Title 21 — Motor Vehicles

§ 7501. Definitions. As used in this chapter: (1) “Automotive recyclers” means any person engaged in: a. Dismantling, destroying or scrapping any vehicle for the purpose of resale of its used parts; or b. Otherwise acquiring vehicles for the benefit of their usable parts; and c. …

§ 7502. License requirements; exception. (a) A person may not conduct the business of an automotive recycler or engage in the business of purchasing vehicles which are to be dismantled in whole or in part by that person for the sale of usable parts, or store vehicles more than 30…

§ 7503. Location requirements. A person may not be licensed to conduct an automotive recycler business under this chapter unless: (1) The business is conducted from a building that is adequate and appropriate for automotive recycling as approved by the Division of Motor Vehicles;…

§ 7504. Application for license. The Department shall devise an automotive recycler license application which shall include the following: (1) The name of the business; (2) The address of the business; and (3) If the business is a proprietorship, partnership or corporation, the n…

§ 7505. Issuance of licenses. The Department shall issue an “automotive recycler” license under this chapter to an applicant who is in compliance with this chapter and otherwise is entitled to a license.65 Del. Laws, c. 318, § 1;

§ 7506. License fee and renewal. (a) Each automotive recycler under this chapter shall pay an annual fee for each license issued in the amount of $100. (b) A license issued under this chapter shall expire on December 31 of each year, and may be renewed by application and payment …

§ 7507. Record of vehicles and catalytic converters; inspections. (a) Each automotive recycler shall keep accurate and complete records of all vehicles, motor vehicles, and catalytic converters acquired in the business. The records shall be maintained in an accessible place and s…

§ 7508. Refusal, suspension or revocation of license. The Department may refuse to grant a license under this chapter to a person and may suspend, revoke or refuse to renew a license of any person if it finds that: (1) The person has violated or is attempting to violate this chap…

§ 7509. Hearing notice. A license issued under this chapter may be suspended, revoked, refused or not renewed only after notice of hearing has been served upon the person or the person’s representatives. Said hearing notice shall contain: (1) All charges made against said person;…

§ 7510. Hearing procedures. All hearings shall conform to the provisions of the Administrative Procedures Act, Chapter 101 of Title 29.65 Del. Laws, c. 318, § 1;

§ 7511. Judicial review. Any aggrieved party to a hearing may appeal a decision or order of the Department to the Superior Court for review de novo.65 Del. Laws, c. 318, § 1;

§ 7512. Penalty. Any person who violates the provisions of this chapter relating to the requirements of licensing or the maintenance of vehicle records shall be guilty of a class B misdemeanor as the same is defined in Chapter 42 of Title 11, and shall be subject to the penalties…

§ 8301. Definitions. As used in this chapter: (1) “Commercial driver training school” or “school” means a business enterprise conducted by a person for the education and training of persons, either practically or theoretically, or both, to operate motor vehicles or to prepare an …

§ 8302. Enforcement by the Secretary. (a) The Secretary shall adopt and prescribe such regulations concerning the administration and enforcement of this chapter as are necessary to carry out the intent of this chapter and to protect the public. The Secretary or the Secretary’s au…

§ 8303. License for schools; requirements. (a) No commercial driver training school shall be established nor any such existing school continued after January 1, 1969, unless such school applies for and obtains from the Secretary a license in the manner and form prescribed by the …

§ 8304. License for instructors; requirements. (a) No person shall act as an instructor after January 1, 1969, unless such person applies for and obtains from the Secretary a license in the manner and form prescribed by the Secretary. (b) Regulations adopted by the Secretary shal…

§ 8305. License fees. All licenses shall expire on the last day of the calendar year and may be renewed upon application to the Secretary as prescribed by regulation. Each application for an original or renewal school license fee shall be accompanied by a fee of $115 and each app…

§ 8306. Issuance, renewal, suspension and revocation of licenses. The Secretary may cancel, suspend, revoke or refuse to issue or renew a school or instructor’s license in any case where the Secretary finds the licensee or applicant has not complied with or has violated any of th…

§ 8307. Exemptions. This chapter shall not apply to any person giving driver training lessons without charge, to employers maintaining driver training schools without charge for their employees only. Driver education classes conducted by state colleges, universities and high scho…

§ 8308. Penalties. Violation of this chapter or any regulation promulgated pursuant thereto shall constitute a misdemeanor, and any person, firm or corporation upon conviction therefor shall be punished by a fine of not more than $115, or imprisonment for not more than 30 days or…

§ 8401. Legislative intent [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) The intent of the General Assembly is to protect the public health, safety, and welfare of the residents of the State by regulating the relationship among new recreational vehicle dea…

§ 8402. Definitions [For application of this section, see 79 Del. Laws, c. 161, § 5]. As used in this chapter, the following definitions apply: (1) “Area of sales responsibility” means the geographical area, agreed to by the new recreational vehicle dealer and the manufacturer in…

§ 8403. Written agreements and designated territories [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) A manufacturer or distributor may not sell a new recreational vehicle or new recreational trailer in this State to or through a new recreational vehicle dea…

§ 8404. Termination, cancellation, nonrenewal, or alteration of a dealership [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) A manufacturer or distributor, directly or through any authorized officer, agent or employee, may not terminate, cancel, or fail to r…

§ 8405. Repurchase of inventory [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) If a new recreational vehicle dealer terminates, cancels, or fails to renew a manufacturer-dealer agreement for good cause as defined in § 8404(e) of this title and the manufactu…

§ 8406. Transfer of dealership; family succession [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) If a new recreational vehicle dealer desires to make a change in ownership by the sale of the business assets, stock transfer, or otherwise, the new recreationa…

§ 8407. Warranty obligations [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) A warrantor shall: (1) Specify in writing to each of its new recreational vehicle dealers all new recreational vehicle dealer obligations, if any, for preparation, delivery, and war…

§ 8408. Indemnification [For application of this section, see 79 Del. Laws, c. 161, § 5]. Notwithstanding the terms of any manufacturer-dealer agreement, it is a violation of this chapter for: (1) A warrantor to fail to indemnify and hold harmless its new recreational vehicle dea…

§ 8409. Inspection and rejection by the dealer [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) If a new recreational vehicle or new recreational trailer is damaged prior to transit to a new recreational vehicle dealer or is damaged in transit to the new recr…

§ 8410. Coercion of new recreational vehicle dealer prohibited [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) A manufacturer or distributor may not coerce or attempt to coerce a new recreational vehicle dealer to: (1) Purchase a product that the new recreat…

§ 8411. Mediation [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) A new recreational vehicle dealer, manufacturer, distributor, or warrantor injured by another party’s violation of this chapter may bring a civil action to recover actual damages. The court ma…

§ 8412. Regulations [For application of this section, see 79 Del. Laws, c. 161, § 5]. The Division of Motor Vehicles shall have the authority to promulgate and adopt rules and regulations necessary to carry out the provisions of this chapter.79 Del. Laws, c. 161, § 1;

§ 8501. Purpose. The General Assembly finds and determines that the people of this State are entitled to and should be ensured an environment free from the effects of nonessential idling of locomotives between 8 p.m. and 7 a.m., as such nonessential idling degrades the quality of…

§ 8502. Definitions. (1) “Idling” means the operation of the locomotive while it is stationary. (2) “Law-enforcement officer” means a sworn member of a police force or other law-enforcement agency of this State, or of any county or municipality within this State, who is responsib…

§ 8503. Nonessential idling prohibited; defined. (a) No person may permit the nonessential idling of a locomotive under its control or on its property between 8 p.m. and 7 a.m. (b) Idling is nonessential if it is not a result of 1 or more of the following circumstances: (1) Traff…

§ 8504. Enforcement. (a) Any law-enforcement officer in whose jurisdiction the locomotive, or any car attached to a locomotive, is located may enforce this chapter. (b) The Superior Court shall have exclusive jurisdiction over offenses under this chapter.80 Del. Laws, c. 162, § 1…

§ 8505. Penalties. Any person who violates this chapter shall be punished by a fine of not less than $5,000 nor more than $10,000 for the first offense and not less than $10,000 nor more than $20,000 for each subsequent offense.80 Del. Laws, c. 162, § 1;

§ 8601. Short title. This chapter shall be known as the “Peer-to-Peer Car Sharing Program Act.” 83 Del. Laws, c. 227, § 1;

§ 8602. Definitions. When used in this chapter: (1) “Car sharing delivery period” means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement. …

§ 8603. Insurance coverage during car sharing period. (a) A peer-to-peer car sharing program shall assume liability, except as provided in subsection (b) of this section, of a shared vehicle owner for bodily injury or property damage to third parties or uninsured and underinsured…

§ 8604. Notification of implications of lien. At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sh…

§ 8605. Exclusions in motor vehicle liability insurance policies. (a) An authorized insurer that writes motor vehicle liability insurance in the State may exclude any and all coverage beyond the minimum requirements contained in this title and the duty to defend or indemnify for …

§ 8606. Recordkeeping; use of vehicle in car sharing. A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including times used, car sharing period pick-up and drop-off locations, fees paid by the shared vehicle driver, and reven…

§ 8607. Exemption; vicarious liability. A peer-to-peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability consistent with 49 U.S.C. § 30106 and under any state or local law that imposes liability solely based on vehicle ownership.83 Del. Laws,…

§ 8608. Contribution against indemnification. A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek recovery against the motor vehicle insurer of the peer-to-peer car sharin…

§ 8609. Insurable interest. (a) Notwithstanding any other law, statute, rule, or regulation to the contrary, a peer-to-peer car sharing program shall have an insurable interest in a shared vehicle during the car sharing period. (b) Nothing in this section creates liability on a p…

§ 8610. Disclosures. Each car sharing program agreement made in the State shall disclose to the shared vehicle owner and the shared vehicle driver: (1) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle dr…

§ 8611. Driver’s license verification and data retention. (a) A peer-to-peer car sharing program may not enter into a peer-to-peer car sharing program agreement with a driver unless the driver who will operate the shared vehicle meets 1 of the following requirements: (1) Holds a …

§ 8612. Responsibility for equipment. A peer-to-peer car sharing program shall have sole responsibility for any equipment, such as a GPS system or other special equipment that is put in or on the vehicle to monitor or facilitate the car sharing transaction, and shall agree to ind…

§ 8613. Automobile safety recalls. (a) At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing p…