Title 21, Motor Vehicles

§ 304. Examiners for operators’ licenses; appointment; use of local officers. (a) The examiners of applicants for operators’ licenses shall be appointed by and shall be under the supervision of the Secretary. (b) The Department may designate local officers of the law or may appoi…

§ 305. Privacy act governing the release of motor vehicle driving history and license records. (a) In general. — Except as provided in subsections (b), (d), (e) and (i) of this section, the Division of Motor Vehicles and any officer, employee or contractor thereof or any other pe…

§ 307. Deposits and disbursements. (a) All moneys received by the Division of Motor Vehicles under this title and Title 30 shall be deposited daily to the credit of the Transportation Trust Fund. (b) Those funds directed to be received by the Department of Safety and Homeland Sec…

§ 308. Contingent fund for refund of renewal registration fees. The Department shall retain out of the revenue collected by it a sum sufficient to provide at all times a contingent fund of $1,000, out of which it shall pay any refunds for renewal registration fees provided for in…

§ 309. Sale of motor vehicle in possession of Secretary of Safety and Homeland Security. (a) Whenever the owner or person entitled to the possession of any motor vehicle, or part thereof, in the custody of the Secretary of Safety and Homeland Security (hereinafter “Secretary”) ca…

§ 310. Notice to Secretary of Safety and Homeland Security of motor vehicles in possession of imprisoned persons. Where a person is committed to prison in default of paying a fine for a violation of this title or any other law of this State and such person was in possession of a …

§ 311. Notice to Secretary of Safety and Homeland Security of motor vehicles stored and unmoved for 30 days. All persons who are engaged in the business of storing of automobiles shall notify the Secretary of Safety and Homeland Security of the make, engine and serial numbers and…

§ 312. Report of stolen or recovered motor vehicles; index. (a) Every sheriff and every police commissioner and chief of police or peace officer of every jurisdiction, upon receiving information that a motor vehicle has been stolen or that a motor vehicle having been stolen has b…

§ 313. Accident statistics and reports; evidence. (a) The Department of Safety and Homeland Security shall prepare and supply to law-enforcement agencies forms for accident reports that require sufficiently detailed information about the cause, conditions then existing, and the p…

§ 314. Uncollectible fees; penalties. (a) Whenever any payment given to the Department in payment of any fee or for any other purpose is returned to the Department as uncollectible, the Secretary shall charge the person presenting such payment, in addition to the protest fee, a r…

§ 315. Failure to report change of address; penalty. Whoever, holding an operator’s license issued to such person under the laws of this State or having a motor vehicle or tractor registered in such person’s name under the laws of this State, fails or neglects within 1 month afte…

§ 316. Exceptions from application of certain provisions of this title. Every motor vehicle, trailer, semitrailer and pole trailer when driven or moved upon a highway shall be subject to this title with respect to registration, certificate of title and inspection except: (1) Any …

§ 318. Notarial fees; penalty. (a) Notaries’ public fees for administering and certifying, under hand and notarial stamp or seal, the necessary oaths or affirmations to an applicant for the registration and titling of a motor vehicle and the necessary operator’s license shall not…

§ 401. Power of Secretary to make agreements with other states; general character; conditions. (a) The Secretary of Transportation may enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to vehicles or to owners of veh…

§ 402. Equalizing fee on vehicles registered to nonresidents. (a) Except as otherwise provided by reciprocity agreement or other arrangement entered into by the Secretary or by a declaration issued by the Secretary, no motor vehicle or trailer or semitrailer registered in another…

§ 403. Base state registration reciprocity. An agreement or arrangement entered into or a declaration issued under the authority of § 401 of this title may authorize the registration or licensing in another jurisdiction of vehicles located in or operated from a base in such other…

§ 404. Declarations of extent of reciprocity; when. In the absence of an agreement or arrangement with another jurisdiction, the Secretary of Transportation may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits and pr…

§ 405. Extension of reciprocal privileges to lessees authorized. An agreement or arrangement entered into or a declaration issued under the authority of § 401 of this title may contain provisions under which a leased vehicle properly registered by the lessor thereof may be entitl…

§ 406. Automatic reciprocity; when. If no agreement, arrangement or declaration is in effect with respect to another jurisdiction as authorized by § 401 of this title, any vehicle properly registered or licensed in such other jurisdiction, and for which evidence of compliance is …

§ 407. Suspension of reciprocity benefits. Agreements, arrangements or declarations made under the authority of § 401 of this title may include provisions authorizing the Secretary of Transportation to suspend or cancel the exemptions, benefits or privileges granted thereunder to…

§ 408. Agreements to be written, filed and available for distribution. All agreements, arrangements or declarations or amendments thereto shall be in writing and shall be filed in the office of the Secretary of Transportation. Copies thereof shall be made available by the Secreta…

§ 409. Reciprocity agreements in effect on May 5, 1964. All reciprocity registration or driver agreements, arrangements and declarations relating to vehicles or drivers in force and effect on May 5, 1964, shall continue in force and effect until specifically amended or revoked as…

§ 410. Protection of State’s income. The Secretary of Transportation shall enter into no agreement, etc., that shall result in a serious or appreciable reduction of income to the State.21 Del. C. 1953, § 411; 54 Del. Laws, c. 274; 57 Del. Laws, c. 670, § 23D; 74 Del. Laws, c. 110…

§ 420. General authority. (a) If any jurisdiction permits or requires the licensing of fleets of vehicles in interstate or combined interstate and intrastate commerce and the payment of registration, license or other fixed fees on an apportionment basis commensurate with and dete…

§ 421. Base state registration. An agreement, arrangement or declaration made under this subchapter may authorize the registration or licensing in another jurisdiction of vehicles that are located in or operated from a base in that jurisdiction and that otherwise would be require…

§ 422. Authority to enter in reciprocity agreements with toll agencies and motor vehicle agencies for toll interoperability and collection of tolls and penalties. The Secretary may enter into reciprocal agreements with duly authorized representatives of other agencies, authoritie…

§ 423. Minimum provisions for reciprocity agreements. When an away agency certifies with supporting evidence that the operator of a motor vehicle registered in this State either owes a toll(s) or failed to pay a toll, the Department may collect the civil penalties and tolls prope…

§ 501. Erection of signs by local authorities; signs necessary to enforce local regulations. Local authorities in their respective jurisdictions may erect and maintain signs designating residence and business districts, highways and steam or interurban railway grade crossings and…

§ 502. Signs on private property. The Department of Transportation may erect and maintain all appropriate signals, lights or any other type of sign on private property over which the Department of Safety and Homeland Security has assumed jurisdiction. Nothing in this section shal…

§ 701. Arrest without warrant for motor vehicle violations. (a) The Secretary of Safety and Homeland Security, the Secretary of Safety and Homeland Security’s deputies, Division of Motor Vehicles investigators, State Police, state detectives and other police officers authorized b…

§ 702. Failure to answer summons; penalty. (a) Whoever fails to answer any summons to appear in any court of competent jurisdiction to answer for any violation of the motor vehicle laws of this State, after notice thereof served personally or securely fastened to the motor vehicl…

§ 703. Jurisdiction of offenses. (a) A person arrested without a warrant for a violation of any section of this title, or arrested for any moving traffic violation or any municipal ordinance regulating traffic within its territorial limits as set forth in Chapter 41 of this title…

§ 703A. Reporting of offenses to the Division of Motor Vehicles by the courts. All record convictions for any person for violations of this title, Title 4, Title 10, Title 11 and Title 16, which apply to motor vehicle violations, the suspension and/or revocation of a license and/…

§ 704. Jurisdiction over certain children; notice that child has been taken into custody. (a) Justices of the peace shall have jurisdiction over a child 16 or 17 years of age or older charged with having violated this title, except as provided in § 927 of Title 10 and except when…

§ 705. Bail. In the event of an arrest for the violation of any section of this title, if the defendant is unable to give sufficient bail for a hearing or for the defendant’s presence at court, the justice of the peace before whom the defendant is first taken may accept as a forf…

§ 706. Disposition of fines and costs. (a) All fines collected for the violation of any of the provisions of this title, in the limits of any county, incorporated city or town in this State where arrests are procured by the authorized representatives of that county, incorporated …

§ 707. Sunday hearings; bail. (a) Any justice of the peace or mayor may hear and determine cases involving alleged violation of the traffic laws on Sunday. (b) Any judgment rendered or bail bond taken in pursuance of the provisions of this title shall be of full force and effect …

§ 708. Appeal. (a) Any person convicted under this title, or under any municipal ordinance or other law, for a motor vehicle violation within the State before an alderman or mayor of any incorporated city or town, shall have the right of an appeal, unless otherwise stated in this…

§ 709. Payment of motor vehicle fines. (a) Applicability. — Any duly constituted peace officer in the State who charges any person with any of the offenses hereinafter designated “motor vehicle offenses subject to voluntary assessment” may indicate on the Uniform Traffic Complain…

§ 710. State Police size and weight enforcement technicians. (a) The Secretary of Public Safety may designate civilian members of the Division of State Police as size and weight enforcement technicians. Members of the Division of State Police so designated shall be empowered to p…

§ 711. Summons or citations in offenses involving injury. In any matter in which a violation of this title is alleged to involve physical injury to a person, other than the person charged with the violation, each summons or uniform traffic citation issued by the arresting or inve…

§ 712. Uniform Traffic Complaint and Summons. (a) Notwithstanding any other provision of law to the contrary, a Uniform Traffic Complaint and Summons may be issued electronically or in written form. The office may sign the Uniform Traffic Complaint and Summons using an electronic…

§ 713. Classification of motor vehicle offenses. Notwithstanding § 4203 of Title 11, any criminal offense in this title, unless otherwise declared with respect to particular offenses, or unless an offense described in § 709(e)(1)-(16) of this title, shall be a violation. The prov…

§ 801. Applicability. The provisions of this chapter shall apply to civil penalties created pursuant to §§ 4101(d) and 4802 of this title and to other civil penalties provided for in this title.75 Del. Laws, c. 204, § 1;

§ 802. Authority to stop. Any police officer is authorized to make an administrative stop for purposes of enforcing a civil traffic statute, upon a reasonable and articulable suspicion that a violation of such statute has occurred.75 Del. Laws, c. 204, § 1;

§ 803. Right of transfer. The provisions of § 5303 of Title 11 shall not apply to a civil traffic offense. However, the Justice of the Peace Court may establish procedures for transferring to the Court of Common Pleas a civil traffic offense with a criminal offense which occurred…