Title 21 — Motor Vehicles

§ 6102. Notification by owner of intention to rent vehicle. No owner of any motor vehicle who is engaged in the business of renting motor vehicles without drivers shall rent a motor vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale o…

§ 6103. Records required of owners of rented vehicles; inspection; forms. (a) Every person engaged in the business of renting motor vehicles without drivers, who rents any such vehicle without a driver, otherwise than as part of a bona fide transaction involving the sale of such …

§ 6104. Liability of parent, guardian, or employer for negligence of minor. (a) (1) Except as otherwise provided under paragraph (a)(2) of this section and § 6106 of this title, any negligence of a minor under age 18 driving a motor vehicle on a highway of this State, who has bee…

§ 6105. Liability of owner for negligence of minor. Except as provided under § 6106 of this title, every owner of a motor vehicle who causes or knowingly permits a minor under the age of 18 years to drive such vehicle upon a highway and any person who gives or furnishes a motor v…

§ 6106. Liability of foster parent for negligence of a child or individual. (a) For purposes of this section, “foster parent” means as defined in § 2302 of Title 13. (b) When a child or an individual identified in § 9011A(g)(1) of Title 29 procures a valid policy of insurance thr…

§ 6201. Blue Envelope Program. (a) The Delaware State Police and designated partners shall provide and make available upon request an information envelope, or “blue envelope,” for use by a person with disabilities. (b) The blue envelope must meet the following: (1) Be capable of …

§ 6301. Definitions [For application of this section, see 79 Del. Laws, c. 161, § 5]. As used in this chapter: (1) “Consignment” is when a vehicle owner enters into an agreement with a dealer for the sale of a vehicle without a transfer of ownership to the dealer. (2) “Dealer” or…

§ 6302. License requirements [For application of this section, see 85 Del. Laws, c. 40, § 15]. (a) Department approval. — No person, corporation, partnership, proprietorship or any other legal entity shall carry on or conduct the business of buying, selling or dealing in new or u…

§ 6303. Location requirements; records [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) Except as provided in § 6311(b) of this title, no dealers license shall be issued to any vehicle dealer unless the dealership has an established place of business owned, r…

§ 6304. Expiration and renewal of license. Each license issued under this title shall expire at midnight on December 31 of the period for which it was issued and may be renewed upon application to the Department prior to its expiration. Dealers who have not sold a minimum of 5 ve…

§ 6305. Bill of sale. Every motor vehicle dealer shall complete, in duplicate, a bill of sale for each sale or exchange of a motor vehicle. The original shall be retained for a period of 5 years. A duplicate copy shall be delivered to the purchaser at the time of sale or exchange…

§ 6306. Consignment vehicles-contract. Any motor vehicle dealer offering a vehicle for sale on consignment shall have in their possession a consignment contract for the vehicle, executed and signed by the dealer and the consignor. The consignment contract shall include the follow…

§ 6307. Wholesale Dealers. (a) A wholesale dealer who is licensed by the Division is authorized to do the following: (1) Buy a vehicle from another dealer, a licensed auto auction or retail seller; (2) Sell a vehicle to, or exchange vehicles only with another dealer or through a …

§ 6308. Auctions. (a) Each person who conducts auctions of vehicles shall keep a record of each of the following: (1) The name and address of the consignor or seller; (2) The date on which the vehicle was consigned; (3) The year, make, model and vehicle identification number of e…

§ 6309. Prohibited acts. (a) A dealer, its agent or an employee of a dealer may not permit any individual to road test a motor vehicle if they know the individual does not have a valid driver’s license. (b) A dealer or an agent or employee of a dealer may not commit any fraud in …

§ 6310. Acts of officers, directors, partners, and sales persons. If a licensee is a partnership or corporation, it shall be sufficient cause for the denial or suspension of a license if any officer, director or trustee of the partnership or corporation, or any member in the case…

§ 6311. License requirements [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) In the event any dealer intends to change a licensed location, the dealer shall provide the Division of Motor Vehicles advance written notice. A successful inspection of the new loc…

§ 6312. Issuance of dealer license [For application of this section, see 79 Del. Laws, c. 161, § 5]. Upon receiving a dealer license application for approval, and satisfied that the applicant is of good character and, so far as can be ascertained, the applicant has complied with …

§ 6313. Grounds for denying application for, or renewal of, dealer license; suspension or revocation of license [For application of this section, see 79 Del. Laws, c. 161, § 5]. A dealer license or renewal of license, applied for or issued pursuant to this chapter may be denied, …

§ 6314. Suspension and hearing notices. (a) No license issued under this title shall be suspended, revoked or renewal thereof refused, until a written copy of the complaint made has been furnished to the licensee against whom the same is directed. The written notice of complaint …

§ 6314A. Effect of suspension, revocation, or renewal refusal on licensee. (a) Dealers who have their dealer license suspended, revoked, or renewal refused pursuant to this title are prohibited from being employed at any dealership licensed pursuant to this title in any of the fo…

§ 6315. Hearings. (a) If the Division refuses an application for a license, denies a renewal of a license or proposes the suspension or revocation of a dealer’s license, the Division shall provide a hearing when requested under § 6314 of this title. At the hearing the licensee sh…

§ 6316. Return of license, dealer number plates, temporary license plates, and dealer reassignment forms. If the Division suspends, revokes or denies the renewal of the license of any dealer licensed under this chapter, the dealer immediately shall return the license, dealer numb…

§ 6317. Cease and desist orders and injunctive relief [For application of this section, see 79 Del. Laws, c. 161, § 5]. In addition to the legal remedies provided for in this chapter, the Division of Motor Vehicles is authorized to issue cease and desist orders to any person, cor…

§ 6318. Penalties. (a) Whoever violates any provision of this chapter shall be guilty of an unclassified misdemeanor and shall be fined not less than $50 nor more than $575. (b) Subsection (a) of this section shall not apply to violations for which penalties are prescribed elsewh…

§ 6401. Findings; purpose. The General Assembly hereby finds that purchasers when buying motor vehicles rely heavily on the odometer reading as an index of the condition and value of such vehicle; that purchasers are entitled to rely on the odometer reading as an accurate reflect…

§ 6402. Definitions. As used in this chapter: (1) “Dealer” or “dealership” means any person, corporation, partnership or limited partnership who has sold 5 or more motor vehicles within the 12 months preceding the date of a violation of this chapter. (2) “Lessee” means any person…

§ 6403. Unlawful devices. No person shall advertise for sale, sell, use or install or cause to be installed, any device which causes an odometer to register any mileage other than the true mileage traveled by a motor vehicle. For purposes of this section, the true mileage travele…

§ 6404. Unlawful change of mileage. (a) Unless otherwise provided in § 6406 of this title, no person shall disconnect, reset or alter or cause to be disconnected, reset or altered, the odometer of any motor vehicle. (b) Unless otherwise provided in § 6406 of this title, no person…

§ 6405. Possession with intent to defraud. No person shall, with intent to defraud, possess a motor vehicle knowing that the odometer of such vehicle is disconnected or nonfunctional.62 Del. Laws, c. 255, § 1;

§ 6406. Lawful service, repair or replacement. (a) Nothing in this chapter shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. Where the odometer is incapable of reg…

§ 6407. Disclosure of odometer information. (a) Each Delaware title, at the time it is issued to the transferee, must contain the mileage disclosed by the transferor when ownership of the vehicle was transferred and contain a space for the information required to be disclosed und…

§ 6408. Exemptions. Notwithstanding the requirements of § 6407 of this title: (1) A transferor or lessee of any of the following motor vehicles need not disclose the vehicle’s odometer mileage: a. A vehicle having a gross vehicle weight rating of more than 16,000 pounds. b. A veh…

§ 6409. Disclosure of odometer information for leased motor vehicles. (a) Before executing any transfer of ownership document, each lessor of a leased motor vehicle shall notify the lessee in writing that the lessee is required to provide a written disclosure to the lessor regard…

§ 6410. Disclosure of odometer information by power of attorney. (a) If the transferor’s title is physically held by a lienholder, or if the transferor to whom the title was issued by the State has lost the title and the transferee obtains a duplicate title on behalf of the trans…

§ 6411. Power of attorney to review title documents and acknowledge disclosure. (a) In circumstances where part A of a secure power of attorney form has been used pursuant to § 6410 of this title, and if otherwise permitted by State law, a transferee may give a power of attorney …

§ 6412. Certification by person exercising powers of attorney. (a) A person who exercises a power of attorney under both §§ 6410 and 6411 of this title must complete a certification that the person has disclosed on the title document the mileage as it was provided to the person o…

§ 6413. Access of transferee to prior title and power of attorney documents. (a) In circumstances in which a power of attorney has been used pursuant to § 6410 of this title, if a subsequent transferee elects to return to the transferee’s transferor to sign the disclosure on the …

§ 6414. Odometer disclosure statement retention. (a) Dealers and distributors of motor vehicles who are required by this chapter to execute an odometer disclosure statement shall retain for 5 years a photostat, carbon or other facsimile copy of each odometer mileage statement whi…

§ 6415. Odometer record retention for auction companies. Each auction company shall establish and retain at its primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval, for 5 years following the date of sale of each…

§ 6416. Security of title documents. Each title shall be set forth by means of a secure printing process or other secure process. In addition, any other documents which are used to reassign the title shall be set forth by a secure process.69 Del. Laws, c. 113, § 4;

§ 6417. Review of disclosure statements. (a) All disclosure statements and motor vehicles in the possession of a dealer shall be made available for review upon demand by the Division of Motor Vehicles or by its authorized agents. (b) The Secretary shall have the authority to prom…

§ 6418. Responsibilities of motor vehicle dealers. (a) No motor vehicle dealer, licensed in accordance with this title and Title 30 shall purchase or accept any motor vehicle unless the seller has indicated the mileage on a disclosure statement pursuant to this chapter. (b) No li…

§ 6419. Documents acceptable as odometer disclosure statements. (a) Except as provided in subsections (b) and (c) of this section, any Delaware certificate of title issued which includes the odometer disclosure information, as prescribed by this chapter, shall satisfy all the req…

§ 6420. Penalties; jurisdiction. (a) Any person who violates any of the provisions of § 6404(a) of this title, shall be fined not less than $10 nor more than $100. (b) Any person who violates any provisions in this chapter except § 6404(a) of this title shall be guilty of a misde…

§§ 6501-6521. Definitions; registration and license to operate; application for registration; issuance of registration certificate and tag; registration of manufacturers and dealers; application; issuance of certificate and number tags; expiration of registration upon transfer or…

§ 6801. OHV registration — Required. (a) Except as hereinafter provided, no person shall operate any off-highway vehicle within the State unless such vehicle has been registered in accordance with this chapter. Such registration shall not permit the vehicle to be operated on any …

§ 6802. OHV registration — Application; issuance. Application for registration shall be made to the Department or their authorized agent as provided for in Chapter 21 of this title in such form and in such manner as the Department shall prescribe and shall state the name and addr…

§ 6803. OHV registration — Fees. (a) The fee for registration of each off-highway vehicle, other than those registered by a dealer or manufacturer pursuant to subsection (b) of this section, shall be $6.00 for 3 years. The fee for a duplicate registration certificate shall be $2.…

§ 6804. OHV registration — Renewal of registration. Every owner of an off-highway vehicle shall renew the registration in such manner as the Department shall prescribe, upon payment of the same registration fees provided in § 6803 of this title.61 Del. Laws, c. 142, § 6; 70 Del. …