Title 21, Motor Vehicles

§ 2331. Evidence of liens on application for a certificate of title. Every application for a certificate of title shall contain a section where the applicant must disclose any and all liens on the vehicle to be titled.Code 1915, § 254K; 32 Del. Laws, c. 8; 34 Del. Laws, c. 17; 35…

§ 2332. Notation of liens and encumbrances on certificate of title. Each certificate of title shall contain a statement of the owner’s title and of the liens and encumbrances upon the vehicle therein described as noted in the application and whether possession is held by the owne…

§ 2333. Uniform Commercial Code — Filing requirements not applicable when there is compliance with this title. In accordance with § 9-311(a)(2) of Title 6 (Uniform Commercial Code), where a lien is required to be filed and noted on a certificate of title pursuant to this title, n…

§ 2334. Uniform Commercial Code — Requirements applicable to security interest in inventory of motor vehicles. This title does not apply to the creation or perfection of a security interest in a motor vehicle held by the debtor as inventory held for sale. The validity and effect …

§ 2335. Application for recording lien upon motor vehicle where certificate is outstanding [For applicability of this section, see 80 Del. Laws, c. 77, § 23]. (a) In the event that any claim of any kind is sought to be secured upon any motor vehicle for which a certificate of tit…

§ 2336. Recording liens; fee. The Director shall keep a record of liens or encumbrances upon motor vehicles for a period of 8 years from the date of entering such lien or encumbrance on any certificate of title. For making entry on liens or encumbrances in the aforementioned reco…

§ 2337. Priority of liens. Liens or encumbrances on a motor vehicle properly set out in the application for a certificate of title, whereby any such liens or encumbrances are sought to be secured on a motor vehicle, shall for all purposes be valid from the date of the issuance of…

§ 2338. Duration of liens in favor of firms which cease to do business. Any lien recorded in favor of a firm or corporation which, since the recording of such lien, has dissolved, ceased to do business or gone out of business for any reason, and which remains of record as a lien …

§ 2339. Satisfaction of liens. Within 30 days from the date of final payment being made on any lien or encumbrance recorded under this subchapter, the certificate of title shall be signed accordingly in the manner prescribed by the Department. Upon the certificate of title being …

§ 2340. Failure to satisfy lien after payment; satisfaction by Secretary; penalty. For failure to satisfy any lien or encumbrance within 30 days after final payment has been made, the lien holder shall be fined not less than $25 nor more than $100. Proceedings for enforcement of …

§ 2341. Transfer of title without disclosure of liens. Any person, association of persons, firm or corporation and every agent or officer thereof participating in the transaction, who shall assign, transfer or set over, or cause to be assigned, transferred or set over, to any per…

§ 2342. Terminal rental adjustment clauses. In the case of motor vehicles or trailers, notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted un…

§ 2351. Violations of chapter. (a) Whoever violates this chapter shall be fined not less than $25 nor more than $500, or imprisoned not less than 30 days nor more than 1 year or both. (b) This section shall not apply to violations for which a specific punishment is set forth in t…

§ 2501. Expiration of registration upon transfer of title. Whenever the owner of a vehicle registered under this title transfers or assigns the title or interest thereto, the registration of such vehicle shall expire.36 Del. Laws, c. 10, § 15; Code 1935, § 5553; 43 Del. Laws, c. …

§ 2502. Endorsement and delivery of registration card upon transfer. An owner, upon transferring a registered vehicle, shall endorse the name and address of the transferee and the date of transfer upon the registration card issued for such vehicle and shall immediately give or se…

§ 2503. New certificate of title, registration and inspection; exceptions [For applicability of this section, see 80 Del. Laws, c. 77, § 23]. (a) The transferee of a Delaware registered vehicle shall make application for a new certificate of title immediately following purchase, …

§ 2504. Transfer to a dealer; transfer by a dealer. (a) If the transferee is a dealer, the owner upon transferring a registered vehicle shall properly endorse the registration card and deliver it together with the certificate of title properly assigned to the dealer who shall imm…

§ 2505. Transfer to automotive recycler. (a) Whenever an automotive recycler purchases or otherwise acquires any vehicle, whether registered or unregistered, for the purpose of wrecking or dismantling it in order to resell the parts thereof, such automotive recycler shall obtain …

§ 2506. Transfer by operation of law; duty of transferee. In the event of the transfer by operation of law of the title or interest of an owner in and to a vehicle as upon transfer-on-death, inheritance, devise or bequest, order in bankruptcy or insolvency or execution sale, the …

§ 2507. Retitling vehicle in another state. Whenever any motor vehicle for which a title has been issued by the Department, whether such vehicle is registered or unregistered, is removed from this State, through transfer or otherwise, for the purpose of retitling the vehicle in a…

§ 2508. Fee to transfer title [For applicability of this section, see 80 Del. Laws, c. 77, § 23]. The fee for transferring title to a vehicle shall be $35. A $35 penalty fee shall be charged for the issuance of a new certificate of title on a Delaware titled vehicle when the appl…

§ 2509. Delivery of title application to Department. If a licensed dealer holds for sale a motor vehicle, truck tractor, trailer or any other vehicle required by this title to be registered or titled by the Department and transfers the motor vehicle, truck tractor, trailer or oth…

§ 2510. Endorsement and delivery of certificate of title upon transfer; penalty [For applicability of this section, see 80 Del. Laws, c. 77, § 23]. (a) The owner of a motor vehicle for which a certificate of title is required shall not sell or transfer that title or interest in o…

§ 2511. Penalties. (a) Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $100, or imprisoned not less than 30 days nor more than 90 days or both. For each subsequent like offense, the person shall be fined not less than $100 nor mo…

§ 2512. Transfer for salvage. (a) Except as provided under subsection (g) of this section, when a registered or unregistered motor vehicle, for which a title has been issued by the Department, is transferred as salvage as a result of a total loss insurance settlement, the insuran…

§ 2513. Duty of owner or holder of certificate of title in reference to stolen vehicles. Whenever any motor vehicle for which a title has been issued by the Department, whether such vehicle is registered or unregistered, is stolen, the owner or holder of the certificate of title …

§ 2514. Sale of used taxicabs; notice; inspection; penalty. (a) No person shall knowingly offer for sale or exchange in this State any motor vehicle which was previously licensed and used as a taxicab or for public transportation until the certificate of title for such motor vehi…

§ 2515. Sale of motor vehicles lacking catalytic converters. (a) No person shall sell a motor vehicle from which the catalytic converter has been removed without first advising the purchaser in writing and obtaining the purchaser’s signature upon said notification that the cataly…

§ 2601. Short title. This chapter may be cited as the “Uniform Commercial Driver License Act.”67 Del. Laws, c. 157, § 1;

§ 2602. Statement of intent and purpose. (a) The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub. Law 99-570) [49 U.S.C. § 521, Appendix §§ 2304, 2701-2716; repealed] and reduce or prevent commercial motor …

§ 2603. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. Notwithstanding any other provision of this title, the following definitions apply to this chapter: (1) “Alcohol” means any substance containing any form of alcohol, including, but not limited …

§ 2604. Limitation on number of driver licenses. No person who drives a commercial motor vehicle may have more than 1 driver license.67 Del. Laws, c. 157, § 1;

§ 2605. Notification required by driver. (a) Notification of convictions. — (1) To State. — Any driver holding a commercial driver license issued by this State, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in this or an…

§ 2606. Employer responsibilities. (a) Each employer must require the applicant to provide the information specified in § 2605(c) of this title. (b) No employer may allow, permit, or authorize a driver to drive a commercial motor vehicle during any period: (1) In which the driver…

§ 2607. Commercial driver license required. (a) Except when driving under a CLP and accompanied by the holder of a commercial driver license valid for the vehicle being driven or while being tested by the Department for a commercial driver’s license, no person may drive a commerc…

§ 2608. Commercial driver license qualification standards [For application of this section, see 85 Del. Laws, c. 40, § 15]. (a) Testing. — (1) General. — No person may be issued a commercial driver license unless that person is a resident of this State and has passed a knowledge …

§ 2609. Non-domiciled CDL or CLP. (a) The Division of Motor Vehicles may issue a non-domiciled CDL or CLP to an applicant who: (1) Is domiciled in a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and …

§ 2610. Application for commercial driver license or commercial learner permit. (a) The application for a commercial driver license or commercial learner permit must include the following: (1) The full name and current residential and mailing address of the person; (2) A physical…

§ 2611. Commercial driver license [For application of this section, see 85 Del. Laws, c. 40, § 15]. (a) Content of license. — The commercial driver license must be marked “Commercial Driver License” and must be, to the maximum extent practicable, tamper proof. It must include, bu…

§ 2612. Disqualification and cancellation. (a) A person operating a CMV while either holding a CDL, CLP, or being required to hold a CDL, CLP, or any CDL or CLP holder operating a non-CMV shall be disqualified from driving a commercial motor vehicle for a period of not less than …

§ 2613. Prohibited alcohol offenses for commercial motor vehicle drivers. (a) Notwithstanding any other provision of this title, a person may not drive, operate, or be in physical control of a commercial motor vehicle within this State while having any measurable amount of alcoho…

§ 2614. Implied consent requirements for commercial motor vehicle drivers. (a) A person who drives a commercial motor vehicle within this State is deemed to have given consent, subject to provisions of this title, to take a test or tests of that person’s blood or breath for the p…

§ 2615. Notification of traffic convictions. (a) Whenever a person who holds a CDL from another state is convicted of a violation of this State or local law relating to motor vehicle traffic control (other than a parking violation), in any type of vehicle, the Division must notif…

§ 2616. Driving record information to be furnished. Notwithstanding any other provision of law to the contrary, the Division of Motor Vehicles must furnish full information regarding the driving record of any person: (1) To the driver license administrator of any other state, or …

§ 2617. Rulemaking authority. The Department may adopt any rules and regulations necessary to carry out the provisions of this chapter.67 Del. Laws, c. 157, § 1;

§ 2618. Authority to enter agreements. The Department may enter into or make agreements, arrangements, or declarations to carry out the provisions of this chapter.67 Del. Laws, c. 157, § 1;