Title 21, Motor Vehicles

§ 4708. Adoption of federal requirements — Amendments of 49 C.F.R. Part 396. (a) Subsection (a) of 49 C.F.R. § 396.9 is stricken in its entirety and the following is substituted in its place: “(a) Personnel authorized to perform inspections — Every special agent of the Federal Hi…

§ 4709. Fines, penalties, voluntary assessments. (a) Any person, driver or motor carrier who violates any subpart of this chapter, or fails to do any act required by any subpart in this chapter or does any act forbidden in this chapter or subpart of the Code of Federal Regulation…

§ 4710. Authority to place vehicle, etc., out of service. The Secretary of Public Safety, the Secretary of Safety and Homeland Security’s deputies, state police and other police officers authorized by law to make arrests for violations of the motor vehicle and traffic laws of the…

§ 4711. Jurisdiction. Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this chapter.65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 8;

§ 4712. Authority to enforce regulations. (a) The Secretary of Public Safety, the Secretary of Safety and Homeland Security’s deputies, state police and other sworn police officers are hereby authorized to make arrests without a warrant for any violation of this chapter committed…

§ 4713. Authority to promulgate rules and regulations. The Secretary of Public Safety has authority to promulgate rules and regulations to carry out the stated purposes of this chapter.65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 8;

§ 4714. Conflicts with other requirements of Delaware Motor Vehicle Code. (a) Nothing contained in this chapter shall be construed to prohibit the use of additional equipment and accessories, not inconsistent with or prohibited by this chapter, provided such equipment and accesso…

§ 4801. Short title. This chapter shall be known and may be cited as the “Occupant Protection System Safety Act.”68 Del. Laws, c. 34, § 1; 74 Del. Laws, c. 277, § 2;

§ 4802. Driver requirements; exceptions; sales requirements; working condition of system. (a) (1) The driver of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat belt which meets the applicable federal motor vehicle saf…

§ 4803. Child restraint in motor vehicles. (a) (1) The driver shall be responsible, when transporting a child under the age of 16 in a motor vehicle operated on the roadways, streets, or highways of this State, for providing protection of the child by properly securing the child …

§ 6101. Negligence of owners and drivers of rented vehicles; insurance of liability. (a) The owner of a motor vehicle who is engaged in the business of renting motor vehicles without drivers, who rents a vehicle without a driver to another, other than as a part of a bona fide tra…

§ 6102. Notification by owner of intention to rent vehicle. No owner of any motor vehicle who is engaged in the business of renting motor vehicles without drivers shall rent a motor vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale o…

§ 6103. Records required of owners of rented vehicles; inspection; forms. (a) Every person engaged in the business of renting motor vehicles without drivers, who rents any such vehicle without a driver, otherwise than as part of a bona fide transaction involving the sale of such …

§ 6104. Liability of parent, guardian, or employer for negligence of minor. (a) (1) Except as otherwise provided under paragraph (a)(2) of this section and § 6106 of this title, any negligence of a minor under age 18 driving a motor vehicle on a highway of this State, who has bee…

§ 6105. Liability of owner for negligence of minor. Except as provided under § 6106 of this title, every owner of a motor vehicle who causes or knowingly permits a minor under the age of 18 years to drive such vehicle upon a highway and any person who gives or furnishes a motor v…

§ 6106. Liability of foster parent for negligence of a child or individual. (a) For purposes of this section, “foster parent” means as defined in § 2302 of Title 13. (b) When a child or an individual identified in § 9011A(g)(1) of Title 29 procures a valid policy of insurance thr…

§ 6201. Blue Envelope Program. (a) The Delaware State Police and designated partners shall provide and make available upon request an information envelope, or “blue envelope,” for use by a person with disabilities. (b) The blue envelope must meet the following: (1) Be capable of …

§ 6301. Definitions [For application of this section, see 79 Del. Laws, c. 161, § 5]. As used in this chapter: (1) “Consignment” is when a vehicle owner enters into an agreement with a dealer for the sale of a vehicle without a transfer of ownership to the dealer. (2) “Dealer” or…

§ 6302. License requirements [For application of this section, see 85 Del. Laws, c. 40, § 15]. (a) Department approval. — No person, corporation, partnership, proprietorship or any other legal entity shall carry on or conduct the business of buying, selling or dealing in new or u…

§ 6303. Location requirements; records [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) Except as provided in § 6311(b) of this title, no dealers license shall be issued to any vehicle dealer unless the dealership has an established place of business owned, r…

§ 6304. Expiration and renewal of license. Each license issued under this title shall expire at midnight on December 31 of the period for which it was issued and may be renewed upon application to the Department prior to its expiration. Dealers who have not sold a minimum of 5 ve…

§ 6305. Bill of sale. Every motor vehicle dealer shall complete, in duplicate, a bill of sale for each sale or exchange of a motor vehicle. The original shall be retained for a period of 5 years. A duplicate copy shall be delivered to the purchaser at the time of sale or exchange…

§ 6306. Consignment vehicles-contract. Any motor vehicle dealer offering a vehicle for sale on consignment shall have in their possession a consignment contract for the vehicle, executed and signed by the dealer and the consignor. The consignment contract shall include the follow…

§ 6307. Wholesale Dealers. (a) A wholesale dealer who is licensed by the Division is authorized to do the following: (1) Buy a vehicle from another dealer, a licensed auto auction or retail seller; (2) Sell a vehicle to, or exchange vehicles only with another dealer or through a …

§ 6308. Auctions. (a) Each person who conducts auctions of vehicles shall keep a record of each of the following: (1) The name and address of the consignor or seller; (2) The date on which the vehicle was consigned; (3) The year, make, model and vehicle identification number of e…

§ 6309. Prohibited acts. (a) A dealer, its agent or an employee of a dealer may not permit any individual to road test a motor vehicle if they know the individual does not have a valid driver’s license. (b) A dealer or an agent or employee of a dealer may not commit any fraud in …

§ 6310. Acts of officers, directors, partners, and sales persons. If a licensee is a partnership or corporation, it shall be sufficient cause for the denial or suspension of a license if any officer, director or trustee of the partnership or corporation, or any member in the case…

§ 6311. License requirements [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) In the event any dealer intends to change a licensed location, the dealer shall provide the Division of Motor Vehicles advance written notice. A successful inspection of the new loc…

§ 6312. Issuance of dealer license [For application of this section, see 79 Del. Laws, c. 161, § 5]. Upon receiving a dealer license application for approval, and satisfied that the applicant is of good character and, so far as can be ascertained, the applicant has complied with …

§ 6313. Grounds for denying application for, or renewal of, dealer license; suspension or revocation of license [For application of this section, see 79 Del. Laws, c. 161, § 5]. A dealer license or renewal of license, applied for or issued pursuant to this chapter may be denied, …

§ 6314. Suspension and hearing notices. (a) No license issued under this title shall be suspended, revoked or renewal thereof refused, until a written copy of the complaint made has been furnished to the licensee against whom the same is directed. The written notice of complaint …

§ 6314A. Effect of suspension, revocation, or renewal refusal on licensee. (a) Dealers who have their dealer license suspended, revoked, or renewal refused pursuant to this title are prohibited from being employed at any dealership licensed pursuant to this title in any of the fo…

§ 6315. Hearings. (a) If the Division refuses an application for a license, denies a renewal of a license or proposes the suspension or revocation of a dealer’s license, the Division shall provide a hearing when requested under § 6314 of this title. At the hearing the licensee sh…

§ 6316. Return of license, dealer number plates, temporary license plates, and dealer reassignment forms. If the Division suspends, revokes or denies the renewal of the license of any dealer licensed under this chapter, the dealer immediately shall return the license, dealer numb…

§ 6317. Cease and desist orders and injunctive relief [For application of this section, see 79 Del. Laws, c. 161, § 5]. In addition to the legal remedies provided for in this chapter, the Division of Motor Vehicles is authorized to issue cease and desist orders to any person, cor…

§ 6318. Penalties. (a) Whoever violates any provision of this chapter shall be guilty of an unclassified misdemeanor and shall be fined not less than $50 nor more than $575. (b) Subsection (a) of this section shall not apply to violations for which penalties are prescribed elsewh…

§ 6401. Findings; purpose. The General Assembly hereby finds that purchasers when buying motor vehicles rely heavily on the odometer reading as an index of the condition and value of such vehicle; that purchasers are entitled to rely on the odometer reading as an accurate reflect…

§ 6402. Definitions. As used in this chapter: (1) “Dealer” or “dealership” means any person, corporation, partnership or limited partnership who has sold 5 or more motor vehicles within the 12 months preceding the date of a violation of this chapter. (2) “Lessee” means any person…

§ 6403. Unlawful devices. No person shall advertise for sale, sell, use or install or cause to be installed, any device which causes an odometer to register any mileage other than the true mileage traveled by a motor vehicle. For purposes of this section, the true mileage travele…

§ 6404. Unlawful change of mileage. (a) Unless otherwise provided in § 6406 of this title, no person shall disconnect, reset or alter or cause to be disconnected, reset or altered, the odometer of any motor vehicle. (b) Unless otherwise provided in § 6406 of this title, no person…

§ 6405. Possession with intent to defraud. No person shall, with intent to defraud, possess a motor vehicle knowing that the odometer of such vehicle is disconnected or nonfunctional.62 Del. Laws, c. 255, § 1;

§ 6406. Lawful service, repair or replacement. (a) Nothing in this chapter shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. Where the odometer is incapable of reg…

§ 6407. Disclosure of odometer information. (a) Each Delaware title, at the time it is issued to the transferee, must contain the mileage disclosed by the transferor when ownership of the vehicle was transferred and contain a space for the information required to be disclosed und…

§ 6408. Exemptions. Notwithstanding the requirements of § 6407 of this title: (1) A transferor or lessee of any of the following motor vehicles need not disclose the vehicle’s odometer mileage: a. A vehicle having a gross vehicle weight rating of more than 16,000 pounds. b. A veh…

§ 6409. Disclosure of odometer information for leased motor vehicles. (a) Before executing any transfer of ownership document, each lessor of a leased motor vehicle shall notify the lessee in writing that the lessee is required to provide a written disclosure to the lessor regard…

§ 6410. Disclosure of odometer information by power of attorney. (a) If the transferor’s title is physically held by a lienholder, or if the transferor to whom the title was issued by the State has lost the title and the transferee obtains a duplicate title on behalf of the trans…