Title 21 — Motor Vehicles

§ 2811. Determination by the Attorney General. In any case in which a person is charged with driving a motor vehicle while that person’s license, permit or privilege to drive is suspended or revoked or is charged with driving without a license, the court shall require the Attorne…

§ 2812. No existing law modified. Nothing in this chapter shall be construed as amending, modifying or repealing any existing law of this State or any existing ordinance of any political subdivision relating to the operation of motor vehicles, the licensing of persons to operate …

§ 2813. Computation of number of convictions. In computing the number of convictions, all convictions must result from offenses occurring subsequent to June 8, 1972, except that convictions for offenses designated in § 2802(1)j. and k. of this title shall only be computed if the …

§ 2814. Additional penalty when convicted of an offense which would render an individual an habitual offender. If any person shall be convicted in this State of an offense which would render that individual an habitual offender as defined in this chapter, the person shall, in add…

§ 3101. Identification cards. Every person residing in the State who desires to obtain an identification card shall apply to the Division of Motor Vehicles.21 Del. C. 1953, § 3101; 58 Del. Laws, c. 516; 65 Del. Laws, c. 37, § 1;

§ 3102. Application. (a) Every application for an identification card shall be made on an application form furnished by the Division. The original application shall be verified by the applicant before a person authorized to administer oaths. (b) Every application shall state the …

§ 3103. Issuance fee; renewal; qualifications. (a) Upon receipt of the application and a fee of $40, the Division shall issue an identification card which shall expire and be renewable on the eighth anniversary date of the birth of the applicant next following the date of its iss…

§ 3104. Contents of identification cards. (a) Every identification card shall bear a distinguishing number assigned to the holder and shall contain the name, date of birth, address, a photograph of the holder taken by the Department of Transportation and a brief description of th…

§ 3105. Issuance of replacement cards; fee [For application of this section, see 85 Del. Laws, c. 40, § 15]. (a) In the event that any identification card issued under this chapter is lost or destroyed, the person to whom it was issued may apply to the Division for the issuance o…

§ 3106. Signature. Every holder of an identification card shall write the holder’s usual signature, in a manner acceptable to the Department, in the space provided for that purpose on the card and such card shall not be valid until the card is so signed.21 Del. C. 1953, § 3106; 5…

§ 3107. False statements. Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed is guilty of perjury and shall be fined or imprisoned as the law provides.21 Del. C. 1953, § …

§ 3108. Penalties. (a) Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense, the person shall be fined not less than $50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, …

§ 3201. Definitions. In this chapter: (1) “Agent” means a person granted authority to act for the benefit of a principal under a limited durable power of attorney for completing all paperwork necessary to accomplish any required action(s) set forth in this title, whether denomina…

§ 3202. Applicability. (a) (1) This chapter shall only apply to limited durable powers of attorney which are executed for the sole purpose of completing documentation required and allowable by the Department to accomplish certain actions set forth in this title. (2) The provision…

§ 3203. Power of attorney is durable. A power of attorney is durable if it contains the words: “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be …

§ 3204. Execution of personal power of attorney — Requirements; notice; certification. (a) A personal power of attorney must be: (1) In writing; (2) Signed by the principal or by another person subscribing the principal’s name in the principal’s presence and at the principal’s ex…

§ 3205. Execution of personal power of attorney— Validity; limited durable power of attorney; copies. (a) A personal power of attorney is validly executed if it complies with § 3204 of this title, unless such personal power of attorney provides that it is governed by the laws of …

§ 3206. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary. (a) The appointment by a court of a guardian or other fiduciary charged with the management of the principal’s property or the care of the principal’s person shall terminate all …

§ 3207. When the personal power of attorney is effective. A personal power of attorney is effective when executed.83 Del. Laws, c. 149, § 1;

§ 3208. Termination of personal power of attorney or agent’s authority. (a) A personal power of attorney terminates when: (1) The principal dies; (2) The principal revokes the personal power of attorney; (3) A terminating event set forth in the personal power of attorney occurs; …

§ 3209. Concurrent agents, joint agents, and successor agents. (a) A principal may designate 2 or more persons to act as concurrent agents. Each concurrent agent may exercise its authority independently. (b) A principal may designate 2 or more persons to act as joint agents. No j…

§ 3210. Reimbursement and compensation of agent. (a) An agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal. (b) An agent shall not be entitled to compensation unless: (1) The personal power of attorney so provides; and (2) The compensati…

§ 3211. Agent’s acceptance. Except as otherwise provided in the personal power of attorney, a person accepts appointment as an agent under a personal power of attorney by signing the agent’s certification (pursuant to § 3204 of this title) or by exercising authority or performing…

§ 3212. Agent’s duties. (a) Notwithstanding provisions in the personal power of attorney, an agent that has accepted appointment pursuant to a personal power of attorney shall, in connection with exercising the authority granted to such agent therein: (1) Act in accordance with t…

§ 3213. Exoneration of agent. A provision in a personal power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision: (1) Relieves the agent of liability for breach o…

§ 3214. Judicial relief. (a) A person designated in subsection (b) of this section may petition the Court of Chancery requesting that the Court: (1) Determine whether the personal power of attorney or the authority of an agent is in effect or has terminated pursuant to § 3208 of …

§ 3215. Agent’s resignation; notice. Unless the personal power of attorney provides a different method for an agent’s resignation, an agent may resign by giving written notice to the principal and, if the principal is incapacitated: (1) To the guardian, if 1 has been appointed fo…

§ 3216. Acceptance of and reliance upon acknowledged personal power of attorney. (a) For purposes of this section, “acknowledged” means purportedly verified before a notarial officer or contain an electronic signature acceptable to the Department. (b) A person that in good faith …

§ 3217. Acceptance of electronic signatures. The Department may accept electronic signatures on any documents required to be submitted pursuant to this title.83 Del. Laws, c. 149, § 1;

§ 3301. Transporter license requirements. (a) No individual, corporation, partnership, sole-proprietorship, or other legal entity may carry on or conduct the business of transporting vehicles unless issued a transporter license by the Division of Motor Vehicles. A transporter lic…

§ 3302. Transporter location and business requirements. (a) Except as provided herein, a transporter license may not be issued to a vehicle transporter unless the transporter has an established place of business that is owned, rented, or leased by the transporter, and which meets…

§ 3303. Issuance of transporter license. Upon receiving an application for a transporter license from an applicant and determining, so far as possible, that the applicant is of good character and that the applicant has complied with and reasonably can be expected to comply with t…

§ 3304. Expiration and renewal of transporter license. (a) Each license issued under this chapter must expire either 12 or 24 months after issuance or renewal. (b) A transporter license expires upon the expiration date unless properly renewed under procedures or regulations promu…

§ 3305. Prohibited acts. (a) A licensed transporter, or any agent or employee of the transporter, may not permit any individual to operate a vehicle or mobile home bearing a transporter plate if they know the individual does not have a valid driver’s license. (b) A licensed trans…

§ 3306. Acts of officers, directors, partners, employees, and agents. (a) If a licensed transporter is a partnership or corporation, it is sufficient cause for the denial, suspension, or revocation of the license if any officer, director, or trustee of the partnership or corporat…

§ 3307. Denial of an application for licensure or renewal of a transporter license; suspension or revocation of a transporter license. (a) The Division may deny an original or renewal application for licensure, or may suspend or revoke a transporter license if the applicant or li…

§ 3308. Notification of intent to suspend or revoke a license or deny an original or renewal application. (a) No transporter license issued under this title may be suspended or revoked, nor may an application for licensure or renewal be denied, unless a notice of the Division’s i…

§ 3309. Effect of denial of original or renewal application or revocation on applicant or licensee. (a) A transporter whose application for licensure or renewal has been denied, or whose license has been revoked, may not be employed by any other licensed transporter or dealership…

§ 3310. Hearings. (a) If a transporter timely requests a hearing to contest any proposal to suspend or revoke a license, to deny an original or renewal application for a license, or to extend any period of suspension or other time period established under this chapter, the Divisi…

§ 3311. Return of license and transporter plates. If a licensed transporter fails to renew the transporter’s license, or if the Division revokes a transporter license or denies the renewal of a transporter licensed under this chapter, the transporter must immediately return both …

§ 3312. Cease and desist orders and injunctive relief. (a) In addition to the legal remedies provided for in this chapter, the Division has authority to issue cease and desist orders to any person, corporation, partnership, or other legal entity who violates this chapter. (b) The…

§ 4201. Duty of driver involved in collisions resulting in property damage or injury. (a) The driver of any vehicle involved in a collision resulting in apparent damage to property shall immediately stop such vehicle at the scene of the collision. Said stop should be made as clos…

§ 4202. Duty of driver involved in collision resulting in injury or death to any person; penalty. (a) The driver of any vehicle involved in an collision resulting in injury or death to any person shall immediately stop such vehicle at the scene of such collision. Said stop should…

§ 4203. Duty to report collisions; evidence. (a) After complying with the requirements of §§ 4201 and 4202 of this title, the driver of any vehicle involved in the following described vehicular collisions shall immediately report such collision to the police agency which has prim…

§ 4204. Report of damaged vehicles; cars involved in fatal collisions. (a) The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious collision or struck by any bullet shall report to the neare…

§ 4205. Penalties. (a) Whoever violates this chapter or Chapter 41 of this title 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 $57.50 nor more than $95. All second offenses, befo…

§ 4205A. Classification of offenders sentenced to imprisonment under this title. (a) For offenses under this title, except those which involve injury or death caused to another person by the person’s driving or operation of the vehicle or which involve a driving under the influen…

§ 4206. Removal of vehicles from collision scene prohibited. No person shall remove from the scene of a collision resulting in apparent property damage any vehicle without the consent of the owner of any property which has been damaged in such collision unless a police officer is…

§ 4207. Uniformity of interpretation. Chapters 41 and 42 of this title shall be so interpreted and construed as to effectuate the general purpose of those chapters to make uniform among the states the law relating to motor vehicles.21 Del. C. 1953, § 4220; 54 Del. Laws, c. 160, §…

§ 4401. Purpose; abandoned vehicles on private property or public highways; definition. (a) The purpose of this chapter is to eliminate abandoned vehicles which tend to impede traffic in the streets or interfere with the enjoyment of, and reduce the value of, private property, to…