CHAPTER 424

RELATING TO MOTOR VEHICLES

AN ACT TO AMEND TITLE 21, DELAWARE CODE OF 1953, RELATING TO MOTOR VEHICLES BY CREATING A RECIPROCITY COMMISSION TO ENTER INTO RECIPROCAL AGREEMENTS OR ARRANGEMENTS CONCERNING THE OPERATION, REGULATION AND TAXATION OF MOTOR VEHICLES.

WHEREAS, it becomes increasingly necessary under our modern transportation system for Motor Vehicles to travel interstate.

WHEREAS, due to nonuniformity of Motor Vehicle Laws, rules and regulations.

WHEREAS, to facilitate the free movement of interstate traffic it becomes necessary for States to enter into reciprocal agreements.

WHEREAS, under existing Delaware Laws statutory authority is not provided for entering into such reciprocal agreements; NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 21, Delaware Code of 1953, relating to "Motor Vehicles" is amended by adding a new section § 324 as follows:

§ 324. Establishing a Reciprocity Commission; powers

(a) There is created a Reciprocity Commission established for the purpose of entering into reciprocal agreements or arrangements concerning the operation, regulation and taxation of motor vehicles. The Commission shall be composed of three individuals: the Motor Vehicle Commissioner, the Chief Engineer of the Highway Department and a third member to be appointed by and serve at the will of the Governor. The third member shall serve without compensation and to be eligible for appointment must be a resident of the State of Delaware and must have had experience in automotive transportation. The Commission shall be known as "Reciprocity Commission of the State of Delaware". The Governor shall appoint the third member of the Commission within 90 days after the approval of this Act, after which the Commission shall organize by electing one of its members as Chairman and proceed to carry out the purposes for which it is created.

(b) Notwithstanding any provisions of law to the contrary, the Reciprocity Commission of the State of Delaware is hereby empowered to make agreements or arrangements with the duly authorized representatives of the other States, District of Columbia, territories and possessions of the United States or foreign countries exempting the residents of such other states, district, territories and possessions and foreign countries using the highways of this State from the payment of any or all taxes, fees or other charges imposed by the laws of this state, with such restrictions, conditions and privileges as such Reciprocity Commission of the State of Delaware may deem advisable provided that to be entitled to the privileges and exemptions of any such agreement or arrangement a vehicle shall be properly registered under the laws of the State, district, territory or possession or foreign country and shall conspicuously display a legal registration plate and provided also that the operator of such vehicle shall have in his possession a registration certificate, or other evidence of such registration, issued for such vehicle; and, such agreements or arrangements shall provide that a resident of this State when using the highways of such other State, district, territory or possession or foreign country shall receive substantially equivalent benefits and privileges.

(c) Such agreements or arrangements may also provide for the registration of vehicles of a resident of one of the reciprocating States, district, territory or possession or foreign country in another reciprocating State, territory, district, or possession or foreign country and when a vehicle has been registered in one of the reciprocating States, district, territories or possessions or foreign countries under an agreement or arrangement as authorized herein such vehicle shall not be subject to registration in the other reciprocating States, district, territories or possessions or foreign country and such vehicle shall be granted all of the benefits and privileges granted to other vehicles registered in the same State, district, territory or possession or foreign country.

(d) Such agreements or arrangements may also provide for the denial or withdrawal of the benefits and privileges granted under such agreement or arrangement as to any person, corporation or association of any kind if in the opinion of the Reciprocity Commission of the State of Delaware such person, corporation or association should not be granted such benefits and privileges.

(e) The Reciprocity Commission shall enter into no agreement that shall result in a serious or appreciable reduction of income to the State of Delaware.

Approved July 24, 1953.