Title 2, Transportation

§ 1318. Certain contract with bondholders. The State hereby pledges to and agrees with the holders of bonds issued pursuant to this chapter that the State will not limit or restrict the rights granted to the Authority by this chapter to construct, reconstruct, improve, extend, al…

§ 1319. Exemption from taxation. The State covenants with the purchasers and with all subsequent holders, owners and transferees of bonds, in consideration of the acceptance of and payment for the bonds, that the bonds (which include interest thereon), and their transfer, shall b…

§ 1320. Special provisions relating to Delaware Turnpike. (a) The Authority and the State shall always maintain and keep in good condition and operating repair the Delaware Turnpike. (b) The Authority may provide or make provision for an adequate police force to enforce the laws …

§ 1321. Limitation on jurisdiction of political subdivisions. No political subdivision of the State shall exercise any power, authority or jurisdiction over property of the Authority including but not limited to the exercise of the police power or the exercise of the power of con…

§ 1322. Conveyance to Authority. Any political subdivision, agency, department or commission of the State, notwithstanding any contrary provision of law, may lease, grant or convey to the Authority any real property or rights in real property, including but not limited to public …

§ 1323. Audit of books and accounts. The office of Auditor of Accounts shall cause an annual audit of the books and accounts of the Authority. The selection of a firm to perform the annual audit of the books and accounts of the Authority shall be mutually agreed upon by the offic…

§ 1324. Damage to private property. All private property damaged or destroyed in the exercise by the Authority of the powers granted by this chapter shall either be restored or repaired and placed in its condition prior to such damage or destruction, as nearly as practicable, or …

§ 1325. Employees of the Delaware Transit Corporation and subsidiaries. The Director and Deputy Director of the Delaware Transit Corporation shall be exempt from Chapter 59 of Title 29, as amended. All employees of any public or specialized transportation subsidiary, including pe…

§ 1325A. Status of former DTA employees. Any employee of the Delaware Transportation Authority as of June 30, 1994, and retaining merit system status at that time who is transferred to the Delaware Transit Corporation before August 31, 1995, shall be deemed to be employed by the …

§ 1326. John F. Kennedy Memorial Highway. The Delaware Interstate Highways 295 and 95 leading from the Delaware Memorial Bridge to the Maryland state line shall be known as the “John F. Kennedy Memorial Highway.” The Authority shall cause to be erected suitable signs or markers t…

§ 1327. Operation of service stations. The Authority may lease a retail fuel outlet or service station to a manufacturer of petroleum products. The manufacturer, its subsidiary or agents may operate such outlet or service station notwithstanding § 2905 of Title 6 [repealed], as a…

§ 1328. Application of state Freedom of Information Act. (a) The Authority and its subsidiaries shall be subject to all applicable provisions of the state Freedom of Information Act, Chapter 100 of Title 29. (b) Written or recorded information concerning employee addresses, work …

§ 1329. Liability of Authority. (a) Any operation, service or program provided by the Delaware Transportation Authority or under its auspices not covered by a general liability policy, self-insurance or other insurance policy as shall be legally established and funded by said Aut…

§ 1330. Limitation of actions to recover payments erroneously or illegally collected by the Authority. No action or claim that is otherwise permitted against the State or an agency or authority of the State to recover any charges, fares, fees, rentals or tolls or other payments e…

§ 1331. Motor fuel tax. The provisions of Chapters 51 and 52 of Title 30 and Chapter 29 of Title 6 shall be administered by the Department of Transportation in the Office of Motor Fuel Tax. The Director of the Office of Motor Fuel Tax shall be transferred to the Department of Tra…

§ 1332. Passenger rail carriers. (a) The General Assembly has determined as a matter of public policy that it is in the best interests of the citizens of Delaware to apply a limitation of liability for any passenger rail carrier, not otherwise protected under State law, in order …

§ 1335. Maintaining adequate supplies of road materials [Operation of this statute was suspended by 85 Del. Laws, c. 341, § 112]. (a) Legislative findings. — The General Assembly finds that the interests of the State are not well served when its ability to obtain a ready supply a…

§ 1401. Title. This chapter shall be known as the “Transportation Trust Fund Act.” The word “chapter,” as used herein, means this Transportation Trust Fund Act. The phrase “transportation system,” as used herein, shall mean all modes and methods of transporting people and goods o…

§ 1402. Legislative findings and determinations. (a) The General Assembly hereby reaffirms all the findings made by the General Assembly in § 1302(a) of this title. (b) The General Assembly further finds, that, in addition to the creation of the Delaware Transportation Authority …

§ 1403. Application of chapter. In addition to the powers granted to the Authority by Chapter 13 of this title, the Authority shall have the following powers in addition to those powers granted elsewhere in this chapter: (1) To issue subordinated indebtedness and to enter into ba…

§ 1404. Establishment of Transportation Trust Fund. There is hereby established in the Authority a fund to be known as the “Transportation Trust Fund.” Except as otherwise provided by contract between the Authority and the holders of bonds of the Authority and excluding the recei…

§ 1405. Bonds secured by Transportation Trust Fund revenues. (a) The Authority shall have the power and is hereby authorized after July 15, 1987, and from time to time thereafter, to issue its bonds, in principal amounts as in the opinion of the Authority shall be necessary to pr…

§ 1406. Covenants with holders of bonds. In any resolution of the Authority authorizing or relating to the issuance of any bonds, or in any trust agreement securing the bonds, the Authority, in order to secure the payment of the bonds, and in addition to its other powers, shall h…

§ 1407. Pledge of revenues. In addition to the provisions of the 2nd paragraph of § 1317 of this title, which paragraph shall apply to bonds issued by the Authority under this chapter, it is hereby declared that neither the resolution nor any other instrument by which a pledge of…

§ 1408. Personal immunity. Neither the Secretary nor any person executing bonds issued pursuant to this chapter shall be liable personally on the bonds, by reason of the issuance thereof.66 Del. Laws, c. 87, § 1;

§ 1409. No alteration of rights. The State does hereby pledge to and covenant and agree with the holders of any bonds issued or incurred pursuant to the authorization of this chapter that the State will not limit or alter the rights or powers hereby vested in the Authority in any…

§ 1410. Bonds as legal investments. The State and all public officers, governmental units and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carryi…

§ 1411. Property exempt from taxation. All property of the Authority is declared to be public property devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of the State or any political subdivision. All bo…

§ 1412. Applicable provisions of Chapter 13. All provisions of Chapter 13 of this title, not inconsistent with the provisions of this chapter, unless excepted herein, shall be applicable to the Authority and its bonds issued pursuant to this chapter, including, without limitation…

§ 1413. Transfers from road improvement fund. Notwithstanding § 1310(c)(11) of this title, available money in the road improvement fund shall be transferred periodically to the Transportation Trust Fund at the times and in the manner such money was previously transferred to a spe…

§ 1414. Repeal of §§ 1310 and 1312. (a) (1) Notwithstanding § 1310(b)(3) of this title, at such time as there are no longer outstanding any bonds secured by the trust agreement dated as of September 1, 1979, between the Authority and the trustee for the holders of said bonds or p…

§ 1415. Transfers of motor fuel tax revenues. Notwithstanding § 1310(c)(8) of this title, the Authority shall not transfer or disburse available money in the Motor Fuel Tax Reimbursement Fund to the General Fund of the State. The Authority shall reimburse the State from the Trans…

§ 1416. Transfer of motor carrier registration fees. Notwithstanding § 1310(c)(9) of this title, the Authority shall not transfer available money in the motor carrier registration reimbursement fund to the General Fund of the State and shall not otherwise be required to reimburse…

§ 1417. Budget of Authority. The expenditures of the Authority from the Transportation Trust Fund, including expenditures required to be made by resolutions or trust agreements made or to be made by the Authority, shall be approved annually by the General Assembly. The obligation…

§ 1418. Deauthorization of funds. Any funds authorized in a bond and capital improvements act for the Community Transportation Fund but not designated to a specific transportation project by June 30 of the third fiscal year of the appropriation shall be deauthorized; however, no …

§ 1501. Purpose. The Pedestrian Council (“Council”) is established to assist in the goal of eliminating pedestrian fatalities and make walking a safe, convenient, efficient, and comfortable means of transportation in Delaware.84 Del. Laws, c. 58, § 1;

§ 1502. Appointment; composition; qualifications; term of office; removal; compensation. (a) The Council is composed of 17 members, as follows: (1) The Secretary of the Department of Transportation. (2) The Secretary of the Department of Safety and Homeland Security. (3) The chai…

§ 1503. Quorum; officers; meetings; staffing and fiscal support. (a) The number of members who must be present at a council meeting in order to have a quorum and conduct official business is the majority of members. Counting for quorum does not include member positions that are v…

§ 1504. Powers; duties. (a) The Council shall do all of the following: (1) Advise the Secretary of the Department of Transportation and the Commissioner of the Department of Safety and Homeland Security on the following issues: a. Identifying gaps in the system of pedestrian path…

§ 1801. Definitions. As used in this chapter: (1) “Department” means the Delaware Department of Transportation. (2) “Secretary” means the Secretary of the Department of Transportation. (3) “Authority” shall mean the Transportation Authority. (4) [Repealed.] (5) “Public carrier” i…

§ 1802. Regulation of public carriers. (a) The Department shall make and impose charges and fees for filing, copying, inspection and other services rendered pursuant to the powers granted by this chapter or in accordance with such rules and regulations as it may from time to time…

§ 1802A. Regulatory requirements, powers and limitations [Repealed]. Repealed by 68 Del. Laws, c. 255, § 8, eff. May 21, 1992.

§ 1802B. Rates [Repealed]. Repealed by 68 Del. Laws, c. 255, § 8, eff. May 21, 1992.

§ 1802C. Taxicab medallion and limousine certification task force. (a) The General Assembly directs the Department of Transportation (DelDOT) to create a task force to study taxi medallion issues and limousine certification issues and to submit a report to the General Assembly by…

§ 1803. Railroad rights-of-way; acquisition by Department; notice of abandonment. In order to permit the state Department to receive notice of, and be afforded an opportunity to acquire, by purchase or condemnation, railroad rights-of-way proposed to be abandoned, sold or leased,…

§ 1804. Railroad crossings; construction and protection. (a) No public carrier engaged in the transportation of passengers or property shall, without prior order of the Department, construct its facilities across the facilities of any other such public utility or across any publi…