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Delaware Statutes, Title 21

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Delaware/Statutes

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Title 21, Motor Vehicles

44 chapters · 848 sections in this title.

All chapters in Title 21848 Ch 41, RULES OF THE ROAD142 Ch 21, REGISTRATION OF VEHICLES130 Ch 27, Driver’s License65 Ch 43, EQUIPMENT AND CONSTRUCTION OF VEHICLES60 Ch 68, Registration and Control of Off-High…35 Ch 29, MOTOR VEHICLE SAFETY—RESPONSIBILITY29 Ch 23, TITLE AND LIENS28 Ch 26, Uniform Commercial Driver License Act27 Ch 64, Odometers20 Ch 63, Sale of Motor Vehicles19 Ch 32, Limited Power of Attorney and Electr…17 Ch 3, Department of Public Transportation …16 Ch 44, Abandoned Vehicles16 Ch 25, Transfer of Title, Registration and …15

848 sections·Filtered byTitle 21✕

21 Del. C. § 6827. Accidents.
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§ 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…
21 Del. C. § 6828. Enforcement of chapter.
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§ 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;
21 Del. C. § 6829. Registration numbers or numbered decals as prima facie evidence.
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§ 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 …
21 Del. C. § 6830. Unlawful for operators of OHVs to disobey command to stop.
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§ 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…

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21 Del. C. § 6831. Penalties.

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§ 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 …

21 Del. C. § 6832. Jurisdiction.

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§ 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…

21 Del. C. § 6833. Conflicts with other statutes.

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§ 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;

21 Del. C. § 6834. Rules and regulations.

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§ 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 …

21 Del. C. § 6835. Civil liability.

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§ 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,…

21 Del. C. § 6901. Removal of motor vehicles from public highways by police; sale of vehicles; towers.

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§ 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…

21 Del. C. § 6901A. Definitions.

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§ 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…

21 Del. C. § 6902. Notification to owner of removal of vehicle; disposal of removed vehicle.

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§ 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…

21 Del. C. § 6902A. Applicability.

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§ 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…

21 Del. C. § 6903A. Pre-towing requirements.

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§ 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…

21 Del. C. § 6904A. Consent for towing; exceptions.

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§ 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…

21 Del. C. § 6905A. Incomplete tows.

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§ 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…

21 Del. C. § 6906A. Storage of nonconsensually-towed motor vehicles.

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§ 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…

21 Del. C. § 6907A. Fees and payments.

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§ 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…

21 Del. C. § 6908A. Unlawful practices.

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§ 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…

21 Del. C. § 6909A. Damages, compensation, and penalties.

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§ 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…

21 Del. C. § 7001. Stopping, standing or parking in fire lanes; penalty.

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§ 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…

21 Del. C. § 7002. Immunity for enforcement; exception.

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§ 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…

21 Del. C. § 7003. Payment by voluntary assessment; presumptions; procedure for contesting; failure to pay or contest.

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§ 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 …

21 Del. C. § 7004. Enforcement by cadets appointed by the Superintendent of the State Police.

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§ 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…

21 Del. C. § 7101. Definitions.

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§ 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…

21 Del. C. § 7103. Driving in funeral processions.

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§ 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…

21 Del. C. § 7104. Penalties.

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§ 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;

21 Del. C. § 7501. Definitions.

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§ 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. …

21 Del. C. § 7502. License requirements; exception.

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§ 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…

21 Del. C. § 7503. Location requirements.

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§ 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;…

21 Del. C. § 7504. Application for license.

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§ 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…

21 Del. C. § 7505. Issuance of licenses.

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§ 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;

21 Del. C. § 7506. License fee and renewal.

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§ 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 …

21 Del. C. § 7507. Record of vehicles and catalytic converters; inspections.

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§ 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…

21 Del. C. § 7508. Refusal, suspension or revocation of license.

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§ 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…

21 Del. C. § 7509. Hearing notice.

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§ 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;…

21 Del. C. § 7510. Hearing procedures.

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§ 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;

21 Del. C. § 7511. Judicial review.

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§ 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;

21 Del. C. § 7512. Penalty.

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§ 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…

21 Del. C. § 8001. Vehicle Equipment Safety Compact [Repealed].

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§ 8001. Vehicle Equipment Safety Compact [Repealed]. Repealed by 65 Del. Laws, c. 448, § 1, eff. July 8, 1986.

21 Del. C. § 8011-8018. Legislative findings; retention by General Assembly of authority; Secretary of Public Safety to be Commissioner; cooperation by state agencies; filing of documents; notices; submission of budget; inspection of accounts; Governor is executive head [Repealed].

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§§ 8011-8018. Legislative findings; retention by General Assembly of authority; Secretary of Public Safety to be Commissioner; cooperation by state agencies; filing of documents; notices; submission of budget; inspection of accounts; Governor is executive head [Repealed]. Repeale…

21 Del. C. § 8101. Driver’s License Compact.

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§ 8101. Driver’s License Compact. The Driver’s License Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: DRIVER’S LICENSE COMPACT ARTICLE I Findings and Declaration of Policy (a) The part…

21 Del. C. § 8111. Definitions.

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§ 8111. Definitions. As used in this chapter and in the compact with reference to this State: (1) “Compact administrator” means the Secretary of Transportation. (2) “Executive head” means the Governor. (3) “Licensing authority” means the Department of Transportation.21 Del. C. 19…

21 Del. C. § 8112. Compensation of compact administrator.

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§ 8112. Compensation of compact administrator. The compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on account of the compact administrator’s service as such administrator but shall be entitled to expenses incur…

21 Del. C. § 8113. Furnishing of information to other states.

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§ 8113. Furnishing of information to other states. The Department of Transportation shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV and V of the compact.21…

21 Del. C. § 8301. Definitions.

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§ 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 …

21 Del. C. § 8302. Enforcement by the Secretary.

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§ 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…

21 Del. C. § 8303. License for schools; requirements.

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§ 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 …

21 Del. C. § 8304. License for instructors; requirements.

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§ 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…

21 Del. C. § 8305. License fees.

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§ 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…