CHAPTER 244 – MOTOR VEHICLES

AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO MOTOR VEHICLES, BY CHANGING THE METHOD AND TIME OF REGISTRATION AND INSPECTION THEREOF, BY PROVIDING FOR REGISTRATION PLATES AND PERMANENT NUMBER PLATES THEREFOR, BY CHANGING THE METHOD OF TITLING THEREOF AND CHANGING THE METHOD OF FILING LIENS WITH RESPECT THERETO, BY PROVIDING FOR TEMPORARY REGISTRATION PERMITS THEREOF, BY PROVIDING REGISTRATION AND OTHER FEES, AND BY PROVIDING FOR CANCELLATION, RECISION, SUSPENSION AND EXPIRATION OF REGISTRATION THEREOF.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5545. Section 7 of said Article and by inserting in lieu thereof the following:

5545. Section 7. REGISTRATION AND TITLE. (a) It shall be unlawful for any person to drive or move or for an owner knowingly to permit to be driven or moved upon any highway any vehicle of a type required to be registered hereunder which is not registered and for which a certificate of title has not been issued or applied for or for which current registration plates have not been issued as provided in this Article or for which the appropriate fees have not been paid when and as required by this Article, except that when application accompanied by the proper fee has been made for registration and certificate of title for a vehicle the same may be operated temporarily pending complete registration upon displaying a duplicate application duly verified or other evidence of such application, or otherwise under rules and regulations promulgated by the Department.

(b) Every motor vehicle, trailer, semi-trailer, and pole trailer when driven or moved upon a highway shall be subject to the provisions of this act with respect to registration, certificate of title, and inspection except:

(1) Any such vehicle driven or moved upon a highway in conformance with the provisions of this Act relating to manufacturers, transporters, dealers, or non-residents, or under a temporary registration permit issued by the department as hereinafter authorized;

(2) Any such vehicle which is driven or moved upon a highway only for the purpose of crossing such highway from one property to another;

(3) Any vehicle owned by the Government of the United States and plainly marked to indicate such ownership and identify the particular vehicle.

SECTION 2. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5546. Section 8 of said Article and by inserting in lieu thereof the following:

5546. Section 8. APPLICATION FOR REGISTRATION AND CERTIFICATE OF TITLE. (a) Every owner of a vehicle desiring registration hereunder shall make application to the department for the registration thereof and issuance of a certificate of title for such vehicle upon the appropriate form or forms furnished by the department. Every such application shall bear the signature of the owner written with pen and ink and said signature shall be acknowledged by the owner before a person authorized to administer oaths. Said application shall contain:

(1) The name and address of the owner. When the owner is an individual, the address shall be the bona fide residence of the individual. When the owner is a partnership, association, trust or corporation, the address shall be that of the principal office thereof wherever located, together with the address of the principal office within the State of Delaware, if any.

(2) A description of the vehicle including, insofar as the hereinafter specified data may exist with respect to a given vehicle, the make, model, type of body, the number of cylinders, the serial number of the vehicle, the engine or other number of the vehicle and whether new or used, and, if a new vehicle, the date of sale by the manufacturer or dealer to the person intending to operate such vehicle;

(3) A statement of the applicant's title and of all liens or encumbrances upon said vehicle, the names and addresses of all persons, firms or corporations, having any interest therein, the nature of every such interest, and the name and address of the person, firm or corporation, to whom the certificate of title shall be delivered by the department;

(4) Such further information as may reasonably be required by the department to enable it to determine whether the vehicle is lawfully entitled to registration and the owner entitled to a certificate of title.

When such application refers to a new vehicle purchased from a dealer the application shall be accompanied by the bill of sale or other written statement of the sale by the dealer, which bill of sale or statement shall show any lien upon said vehicle retained by the dealer.

(b) In the event that the vehicle, for which registration is applied, is a specially constructed, reconstructed, or a foreign vehicle, such fact shall be stated in the application, and with reference to every foreign vehicle which has been registered theretofore outside of this State the owner shall surrender to the department all registration cards, and certificates of title or other evidence of such foreign registration or ownership as may be in his possession or under his control, except where in the course of interstate operation of a vehicle registered in another state it is desirable to retain registration of said vehicle in such other State, such applicant need not surrender but shall submit for inspection said evidences of such foreign registration or ownership and the department upon a proper showing may register said vehicle in this State, but shall not issue a certificate of title therefor.

(c) In the event that the owner of a motor vehicle for which registration is applied, rents, or intends to rent, such motor vehicle without a driver, such fact shall be stated in the application and the Department shall not register such vehicle until and unless the owner shall produce evidence to the Department of his financial ability to respond in damages as follows (provided however, that such evidence may consist of insurance carried as provided in Section 21 of this Article):

(1) If he apply for registration of one motor vehicle, in the sum of a least Five Thousand Dollars for any one person injured or killed and in the sum of Ten Thousand Dollars for any number more than one injured or killed in any one accident.

(2) If he apply for the registration of more than one motor vehicle then in the foregoing sums for one motor vehicle and Five Thousand Dollars additional for each motor vehicle in excess of one; but it shall be sufficient for the owner to demonstrate his ability to respond in damages in the sum of One Hundred Thousand Dollars for any number of motor vehicles.

The Department shall cancel the registration of any motor vehicle rented without a driver whenever the Department ascertains that the owner has failed or is unable to comply with the requirements of this section.

(d) Where the engine of a motor vehicle which has been registered under the provisions of this Act is replaced by a new or used engine, on which the engine number has been destroyed, removed, covered, altered, or defaced, it shall be the duty of the owner of such motor vehicle to apply to the Department, on a form furnished by the Department, for a special number to be placed on said engine. The application shall be accompanied by the certificate of title issued for said motor vehicle and shall contain a description of such motor vehicle and facts pertaining thereto, as the Department may require. Said application shall be sworn to by the owner before a notary public or other officer empowered to administer oaths. Upon receipt of such an application, the Department shall issue to the owner a special number for said motor vehicle and a corrected certificate of title and, when such special number has been placed on the engine, it shall become and thereafter be the lawful engine number of said motor vehicle.

SECTION 3. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by adding immediately following 5546. Section 8 of said Article a new section to be known as 5546A. Section 8A, as follows:

5546A. Section 8A. TEMPORARY REGISTRATION PERMITS. The Department may, in its discretion, grant temporary or limited registration permits, in no case to be valid for more than fifteen (15) days and may issue appropriate certificates or other evidence therefore as follows:

(1) When application for a certificate of title has been made accompanied by the proper fee, temporary permit without additional fee may be issued pending action upon such application by the Department.

(2) During suspension of registration because of failure of the vehicle upon inspection to meet the legal performance requirements or equipment standards a temporary permit without additional fee may be issued to allow the vehicle to be driven away to be repaired and returned for inspection, or to be driven to a storage place.

(3) When a registration has expired, a temporary permit may be issued upon the payment of a fee of One Dollar in addition to the regular fee for re-registration so that the vehicle may be driven to a place for repair, if necessary, and to an inspection station preparatory to re-registration.

(4) For the movement of unregistered vehicles by persons entitled to move the same, when it is not proposed to secure a certificate of title or a transfer of title to such vehicle, a temporary permit may be issued for which a fee of One Dollar shall be charged.

(5) For moving vehicles of which the ownership has been transferred by process of law as provided in Section 15 of this Article a permit may be issued without charge.

SECTION 4. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5547. Section 9 of said Article and by inserting in lieu thereof the following:

5547. Section 9. REGISTER OF APPLICANTS TO BE KEPT BY THE DEPARTMENT. The Department shall file each application received and when satisfied as to the genuineness and regularity thereof, and that the applicant is entitled thereto, shall register the vehicle therein described, and the owner thereof, in suitable books or on index cards as follows:

(1) Under a distinctive registration number assigned to the vehicle, hereinafter referred to as the registration number. Such registration number may consist of a numerical figure or figures, or of a letter or letters with a numerical figure or figures;

(2) Under the name of the owner;

(3) Under the engine number and name of the vehicle.

SECTION 5. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5548. Section 10 of said Article and by inserting in lieu thereof the following:

5548. Section 10. DEPARTMENT TO ISSUE CERTIFICATE OF TITLE AND REGISTRATION CARD. (a) The department upon registering a vehicle shall issue a registration card and a certificate of title.

(b) The registration card shall be delivered to the owner and shall contain the date issued, the name and address of the owner, the registration number assigned to the vehicle, such description of the vehicle as may be determined by the Motor Vehicle Commissioner, the period for which the vehicle is registered, a form for endorsement of notice to the department upon transfer of the vehicle, and a space in which the signature of the owner must be placed to validate the card.

(c) Excepting the period of registration the certificate of title shall contain upon the face thereof the identical information required upon the face of the registration card and in addition thereto, a statement of the owner's title and of the liens and encumbrances upon the vehicle therein described as noted in the application, and whether possession is held by the owner under a lease, contract of conditional sale, or other like agreement. Said certificate shall bear thereon the seal of the Department.

(d) The certificate of title shall also contain a space for the signature of the owner in order to validate the same and forms for assignment of title or interest and warranty thereof by the owner with a space for notation of liens and encumbrances upon the vehicle at the time of a transfer.

(e) The certificate of title shall be delivered to the registered owner unless another person has been named to receive the certificate in the application, in which event the certificate shall be delivered to such person.

SECTION 6. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5550. Section 12 of said Article and by inserting in lieu thereof the following:

5550. Section 12. NUMBER AND REGISTRATION PLATES TO BE FURNISHED BY THE DEPARTMENT. (a) The Department shall also furnish for each vehicle registered one number plate for a motorcycle, trailer, or semitrailer, and two number plates for each other motor vehicle. The Department shall also furnish registration plates as hereinafter provided. Upon the termination of the lawful use of any such plates, they shall be returned to the Department.

(b) Each number plate shall have displayed thereon the registration number assigned to the vehicle, the name of this State, which may be abbreviated. In case of vehicles registered for a gross rate of more than five thousand (5000) pounds the number plate may also show the gross weight for which the vehicle is registered. At least one of the said number plates for each vehicle shall also show, in the manner determined by the Department and as hereinafter provided, the period or expiration thereof for which the vehicle has been registered and the required registration fee paid. Each number plate and the identifying letters and numerals thereon, except the registration period or expiration thereof, shall be of sufficient size to be plainly readable at a distance of one hundred (100) feet during daylight. Upon the transfer of a vehicle or upon the expiration of registration for any other cause, the number plates assigned to a vehicle shall remain attached thereto.

(c) Such number plates shall be of such design, size, material, and colors as the Department may determine and at least one thereof shall be so constructed that registration plates, to be furnished by the Department as provided in this Section, may be conveniently attached or affixed thereto and, when necessary, detached and removed therefrom.

(d) The Department shall furnish for each vehicle registered and upon the payment of the required fees, a registration plate or plates to be attached or affixed to the number plate or plates as provided by sub-section (c) hereof. Such registration plates shall be of such design, size, material and color and shall bear such legend or inscription as the Department may determine, showing the period or expiration date thereof, which expiration date shall be as provided in Section 14 of this Article.

(e) There may also be attached to any number plate an additional removable plate of a size and design approved by the Department, which additional plate may show such other date as the Department may approve, provided, however, that no number plate shall have attached thereto any advertising matter, any fictitious numbers, signs, or symbols, or any legend of any character, not approved by the Department.

(f) Upon written application the Department shall furnish without charge, to any state elective or constitutional officer (excepting Justices of the Peace) including members of both branches of the General Assembly, to the members of the Judiciary, (excluding Justices of the Peace and including the Judge of the District Court of the United States for the District of Delaware and the Judges of the Circuit Court of Appeals for the Third Circuit, resident in Delaware), and to the Representatives and Senators of the State of Delaware in the Congress of the United States, a set of special plates for each motor vehicle owned by him and on which the required registration fee has been paid, but not to exceed two sets of plates for each individual, which plates shall bear the initials of the individual and a designation of his office and which plates shall supercede,* during his term of office and while such motor vehicle is owned by him, the regular number plates assigned to such motor vehicle; provided that at all times the necessary registration fee or fees have been paid for such motor vehicle.

*So enrolled.

(g) The Department shall issue for every passenger motor vehicle, rented without a driver, the number of plates of the same type as issued for private passenger vehicles.

(h) It shall be unlawful for any person to use or exhibit in a manner or at a time not authorized by this section, or by the rules and regulations of the Department with respect thereto, any number or registration plates, or accessory plates, or to display or use any unauthorized design, symbol, or legend on or attached to any such plates.

SECTION 7. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5551. Section 13 of said Article and by inserting in lieu thereof the following:

5551. Section 13. DISPLAY OF PLATES. (a) Number plates assigned to a motor vehicle, other than a motorcycle, shall at all times be attached thereto, one in front and the other in the rear. The number plate assigned to a motorcycle, trailer or semi-trailer shall at all times be attached to the rear thereof.

(b) Every number plate shall at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than twelve (12) inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible.

SECTION 8. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5552. Section 14 of said Article and by inserting in lieu thereof the following:

5552. Section 14. REGISTRATION PERIOD AND RENEWAL. (a) A vehicle may be registered for a period of twelve (12) months or six (6) months and the effective date of any registration shall be considered the first day of the calendar quarter in which the vehicle is registered and the required fees paid, provided, however, that any time within three (3) months prior to the expiration of the period for which a vehicle is registered, the registration thereof may be renewed to extend from the date of expiration for an additional period of six (6) months or of one (1) year and in such event the effective date of the renewed registration shall be considered the first day of the calendar quarter following the period for which the vehicle is currently registered.

(b) Upon registering a vehicle the Department shall furnish a registration plate or plates as provided by Section 12 of this Article, and upon renewing the registration of any vehicle or upon re-registering any vehicle, the Department shall furnish a new registration plate or plates showing the new registration period or the expiration date thereof and shall issue a new registration card or appropriately endorse the new registration period on the original card.

(c) The registration of a vehicle shall expire at midnight on the last day of the period for which it is registered and the vehicle shall not thereafter be operated upon the highways of this State until it has been re-registered according to law, provided, however, that the provisions of this paragraph shall not apply to the operation of vehicles under temporary or limited permits or certificates as otherwise provided by this Article.

SECTION 9. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5553. Section 15 of said Article and by inserting in lieu thereof the following:

5553. Section 15. EXPIRATION OF REGISTRATION, AND CANCELLATION OF TITLE. (a) Whenever the owner of a vehicle registered under the provisions of this Act, transfers or assigns his title or interest thereto, the registration of such vehicle shall expire.

(b) 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 send such card to the Department or an authorized representative thereof, except as provided by subparagraph (d) of this Section.

(c) The transferee before operating or permitting the operation of such vehicle upon a highway, shall apply for a transfer of title, shall obtain the registration of the vehicle as upon original registration, shall submit the vehicle to inspection and shall obtain new registration plates as provided in this Article, provided, however, the transferee may, before operating or permitting the operation of such vehicle upon a highway, apply for and obtain, upon the payment of a fee of One Dollar ($1.00), a transfer of title and registration and upon any such application the Department shall issue to the transferee without additional fee or inspection a new certificate of title and a new registration card which card shall show the same period for which such vehicle was originally registered by the owner and thereafter the transferee may operate such vehicle for the remainder of the period for which it was originally registered and the same registration plate or plates shall remain affixed to the number plate or plates of such vehicle.

The provisions of this paragraph shall not apply to the operation of vehicles, as provided under subparagraph (d) of this Section, or under temporary or limited permits or certificates as otherwise provided by this Article.

(d) If the transferee be a dealer the owner upon transferring a registered vehicle shall properly endorse the registration card and deliver it together with the certificate of title properly assigned to the dealer who shall immediately report such transfer to the Department and after reporting such transfer the dealer may operate such vehicle upon the highways during the period for which it is currently registered without dealer's plates, solely for the purposes of testing, demonstrating or selling the same, but upon the sale of such vehicle the dealer shall endorse the name and address of the purchaser and the date of transfer upon the said registration card and shall immediately give or send said card to the Department or an authorized representative thereof and the purchaser or transferee of the dealer shall before operating or permitting the operation of such vehicle upon a highway, comply with the provisions of subparagraph (c) of this Section.

(e) Whenever any person, firm or corporation carrying on the business of wrecking or dismantling motor vehicles for resale of parts thereof, shall purchase or otherwise acquire any such vehicle, whether registered or unregistered, for the sole purpose of wrecking or dismantling the same in order to resell the parts thereof, the owner upon transferring any such vehicle shall, in addition to forwarding to the Department the registration card issued for such vehicle as provided by subparagraph (b) of this Section, remove the number plates, and if the vehicle is registered, the registration plates, therefrom, and shall immediately give or send such plates and registration card to the Department or an authorized representative thereof, together with a report that the transferee of such vehicle acquired the same for the sole purpose of wrecking or dismantling such vehicle in order to resell the parts thereof. The said report shall contain the name and address of such transferee and the date of transfer. If the Department is satisfied that the transferee acquired such vehicle for the purposes aforesaid, the title to such vehicle shall be cancelled by the Department and such vehicle shall not thereafter be re-titled or registered in this State.

(f) In the event of the transfer by operation of law of the title or interest of an owner in and to a vehicle as upon inheritance, devise, or bequest, order in bankruptcy, or insolvency, or execution sale, the registration thereof shall expire and the vehicle shall not be operated upon the highways until and unless the person entitled thereto shall apply for and obtain the registration and inspection thereof, and a transfer of title therefor, except that the widower or widow, the child or children of any deceased person, and the immediate members of the deceased's family, residing in the household, after giving due and proper notice to the Department in such manner and on such form as may be provided therefor by the Department, may operate such vehicle and the current registration thereof shall continue in full force and effect until normal expiration thereof at which time the registration of such vehicle shall expire; and excepting further that an administrator, executor, trustee or other representative of the owner, or a sheriff or other officer, or the assignee or legal representative of any such person may operate or cause to be operated any vehicle upon the highways for a distance not exceeding one hundred twenty-five (125) miles from the place where formerly kept by the owner, to a garage, warehouse or other place of keeping or storage, upon displaying upon such vehicle the number plates issued for it and obtaining a temporary or limited permit for such operation as provided by this Article.

SECTION 10. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5554. Section 16 of said Article and by inserting in lieu thereof the following:

5554. Section 16. OPERATION OF VEHICLES UNDER SPECIAL PLATES. (a) A manufacturer or dealer owning any vehicle of a type otherwise required to be registered hereunder may operate or move the same upon the highways solely for purposes of transporting, testing, demonstrating, or selling the same without registering each such vehicle upon condition that any such vehicle display thereon, in the manner prescribed in Section 12 of this Article, a special plate or plates issued to such owner as provided by this Section.

(b) A transporter of motor vehicles may operate or move any vehicle of like type upon the highways solely for the purpose of delivery upon displaying in like manner thereon, special plates issued to such transporter as provided in this Section.

(c) The provisions of this Section shall not apply to work or service vehicles owned by a manufacturer, transporter, or dealer.

(d) Every manufacturer, transporter, or dealer shall keep a written record of the vehicles upon which such special plates are used and the time during which each set of plates is used on a particular vehicle, which record shall be open to inspection by any police officer or any officer or employee of the Department.

(e) No manufacturer or transporter of or dealer in motor vehicles, trailers, or semi-trailers shall cause or permit any such vehicle owned by such person to be operated or moved upon a public highway without the same being registered in accordance with the provisions of this Article, and without there being displayed thereon a number plate or plates and a registration plate or plates, as provided by this Article, except as otherwise authorized by this Section.

(f) Any manufacturer, transporter, or dealer may make application to the Department upon the appropriate form for a certificate and for one or more pairs of special plates or single special plates as appropriate to various types of vehicles of the types subject to registration hereunder. The applicant shall also submit such proof of his status as a bona fide manufacturer, transporter, or dealer as may be required by the Department.

(g) The Department, upon approving any such application, shall issue to the applicant a certificate containing the applicant's name and address and other appropriate information.

(h) The department upon approving any such application shall also issue special plates of a design, size, material, and color determined by the Department. Each plate or pair of plates so issued, however, shall contain a number or symbol distinguishing the same from other plates issued under Section 12 of this Article.

(i) All special plates issued hereunder shall expire at midnight on the thirty-first day of December of each year, and may be extended for the ensuing year by the person to whom such plates were issued upon application to the department and payment of the fees provided by this Chapter.

SECTION 11. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5558. Section 20 of said Article and by inserting in lieu thereof the following:

5558. Section 20. DEPARTMENT TO SUSPEND REGISTRATION UPON NOTICE OF THEFT OR EMBEZZLEMENT. Whenever the owner of any motor vehicle, trailer, or semi-trailer, which has been stolen or embezzled shall file an affidavit of the fact thereof with the Department, the Department shall forthwith suspend the registration of such vehicle and shall not transfer the title of or re-register the same until it has been notified that the owner has recoverd such vehicle. Notice given as herein provided shall be effective for the current registration period, but if during that time such vehicle is not recovered a new affidavit to like effect may be filed with the Department and such notice shall be effective for a further period of twelve (12) months. Thereafter like notices may be given effective from year to year thereafter. Every owner who has filed an affidavit of theft or embezzlement, shall immediately notify the Department of the recovery of such vehicle and upon failure so to do within thirty (30) clays after such recovery shall be punished as provided in Section 32 of this Article.

Section 12. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5561. Section 23 of said Article and by inserting in lieu thereof the following:

5561. Section 23. WHEN REGISTRATION SHALL BE REFUSED. The Department shall not grant an application for the registration of a motor vehicle in any of the following events:

(a) When the applicant is not entitled thereto under the provisions of this Act.

(b) When the applicant has neglected or refused to furnish the Department with the information required in the appropriate official form or to give reasonable additional information required by the Department.

(c) When fees required therefor by law have not been paid.

(d) When the vehicle is in an unsafe and unfit condition to be operated upon the highways of this State and' when it is not equipped in the manner provided by law.

SECTION 13. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5562. Section 24 of said Article and by inserting in lieu thereof the following:

5562. Section 24. INSPECTION, RECISION OR SUSPENSION OF REGISTRATION. (a) The Department shall provide and maintain one or more places in each county of the state, together with such facilities and such number of qualified inspectors as may be required for registration purposes. The inspection herein provided shall be for the purpose of determining whether such vehicle is in a safe and fit condition to be operated upon the highways of the State, and whether it is equipped in the manner provided by law.

(b) Before the Department shall register, renew the registration of or re-register a motor vehicle required to be registered under the provisions of this Article, such vehicle shall first be inspected by the Department and determined to be safe and fit for operation and found equipped according to law, provided, however, the Department may waive the inspection requirement of this paragraph with respect to the registration of new motor vehicles.

(c) At any time and notwithstanding the possession of current registration plates, as provided by this Article, the Motor Vehicle Commissioner, or any authorized agent of the Department, or any State Police Officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment, or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the Department, said notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and/or that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within five (5) days thereafter.

(d) Every owner or driver upon receiving any such notice shall comply therewith and shall within said five (5) days secure an endorsement upon such notice by an inspector of the Department that such vehicle is in safe condition, and properly equipped, and its equipment in proper repair and adjustment, and shall then forward said notice to the Department; provided, however, no person shall operate any such vehicle after receiving a notice with reference thereto as above provided, except as may be necessary to return such vehicle to the residence or the place of business of the owner or driver if within a distance of twenty (20) miles, or to a garage, until said vehicle and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this Chapter.

(e) The Department shall rescind, cancel, or suspend the registration of a motor vehicle whenever the person, to whom the registration card or registration or number plates therefor have been issued, shall make or permit to be made any unlawful use of the said card or said plates, or permit the use thereof by a person not entitled thereto.

(f) The Department shall rescind, cancel, or suspend the registration of any motor vehicle if it shall be determined by the said Department that such motor vehicle should not have been registered in the State of Delaware, or that the person to whom the registration card or registration or number plates therefor have been issued is not the owner of the vehicle or that such person shall have made or permitted to be made illegal use of said motor vehicle, provided an appeal may be taken by the said persons from any such decision of said Department, to the Superior Court of the County wherein the said registrant resides.

(g) The Department shall rescind, cancel, or suspend the registration of any motor vehicle and shall rescind, cancel, or suspend, and shall take up, the current registration plates of any motor vehicle which shall be determined by said Department at any time, upon inspection in pursuance of the provisions of this Section to be unsafe or unfit to be operated, or to be not equipped as required by law.

SECTION 14. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5563. Section 25 of said Article and by inserting in lieu thereof the following:

5563. Section 25. VIOLATIONS OF REGISTRATION PROVISION. It shall be unlawful for any person, firm or corporation to commit any of the following acts:

(a) To operate, or for the owner thereof knowingly to permit the operation upon a highway of any motor vehicle, trailer, or semi-trailer which is not registered or which does not have attached thereto and displayed thereon the number plate or plates assigned thereto by the Department, and unexpired registration plate or plates, subject to the exemptions allowed in Section 15, 16 and 18 of this Article or under temporary or limited permits as otherwise provided by this Article.

(b) To display, or cause or permit to be displayed, or to have in possession, any registration card, number plate, or registration plate, knowing the same to be fictitious or to have been cancelled, revoked, suspended or altered.

(c) To lend to, or knowingly to permit the use by one not entitled thereto, any registration card, number plate, or registration plate, issued to the person so lending or permitting the use thereof.

(d) To fail, or refuse to surrender to the Department upon demand, any registration card, number plate, or registration plate, which has been suspended, cancelled, or revoked as provided in this Article.

(e) To use a false or fictitious name or address in any application for the registration or inspection of any vehicle or for any renewal or duplicate thereof, or for any certificate or transfer of title, or knowingly to make a false statement, or knowingly to conceal a material fact, or otherwise commit a fraud in any such application.

(f) To drive or move, or for the owner to cause or knowingly to permit to be driven or moved on any highway, any vehicle or combination of vehicles, which is in such unsafe con-condition as to endanger any person, or which is equipped in any manner in violation of this Chapter; provided, however, the provisions of this Chapter with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors, except as herein made applicable.

(g) To do any act forbidden or fail to perform any act required under this Article.

SECTION 15. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5564, Section 28* of said Article and by inserting in lieu thereof the following:

*So enrolled.

5564. Section 26. REGISTRATION, TITLE, AND OTHER FEES. (a) There shall be paid to the Department for the registration of motor vehicles required to be registered under this Act the registration and title fees as provided by this section.

(b) At the time of application for the registration of a motor vehicle, and prior to the issuance of the current registration plates required by this Article, there shall be paid to the Department registration fees according to the following schedule:

(1) For the registration of any motorcycle, Four Dollars ($4.00),

(2) For the registration of each motor vehicle, the use of which is for pleasure or for the chief purpose of carrying persons, (excepting motor vehicles used for hire), One Dollar and Twenty-five Cents ($1.25) for each five hundred (500) pounds or fraction thereof of the gross load weight of the vehicle up to and including five thousand (5,000) pounds, and in the event the gross load weight shall exceed five thousand (5,000) pounds, One Dollar and Fifty Cents ($1.50) for each five hundred (500) pounds or fraction thereof over and above five thousand (5,000) pounds. The gross load weight of a vehicle, the use of which is for pleasure or for the chief purpose of carrying persons, shall be ascertained by multiplying the maximum number of persons the vehicle is provided to carry by one hundred and twenty-five (125) pounds and adding the result thereby obtained to the weight of the vehicle as specified in the application.

(3) For the registration of other motor vehicles, excepting those propelled by Diesel engines, One Dollar and Fifty Cents ($1.50) for each five hundred (500) pounds or fraction thereof of the gross load weight of the vehicle up to and including five thousand (5,000) pounds, and in the event the gross load weight shall exceed five thousand (5,000) pounds, Two Dollars ($2.00) for each five hundred (500) pounds or fraction thereof over and above five thousand (5,000) pounds. The gross load weight shall be the weight of the chassis, body, equipment, and maximum allowable load as specified by the application.

(4) For the registration of motor vehicles propelled by Diesel engines, twice the amount of the fee otherwise payable in respect of such vehicle by this Section.

(5) Whenever the Department shall be furnished with satisfactory evidence of the destruction of a motor vehicle, either complete or to such an extent as to render it impossible to operate the same as a motor vehicle, during the period for which the same has been registered, and if the owner thereof shall desire to register another motor vehicle of the same class during the period for which such destroyed motor vehicle was registered, such owner shall be entitled to a credit on such new registration fee of the unexpired portion of the registration fee of such destroyed motor vehicle from the date of such new registration.

(c) All convertible vehicles shall be registered as commercial vehicles and the registration fee shall be ascertained upon the basis of the gross load as provided by this Section; provided, however, that it shall be determined which is the greater, the gross load weight as a carrier of persons, or the gross load weight as a carrier of property, and the greater load weight so ascertained shall be the basis for ascertaining the required registration fees. All town cars or suburbans shall be registered as commercial vehicles and the application for registration shall show the maximum load to be transported therein.

(d) The registration fees for vehicles provided by this Section shall be for a period of twelve (12) months but if a vehicle is registered for a six (6) months' period, as provided by Section 14 of this Article, the applicant shall pay to the Department one-half of the registration fee established by this Section and an additional fee of One Dollar ($1.00).

(e) Number and registration plates shall be the property of the State of Delaware and shall be furnished by the Department for each registered motor vehicle without additional cost to the owner, provided, however, that whenever number or registration plates shall be lost, destroyed or effaced in such a manner as not to comply with the provisions of Section 12 of this Article new plates shall be furnished by the Department, and the owner shall pay to the Department the sum of One Dollar ($1.00) for each plate so furnished. The Department shall pay the sum of Fifty Cents (50c) per plate for each number plate returned to the Department in accordance with the provisions of Section 15 (e) of this Article.

(f) The fee for issuing a Certificate of Title or transferring a title to a vehicle shall be One Dollar ($1.00).

(g) The fee for duplicates of certificates of title, certificates of registration, or other certificates or permits relating to motor vehicles shall be fifty cents (50c).

(h) The fee for temporary or limited permits shall be One Dollar ($1.00).

(i) Manufacturers, transporters, and dealers shall pay to the Department for each calendar year the sum of Eight Dollars ($8.00) for each set of special plates issued in pursuance of the provisions of Section 16 of this Article.

SECTION 16. That Article 2 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by repealing 5565. Section 27 of said Article and by inserting in lieu thereof the following:

5565. Section 27. EXEMPTIONS FROM REGISTRATION FEES. All motor vehicles of the State of Delaware or any governmental agency thereof, or of any Fire Department, Fire Engine Company, Police Department, or any County or incorporated city or town thereof, used exclusively in the performance of the principal's official's, employee's, or agent's respective functions or duties, and all motor ambulances owned and used by any agency in this State for charitable purposes or for the benefit of any hospital or hospitals in this State, and all motor vehicles owned by any veteran's organization and used by such organization in charitable or public welfare work, must be registered, but shall be exempt from the payment of registration fees, and the Motor Vehicle Commissioner is hereby directed to furnish, without cost, number and registration plates for all such vehicles, of such design as will distinguish them from other plates for which fees are paid, provided, however, that nothing herein contained shall be construed as exempting such vehicles from the requirement of inspection.

SECTION 17. That Article 3 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by adding at the end of 5575. Section 37 of said Article a new paragraph designated (f) as follows:

(f) Whenever a dealer purchases or otherwise acquires a previously registered vehicle the dealer shall immediately notify the Department, giving the name of the former owner and a sufficient description of the vehicle to identify the same.

SECTION 18. That Article 3 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by adding immediately following 5575. Section 37 of this Chapter a new section to be known as 5575A. Section 37 A as follows:

5575A. Section 37 A. Any person, association of persons, firm or corporation, and every agent or officer thereof participating in the transaction, who shall assign, transfer, or set over, or cause to be assigned, transferred, or set over, to any person, association of persons, firm or corporation, the title to any motor vehicle for which a certificate of title is required by this Chapter, or who shall sell to any such person, association of persons, firm or corporation a motor vehicle for which a certificate of title is required by this Chapter, without disclosing to such assignee, transferee, or purchaser the existence of all existing liens and encumbrances in any form upon such motor vehicle, the holder or holders of such liens or encumbrances, and the true amount thereof with all charges and interest due in respect thereof at the time of such assignment, transfer or sale, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 49 of this Article.

SECTION 19. This Act shall become effective on and after the First day of July, A. D. 1941, provided, however, nothing in this Act shall be construed to affect or invalidate the current registration of or the registration plates assigned to or the inspection requirements for any motor vehicle which shall have been registered in accordance with the law of this State existing immediately prior to the approval of this Act, provided further, however, that if any such vehicle shall be transferred or if and when the registration thereof shall expire or terminate for any reason or cause whatsoever, it shall be unlawful for the transferee or the owner thereof to operate or permit the operation of such vehicle upon the highways without first registering the same in accordance with the provisions of this Act, and any such transferee, owner or other person violating the provisions of this Section shall be punished as provided by Section 32, Article 2, Chapter 165 of the Revised Code of Delaware, 1935, and provided further, that upon the first application for registration, under the provisions of this Chapter, of each motor vehicle registered at the time this Act becomes effective and to which number plates have then been assigned, number plates bearing the same number as that borne by each motor vehicle at the time of such application shall be assigned to each motor vehicle for which registration is sought under this Chapter.

SECTION 20. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed insofar as such inconsistency does occur.

Approved May 22, 1941.