Title 21, Motor Vehicles

§ 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…

§ 8614. Loss of use damages prohibited [For application of this section, see 84 Del. Laws, c. 363, § 3]. (a) For the purposes of this section, “loss of use” means the deprivation of the use of a person’s vehicle during the period reasonably required to make repairs or replace the…

§ 8701. Legislative intent. (a) The intent of the General Assembly is to protect the public health, safety, and welfare of the residents of this State by regulating the relationship among new recreational equipment dealers, manufacturers, distributors, and suppliers; maintaining …

§ 8702. Definitions. As used in this chapter: (1) a. “All-terrain vehicle” or “ATV” means a motorized “off-highway vehicle” or “OHV” designed to travel on 4 low-pressure tires, with a seat straddled by the operator and handlebars for steering control. For purposes of this definit…

§ 8703. Written agreements and designated territories. (a) A manufacturer or distributor may not sell any new recreational equipment in this State to or through a new recreational equipment dealer without having first entered into a written and signed manufacturer-dealer agreemen…

§ 8704. Termination, cancellation, nonrenewal, or alteration of a dealership. (a) A manufacturer or distributor, directly or through any authorized officer, agent, or employee, may not terminate, cancel, or fail to renew a manufacturer-dealer agreement without good cause. If the …

§ 8705. Repurchase of inventory. (a) If a new recreational equipment dealer terminates, cancels, or fails to renew a manufacturer-dealer agreement for “good cause” as defined in § 8704(e) of this title and the manufacturer fails to cure the claimed deficiencies as provided in § 8…

§ 8706. Transfer of dealership; family succession. (a) If a new recreational equipment dealer desires to make a change in ownership by the sale of the business assets, stock transfer, or otherwise, the new recreational equipment dealer shall give the manufacturer or distributor w…

§ 8707. Warranty obligations; sales incentives. (a) A warrantor must do all of the following: (1) Specify in writing to each of its new recreational equipment dealers all new recreational equipment dealer obligations, if any, for preparation, delivery, and warranty service on its…

§ 8708. Indemnification. 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 equipment dealer against any losses or damages to the extent that the losses…

§ 8709. Inspection and rejection by the dealer. (a) If a piece of new recreational equipment is damaged prior to transit to a new recreational equipment dealer or is damaged in transit to the new recreational equipment dealer when the carrier or means of transportation has been s…

§ 8710. Coercion of new recreational equipment dealer prohibited. (a) A manufacturer or distributor may not coerce or attempt to coerce a new recreational equipment dealer to do any of the following: (1) Purchase a product that the new recreational equipment dealer did not order.…

§ 8711. Mediation. (a) A new recreational equipment 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 may award reasonable attorneys’ fees and costs to the prevailing …

§ 8712. Regulations. The Division of Motor Vehicles has the authority to promulgate and adopt rules and regulations necessary to carry out the provisions of this chapter.85 Del. Laws, c. 437, § 1;

§ 8713. Association standing. (a) In order to prevent injury or harm to all or a substantial number of its members or to the franchise distribution system of new recreational equipment within this State, any association that has as members at least 4 recreational equipment dealer…

§ 8801. Advertising and sale of electrically powered mopeds and motorcycles. (a) For purposes of this section, “advertisement” means as defined in § 2511 of Title 6. (b) A commercial seller or an agent of a commercial seller may not sell, offer for sale, rent, or lease an electri…