Title 2 — Transportation
15 chapters · 150 sections in this title.
2 Del. C. § 1814. Railroad car brakes.
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§ 1814. Railroad car brakes. No passenger train on any railroad shall be run without an air brake, or some equally effective appliance for controlling the speed of trains, which may be applied by the engineer to each car composing the train, and which shall at all times be kept i…
2 Del. C. § 1815. Penalties for violations of §§ 1813, 1814.
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§ 1815. Penalties for violations of §§ 1813, 1814. Any corporation failing to comply with, violating or permitting any of its employees or agents to violate any of the provisions of §§ 1813, 1814 of this title shall, in addition to subjecting itself to any damage that may be caus…
2 Del. C. § 1816. Free passes and franks; transportation without fare.
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§ 1816. Free passes and franks; transportation without fare. (a) This chapter shall in no wise be construed to prevent the issuance by any public carrier of free passes or franks to its employees, officers, agents and their families, and the interchange between public carriers of…
2 Del. C. § 1817. Transportation utilities; intra and interline connections; switch connections.
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§ 1817. Transportation utilities; intra and interline connections; switch connections. The Department may, after hearing, upon notice, by order in writing, direct any railroad, street railway, traction company, charter bus or passenger line, to establish and maintain at any junct…
2 Del. C. § 1818. Public carriers operating buses; public liability insurance.
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§ 1818. Public carriers operating buses; public liability insurance. The Department may prescribe by regulation or order, as to public carriers operating charter buses, such requirements as it deems necessary for the protection of persons or property of their patrons and the publ…
2 Del. C. § 1819. Appeal from Department’s order.
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§ 1819. Appeal from Department’s order. (a) Any public carrier affected by any final order made by the Department, or any other original party to or any intervenor in the proceedings before the Department in which such order was entered and affected thereby, may appeal from such …
2 Del. C. § 1820. Stay pending appeal.
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§ 1820. Stay pending appeal. The filing of an appeal from any order of the Department shall in no case supersede or stay the order of the Department, unless the Superior Court so directs, and the appellant may be required by the Court to give bond in such form and of such amount …
2 Del. C. § 1821. Liability for trashing railroad right-of-ways; penalty; jurisdiction.
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§ 1821. Liability for trashing railroad right-of-ways; penalty; jurisdiction. A person shall be guilty of an offense if the person throws, or causes to be thrown, any waste paper, sweepings, ashes, household waste, glass, metal, tires, refuse or rubbish, or any dangerous or detri…
2 Del. C. § 1822. Medical transportation by health-care facilities.
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§ 1822. Medical transportation by health-care facilities. Vehicles that are operated by: long-term care facilities, as defined in § 1102 of Title 16; hospitals as defined in § 1001 of Title 16; treatment facilities as defined in § 2203 of Title 16; providers who are qualified to …
2 Del. C. § 1823. Medical transportation by stretcher van.
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§ 1823. Medical transportation by stretcher van. Stretcher vans, as defined in § 1801 of this title may provide nonemergency medical transportation services in accordance with a contract between the owner or operator of such stretcher van and a broker of nonemergency medical tran…
2 Del. C. § 1901. Definitions.
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§ 1901. Definitions. As used in this chapter: (1) “Digital network” means any online-enabled technology application service, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company driv…
2 Del. C. § 1902. Not other carriers.
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§ 1902. Not other carriers. TNCs or TNC drivers are not public carriers, as defined in Chapter 18 of this title, nor do they provide taxicab or limousine service. A TNC driver shall not be required to register with any state or local agency the vehicle such TNC driver uses to pro…
2 Del. C. § 1903. TNC permit required.
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§ 1903. TNC permit required. (a) A person shall not operate a TNC in Delaware without first having obtained a permit from the Delaware Department of Transportation, Delaware Transit Corporation (“Division”). (b) The Division shall issue a permit to each applicant that meets the r…
2 Del. C. § 1904. Agent and registration requirements.
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§ 1904. Agent and registration requirements. (a) The TNC must maintain an agent for service of process in the State. (b) The TNC must file with the Delaware Secretary of State articles of incorporation or foreign articles of incorporation and must meet all applicable business lic…
2 Del. C. § 1905. Fare collected for services.
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§ 1905. Fare collected for services. On behalf of a TNC driver, a TNC may charge a fare for the services provided to riders; provided that, if a fare is collected from a rider, the TNC shall disclose to the rider the fare or fare calculation method on its website or within the on…
2 Del. C. § 1906. Identification of TNC vehicles and TNC drivers and customer service.
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§ 1906. Identification of TNC vehicles and TNC drivers and customer service. (a) The TNC’s online-enabled technology application service or website shall display a picture of the TNC driver, and the license plate number of the motor vehicle utilized for providing the prearranged …
2 Del. C. § 1907. Electronic receipt.
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§ 1907. Electronic receipt. Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the rider on behalf of the TNC driver that lists: (1) The origin and destination of the trip; (2) The total time and distance of the tr…
2 Del. C. § 1908. Financial responsibility of transportation network companies.
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§ 1908. Financial responsibility of transportation network companies. On or before August 10, 2016, and thereafter, a transportation network company driver or transportation network company on the TNC driver’s behalf shall maintain primary automobile insurance that: (1) Recognize…
2 Del. C. § 1909. Disclosures.
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§ 1909. Disclosures. (a) The transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a prearranged ride on the transportation network company’s digital network: (1) The insura…
2 Del. C. § 1910. Automobile insurance provisions.
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§ 1910. Automobile insurance provisions. (a) Insurers that write automobile insurance in Delaware may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a TNC driver is logged on to …
2 Del. C. § 1911. Limitation on TNCs.
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§ 1911. Limitation on TNCs. Notwithstanding any other provision of law, TNC drivers shall be independent contractors and not employees of the TNC if all of the following conditions are met: (1) The TNC does not prescribe specific hours during which a TNC driver must be logged int…
2 Del. C. § 1912. Zero tolerance for drug or alcohol use.
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§ 1912. Zero tolerance for drug or alcohol use. (a) The TNC shall implement a zero tolerance policy regarding a TNC driver’s activities while accessing the TNC’s digital platform. The zero tolerance policy shall address the use of drugs or alcohol while a TNC driver is providing …
2 Del. C. § 1913. TNC driver requirements.
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§ 1913. TNC driver requirements. (a) Before allowing an individual to accept trip requests through a TNC’s digital platform: (1) The individual shall submit to the TNC information or documents from which a TNC can verify that the individual satisfies the requirements set forth in…
2 Del. C. § 1914. Vehicle safety.
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§ 1914. Vehicle safety. The TNC shall verify on an annual basis that: (1) Each TNC vehicle registered in Delaware that is required to pass a safety inspection for registration has a valid vehicle registration, which serves as proof that the vehicle passed its most recent safety i…
2 Del. C. § 1915. No street hails.
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§ 1915. No street hails. A TNC driver shall not solicit or accept street hails.80 Del. Laws, c. 374, § 1;
2 Del. C. § 1916. No cash trips.
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§ 1916. No cash trips. The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from riders and notify TNC drivers of such policy. TNC drivers shall not solicit or accept cash payments from riders for fares. Any payment for prearranged rides shall be m…
2 Del. C. § 1917. No discrimination; accessibility.
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§ 1917. No discrimination; accessibility. (a) The TNC shall adopt a policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, gender identity, or any other basis protected unde…
2 Del. C. § 1918. Records.
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§ 1918. Records. A TNC, or a third party on the TNC’s behalf, shall maintain the following customer records: (1) Individual trip records for at least 1 year from the date each trip was provided; (2) Individual records of TNC driver customers at least until the 1-year anniversary …
2 Del. C. § 1919. Audits and inspection of records.
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§ 1919. Audits and inspection of records. (a) In response to a specific complaint, the Division or its employees or duly authorized agents may inspect those records held by a TNC that are specifically necessary for the investigation and resolution of the complaint. (b) No more th…
2 Del. C. § 1920. Compliance with state law and defensive driving course.
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§ 1920. Compliance with state law and defensive driving course. A TNC must advise TNC drivers that they are responsible for complying with all applicable laws, including the State’s hands-free cell phone law. A TNC must provide to each TNC driver domiciled in the state informatio…
2 Del. C. § 1921. Penalties.
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§ 1921. Penalties. (a) The Division is authorized to enforce the requirements of this chapter. The Court of Common Pleas has jurisdiction over contested violations issued under this section. (b) A TNC or TNC driver who fails to comply with any requirement contained in this chapte…
2 Del. C. § 1922. Controlling authority.
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§ 1922. Controlling authority. The Division may promulgate rules and regulations consistent with this chapter that are necessary to ensure compliance with this chapter or to address new industry developments not addressed explicitly in this chapter. Notwithstanding any other prov…
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…
2 Del. C. § 2101. Declaration of policy.
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§ 2101. Declaration of policy. It is the policy of this State to: (1) Encourage development that maximizes the economic value to the citizens and the government of the State of both existing and new transportation infrastructure. (2) Strategically deploy transportation funds in w…
2 Del. C. § 2102. Definitions.
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§ 2102. Definitions. As used in this chapter: (1) “Complete Community Enterprise District” or “District” means an area of a municipality or county, or both, that meets the criteria set forth in §§ 2103 and 2104 of this title. (2) “Department” means the Department of Transportatio…
2 Del. C. § 2103. District designation.
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§ 2103. District designation. (a) Any municipality, county, or municipality-county partnership may enter into an agreement with the Department to create a Complete Community Enterprise District. (b) (1) A municipality, county, or municipality-county partnership and the Department…
2 Del. C. § 2104. District requirements.
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§ 2104. District requirements. A Complete Community Enterprise District must meet all of the following requirements: (1) Be contiguous. (2) Be no more than 9 square miles in area. (3) Be a compact shape that is not a linear corridor. (4) Be zoned and otherwise regulated such that…
2 Del. C. § 2105. District policies.
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§ 2105. District policies. Once a District has been created, the Department shall: (1) Develop transit capital improvement projects with the goal of increasing transit ridership in the District that would result in a greater farebox recovery ratio. (2) Identify the most significa…
2 Del. C. § 2106. Authority, role, and responsibility of municipalities and counties.
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§ 2106. Authority, role, and responsibility of municipalities and counties. Nothing in this chapter may be construed to deny to a municipality or county its final decision making authority over proposed land use planning actions.80 Del. Laws, c. 224, § 1;