Title 21 — Motor Vehicles

§ 6805. OHV registration — Procedure. (a) Upon receipt of the required fee and an application on forms prescribed by it, the Department shall issue to the applicant a registration certificate stating the registration number, the name and address of the owner and such other inform…

§ 6806. Surrender of registration certificate. (a) The owner of an OHV shall notify the Department within 15 days if the OHV is destroyed or abandoned, stolen, sold or an interest therein transferred either wholly or in part to another person or if the owner’s address no longer c…

§ 6807. Out-of-state OHV registration. The Department shall issue a 1-year registration number decal, valid for the present calendar year, to out-of-state OHVs operated by a resident of a state or county where registration is not required. The fee for this decal shall be $6.00.61…

§ 6808. Age requirements. No application for an original certificate of registration shall be accepted by the Department from any person under 18 years of age unless said certificate is signed by at least 1 parent or guardian of said person, stating consent to said application.61…

§ 6809. OHV dealer license required. OHV dealers, as defined in § 101 of this title, shall be licensed by the Department in accordance with such rules and regulations as may be promulgated by the Secretary. A fee of $50 shall be assessed for such license which shall be valid for …

§ 6810. Exceptions and exemptions to OHV registration. (a) A vehicle registered under this title, Title 23 (boats) or Title 2 (aircraft) is exempt from the registration provisions of this chapter. (b) Registration is not required for an OHV which is operated exclusively in a spec…

§ 6811. Vehicle identification number. (a) Beginning not later than January 1, 1978, a manufacturer of an OHV shall stamp or permanently affix to the frame or body members of the OHV an identifying number unique to that vehicle in an easily visible location. The vehicle identific…

§ 6812. Special vehicles. The owner of a specially constructed or reconstructed OHV may make application, accompanied by the required fees, in such form as may be prescribed by the Department, for a special vehicle identifying number. The owner shall furnish such information as w…

§ 6813. Specific OHV dealer responsibilities for rented or leased OHVs. (a) A dealer shall maintain in safe operating condition an OHV offered for rent or lease by the dealer. The dealer, the dealer’s agents or employees shall explain the operation of the OHV being rented or leas…

§ 6814. Operation of OHVs — Upon public highways, streets, sidewalks or rights-of-way; penalties for violation. (a) OHVs shall not be operated upon a public highway or street or sidewalk or right-of-way thereof located within this State except under the following conditions: (1) …

§ 6815. Operation of OHVs — Excessive rate of speed. A person shall not operate an OHV at a rate of speed which cannot be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance.61 Del. Laws, c. 142, § 6;

§ 6816. Operation of OHVs — While under the influence or with a prohibited alcohol or drug content. A person shall not operate an OHV while under the influence of alcohol, any drug, a combination of drugs and alcohol, or with a prohibited concentration of alcohol or illicit or re…

§ 6817. Operation of OHVs — Without lights. A person shall not operate an OHV during the period after sunset until sunrise without displaying a lighted headlight and lighted taillight.61 Del. Laws, c. 142, § 6;

§ 6818. Operation of OHVs — Without brakes. A person shall not operate an OHV unless such OHV is equipped with a brake or similar device adequate to control the movement of and to stop and to hold such OHV.61 Del. Laws, c. 142, § 6;

§ 6819. Operation of OHVs — In a manner causing damage or disturbance. (a) A person shall not operate an OHV in a manner to cause excessive damages or disturbances of the land, wildlife or vegetative resources, or endanger, disturb or annoy other persons or property. Disturbance …

§ 6820. Operation of OHVs — Without spark arrestor type muffler. (a) A person shall not operate an OHV unless such OHV is equipped with a spark arrestor type muffler, in good working order and in constant operation, from which noise emission under 60% of the maximum RPM, measured…

§ 6821. Operation of OHVs — On property. (a) A person shall not operate an OHV upon any property in either public or private ownership without the express permission of the person in control of the property or knowingly in violation of any restrictions imposed on such use by the …

§ 6822. Operation of OHVs — In violation of traffic controllers or traffic-control devices. A person shall not operate an OHV in violation of instructions of any person authorized to direct, control or regulate traffic or in violation of any official traffic-control device applic…

§ 6823. Operation of OHVs — Helmets. (a) A person shall not operate a 2-wheel or 3-wheel OHV unless the operator and all passengers are wearing a protective helmet meeting U.S. Department of Transportation standards on their heads, with the chin straps properly fastened. (b) A pe…

§ 6824. Operation of OHVs — By minors, incompetent persons or persons under mental or physical disabilities. (a) A person less than 12 years of age may operate an OHV only if: (1) The person is under the direct supervision of a person who is at least 18 years of age; or (2) The p…

§ 6825. Identification of persons operating OHVs upon public or private property. Any person operating an OHV upon public or private property shall stop and give identification upon the request of the person in control of the property and shall promptly comply with such restricti…

§ 6826. Safety education program. (a) The Department shall implement a comprehensive OHV information and safety education program which shall include the preparation and dissemination of information and safety advice to the public. (b) In implementing a program which is establish…

§ 6827. Accidents. (a) The operator of an OHV involved in an accident resulting in an injury to another person or in a death shall immediately report such accident by the quickest available means of communication, to a State Police officer or the local law-enforcement officer for…

§ 6828. Enforcement of chapter. Any peace, police or environmental protection officer, acting in the lawful performance of duty, shall be empowered to enforce this chapter.61 Del. Laws, c. 142, § 6; 70 Del. Laws, c. 186, § 1;

§ 6829. Registration numbers or numbered decals as prima facie evidence. In a proceeding for a violation of this chapter involving prohibited operation and conduct, the registration number or numbered decal displayed on an OHV shall constitute prima facie evidence that the owner …

§ 6830. Unlawful for operators of OHVs to disobey command to stop. It shall be unlawful for any operator of an OHV to wilfully disobey a signal to bring such OHV to a stop when such signal is given by hand, voice, emergency lights, siren or other visual or audible signal by a uni…

§ 6831. Penalties. A person convicted of a violation of any provision of this chapter is subject to the following penalties, unless otherwise provided for in this chapter. (1) For a first offense, a fine of $100 and impoundment for up to 100 days, at the expense of the owner, of …

§ 6832. Jurisdiction. The Courts of the Justices of the Peace shall have jurisdiction over violations of this chapter except that the Family Court shall have jurisdiction over violations of this chapter when such violation is committed by any person under the age of 18 years of a…

§ 6833. Conflicts with other statutes. Should any provision of this chapter conflict with other statutes, the provisions or requirements of this chapter shall apply.61 Del. Laws, c. 142, § 6;

§ 6834. Rules and regulations. The Secretary of Transportation may adopt and enforce such rules and regulations concerning off-highway vehicles and designate such agencies as may be necessary to carry out this chapter, provided such rules and regulations are not contrary to this …

§ 6835. Civil liability. Any other statute notwithstanding, a violation of § 6823 or § 6824 of this title shall not be considered as evidence of either comparative or contributory negligence in any civil suit or insurance claim arising out of any ATV or OHV accident.80 Del. Laws,…

§ 6901. Removal of motor vehicles from public highways by police; sale of vehicles; towers. (a) Any police officer of this State, or a county or municipality therein, while in the performance of duty, may remove, store or cause to be removed or stored from any public highway, hig…

§ 6901A. Definitions. For purposes of this chapter: (1) “Abandoned motor vehicle” means as described in Chapter 44 of this title. (2) “Nonconsensual tow” means the towing of a nonabandoned motor vehicle weighing 5,000 pounds or less other than at the direction of the police, with…

§ 6902. Notification to owner of removal of vehicle; disposal of removed vehicle. (a) Anyone rendering services under this chapter or Chapter 44 of this title has the right to detain the vehicle or motor vehicle rendered services to, about or for, to secure the payment of such se…

§ 6902A. Applicability. (a) This chapter applies to nonconsensual towing of motor vehicles weighing 5,000 pounds or less from private or public parking areas. (b) Sections 6903A through 6905A of this title do not apply to the following: (1) The towing of motor vehicles at the dir…

§ 6903A. Pre-towing requirements. (a) Prior to towing a motor vehicle from a private or public parking area, a person employed by, contracted by, or otherwise preparing to tow a motor vehicle on behalf of a private tow company must do the following: (1) Ensure that the parking ar…

§ 6904A. Consent for towing; exceptions. (a) No private tow company may tow any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from any private parking area without the consent of the owner or operator of the motor vehicle…

§ 6905A. Incomplete tows. (a) A private tow company that has undertaken the nonconsensual tow of a motor vehicle must stop the tow if the owner or operator returns before the motor vehicle has left the parking area and requests that the tow be stopped. (b) A private tow company m…

§ 6906A. Storage of nonconsensually-towed motor vehicles. (a) No person may nonconsensually tow a motor vehicle to a storage facility or store such a motor vehicle at a storage facility unless the storage facility meets the following criteria: (1) The storage facility has a busin…

§ 6907A. Fees and payments. (a) Any person operating or in charge of a storage facility must display, in that portion of the storage facility where business is conducted with the public, a notice containing the following: (1) That the owner, lessee, lienholder, or person authoriz…

§ 6908A. Unlawful practices. (a) It is an unlawful practice for a person to violate any provision of this chapter. (b) It is unlawful for a private tow company to do any of the following: (1) To give any benefit or advantage, including a pecuniary benefit, to any person for provi…

§ 6909A. Damages, compensation, and penalties. (a) Where a nonconsensual tow was initiated or completed in violation of this chapter, the owner or operator of the nonconsensually-towed motor vehicle is entitled to reimbursement of all fees paid to the private tow company or stora…

§ 7001. Stopping, standing or parking in fire lanes; penalty. (a) No person shall stop, stand or park a vehicle in any place which has been designated and properly identified as a fire lane wherever a curb is marked yellow or a yellow line is placed at the edge of a roadway or sh…

§ 7002. Immunity for enforcement; exception. No law-enforcement officer, fire officer in charge or the fire officer’s delegate or fire marshal or fire marshal’s deputy, enforcing this chapter, and no one who removes a vehicle from a prohibited area as described in this chapter or…

§ 7003. Payment by voluntary assessment; presumptions; procedure for contesting; failure to pay or contest. (a) Payment by voluntary assessment. — An owner or operator shall pay the amount on the summons to the voluntary assessment center listed on the summons. No court costs or …

§ 7004. Enforcement by cadets appointed by the Superintendent of the State Police. (a) The Superintendent of the State Police is hereby authorized to appoint cadets who shall have authority to enforce violations of this chapter within the unincorporated areas of each county. Cade…

§ 7101. Definitions. (a) “Funeral director” and “funeral establishment” shall have the same meaning as set forth in § 3101 of Title 24. (b) “Funeral escort” means a person or entity that provides escorts for funeral processions, including funeral home personnel, law-enforcement p…

§ 7102. [Omitted].72 Del. Laws, c. 456, § 1;

§ 7103. Driving in funeral processions. (a) Pedestrians and operators of vehicles not part of a funeral procession shall not drive between, obstruct, hinder or in any way interfere with the vehicles of a funeral procession being led by a funeral lead vehicle or funeral escort veh…

§ 7104. Penalties. Whoever violates this chapter shall be guilty of a moving violation, the penalty for which shall be prescribed by § 4205 of this title.72 Del. Laws, c. 456, § 1;