CHAPTER 291 - MOTOR VEHICLES PROVIDING SPEED LIMITATIONS; LIMITATIONS ON PRIVILEGE OF OVERTAKING AND PASSING

AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO MOTOR VEHICLES, BY PROVIDING FOR SPEED LIMITATIONS; PROVIDING FOR LIMITATIONS ON PRIVILEGE OF OVERTAKING AND PASSING.

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

Section 1. That Chapter 165 of the Revised Code of Delaware, 1935, as amended by Chapter 249, Volume 43, Laws of Delaware, be and the same is hereby further amended by striking out and repealing all of paragraph (B) of 5623. Section 85. thereof and by substituting in lieu thereof the following:

(B) Notwithstanding the provisions of paragraph (A) hereof, where no special hazard exists, the following speeds shall be lawful, but any speed in excess of said limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful:

I. Passenger Vehicles and Self Propelled Passenger Buses

1. Twenty-five miles per hour in any business district;

2. Twenty-five miles per hour in any residence district;

3. Fifty miles per hour under other conditions on two lane roads;

4. Fifty-five miles per hour under other conditions on four lane undivided roads and on dual highways.

II. Motor Truck and Motor Truck Tractors with a Maximum Gross Weight Greater than Eight Thousand Pounds.

1. Twenty miles per hour in any business district;

2. Twenty-five miles per hour in any residence district;

3. Forty-five miles per hour under other conditions.

Section 2. That Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing paragraph (b) of 5630. Section 92, thereof and inserting in lieu thereof the following:

(b) The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction upon the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed within a distance of one thousand feet; provided, however, that no prosecution for such overtaking and passing shall be had unless and until the State Highway Department causes distinctive markings to be made upon the highways of the State designating the parts thereof, and the distances of grades and curves, meant to be affected by this Act.

Approved April 24, 1945