Title 2 — Transportation
15 chapters · 150 sections in this title.
2 Del. C. § 301. Definitions.
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§ 301. Definitions. When used in this chapter: (1) “Airperson” includes aviator, pilot, balloonist and every other person having any part in the operation of aircraft while in flight. (2) “Aircraft” includes balloon, airplane, hydroplane and every other vehicle used for navigatio…
2 Del. C. § 302. Sovereignty in space.
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§ 302. Sovereignty in space. Sovereignty in the space above the lands and waters of this State rests in the State, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this State.33 Del. Laws, c. 199, § 2; Code 1935, § 577…
2 Del. C. § 303. Ownership of space.
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§ 303. Ownership of space. The ownership of space above the lands and waters of this State is vested in the several owners of the surface beneath, subject to the right of flight described in § 304 of this title.33 Del. Laws, c. 199, § 3; Code 1935, § 5778; 2 Del. C. 1953, § 303;
2 Del. C. § 304. Lawfulness of flight and landings.
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§ 304. Lawfulness of flight and landings. Flight in aircraft over the lands and waters of this State is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless…
2 Del. C. § 305. Damage on land; liability.
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§ 305. Damage on land; liability. The owner of every aircraft which is operated over the lands or waters of this State is absolutely liable for injuries to persons or property on the land or water beneath, caused by the ascent, descent or flight of the aircraft, or the dropping o…
2 Del. C. § 306. Collision of aircraft; law governing liability.
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§ 306. Collision of aircraft; law governing liability. The liability of the owner of 1 aircraft to the owner of another aircraft, or to airpersons or passengers on either aircraft, for damage caused by collision on land or in the air, shall be determined by the rules of law appli…
2 Del. C. § 307. Crimes and torts in flight; law governing.
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§ 307. Crimes and torts in flight; law governing. All crimes, torts and other wrongs committed by or against an airperson or passenger while in flight over this State shall be governed by the laws of this State; and the question whether damage occasioned by or to an aircraft whil…
2 Del. C. § 308. Contracts in flight.
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§ 308. Contracts in flight. All contractual and other legal relations entered into by aeronauts or passengers while in flight over this State shall have the same effect as if entered into on the land or water beneath.33 Del. Laws, c. 199, § 8; Code 1935, § 5783; 2 Del. C. 1953, §…
2 Del. C. § 309. Dangerous flying; penalty.
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§ 309. Dangerous flying; penalty. Whoever, being an airperson or passenger, while in flight over a thickly inhabited area or over a public gathering within this State, engages in trick or acrobatic flying, or in any acrobatic feat, or, except while in landing or taking off, flies…
2 Del. C. § 310. Hunting from aircraft; penalty.
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§ 310. Hunting from aircraft; penalty. Whoever, being an airperson or passenger, while in flight within this State, intentionally kills or attempts to kill any birds or animals, shall be fined not more than $100 or imprisoned not more than 6 months, or both.33 Del. Laws, c. 199, …
2 Del. C. § 311. Uniformity of interpretation.
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§ 311. Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronauti…
2 Del. C. § 312. Aiming the beam of a laser pointer at an aircraft prohibited; unclassified misdemeanor.
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§ 312. Aiming the beam of a laser pointer at an aircraft prohibited; unclassified misdemeanor. (a) A person is guilty of aiming the beam of a laser pointer at an aircraft when the person knowingly shines, points, or focuses the beam of a laser pointer at an aircraft while it is i…
2 Del. C. § 501. Adoption of Federal Aviation Regulations governing aircraft operations.
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§ 501. Adoption of Federal Aviation Regulations governing aircraft operations. The federal government has enacted laws (Part A of Subtitle VII of Title 49 of the United States Code, as amended) and promulgated regulations concerning the operation of aircraft. The rules and regula…
2 Del. C. § 502. Use of alcohol or drugs in connection with aircraft operations.
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§ 502. Use of alcohol or drugs in connection with aircraft operations. The State recognizes the serious hazard to safe aircraft operations and to the public resulting from the impairment of an airperson’s faculties due to the use of alcohol or drugs. In conformity with Parts 61, …
2 Del. C. § 503. Penalties; jurisdiction.
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§ 503. Penalties; jurisdiction. Violations under this chapter shall be referred by the Department, through the Office of Aeronautics, to the Federal Aviation Administration for enforcement action and/or imposition of sanctions.70 Del. Laws, c. 575, § 16;
2 Del. C. § 504-508. [Reserved.]
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§§ 504-508. [Reserved.]
2 Del. C. § 601. Jurisdiction.
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§ 601. Jurisdiction. The Department may enforce this chapter by the filing of a complaint in a court of appropriate jurisdiction, including a complaint for injunctive relief.70 Del. Laws, c. 575, § 17;
2 Del. C. § 602. Erection or maintenance of obstructions; prohibitions.
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§ 602. Erection or maintenance of obstructions; prohibitions. (a) A building permit issued by the county or municipality having land use jurisdiction, after review and approval as provided herein, shall be required for the construction, erection, placement or alteration of any sm…
2 Del. C. § 603. Erection or maintenance of obstructions; penalties.
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§ 603. Erection or maintenance of obstructions; penalties. Whoever constructs, erects, places or alters any obstruction without first obtaining a building permit as required in this chapter shall, upon being found liable therefore in a civil proceeding, be fined an amount not exc…
2 Del. C. § 701. Authority to establish, acquire and operate.
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§ 701. Authority to establish, acquire and operate. (a) The Department may, on behalf of and in the name of this State, within the limitation of available appropriations, acquire by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property real or personal, …
2 Del. C. § 702. Acquisition of easements and airport protection privileges.
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§ 702. Acquisition of easements and airport protection privileges. Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports and restricted landing areas acquired or operated under this chapter, the Department may ac…
2 Del. C. § 703. Joint operations.
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§ 703. Joint operations. The Department may engage in all the activities specified in §§ 701 and 702 of this title jointly with the United States, other states, and with political subdivisions or other agencies of this State.Code 1935, c. 167; 45 Del. Laws, c. 301, § 11(3); 2 Del…
2 Del. C. § 704. Condemnation.
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§ 704. Condemnation. (a) The Department may exercise the right of eminent domain, in the name of the State, for the acquisition of real property for public purposes, for the purpose of acquiring any property which it is authorized by this title to acquire by condemnation. In such…
2 Del. C. § 705. Leases and sales.
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§ 705. Leases and sales. (a) The Department may lease for a term not exceeding 10 years, such airports, or other air navigation facilities or real property acquired or set apart for airport purposes, to private parties, any municipal or state government or the national government…
2 Del. C. § 706. Charges and rentals; lien.
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§ 706. Charges and rentals; lien. The Department may determine the charges or rental for the use of any properties and the charges for any service or accommodations under its control and the terms and conditions under which these properties may be used. No charge or rental under …
2 Del. C. § 707. Department’s functions and powers governmental.
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§ 707. Department’s functions and powers governmental. The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of any airport protection privileges; the acquisition, establishment, construction, enlargement, improv…
2 Del. C. § 708. Tort liability.
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§ 708. Tort liability. No action or suit sounding in tort shall be brought or maintained against the State or any political subdivision, or the officers, agents, servants or employees of the State or any political subdivision, on account of any act done in or about the constructi…
2 Del. C. § 1301. Short title.
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§ 1301. Short title. This chapter shall be known as the Delaware Transportation Authority Act.62 Del. Laws, c. 164, §§ 1, 2;
2 Del. C. § 1302. Legislative findings and determinations.
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§ 1302. Legislative findings and determinations. (a) The General Assembly finds that: (1) There is a continuing need to apply the resources of the State to implement plans for air, water, vehicular, public and specialized transportation in the State; (2) There is a continuing nee…
2 Del. C. § 1303. Definitions.
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§ 1303. Definitions. (a) “Delaware Transit Corporation” means a corporation created pursuant to this chapter which is the parent corporation of subsidiaries created pursuant to this chapter the purpose of which is to provide public transit services. (b) “Airport facility” means a…
2 Del. C. § 1304. Established; Director.
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§ 1304. Established; Director. (a) There is hereby established a body corporate and politic, to be known as the “Delaware Transportation Authority.” The Authority shall be a public instrumentality of the State exercising public and essential governmental functions, and the exerci…
2 Del. C. § 1305. Turnpike maintenance and operations.
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§ 1305. Turnpike maintenance and operations. The Authority is authorized to make appropriate provisions for the maintenance and operation of the Delaware Turnpike including, but not limited to, assignment of the responsibility for maintenance and operation by the Division of High…
2 Del. C. § 1306. Aeronautics within the Department.
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§ 1306. Aeronautics within the Department. Administration of the laws of this State appearing in Chapters 1, 3, 5, 7 and 9 of this title shall be administered by the Office of Aeronautics within the Department. The Secretary of the Department may appoint a person of suitable qual…
2 Del. C. § 1307. Subsidiaries.
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§ 1307. Subsidiaries. (a) The Authority may create or abolish 1 or more subsidiary corporations and grant to such subsidiaries any or all of the powers to perform the duties, functions or activities granted by this chapter to the Authority necessary or convenient to execute the p…
2 Del. C. § 1308. Termination of local and specialized transportation authorities [Repealed].
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§ 1308. Termination of local and specialized transportation authorities [Repealed]. Repealed by 69 Del. Laws, c. 435, § 16, eff. July 14, 1994.
2 Del. C. § 1309. Powers.
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§ 1309. Powers. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, to be exercised through the written approval of the Secretary, including, but without limiting the generality of the foregoi…
2 Del. C. § 1310. Revenues.
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§ 1310. Revenues. (a) The Authority may make and enforce such rules and regulations and establish, fix and revise from time to time, and charge and collect (or authorize by contract, franchise, lease or otherwise, the establishment, fixing, revising, changing, charging and collec…
2 Del. C. § 1311. Bonds.
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§ 1311. Bonds. The Authority is hereby authorized to provide by resolution, at 1 time or from time to time, for the issuance of duly authorized bonds of the Authority for any of its corporate purposes, including the refunding of its bonds. The principal of, premium, if any, and t…
2 Del. C. § 1312. Authorized projects.
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§ 1312. Authorized projects. The Authority is hereby authorized to issue bonds to refund outstanding bonds of the Authority and to issue bonds to finance the costs of the following transportation facilities forming part of the unified transportation system of the State: (1) Recon…
2 Del. C. § 1313. Projects transferred to Authority; cancellation of state general obligation bond authority.
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§ 1313. Projects transferred to Authority; cancellation of state general obligation bond authority. There is hereby repealed the authorization to issue bonds, to which the State has been authorized to pledge its faith and credit, the proceeds of which were appropriated to the Dep…
2 Del. C. § 1314. Authorization of state highway projects.
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§ 1314. Authorization of state highway projects. (a) In order to assist the program of highway construction and reconstruction authorized in §§ 1312 and 1313 of this title, and in connection with the construction and reconstruction of the State’s unified transportation system, th…
2 Del. C. § 1315. Credit of State not pledged to Authority bonds.
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§ 1315. Credit of State not pledged to Authority bonds. Bonds issued by the Authority under this chapter shall not constitute a debt or liability of the State or of any political subdivision thereof or a pledge of the faith and credit of the State or of any such political subdivi…
2 Del. C. § 1316. Bonds as legal investments; legal deposit.
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§ 1316. Bonds as legal investments; legal deposit. Bonds issued pursuant to this chapter are securities in which all state officers and officers of political subdivisions, administrative departments, boards and commissions of the State, all banks, bankers, savings banks and insti…
2 Del. C. § 1317. Revenues as trust funds; pledge or assignment of revenues; security interest.
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§ 1317. Revenues as trust funds; pledge or assignment of revenues; security interest. All moneys received pursuant to this chapter, whether as proceeds from sale of bonds, from grants or other contributions or other revenues, shall be trust funds, to be held and applied solely as…
2 Del. C. § 1318. Certain contract with bondholders.
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§ 1318. Certain contract with bondholders. The State hereby pledges to and agrees with the holders of bonds issued pursuant to this chapter that the State will not limit or restrict the rights granted to the Authority by this chapter to construct, reconstruct, improve, extend, al…
2 Del. C. § 1319. Exemption from taxation.
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§ 1319. Exemption from taxation. The State covenants with the purchasers and with all subsequent holders, owners and transferees of bonds, in consideration of the acceptance of and payment for the bonds, that the bonds (which include interest thereon), and their transfer, shall b…
2 Del. C. § 1320. Special provisions relating to Delaware Turnpike.
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§ 1320. Special provisions relating to Delaware Turnpike. (a) The Authority and the State shall always maintain and keep in good condition and operating repair the Delaware Turnpike. (b) The Authority may provide or make provision for an adequate police force to enforce the laws …
2 Del. C. § 1321. Limitation on jurisdiction of political subdivisions.
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§ 1321. Limitation on jurisdiction of political subdivisions. No political subdivision of the State shall exercise any power, authority or jurisdiction over property of the Authority including but not limited to the exercise of the police power or the exercise of the power of con…
2 Del. C. § 1322. Conveyance to Authority.
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§ 1322. Conveyance to Authority. Any political subdivision, agency, department or commission of the State, notwithstanding any contrary provision of law, may lease, grant or convey to the Authority any real property or rights in real property, including but not limited to public …
2 Del. C. § 1323. Audit of books and accounts.
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§ 1323. Audit of books and accounts. The office of Auditor of Accounts shall cause an annual audit of the books and accounts of the Authority. The selection of a firm to perform the annual audit of the books and accounts of the Authority shall be mutually agreed upon by the offic…