Title 21, Motor Vehicles

§ 4101. Provisions refer to vehicles upon highways; exceptions; powers of local authorities. (a) The provisions of this title relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: (1) Where a different place is specifically ref…

§ 4102. Required obedience to traffic laws. It is unlawful for any person to do any act forbidden or fail to perform any act required in this chapter.21 Del. C. 1953, § 4102; 54 Del. Laws, c. 160, § 1; 77 Del. Laws, c. 60, § 1;

§ 4103. Obedience to authorized persons directing traffic. (a) (1) No person shall wilfully fail or refuse to comply with any lawful order or direction of any of the following, who are invested by law with authority to direct, control, or regulate vehicle and pedestrian traffic: …

§ 4104. Persons riding animals or driving animal-drawn vehicles. Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, ex…

§ 4105. Persons and vehicles working on highways and utilities; exceptions. (a) Unless specifically made applicable, the provisions of this title, except those contained in subchapter IX of this chapter, shall not apply to persons, motor vehicles and other equipment while actuall…

§ 4106. Authorized emergency vehicles. (a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the pri…

§ 4107. Obedience to and required traffic-control devices. (a) The driver of any vehicle shall obey the instructions of any traffic-control device applicable thereto placed in accordance with this title, unless otherwise directed as authorized in § 4103 of this title, subject to …

§ 4108. Traffic-control signal legend. (a) Whenever traffic is controlled by official traffic-control signals showing different colored circular lights, color-lighted arrows, or color-lighted bicycle symbols, successively 1 at a time or in combination, only the colors green, red …

§ 4109. Pedestrian-control signals. Whenever special pedestrian-control signals exhibiting the words or symbols “Walk” or “Don’t Start” or “Don’t Walk” are in place, such signals shall take precedence over pedestrian movements outlined in § 4108 of this title. Such signals shall …

§ 4110. Traffic signals. (a) Whenever a flashing red, yellow or green signal is used in a traffic signal or with a traffic sign, it shall require obedience by vehicle traffic as follows: (1) Flashing red. — When a red lens is illuminated with intermittent flashes, drivers of vehi…

§ 4111. Display of unauthorized signs, signals or markings. (a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or…

§ 4112. Interference with official traffic-control devices or railroad signs or signals or other street signs. No person shall, without lawful authority, attempt to or, in fact alter, damage, deface, injure, twist, knock down, interfere with the operation of or remove any public …

§ 4112A. Traffic control signal preemption devices. (a) As used in this section, “traffic control signal preemption device” means any device that emits a pulse of light or other signal that, when received by a detector attached to a traffic control signal alters or interferes wit…

§ 4114. Driving on right side of roadway; exceptions. (a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules govern…

§ 4114A. Lane travel restrictions on certain roadways. (a) This section applies only to vehicles traveling on the portions of State Route 1 and Interstate 495 that are any of the following: (1) An “express highway,” as defined in § 101 of Title 17. (2) A “controlled-access facili…

§ 4115. Passing vehicles proceeding in opposite directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than 1 line of traffic in each direction each driver shall give to the other at least …

§ 4116. Overtaking a vehicle or bicycle on the left. The following rules shall govern the overtaking and passing of vehicles and bicycles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: (1) On a roadway with at leas…

§ 4117. When overtaking on the right is permitted. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under conditions permitting such movement in safety. In no event, except as permitted in subsection (c) and (d) of this section, shall such …

§ 4118. Limitations on overtaking on the left. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a suffic…

§ 4119. Further limitations on driving to left of center of roadway. (a) No vehicle shall be driven on the left side of the roadway under the following conditions: (1) When approaching or upon a curve or the crest of a grade in the highway where the driver’s view is obstructed wi…

§ 4120. No-passing zones; exceptions. (a) The Department of Transportation is authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roa…

§ 4121. One-way roadways and rotary traffic islands. (a) Upon a roadway where traffic-control devices establish one-way traffic, a vehicle shall be driven only in the direction designated. Such designation may be at all times or at such times as shall be indicated by traffic-cont…

§ 4122. Driving on roadways laned for traffic. Whenever any roadway has been divided into 2 or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: (1) A vehicle shall be driven as nearly as practicable entirely wit…

§ 4123. Following too closely. (a) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (b) The driver of any truck or vehicle …

§ 4124. Driving on divided highways. Whenever any highway has been divided into 2 or more roads by an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-…

§ 4125. Turning off roadway by slow-moving vehicle. On a 2-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, behind which 5 or more vehicles are formed in line, shall turn off the roadway wherever suffici…

§ 4126. Unlawful use of controlled-access highways; penalties. (a) On any state highway designated by the Department of Transportation as a “controlled-access highway,” no person shall: (1) Drive a vehicle over, upon or across any curb, central dividing section or other separatio…

§ 4127. Unlawful evasion of Delaware Turnpike and the Korean War Veterans Memorial Highway; harassment of toll collectors; penalty; appeal; jurisdiction; payment of minimum fine before trial. (a) No vehicle shall be used on any part of the Delaware Turnpike, the Korean War Vetera…

§ 4128. Delaware Memorial Bridge; toll evasion; payment of minimum fine before trial. (a) No vehicle shall use any part of the Delaware Memorial Bridge, except upon payment of such tolls as may from time to time be prescribed by the Delaware River and Bay Authority. (b) No person…

§ 4129. Civil penalty for evasion of tolls. (a) In addition to the provisions of §§ 4127 and 4128 of this title, any person who refuses to pay, evades or attempts to evade the payment of a toll in connection with the use of the Delaware Turnpike, the Korean War Veterans Memorial …

§ 4130. Vehicle obstructing traffic. No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle the d…

§ 4131. Vehicle approaching or entering intersection. (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway. (b) When 2 vehicles enter an intersection from different highways a…

§ 4132. Vehicle turning left. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediat…

§ 4133. Vehicle entering roadway. The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.21 Del. C. 1953, § 4133; 54 Del. Laws, c. 160, § …

§ 4134. Operation of vehicles on approach of authorized emergency vehicles; stationary vehicles. (a) On the immediate approach of an authorized emergency vehicle making use of audible or visual signals, or of a police vehicle properly and lawfully making use of an audible signal …

§ 4135. Entering or crossing divided highway from crossover or other intervening space between opposing lanes. The driver of a vehicle about to drive onto or across a lane or lanes of a divided highway from the intervening space between opposing lanes where there is no official t…

§ 4136. Driving upon sidewalk or bicycle path by vehicles and bicycles. (a) No person shall drive any motor vehicle upon a sidewalk or bicycle path or sidewalk area or bicycle path area except upon a permanent or duly authorized temporary driveway. (b) A person riding a bicycle u…

§ 4137. Electronic traffic monitoring for vehicle obstructions system. (a) This section establishes the authority for the State and municipalities in the State to use an electronic traffic monitoring for vehicle obstructions system to assist in the enforcement of right-of-way pur…

§ 4140. Certain offenses not entered on motor vehicle record. Arrests and or convictions for offenses in §§ 4141, 4143, 4145-4150 of this title shall not be entered on a driver’s motor vehicle record.64 Del. Laws, c. 32, § 1;

§ 4141. Pedestrian obedience to traffic-control devices and traffic regulations. (a) A pedestrian shall obey the instructions of a traffic-control device specifically applicable to the pedestrian, unless otherwise directed by a police officer or uniformed adult school crossing gu…

§ 4142. Pedestrians’ right-of-way in crosswalks. (a) When traffic-control signals are not in place or not in operation or when the operator of a vehicle is making a turn at an intersection, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be …

§ 4143. Crossing at other than crosswalks. (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (b) Any pedestrian crossing a roa…

§ 4144. Drivers to exercise due care. Notwithstanding any other provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise prope…

§ 4145. Pedestrians to use right half of crosswalks. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.21 Del. C. 1953, § 4145; 54 Del. Laws, c. 160, § 1;

§ 4146. Pedestrians on highways; penalty. (a) Where a sidewalk is provided and is accessible, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk faci…

§ 4147. Pedestrians soliciting rides or business. (a) No person shall stand in a highway for the purpose of soliciting any employment, business or contributions from the occupant of any vehicle. (b) No person shall stand on or in proximity to a highway for the purpose of soliciti…