Title 21 — Motor Vehicles

§ 4402. Enforcement; removal of abandoned vehicles; transfer thereof. (a) This chapter shall be enforced with respect to state or public highways or property within a municipality which maintains a police force by that police force. In all other instances, the State Police or the…

§ 4403. Notice of removal. The police or the Department of Safety and Homeland Security causing the removal of an abandoned vehicle shall immediately ascertain the identity of any person or persons holding a lien against said vehicle. Within 5 days of the removal of the vehicle, …

§ 4404. Sale of abandoned vehicles; disposition of proceeds. The Department of Safety and Homeland Security shall have a possessory lien against said abandoned vehicles and shall have a right to sell said abandoned vehicles after complying with the notice and sale provisions outl…

§ 4405. Sale as barring claims or interests. Upon the sale of a vehicle pursuant to this chapter, all claims or interest therein shall be forever barred.21 Del. C. 1953, § 4405; 55 Del. Laws, c. 173.;

§ 4406. Issuance of certificate of title. The Secretary of Transportation shall issue a certificate of title to the purchaser of a vehicle sold pursuant to this chapter.21 Del. C. 1953, § 4406; 55 Del. Laws, c. 173; 57 Del. Laws, c. 670, § 16B; 74 Del. Laws, c. 110, § 95;

§ 4407. Secretary of Public Safety; rules and regulations. The Secretary of Public Safety may make and promulgate rules and regulations to implement this chapter.21 Del. C. 1953, § 4407; 55 Del. Laws, c. 173; 57 Del. Laws, c. 670, § 16A;

§ 4408. Immunity of police officers, Department of Safety and Homeland Security employees and garage persons towing or storing vehicles. No law-enforcement officer or agent or employee of the Department of Safety and Homeland Security, Department of Transportation, State Police o…

§ 4409. Rights and authority granted to be in addition to other rights and authority. The rights and authority conferred by this chapter shall be in addition to, and not in lieu of, any other rights or authority possessed by any public officer or property owner with respect to ab…

§ 4410. Wreckers; removal; licenses; records; contract. (a) A wrecker, licensed by the Department of Safety and Homeland Security (hereinafter “Department”) or its successor upon the procurement from the Department of the license with the appropriate decal affixed thereto, shall …

§ 4411. Storage area for abandoned vehicles. The Department of Safety and Homeland Security or State Police shall designate the area or areas in each county which shall be used for the storage of abandoned vehicles.21 Del. C. 1953, § 4411; 57 Del. Laws, c. 713, § 9; 58 Del. Laws,…

§ 4412. Vehicles left in possession of garage and/or service station; limitations. Any vehicle left in the possession of a garage or service station which is in operation as a going business shall not be considered for purposes of this chapter an abandoned vehicle, even though th…

§ 4413. Antique cars or parts thereof; exception. Anyone maintaining an inventory of antique cars or parts thereof shall not be subject to this chapter, provided the antique cars or parts thereof are housed in a building consisting of 4 sides and a roof and are not visible from t…

§ 4414. Penalty; prima facie evidence of wilful abandonment; jurisdiction. (a) Any person who wilfully abandons a vehicle within the right-of-way of any highway of this State or upon the property of another without consent, and any person who, being the owner of an abandoned vehi…

§ 4415. Disposal of vehicles 8 years of age or older by wrecker owners. (a) This section applies to motor vehicles whose model year age is 8 years of age or older on the date of towing. (b) Any wrecker owner is vested with a lien as defined in § 3901 of Title 25 upon taking posse…

§ 4416. Vehicles left or abandoned on public highways. Any other provision of this chapter notwithstanding, in the event a motor vehicle is left unattended within the right-of-way of a “public highway” or state highway, or any state-maintained street, road or bridge and is determ…

§ 4501. Size and weight of vehicles generally. (a) No person shall drive or move, or, being the owner, cause or knowingly permit to be driven or moved on any highway, any vehicle or combination of vehicles: (1) Having a size or weight exceeding the limitations stated in this chap…

§ 4502. Size and weight of vehicles except on interstate highways, federal-aid primary system highways and United States numbered routes. (a) Except as provided in § 4503 of this title, this section sets forth the size and weight restrictions applicable to all roads, streets and …

§ 4503. Size and weight of vehicles on interstate highways; size of vehicles on federal-aid primary system highways and United States numbered routes. (a) No person shall drive or move or, being the owner, cause or knowingly permit to be driven or moved on any interstate highway,…

§ 4504. Regulations; fees; permits for excessive size and weights. (a) The Secretary of Transportation may adopt such regulations, issue permits and may impose such fees as the Secretary may deem reasonable to implement the requirements of this chapter. The fee for permits issued…

§ 4505. Traffic control devices. (a) For purposes of this section: (1) “Commercial vehicle” means as defined under § 101 of this title and includes a truck. (2) “Local service” means an origin, destination, or service located directly on a restricted roadway segment or at a locat…

§ 4506. Enforcement authority. (a) (1) Any police officer, having reason to believe that the weight of a vehicle and load is unlawful, or during the course of a routine check of all applicable vehicles, may weigh the vehicle by means of a portable or stationary scale or may requi…

§ 4507. Weighing equipment and procedures. (a) The Secretary of Safety and Homeland Security may adopt such regulations and procedures as may be necessary to implement this section and to select such equipment as may be necessary for law-enforcement weighing purposes. (b) Equipme…

§ 4508. Penalties. (a) Any person who violates any requirement of this chapter, relating to size or weight of a vehicle or a combination of vehicles or restrictions regarding parking in residence districts pursuant to § 4512 of this title, shall be punished as follows: (1) A firs…

§ 4509. Jurisdiction. (a) Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this chapter. Upon a finding of guilt, such justice of the peace may impose such penalties or combination of penalties as are permitted by thi…

§ 4510. Conflict with federal requirements. (a) Any conflict between a provision of this chapter and any federal law or implementing regulation, such provision of this chapter shall be void and of no force and effect and unenforceable. Any such provision of this chapter declared …

§ 4511. Removal of disabled or abandoned trucks and trailers from highways. A tow truck or wrecker may, without regard to the limitations of the length, weight or width as specified in this chapter, tow disabled or abandoned truck, trucks and trailers, or truck and semitrailers f…

§ 4512. Oversized motor vehicle and trailer parking. (a) In any residence district it shall be unlawful to park, store, or permit to be parked or stored on a highway within such residence district any of the following: (1) Trailer, semi-trailer, or recreational trailer unattached…

§ 4513. Truck monitoring system. (a) Definitions. — As used in this section: (1) “County” means the 3 counties of this State: New Castle, Kent, and Sussex. (2) “County law” means any legislative, administrative, or other law or policy implemented by the governing body of a county…

§ 4601. Introduction, sale, distribution or advertisement for sale to public of motor vehicle master keys; penalties. (a) Whoever knowingly introduces, manufactures for introduction or transports or distributes in this State any motor vehicle master key shall be fined not more th…

§ 4602. Exemptions. Section 4601 of this title shall not apply to: (1) The introduction, manufacture for introduction, transportation, distribution, sale or possession in this State of motor vehicle master keys for use in the ordinary course of business by any bona fide locksmith…

§ 4603. Reporting of keys; penalties. Any person, corporation, agency, association, club, department or carrier possessing any master key pursuant to this chapter shall, before May 30, 1969, and every 6 months thereafter, submit to the Secretary of Public Safety of this State a l…

§ 4604. Possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock picking devices and hot wires; penalty; class E felony. (a) No person shall have in possession any motor vehicle master key, manipulative key or device, key-cutting device,…

§ 4701. Statement of legislative purpose. The purpose of this chapter is to reduce truck and bus related accidents on our highways by minimizing the causes related to mechanical failures, driver error and careless safety practices by motor carriers, and to standardize regulations…

§ 4702. Adoption of federal requirements — In general. (a) Except as modified by this chapter, the State hereby adopts, as the laws of Delaware governing motor carrier safety, the following parts of the Code of Federal Regulations, as published and as subsequently amended: Title …

§ 4703. Adoption of federal requirements — Amendments of 49 C.F.R. Part 390. Amend § 390.3 of 49 C.F.R. Part 390 by adding “and intrastate” after the word “interstate” and before the word “commerce.”65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 1; 74 Del. Laws, c. 217, § 19;

§ 4704. Adoption of federal requirements — Amendments of 49 C.F.R. Part 391. (a) Section 391.11(b)(1) of 49 C.F.R. Part 391 is stricken in its entirety and in its place is inserted the following: “(1) Is at least 21 years old if engaged in interstate commerce or at least 18 years…

§ 4705. Adoption of federal requirements — Amendments of 49 C.F.R. Part 392. (a) Amend § 392.4 of 49 C.F.R. Part 392 by adding a new subparagraph (e) to read as follows: “(e) Nothing in this section shall preclude prosecution under § 4177 of this title.” (b) Amend § 392.5 of 49 C…

§ 4706. Adoption of federal requirements — Amendment of 49 C.F.R. Part 393. Repealed by 74 Del. Laws, c. 217, § 22, eff. Sept. 30, 2005.

§ 4707. Adoption of federal requirements — Amendment of 49 C.F.R. Part 395. (a) Amend 49 C.F.R. § 395.3(b) by striking the word “No” as it appears as the first word thereof, and by substituting in lieu thereof the phrase, “Unless an emergency waiver is issued by the Director of t…

§ 4708. Adoption of federal requirements — Amendments of 49 C.F.R. Part 396. (a) Subsection (a) of 49 C.F.R. § 396.9 is stricken in its entirety and the following is substituted in its place: “(a) Personnel authorized to perform inspections — Every special agent of the Federal Hi…

§ 4709. Fines, penalties, voluntary assessments. (a) Any person, driver or motor carrier who violates any subpart of this chapter, or fails to do any act required by any subpart in this chapter or does any act forbidden in this chapter or subpart of the Code of Federal Regulation…

§ 4710. Authority to place vehicle, etc., out of service. The Secretary of Public Safety, the Secretary of Safety and Homeland Security’s deputies, state police and other police officers authorized by law to make arrests for violations of the motor vehicle and traffic laws of the…

§ 4711. Jurisdiction. Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this chapter.65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 8;

§ 4712. Authority to enforce regulations. (a) The Secretary of Public Safety, the Secretary of Safety and Homeland Security’s deputies, state police and other sworn police officers are hereby authorized to make arrests without a warrant for any violation of this chapter committed…

§ 4713. Authority to promulgate rules and regulations. The Secretary of Public Safety has authority to promulgate rules and regulations to carry out the stated purposes of this chapter.65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 8;

§ 4714. Conflicts with other requirements of Delaware Motor Vehicle Code. (a) Nothing contained in this chapter shall be construed to prohibit the use of additional equipment and accessories, not inconsistent with or prohibited by this chapter, provided such equipment and accesso…

§ 4801. Short title. This chapter shall be known and may be cited as the “Occupant Protection System Safety Act.”68 Del. Laws, c. 34, § 1; 74 Del. Laws, c. 277, § 2;

§ 4802. Driver requirements; exceptions; sales requirements; working condition of system. (a) (1) The driver of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat belt which meets the applicable federal motor vehicle saf…

§ 4803. Child restraint in motor vehicles. (a) (1) The driver shall be responsible, when transporting a child under the age of 16 in a motor vehicle operated on the roadways, streets, or highways of this State, for providing protection of the child by properly securing the child …

§ 6101. Negligence of owners and drivers of rented vehicles; insurance of liability. (a) The owner of a motor vehicle who is engaged in the business of renting motor vehicles without drivers, who rents a vehicle without a driver to another, other than as a part of a bona fide tra…