Title 21 — Motor Vehicles

§ 101. Words and phrases [For application of this section, see 85 Del. Laws, c. 40, § 15; 85 Del. Laws, c. 253, § 23]. For the purposes of this title, unless the context otherwise clearly indicates: (1) “All terrain vehicle” or “ATV” means an “off-highway vehicle” or “OHV” that i…

§ 301. General duty of Departments. The Department of Transportation and/or the Department of Safety and Homeland Security, in keeping with their respective responsibilities, and all officers thereof shall enforce this title, unless otherwise designated in this title or by other …

§ 302. Rules and regulations. (a) The Secretary of Transportation and/or the Secretary of Safety and Homeland Security, in keeping with their respective responsibilities, may adopt and enforce such administrative rules and regulations and designate such agencies as may be necessa…

§ 303. Forms. The Secretary shall provide suitable forms for applications, registration cards, license number plates and all other forms required for the purposes of this title and shall prepay transportation charges thereon.36 Del. Laws, c. 10, § 3; Code 1935, § 5541; 43 Del. La…

§ 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…

§ 306. [Reserved].

§ 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 …

§ 317. [Reserved].

§ 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…

§ 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…

§§ 503-506. [Reserved.]

§ 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…

§ 804. Jurisdiction over certain children. The Justice of the Peace Court shall have jurisdiction over children age 16 or 17 years of age or older charged with a civil traffic offense except when said child is also charged in the same incident with having violated 1 or more offen…

§ 805. Payment of penalties and costs. (a) Payment of penalties and costs. — Upon being found responsible for a civil traffic offense, all the costs shall be paid by the party found responsible. (b) The videophone assessment provided for in § 4101(d) of Title 11 shall not be asse…

§ 806. Payment by voluntary assessment. Civil traffic offenses shall be payable by mail to the voluntary assessment center or other applicable entity. The provisions of this chapter shall govern the failure to pay a voluntary assessment for a civil traffic offense.75 Del. Laws, c…

§ 807. Default judgment. If a defendant: (1) Requests a hearing and fails to appear on a civil traffic charge; or (2) Fails to either pay the voluntary assessment within the time specified on the notice or summons, or to notify the court or voluntary assessment center or applicab…

§ 808. Forwarding of names to the Division of Motor Vehicles. (a) Except as to persons operating a commercial motor vehicle in violation of § 4176C of this title, § 703A of this title shall not apply to persons found responsible for civil traffic offenses. No record of a finding …

§ 809. Suspension of license. When a person’s name and address is forwarded to the Division of Motor Vehicles pursuant to § 808(b) of this title and the offense was one for which the person received personal service of the notice or summons, or the offense was one for which servi…

§ 810. Refusal of registration renewal. When a person’s name and address is forwarded to the Division of Motor Vehicles pursuant to § 808(b) of this title and the offense was 1 for which the person received service of the notice or summons by mail and the person has not responded…

§ 811. Appeal. Any appeals of civil penalties assessed under this chapter shall be taken in the same manner as provided in § 708 of this title.75 Del. Laws, c. 204, § 1;

§ 812. Court rules or policies. The Justice of the Peace Court, upon approval by the Chief Justice, may develop court rules, administrative directives, or other forms of policies for handling of civil traffic offenses.75 Del. Laws, c. 204, § 1;

§ 2501. Expiration of registration upon transfer of title. Whenever the owner of a vehicle registered under this title transfers or assigns the title or interest thereto, the registration of such vehicle shall expire.36 Del. Laws, c. 10, § 15; Code 1935, § 5553; 43 Del. Laws, c. …

§ 2502. Endorsement and delivery of registration card upon transfer. An owner, upon transferring a registered vehicle, shall endorse the name and address of the transferee and the date of transfer upon the registration card issued for such vehicle and shall immediately give or se…