Title 21, Motor Vehicles

§ 2942. Suspension of license for nonpayment of judgments. (a) The Secretary of Transportation, upon receipt of a certified copy of a judgment, shall forthwith suspend the license and any nonresident’s operating privilege of any person against whom such judgment was rendered, exc…

§ 2943. Duration of suspension of license. The license and nonresident’s operating privilege suspended pursuant to § 2942 of this title shall remain suspended and shall not be renewed nor shall any such license be thereafter issued in the name of such person, including any such p…

§ 2944. Satisfaction of judgments. The judgments referred to in this subchapter shall, for the purposes of this chapter only, be deemed satisfied: (1) When $15,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or de…

§ 2945. Installment payment of judgments; default. (a) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, at its discretion and without prej…

§ 2947. Methods of giving proof. Proof of financial responsibility when required under this chapter, may be given by filing a: (1) Certificate of insurance as provided in § 2948 or § 2949 of this title; or (2) Bond as provided in § 2950 of this title; or (3) Certificate of deposi…

§ 2948. Certificate of insurance as proof. (a) Proof of financial responsibility may be furnished by filing with the Secretary the written certificate of any insurance carrier duly authorized to do business in this State certifying that there is in effect a motor vehicle liabilit…

§ 2949. Certificate furnished by nonresident as proof. (a) The nonresident owner of a motor vehicle not registered in this State may give proof of financial responsibility by filing with the Secretary a written certificate or certificate of an insurance carrier authorized to tran…

§ 2950. Bond as proof. (a) Proof of financial responsibility may be evidenced by the bond of a surety company authorized to transact business within this State or a bond with at least 2 individual sureties each owning real estate within this State and together having equities equ…

§ 2951. Money or securities as proof. (a) Proof of financial responsibility may be evidenced by the certificate of the State Treasurer that the person named therein has deposited with the State Treasurer $40,000 in cash or securities such as may legally be purchased by savings ba…

§ 2953. Substitution of proof. The Secretary of Transportation shall consent to the cancellation of any bond or certificate of insurance or the Secretary of Transportation shall direct the return of, and the State Treasurer shall return, any money or securities to the person enti…

§ 2954. Requirement of other proof. Whenever any proof of financial responsibility filed under this chapter no longer fulfills the purposes for which it is required, the Secretary of Transportation shall, for the purpose of this chapter, require other proof as required by this ch…

§ 2971. Penalties. (a) A person whose license or nonresident’s operating privilege suspended or revoked under this chapter drives during such suspension or revocation any motor vehicle upon any highway, except as permitted under this chapter, shall be fined not more than $575, or…

§ 2972. Surrender of license. Any person whose license is suspended as provided in this chapter or whose policy of insurance or bond when required under this chapter is canceled or terminated or who neglects to furnish other proof upon request of the Secretary of Transportation s…

§ 3101. Identification cards. Every person residing in the State who desires to obtain an identification card shall apply to the Division of Motor Vehicles.21 Del. C. 1953, § 3101; 58 Del. Laws, c. 516; 65 Del. Laws, c. 37, § 1;

§ 3102. Application. (a) Every application for an identification card shall be made on an application form furnished by the Division. The original application shall be verified by the applicant before a person authorized to administer oaths. (b) Every application shall state the …

§ 3103. Issuance fee; renewal; qualifications. (a) Upon receipt of the application and a fee of $40, the Division shall issue an identification card which shall expire and be renewable on the eighth anniversary date of the birth of the applicant next following the date of its iss…

§ 3104. Contents of identification cards. (a) Every identification card shall bear a distinguishing number assigned to the holder and shall contain the name, date of birth, address, a photograph of the holder taken by the Department of Transportation and a brief description of th…

§ 3105. Issuance of replacement cards; fee [For application of this section, see 85 Del. Laws, c. 40, § 15]. (a) In the event that any identification card issued under this chapter is lost or destroyed, the person to whom it was issued may apply to the Division for the issuance o…

§ 3106. Signature. Every holder of an identification card shall write the holder’s usual signature, in a manner acceptable to the Department, in the space provided for that purpose on the card and such card shall not be valid until the card is so signed.21 Del. C. 1953, § 3106; 5…

§ 3107. False statements. Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed is guilty of perjury and shall be fined or imprisoned as the law provides.21 Del. C. 1953, § …

§ 3108. Penalties. (a) Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense, the person shall be fined not less than $50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, …

§ 3201. Definitions. In this chapter: (1) “Agent” means a person granted authority to act for the benefit of a principal under a limited durable power of attorney for completing all paperwork necessary to accomplish any required action(s) set forth in this title, whether denomina…

§ 3202. Applicability. (a) (1) This chapter shall only apply to limited durable powers of attorney which are executed for the sole purpose of completing documentation required and allowable by the Department to accomplish certain actions set forth in this title. (2) The provision…

§ 3203. Power of attorney is durable. A power of attorney is durable if it contains the words: “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be …

§ 3204. Execution of personal power of attorney — Requirements; notice; certification. (a) A personal power of attorney must be: (1) In writing; (2) Signed by the principal or by another person subscribing the principal’s name in the principal’s presence and at the principal’s ex…

§ 3205. Execution of personal power of attorney— Validity; limited durable power of attorney; copies. (a) A personal power of attorney is validly executed if it complies with § 3204 of this title, unless such personal power of attorney provides that it is governed by the laws of …

§ 3206. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary. (a) The appointment by a court of a guardian or other fiduciary charged with the management of the principal’s property or the care of the principal’s person shall terminate all …

§ 3207. When the personal power of attorney is effective. A personal power of attorney is effective when executed.83 Del. Laws, c. 149, § 1;

§ 3208. Termination of personal power of attorney or agent’s authority. (a) A personal power of attorney terminates when: (1) The principal dies; (2) The principal revokes the personal power of attorney; (3) A terminating event set forth in the personal power of attorney occurs; …

§ 3209. Concurrent agents, joint agents, and successor agents. (a) A principal may designate 2 or more persons to act as concurrent agents. Each concurrent agent may exercise its authority independently. (b) A principal may designate 2 or more persons to act as joint agents. No j…

§ 3210. Reimbursement and compensation of agent. (a) An agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal. (b) An agent shall not be entitled to compensation unless: (1) The personal power of attorney so provides; and (2) The compensati…

§ 3211. Agent’s acceptance. Except as otherwise provided in the personal power of attorney, a person accepts appointment as an agent under a personal power of attorney by signing the agent’s certification (pursuant to § 3204 of this title) or by exercising authority or performing…

§ 3212. Agent’s duties. (a) Notwithstanding provisions in the personal power of attorney, an agent that has accepted appointment pursuant to a personal power of attorney shall, in connection with exercising the authority granted to such agent therein: (1) Act in accordance with t…

§ 3213. Exoneration of agent. A provision in a personal power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision: (1) Relieves the agent of liability for breach o…

§ 3214. Judicial relief. (a) A person designated in subsection (b) of this section may petition the Court of Chancery requesting that the Court: (1) Determine whether the personal power of attorney or the authority of an agent is in effect or has terminated pursuant to § 3208 of …

§ 3215. Agent’s resignation; notice. Unless the personal power of attorney provides a different method for an agent’s resignation, an agent may resign by giving written notice to the principal and, if the principal is incapacitated: (1) To the guardian, if 1 has been appointed fo…

§ 3216. Acceptance of and reliance upon acknowledged personal power of attorney. (a) For purposes of this section, “acknowledged” means purportedly verified before a notarial officer or contain an electronic signature acceptable to the Department. (b) A person that in good faith …

§ 3217. Acceptance of electronic signatures. The Department may accept electronic signatures on any documents required to be submitted pursuant to this title.83 Del. Laws, c. 149, § 1;

§ 3301. Transporter license requirements. (a) No individual, corporation, partnership, sole-proprietorship, or other legal entity may carry on or conduct the business of transporting vehicles unless issued a transporter license by the Division of Motor Vehicles. A transporter lic…

§ 3302. Transporter location and business requirements. (a) Except as provided herein, a transporter license may not be issued to a vehicle transporter unless the transporter has an established place of business that is owned, rented, or leased by the transporter, and which meets…

§ 3303. Issuance of transporter license. Upon receiving an application for a transporter license from an applicant and determining, so far as possible, that the applicant is of good character and that the applicant has complied with and reasonably can be expected to comply with t…

§ 3304. Expiration and renewal of transporter license. (a) Each license issued under this chapter must expire either 12 or 24 months after issuance or renewal. (b) A transporter license expires upon the expiration date unless properly renewed under procedures or regulations promu…

§ 3305. Prohibited acts. (a) A licensed transporter, or any agent or employee of the transporter, may not permit any individual to operate a vehicle or mobile home bearing a transporter plate if they know the individual does not have a valid driver’s license. (b) A licensed trans…

§ 3306. Acts of officers, directors, partners, employees, and agents. (a) If a licensed transporter is a partnership or corporation, it is sufficient cause for the denial, suspension, or revocation of the license if any officer, director, or trustee of the partnership or corporat…

§ 3307. Denial of an application for licensure or renewal of a transporter license; suspension or revocation of a transporter license. (a) The Division may deny an original or renewal application for licensure, or may suspend or revoke a transporter license if the applicant or li…

§ 3308. Notification of intent to suspend or revoke a license or deny an original or renewal application. (a) No transporter license issued under this title may be suspended or revoked, nor may an application for licensure or renewal be denied, unless a notice of the Division’s i…