Title 2 — Transportation
15 chapters · 150 sections in this title.
2 Del. C. § 2001. Findings and declaration of policy.
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§ 2001. Findings and declaration of policy. The General Assembly hereby finds and declares that: (a) It is essential for the economic, social and environmental well being of the State and the maintenance of a high quality of life that the citizens of the State have an efficient t…
2 Del. C. § 2002. Definitions.
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§ 2002. Definitions. As used in this chapter, unless the context indicates a different intent: (a) “Agreement” means an agreement entered into by the Secretary and one or more contracting parties for a project. (b) “Contracting party” means any individual, corporation, partnershi…
2 Del. C. § 2003. Projects.
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§ 2003. Projects. (a) Project. — Subject to subsection (c) of this section, the Secretary may entertain and solicit proposals from, and may negotiate and enter into agreements with, private entities or consortia thereof, for projects using in whole or in part private sources of f…
2 Del. C. § 2004. Ownership and lease of project transportation systems.
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§ 2004. Ownership and lease of project transportation systems. (a) Agreements may provide for either private or State ownership of the project during the construction period, depending on the project structure determined by the Secretary. Each agreement shall provide for State ow…
2 Del. C. § 2005. Exercise of Department’s powers.
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§ 2005. Exercise of Department’s powers. For purposes of facilitating these projects and to assist the contracting parties in the financing, development, construction leasing, maintenance and operation of such projects, the agreements may include provisions for the Department to …
2 Del. C. § 2006. Authorization of tolls and user fees; limitations on toll and user fee revenues.
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§ 2006. Authorization of tolls and user fees; limitations on toll and user fee revenues. (a) Authorization of tolls and user fees. — Each agreement may authorize the contracting party to impose tolls or user fees for use of the transportation system constructed and/or leased by i…
2 Del. C. § 2007. Reimbursement for services rendered by department or other State agencies.
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§ 2007. Reimbursement for services rendered by department or other State agencies. (a) Police services. — Each project is deemed to be part of the State Transportation System. The Delaware State Police shall have primary jurisdiction over each project except with respect to all o…
2 Del. C. § 2008. Liability coverage; indemnification.
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§ 2008. Liability coverage; indemnification. Each agreement must require that liability insurance coverage of an amount appropriate to protect the project’s viability is secured and maintained by the contracting party. Each agreement may provide for State indemnification of the c…
2 Del. C. § 2009. Other agreement provisions.
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§ 2009. Other agreement provisions. (a) Grant of rights to contracting party. — An agreement may include provisions authorizing the State to grant necessary easements and lease to a contracting party existing rights of way or rights of way subsequently acquired. An agreement may …
2 Del. C. § 2010. Operation of toll facility.
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§ 2010. Operation of toll facility. At the request of a contracting party operating a toll facility hereunder, the Department may adopt and enforce reasonable regulations consistent with State law which (i) set maximum and minimum speeds, (ii) exclude undesirable vehicles, cargoe…
2 Del. C. § 2011. Plans and specifications.
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§ 2011. Plans and specifications. The plans and specifications for each project constructed pursuant to this chapter shall comply with the Department’s standards for state projects and any applicable federal standards. Each project is deemed to be part of the state highway system…
2 Del. C. § 2012. Public-Private Initiatives Program Revolving Loan Fund.
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§ 2012. Public-Private Initiatives Program Revolving Loan Fund. (a) Establishment of Fund. — There is hereby established a Public-Private Initiatives Program Revolving Loan Fund which shall be maintained and administered by the Department in accordance with the provisions of this…