due care in the operation of the EPAMD; and (7) No person shall ride an EPAMD on a highway of this State while under the influence of intoxicating liquor and/or narcotic drugs to a degree which renders such person a hazard. (b) An EPAMD shall not require a license plate or be registered by the Division of Motor Vehicles. (c) An EPAMD shall be equipped with front, rear and side reflectors, a system that when employed will enable the operator to bring the device to a controlled stop, and if the EPAMD is operated between 1 / 2 hour after sunset and 1 / 2 hour before sunrise, a lamp emitting a white light which, while the EPAMD is in motion, sufficiently illuminates the area in front of the operator; provided that these provisions shall be satisfied if the operator of the EPAMD wears a headlight and reflectors on the operator’s person. (d) No proof of financial responsibility is required for the operation of an EPAMD. (e) (1) Any person convicted of a violation of paragraphs (a)(1)-(a)(6) or subsection (c) of this section shall receive a warning for the first offense, be fined $10 for the second or subsequent offense, and shall have the EPAMD impounded for up to 30 days for the third or subsequent offense. (2) Any person convicted of a violation of paragraph (a)(7) of this section shall for the first offense be fined not less than $150 nor more than $1,150 and for subsequent offenses be fined not less than $400 nor more than $1,500 or be imprisoned not less than 10 days nor more than 30 days, or both.

Del. Code tit. 21, § 4198P Operation of electric bicycles.

(a) Except as specifically provided in this section, an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all the duties, of a bicycle or the operator of a bicycle. (b) An electric bicycle or a person operating an electric bicycle is not subject to the provisions of this Code relating to financial responsibility or insurance, driver’s licenses, registration, certificates of title, off-highway vehicles, and license plates. (c) On and after January 1, 2023, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type. (d) No person may tamper with or modify an electric bicycle to change the motor-powered speed capability or engagement of an electric bicycle, unless the label indicating the classification required in subsection (c) of this section is replaced after modification. (e) An electric bicycle shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. Part 1512). (f) An electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes are applied. (g) An electric bicycle may be ridden anywhere bicycles are allowed, including streets, highways, roadways, shoulders, bicycle lanes, bikeways (including bikeways established pursuant to Chapter 10 of Title 17) and bicycle or multi-use paths except for all the following: (1) A local authority or state agency which has jurisdiction over a bicycle or multi-use path may prohibit the operation of a bicycle if the authority finds, after notice and a public hearing, that the restriction is necessary for safety reasons or compliance with other laws or legal obligations. (2) A local authority or state agency which has jurisdiction over a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials may prohibit the operation of an electric bicycle on that trail. (3) Sidewalks, including those permitted to be used by bicycles, while using the electric motor. (h) No person under the age of 16 may operate a class 3 electric bicycle. A person under the age of 16 may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers. (i) All operators and passengers of class 3 electric bicycles must wear an approved, properly fitted and fastened bicycle helmet. For the purposes of this subsection, “approved helmet” has the meaning provided in § 4198K(a) of this title. The requirement to wear a helmet is subject to the provisions of § 4198K(b)-(f) of this title. (j) All class 3 electric bicycles must be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour.

Del. Code tit. 21, § 4198Q Operation of low-speed motorized scooters.

(a) Except as specifically provided in this section, a low-speed motorized scooter or an operator of a low-speed motorized scooter is afforded all the rights and privileges, and is subject to all the duties, of a bicycle or the operator of a bicycle. (b) A low-speed motorized scooter or a person operating a low-speed motorized scooter is not subject to the provisions of this Code relating to financial responsibility or insurance, driver’s licenses, registration, certificates of title, off-highway vehicles, and license plates. (c) On and after January 1, 2026, manufacturers and distributors of low-speed motorized scooters must apply a label that is permanently affixed, in a prominent location, to each low-speed motorized scooter. The label must contain the classification number, top assisted speed, and motor power of the low-speed motorized scooter, and must be printed in Arial font in at least 9-point type. (d) No person may tamper with or modify a low-speed motorized scooter to change the motor-powered speed capability or engagement of a low-speed motorized scooter, unless the label indicating the classification required in subsection (c) of this section is replaced after modification. (e) A low-speed motorized scooter must comply with the equipment and manufacturing requirements for electrically operated toys or other electrically operated articles adopted by the United States Consumer Product Safety Commission (16 C.F.R. Part 1505). (f) A low-speed motorized scooter may be ridden anywhere bicycles are allowed, including streets, highways, roadways, shoulders, bicycle lanes, bikeways (including bikeways established pursuant to Chapter 10 of Title 17) and bicycle or multi-use paths except for all the following: (1) A local authority or state agency that has jurisdiction over a bicycle or multi-use path may prohibit the operation of a low-speed motorized scooter if the local authority or state agency finds, after notice and a public hearing, that the restriction is necessary for safety reasons or compliance with other laws or legal obligations. (2) A local authority or state agency that has jurisdiction over a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials may prohibit the operation of a low-speed motorized scooter on that trail. (3) Sidewalks, including those permitted to be used by bicycles. (g) All operators and passengers of a low-speed motorized scooter under the age of 18 years old must wear an approved, properly fitted, and fastened bicycle helmet. For the purposes of this subsection, “approved helmet” has the meaning provided in § 4198K(a) of this title. The requirement to wear a helmet is subject to the provisions of § 4198K(b)-(f) of this title. (h) No low-speed motorized scooters may be operated as part of a rental service unless explicitly permitted by municipal ordinance or other regulation in a municipality. (i) A person must be at least 14 years old to operate a low-speed motorized scooter.

Del. Code tit. 21, § 4199 Driving through safety zone prohibited.

No vehicle shall at any time be driven through or within a safety zone.

Del. Code tit. 21, § 4199A Riding without owner’s consent; protrusion beyond limits of vehicle.

No person shall ride upon any vehicle without the consent of the driver and when any person is riding on any vehicle with the driver’s consent, no part of the person’s body must protrude beyond the limits of the vehicle.

Del. Code tit. 21, § 4199B Riding in house trailers.

It shall be unlawful to ride in a house trailer being towed by another vehicle.

Del. Code tit. 21, § 4199C Child restraint in motor vehicles [Transferred].

Transferred to § 4803 of this title.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title21/c041/sc01/index.htmlFetched: 10/4/2026