AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE, RELATING TO MOTOR VEHICLES BY ADOPTING THE UNIFORM RULES OF THE ROAD AND MAKING OTHER AMENDMENTS.
WHEREAS, more uniformity in highway traffic laws between the states is necessitated by an ever increasing volume of interstate travel due to the tremendous growths in motor vehicle registration, the technological advances in the automotive field and the expanded highway building program; and
WHEREAS, uniform motor vehicle laws between the states increase highway safety, in that
Fewer accidents result when motorists follow the same rules everywhere.
Drivers can develop instinctive habits, resulting in safer emergency reactions.
Pedestrians, school children, and drivers more readily understand each others' responsibilities and privileges where all obey the same rules; and
WHEREAS, uniform traffic laws result in definite economic savings, in that
Congestion and traffic delays are reduced by easy to understand rules, thus saving drivers time and money; and
WHEREAS, uniform laws increase highway transportation efficiency, in that
The efficiency of streets and highways is increased by the application of standard traffic engineering controls.
Vehicle operating efficiency increases when traffic is expedited.
Life and property will be protected, thereby decreasing annually the tremendous economic loss now caused by traffic accidents, and
WHEREAS, uniform traffic laws assist traffic law enforcement, in that
Conflicting rules are replaced by sound laws everywhere, thereby encouraging voluntary compliance with, and respect for, traffic laws.
Police departments and traffic courts are able to enforce laws uniformly.
The need for arrests is reduced and ill will toward enforcement agencies diminished, many drivers now being stopped for unintentional violations caused by conflicting laws; and
WHEREAS, uniform laws benefit local communities, in
Business--and especially the tourist trade--prospers where highway transportation flows safely and freely.
Uniform traffic laws remove any cause for extension of Federal control of highway traffic.
Differences in local traffic conditions are recognized and it is feasible to adapt rules of the road to fit different local situations; and
WHEREAS, uniform traffic laws aid national defense transportation, in that
Essential transportation of persons and property for the national defense will be expedited; and
WHEREAS, uniform traffic laws make driving convenient and pleasant, in that
Drivers can follow the same rules wherever they go and can quickly understand standard traffic signs, signals and markings.
Traffic flow is expedited by easy to understand uniform laws.
The elimination of confusion and congestion will lessen driver fatigue and add to pleasant motoring; NOW, THEREFORE,
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein):
Section 1. Chapter 41, Title 21 of the Delaware Code, is repealed and a new Chapter 41 and a new Chapter 42 are inserted in lieu thereof to read as follows:
Chapter 41. RULES OF THE ROAD
SUBCHAPTER I. OBEDIENCE TO AND EFFECT OF
§ 4101. Provisions refer to vehicles upon highways; exceptions; powers of local authorities
(a) The provisions of this title relating to the operation of vehicles refer exclusively to the operation of vehicles upon highway except:
1. Where a different place is specifically referred to in a given section.
2. That the provisions of Subchapter IX shall apply upon highways and elsewhere throughout the State.
(b) Local authorities, except as expressly authorized by law, shall not alter any speed limitations declared in this chapter or enact or enforce any rule or regulations contrary to the provisions of this chapter, except that the local authorities may, with the consent of the State Highway Department, provide by ordinance for the regulation of traffic by means of traffic officers or semaphores or other signaling devices on any portion of the highway where traffic is heavy or continuous and may prohibit other than one-way traffic upon certain highways and may regulate the use of the highways by processions or assemblages. Local authorities may also regulate the speed of vehicles in public parks and shall erect at all entrances to such parks adequate signs giving notice of any such special speed regulations. Nothing in this chapter shall be construed to prevent the owner of real property, used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right, from prohibiting such use nor requiring other or different or additional conditions than those specified in this chapter or otherwise regulating such use as seems best to such owner.
§ 4102. Required obedience to traffic laws
(a) It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden, or fail to perform any act required, in this chapter.
§ 4103. Obedience to police officers
(a) No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
(b) Any driver who, having received a visual or audible signal from a police officer to bring his vehicle to a stop, operates his vehicle in disregard of the signal or interferes with or endangers the operation of the police vehicle or who increases his speed or extinguishes his lights and attempts to flee or elude the police officer, shall be fined for the first offense, not less than $200 nor more than $1000 or imprisoned for not less than 60 days nor more than 6 months, or both. Upon receiving notice of such conviction, the Commissioner shall forthwith revoke the operator's or chauffeur's license of the person so convicted for a period of one year. For each subsequent like offense he shall be fined not less than $500 nor more than $2000 and imprisoned not less than 60 days nor more than 18 months. Upon receiving a court notice of conviction for a subsequent like offense, the Commissioner shall revoke the operator's or chauffeur's license for an additional one year period.
§ 4104. Persons riding animals or driving animal-drawn vehicles
(a) Every person riding an animal or driving any animal-drawn vehicles upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no application.
§ 4105. Persons working on highways--exceptions
(a) Unless specifically made applicable, the provisions of this title except those contained in Subchapter IX hereof shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.
§ 4106. Authorized emergency vehicles
(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
() The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this chapter;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing direction of movement or turning in specified directions.
(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals meeting the requirements of this title, except that an authorized emergency vehicle operated as a police vehicle need not make use of such signals.
(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(e) Authorized emergency vehicles within the meaning of this chapter mean vehicles of a fire department, police vehicles, ambulances, and emergency vehicles of state, federal, county or municipal departments, or public service corporations as are designated or authorized by the Commissioner.
SUBCHAPTER II. TRAFFIC SIGNS, SIGNALS
§ 4107. Obedience to and required traffic-control devices
(a) The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this title, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
(b) No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
(c) In the event an official or authorized traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application.
(d) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(e) Any official traffic-control device placed pursuant to the provisions of this title and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this title, unless the contrary shall be established by competent evidence.
(f) No traffic-control signal exhibiting different colored lights, or colored lighted arrows, shall be considered to be an official or authorized traffic-control signal unless it be in accordance with standards adopted by the State Highway Department.
(g) After the effective date of this section, no traffic-control device, except experimental devices erected by the State Highway Department, shall be erected on any highway, which do not conform to the standards adopted by the State Highway Department.
§ 4108. Traffic-control-signal legend
(a) Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors Green, Red and Yellow shall be used, except for special pedestrian signals carrying a word legend, and such lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(1) Green alone or "Go":
(A) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent cross walk at the time such signal is exhibited. No
vehicle shall at any time be driven through or within a safety zone.
(B) Unless otherwise directed by a pedestrian-control signal as provided in Section 4109 of this Title, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked cross walk.
(C) When lane-direction-control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane or lanes over which a green signal is shown, but shall not enter or travel in any lane or lanes over which a red signal is shown.
(2) Full yellow lens when shown following any green signal, full or arrow, or full red and full amber shown at the same time:
(A) Vehicular traffic facing the signal is thereby warned that a red signal for the previously permitted movement will be exhibited immediately thereafter and such vehicular traffic shall not enter the intersection or be crossing the stop limit whether marked by a sign or painted line, when the red signal is exhibited.
(B) Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian-control signal are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
(3) Full red or red arrow shown following a full amber or red arrow following an amber arrow:
(A) Vehicular traffic facing the signal shall stop before crossing the stop limit, whether marked by sign or painted line, or if none, before entering the cross walk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green signal of one of the types listed herein is shown.
(B) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
(4) Green arrow or arrows alone:
(C) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right of way of pedestrians lawfully within an adjacent cross walk and to other traffic lawfully using the intersection.
(D) Vehicles facing such signals are thereby advised that no other traffic movements may be made from the lane or lanes that the signal indication controls. Making or attempting to make any other movement is hereby prohibited.
(E) Pedestrians facing such signals shall not enter the roadway unless they can do so safely and without interfering with any vehicular traffic.
(5) Amber arrow following a green arrow or arrows:
(F) Vehicular traffic facing the signal is thereby warned that the red signal for traffic moving in the direction of the amber arrow will be exhibited immediately thereafter and such vehicular traffic shall not enter the intersection or be crossing the stop limit whether marked by sign or painted line when the red signal for the particular movement is exhibited.
(G) Pedestrians facing such signals are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right of way to all vehicles.
(6) Full red with green arrow or arrows:
(A) Vehicular traffic facing such signals may enter the intersection only to make the movement indicated by such arrow or arrows except no vehicle shall at any time be driven through or within a safety zone. Vehicular traffic shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent cross walk at the time such signal is exhibited.
(B) Pedestrians facing such signals shall not enter the roadway unless they can do so safely and without interfering with any vehicular traffic.
§ 4109. Pedestrian control signals
(a) Whenever special pedestrial control signals exhibiting the words "Walk", or "Wait", or "Stop", or "Don't Walk" are in place, such signals shall take precedence over pedestrian movements outlined in Section 4108. Such signals shall apply as follows:
(1) Walk--Pedestrians facing such signals may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles.
(2) Wait or Stop or Don't Walk--No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to the nearest sidewalk or safety island.
§ 4110. Flashing signals
(a) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
(1) Flashing red (stop signal)--when a red lens is illuminated with intermittent flashes, drivers of vehicles shall stop before entering the nearest cross walk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(2) Flashing yellow (caution signal)--When a yellow lens is illuminated with intermittent flashes, drivers of vehicles may
proceed through the intersection or past such signal only with caution.
(b) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade shall be governed by the rules as set forth in section 4161 of this title.
§ 4111. Display of unauthorized signs, signals or markings
(a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal.
(b) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising, and no person shall attach to any traffic sign or signal any other sign containing commercial advertising.
(c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs, in compliance with the provisions of section 1108 of title 17.
(d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.
§ 4112. Interference with official traffic-control devices or railroad signs or signals
(a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.
SUBCHAPTER III. DRIVING ON RIGHT SIDE OF
ROADWAY--OVERTAKING, AND PASSING, ETC.
§ 4114. Drive on right side of roadway--exceptions
(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
2. When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or
4. Upon a roadway designated and signposted for one-way traffic.
(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(c) Upon any roadway having four or more lanes for moving traffic and providing for two way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by signs or markings designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes. or except as permitted under this section.
§ 4115. Passing vehicles proceeding in opposite directions
(a) Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.
§ 4116. Overtaking a vehicle on the left
(a) The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicles.
(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
§ 4117. When overtaking on the right is permitted
(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a left turn;
(2) Upon any street or roadway which is officially marked for more than one traffic lane in one direction.
(3) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement whereby the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement, main-traveled portion, or regular moving traffic lane of the roadway.
§ 4118. Limitations on overtaking on the left
(a) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction.
§ 4119. Further limitations on driving to left of center of roadway
(a) No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
(4) When approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
(5) When approaching within 100 feet of or traversing any intersection or railroad grade crossing;
(6) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
(b) The foregoing limitations shall not apply upon a one-way roadway.
§ 4120. No-passing zones
(a) The State Highway Department is authorized to determine those portions of any highway where overtaking and
passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.
(b) Where signs or markings are in place to define a no-passing zone as set forth in paragraph (a) no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.
§ 4121. One-way roadways and rotary traffic islands
(a) The State Highway Department may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice thereof.
(b) Upon a roadway designated and sign posted for one-way traffic a vehicle shall be driven only in the direction designated.
() A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
§ 4122. Driving on roadways laned for traffic
(a) Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(0) Upon a roadway which is divided into three lanes for two-way traffic a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of oncoming traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign posted to give notice of such allocation.
(3) Official signs may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign.
(4) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.
§ 4123. Following too closely
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
() The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space but not less than 200 feet so that an overtaking vehicle may enter and occupy such space without danger except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
(a) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.
§ 4124. Driving on divided highways
(a) Whenever any highway has been divided into two or more roadways by an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically authorized by public authority.
§ 4125. Restricted Access
(a) No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority.
§ 4126. Restrictions on use of controlled-access roadway
(a) The State Highway Department may by resolution or order entered in its minutes, prohibit the use of any such roadway by parades, funeral processions, pedestrians, bicycles or other non-motorized traffic, or by any person operating a motor-driven cycle.
(b) The State Highway Department shall erect and maintain official signs on the controlled-access roadway on which such regulations are applicable and when so erected no persons shall disobey the restrictions stated on such signs.
SUBCHAPTER IV. RIGHT OF WAY
§ 4131. Vehicle approaching or entering intersection
(a) The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway.
(b) When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.
(c) The right of way rules declared in paragraph (a) and (b) are modified at through highways and otherwise as stated in this chapter.
§ 4132. Vehicle turning left
(a) The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard.
§ 4133. Vehicle entering highway from private road or driveway
(a) The driver of a vehicle about to enter or cross a highway from a private road or driveway or from a crossover on a divided highway shall yield the right of way to all vehicles approaching on the highway.
§ 4134. Operation of vehicles on approach of authorized emergency vehicles
(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals, or of a police vehicle properly and lawfully making use of an audible signal only; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
SUBCHAPTER V. PEDESTRIANS' RIGHTS AND DUTIES
§ 4141. Pedestrians subject to traffic regulations
(a) Pedestrians shall be subject to traffic-control signals as provided in Section 4108 of this title unless required by local ordinance to comply strictly with such signals, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.
§ 4142. Pedestrians' right of way in cross walks
(a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a cross walk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(c) Paragraph (a) shall not apply under the conditions stated in Section 4143 (b) of this title.
(d) Whenever any vehicle is stopped at a marked cross walk or at any unmarked cross walk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
§ 4143. Crossing at other than cross walks
(a) Every pedestrian crossing a roadway at any point other than within a marked cross walk or within an unmarked cross walk at an intersection shall yield the right of way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked cross walk.
(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.
§ 4144. Drivers to exercise due care
(a) Notwithstanding the foregoing provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person, or a person wholly or partially blind, carrying a cane or walking stick white in color, or white tipped with red, upon a roadway.
§ 4145. Pedestrians to use right half of cross walks
(a) Pedestrians shall move, whenever practicable, upon the right half of cross walks.
§ 4146. Pedestrians on roadways, penalty
(a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.
(c) Whoever violates this section shall, for the first offense be fined not less than $2 nor more than $25, or imprisoned not less than 2 nor more than 10 days, or both. For each subsequent like offense within one year, he shall be fined not less than $10 nor more than $25, or imprisoned not less than 2 nor more than 30 days, or both.
§ 4147. Pedestrians soliciting rides or business
(a) No person shall stand in a highway for the purpose of soliciting a ride, employment or business from the occupant of any vehicle.
(b) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
§ 4148. Carrying of lights or reflector device by pedestrians: penalty
(a) No pedestrian shall walk upon any roadway or shoulders of roadways of this State that is used for motor or vehicle traffic, beyond the corporate limits of any city or town, without carrying a lighted lantern, lighted flashlight or other similar light or reflector type device during the period of time from one-half hour after sunset to one-half hour before sunrise and at any other time when there is not sufficient light to render clearly visible any person or vehicle on the highway.
(b) Whoever violates subsection (a) shall, for the first offense, be fined not less than $2 or more than $25, or imprisoned not less than 2 nor more than 10 days, or both. For each subsequent like offense within one year, he shall be fined not less than $10 nor more than $25, or imprisoned not less than 2 nor more than 30 days, or both.
§ 4149. Walking on highways under influence of drugs or liquor
(a) No person shall walk or be upon a public highway of this State while under the influence of intoxicating liquor or narcotic drugs.
§ 4150. Use of certain canes restricted to blind pedestrians
(a) No persons except those wholly or partially blind shall carry in a raised or extended position on any street or highway a cane or walking stick which is white in color or white tipped in red.
SUBCHAPTER VI. TURNING AND STARTING AND
SIGNALS ON STOPPING AND TURNING
§ 4152. Required position and method of turning at intersections
(a) The driver of a vehicle intending to turn at an intersection shall do so as follows:
1. Right turns--Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
2. Left turns on two-way roadways--At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
3. Left turns on other than two-way roadways--At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.
(b) The State Highway Department or local authorities in their respective jurisdictions may cause traffic control devices or markers to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when traffic control devices or markers are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs.
§ 4153. Turning on curve or crest of grade prohibited
(a) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by
the driver of any other vehicle approaching from either direction within 500 feet.
§ 4154. Starting parked vehicles
(a) No person shall cause a vehicle to be moved which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
§ 4155. Turning movements and required signals
(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 4152 of this title, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.
(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.
(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(d) The signals provided for in Section 4156 of this title shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear.
§ 4156. Signals by hand and arm or signal device
(a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device, except as otherwise provided in paragraph (b).
(b) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles.
§ 4157. Method of giving hand-and-arm signals
(a) All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
1. Left turn--Hand and arm extended horizontally.
2. Right turn--Hand and arm extended upward.
3. Stop or decrease speed--Hand and arm extended downward.
SUBCHAPTER VII. SPECIAL STOPS REQUIRED
§ 4161. Obedience to signal indicating approach of train, drawbridge, or automatic signal system controlling the flow of traffic
(a) Whenever any person driving a vehicle approaches a railroad grade crossing, drawbridge or automatic signal system controlling the flow of traffic under any of the circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;
3. A railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;
4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
§ 4162. Designation of dangerous grade crossings;
Vehicles must stop at certain railroad grade crossings
(a) The State Highway Department and local authorities with the approval of the State Highway Department may designate particularly dangerous highway grade crossings or railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care.
§ 4163. Certain vehicles must stop at all railroad grade crossings
(a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at any grade any track or tracks of a railroad shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shiftgears while crossing the track or tracks.
(b) No stop needs to be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed.
§ 4164. Stop signs and yield signs
(a) Preferential right of way at an intersection or other place may be indicated by stop signs or yield signs as authorized by the State Highway Department.
(b) Except when directed to proceed by a police officer or traffic control device, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the cross walk on the near side of the intersection, or, in the event there is no cross walk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
() The operator of any vehicle who has come to a full stop as provided in subsection (b) of this section, shall not enter into, upon or across, such highway or street until such movement can be made in safety.
(a) Whenever a Yield sign, notifying drivers to yield the right of way, has been erected by the proper State or local authorities as provided in this title, it shall be unlawful for a driver of any vehicle on the highway or street whose traffic is regulated by such sign to fail to yield the right of way to any vehicle approaching on or from another highway, street, or merging roadway or to a pedestrian legally crossing the roadway. Any such driver, having so yielded, shall not proceed or enter into, upon or across such highway, street or merging roadway until such movement can be made in safety.
§ 4165. Emerging from alley, driveway or building
(a) The driver of a vehicle emerging from an alley, driveway or building where there is no official traffic control device shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right of way to all vehicles approaching on the roadway.
§ 4166. Overtaking and passing school bus, stop signal devices; marking of buses
(a) The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on the school bus a visual signal as specified in sub-section (e) of this section, and the driver shall not proceed until such school bus resumes motion or is signaled by the school bus driver to proceed or the visual signals are no longer actuated.
(b) Every bus used for the transportation of school children shall be painted chrome yellow, shall bear upon the front and rear thereof plainly visible signs containing the words "SCHOOL BUS" in letters not less than 8 inches in height, and in addition shall be equipped with visual signals meeting the requirements of this title, which shall be actuated by the driver of the school bus whenever but only whenever such vehicle is stopped on the highway for the purpose of receiving or discharging school children.
(c) When a school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school all markings thereon indicating "SCHOOL BUS" shall be covered or concealed.
(d) The driver of a vehicle proceeding in a direction opposite to that of a school bus on a highway with four or more traffic lanes need not stop upon meeting or passing the school bus. The driver of a motor vehicle upon a controlled-access highway need not stop upon meeting or passing a school bus which is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the highway.
() Every school bus in addition to any other equipment and distinctive markings required by this title shall be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level, and these lights shall have sufficient intensity to be visible at 500 feet in normal sunlight.
§ 4167. Moving heavy equipment at railroad grade crossings
(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
(b) Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.
(c) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
(d) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.
SUBCHAPTER VIII. SPEED RESTRICTIONS
§ 4168. General speed restrictions
(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(b) The driver of every vehicle shall, consistent with the requirements of the provisions of subsection (a) of this section, drive at appropriately reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
§ 4169. Specific speed limits; Penalty
(a) Where no special hazard exists, the following speeds shall be lawful, but any speed in excess of such limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful:
1. All types of motor vehicles, except as provided in subsection (a) (4):
(a) 25 miles per hour in any business district;
(b) 25 miles per hour in any resident district;
(c) 20 miles per hour in all school zones marked as such;
(d) 45 miles per hour, under other conditions, any vehicle towing house trailer;
(e) 10 miles per hour any vehicle equipped with solid rubber or cushion tires.
2. Passenger vehicles mid self-propelled passenger buses, except as otherwise provided herein;
(a) 50 miles per hour on two-lane roadways;
(b) 60 miles per hour on four-lane roadways and on divided roadways;
3. Motor truck and motor truck tractors with a maximum gross weight greater than 8,000 pounds, except as otherwise provided herein:
(a) 45 miles per hour on all roadways.
4. On roadways designated as controlled access express highways by the State Highway Department, 60 miles per hour for all motor vehicles.
(b) Whenever the State Highway Department shall determine upon the basis of an engineering and traffic investigation that any maximum speed herein before set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the State maintained highway system, the State Highway Department may determine and declare a reasonable and safe maximum limit thereat, which shall be effective when appropriate signs giving notice thereof are erected. Such a maximum speed limit may be declared to be effective at all times or at such times as are indicated upon the signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs.
(c) Whoever violates any provision of this section shall, for the first offense, be fined not less than $25 nor more than $200, or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent violation of this section a person shall be fined not less than $50 nor more than $400, or imprisoned not less than 15 nor more than 60 days, or both. A subsequent violation, before being punishable as such, shall have been committed within 24 months after the commission of the prior offense.
§ 4170. Speed limits set by local authorities
(a) Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the absolute speed permitted under this chapter is greater than is reasonable or safe under the conditions found to exist, such local authority subject to subsection (c) of this section shall determine and declare a reasonable and safe absolute speed limit, which shall be effective when appropriate signs giving notice thereof are erected.
(b) Local authorities in their respective jurisdictions may in their discretion, but subject to subsection (c) of this section, authorize by ordinance higher absolute speeds than those stated in this chapter upon through highways or upon highways or portions thereof where there are no intersections or between widely spaced intersections provided signs are erected giving notice of the authorized speed, but local authorities shall not modify or alter the basic rule set forth in subsection (a) of Section 4168 of this title.
(c) Alteration of absolute limits on State maintained highways in any municipality by local authorities shall not be effective until such alteration has been approved by the State Highway Department.
§ 4171. Minimum speed
(a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
() Whenever the State Highway Department or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the Department or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.
§ 4172. Special speed limitation on motor-driven cycles
(a) No person shall operate any motor-driven cycle at any time mentioned in Section 4331 of this title at a speed greater than 35 miles per hour unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of 300 feet ahead.
§ 4173. Speed and weight limits on elevated structures
(a) No person shall drive a vehicle over any bridge or elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in subsection (c).
(b) No person shall drive a motor vehicle over any bridge or elevated structure constituting a part of a highway when such vehicle's gross weight, including carried load, is greater than the maximum weight which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in subsection (c) of this section.
(c) The State Highway Department upon request from any local authorities, or upon its own initiative, may conduct an investigation of any public bridge, causeway, or viaduct. It thereupon finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter or withstand vehicular gross weights, including carried load, permissible under this chapter, the State Highway Department shall determine and declare the maximum speed or gross weight, including carried load, or both, of vehicles which such structure can withstand and shall cause or permit suitable signs stating such maximum speed or gross weight, including carried load, to be erected and maintained at a distance of 100 feet beyond each end of such structure. The findings and determinations of the State Highway Department and the existence of signs shall be conclusive evidence of the maximum speed or gross weight, including carried load, which can, with safety to any such structure, be maintained thereon.
§ 4174. Complaint and summons in speed violations
(a) In every charge of violation of any speed regulation in this title, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the maximum or minimum speed applicable at the location.
SUBCHAPTER IX. RECKLESS DRIVING, DRIVING
§ 4175. Reckless Driving
(a) No person shall drive any vehicle in willful or wanton disregard for the safety of persons or property, and this offense shall be known as reckless driving.
(b) Whoever violates this section shall, for the first offense, be fined not less than $25 nor more than $200, or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent violation of this section he shall be fined not less than $50 nor more than $400, or imprisoned not less than 15 nor more than 60 days, or both.
A subsequent violation, before being punishable as such, shall have been committed within 24 months after the commission of the prior offense.
§ 4176. Operation of vehicle while under the influence of intoxicating liquor or narcotics, penalties, revocation of license
(a) Whoever drives a motor vehicle while under the influence of intoxicating liquor or of any drug shall be fined, for the first offense, not less than $200 nor more than $1,000, or imprisoned not less than 60 days nor more than 6 months, or both. For each subsequent like offense, he shall be fined not less than $500 nor more than $2,000, and imprisoned not less than 60 days nor more than 18 months. A suspended sentence shall not be granted those convicted for a second offense under this section.
(b) Upon conviction of any one under subsection (a) of this section, the judge of the court in which the case was tried shall certify the facts and record in the case to the Commissioner, who shall forthwith revoke the driver's license of the party so convicted for a period of one year. After a driver's license has been revoked, the Commissioner shall have power and authority not to issue another operator's license to such person so convicted until such person satisfied the Commissioner that he has been of good behavior from the time that his driver's license was so revoked until he makes application for the issuance of another driver's license and until such person has complied with the provisions of this title. If in such case the Commissioner refuses to issue a driver's license to such convicted person after a period of one year from the time that his license was so revoked, the applicant may appeal to the Superior Court of the county wherein he resides.
(c) The term "driver's license" shall also include taxicab driver's license and chauffeur's license.
(d) In determining whether an offense is a second offense hereunder no offense prior to February 29, 1956, shall be taken into consideration.
SUBCHAPTER X. STOPPING, STANDING AND PARKING
§ 4177. Stopping, standing or parking outside of business or residence districts
(a) Upon any highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave such vehicle off such part of the highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of 200 feet in each direction upon such highway.
(b) Whenever any person authorized to make arrests under this title finds a vehicle standing upon a highway in violation of the provisions of subsection (a) of this section, he may move such vehicle or require the driver or person in charge of such vehicle to move such vehicle to a position permitted under this section.
(c) Subsections (a) and (b) of this section shall not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a highway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such vehicle in such position.
§ 4178. Stopping, standing and parking; penalty
(a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places-
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within an intersection;
4. Within 15 feet of a fire hydrant;
5. On a crosswalk;
6. Within 20 feet of a crosswalk at an intersection;
7. Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;
8. Between a safety zone or island and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone or island, unless the State Highway Department or the local authority of any city or town indicates a different length by signs or markings;
0. Within 50 feet of the nearest rail or railroad crossing, unless the State Highway Department or the local authority of any city or town indicates a different length by signs or markings;
1. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly sign-posted;
11. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
14. At any place where official signs prohibit stopping, standing or parking.
(b) No person shall move a vehicle not lawfully under his control into such prohibited area or away from a curb such distance as is unlawful.
(c) Whoever violates any of the provisions of this section shall be fined not less than $2 nor more than $25.
§ 4179. Additional parking regulations; penalty
(a) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right hand wheels parallel to and within 12 inches of the right hand curb or edge of the roadway.
() Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or edge of the roadway, or its left wheels within 12 inches of the left-hand curb or edge of the roadway.
(a) Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any Federal aid or State highway unless the State Highway Department has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
(d) The State Highway Department with respect to highways under its jurisdiction may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion, as evidenced by resolution or order entered in its minutes, such stopping, standing or parking is dangerous to those using the highways or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs.
(e) Whoever violates any of the provisions of this section shall be fined not less than $2 nor more than $25.
SUBCHAPTER XI. MISCELLANEOUS RULES
§ 4180. Unattended motor vehicle
(a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
§ 4181. Limitations on backing
(a) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
(b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway.
§ 4182. Riding on motorcycles
(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry
more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator.
§ 4183. Obstruction to driver's view of driving mechanism
(a) No person shall drive a vehicle when it is so loaded or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicles or as to interfere with the driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
§ 4184. Coasting prohibited
(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral.
(b) The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.
§ 4185. Following fire apparatus; driving vehicle over fire hose
(a) No driver of any vehicle, other than on official business, shall follow any fire apparatus traveling in response to a firm alarm closer than 500 feet or drive into or park such vehicle within 500 feet where fire apparatus has stopped in answer to a fire alarm. No person shall be deemed to have violated the provisions of this subsection with regard to parking, if the act of parking was done prior to the giving of alarm of such fire.
(b) No person shall drive any motor, or horse vehicle, over any line of hose, which has been laid for the purpose of extinguishing a fire.
§ 4186. Putting glass, etc., on a highway prohibited
(a) No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway.
Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.
(b) No person shall throw or deposit any goods, merchandise, bundles or litter of any kind upon a highway.
(c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
§ 4187. Opening and closing vehicle doors
(a) No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
§ 4188. Use of flares for certain disabled vehicles
(a) Whenever any vehicle having a width at any part in excess of 80 inches and becomes disabled during the period when lighted lamps must be displayed on vehicles, and such vehicle cannot immediately be removed from the main traveled portion of a highway outside of a business or residence district, the driver or other person in charge of such vehicle shall cause flares, lanterns, reflectors or other signals to be lighted and placed upon the highway, one at a distance of approximately 100 feet in advance of such vehicle, one at a distance of approximately 100 feet to the rear of the vehicle and the third upon the roadway alongside of the vehicle. If the vehicle is transporting flammables, three red reflectors may be so placed so as to afford a warning of the presence of the vehicle on the highway in lieu of such other signals and no open burning flare shall be placed adjacent to any such vehicle.
§ 4189. Trailers and towed vehicles
(d) No motor vehicle shall be driven upon any highway drawing or having attached thereto more than one other vehicle, except that a motor vehicle with semi-trailer may draw in addition thereto, one other vehicle.
(e) The draw bar or other connection between any two vehicles, one of which is towing or drawing the other on a highway, shall not exceed 15 feet in length from one vehicle to the other. Whenever such connection consists of a chain, rope or cable, there shall be displayed upon such connection a red flag or other signal or cloth not less than 12 inches both in length and width.
SUBCHAPTER XII. OPERATION OF BICYCLES AND
§ 4190. Effect of regulations
(a) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this subchapter.
(b) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
§ 4191. Traffic laws apply to persons riding bicycles
(a) Every person riding on a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special regulations in this sub-chapter and except as to those provisions of this title which by their nature can have no application.
§ 4192. Riding on bicycles
(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
(b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
§ 4193. Clinging to vehicles
(a) No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
§ 4194. Riding on roadways and bicycle paths
(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(b) Persons riding bicycles upon a roadway shall not ride two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
() Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
§ 4195. Carry articles
(a) No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.
§ 4196. Lamps and other equipment on bicycles
(a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the Department which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light from a distance of 500 feet to the rear may be used in addition to the red reflector.
(b) No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet.
(c) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
SUBCHAPTER XIII. SAFETY ZONES, PASSENGERS
§ 4197. Driving through safety zone prohibited
(a) No vehicle shall at any time be driven through or within a safety zone.
§ 4198. Riding without owner's consent; protrusion beyond limits of vehicle
(a) No person shall ride upon any vehicle without the consent of the driver and when any person is riding on any vehicle with the driver's consent, no part of the person's body must protrude beyond the limits of the vehicle.
§ 4199. Riding in house trailers
(a) It shall be unlawful to ride in a house trailer being towed by another vehicle.
CHAPTER 42. REPORTS OF ACCIDENTS: PENALTIES:
INTERPRETATION OF LAWS
SUBCHAPTER I. REPORTS OF ACCIDENTS
§ 4201. Duty of driver involved in accident resulting in property damage
(a) The driver of any vehicle involved in an accident on the public highways resulting in apparent damage to property shall immediately stop such vehicle at the scene of the accident. If the damage resulting from such accident is to the property of the driver only, with no damage to the person or property of another, the driver need not stop at the scene of the accident, but shall immediately make report of the damage resulting.
(b) The driver shall give his name, address and the registration number of his vehicle and exhibit his operator's or chauffeur's license to the owner of the property or the driver or occupants of any vehicle with which his vehicle collides.
§ 4202. Duty of driver involved in accident resulting in injury or death to any person; violations and penalty
(a) The driver of any vehicle involved in an accident resulting in injury or death to any person shall immediately stop such vehicle at the scene of such accident. He shall give his name, address and the registration number of his vehicle and exhibit his operator's or chauffeur's license to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a hospital or physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person.
(b) Whoever violates subsection (a) of this section shall be fined not less than $100 nor more than $5,000, or imprisoned not less than 30 days nor more than five years, or both. The Commissioner shall revoke the operator's or chauffeur's license of every person so convicted.
§ 4203. Duty to report accidents; evidence
(a) The driver of any vehicle involved in an accident resulting in injury or death to any person or property damage to an apparent extent of $25 or more shall immediately after complying with the requirements of Sections 4201 and 4202, of this title report such accident to the nearest State Police Station except that when such accident occurs within the City of Wilmington, such report shall be made to the Department of Public Safety in that city.
(b) The State Highway Department may require drivers involved in accidents, or police departments to file supplemental reports of accidents upon forms furnished by it whenever the original report is insufficient in the opinion of the State Highway Department. Such reports shall be without prejudice, shall be for the information of the State Highway Department and shall not be open to public inspection. The fact that such reports have been so made shall be admissible in evidence solely to prove a compliance with this section but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such accidents.
§ 4204. Report of damaged vehicles; cars involved in fatal accidents
(a) The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious accident or struck by any bullet shall report to the nearest police station or sheriff's office within 24 hours after such motor vehicle is received giving the engine number, registration number, and the name and address of the owner of such vehicle.
(b) Cars involved in accidents resulting in death to human beings shall not be moved from the place of the accident until arrival of police, except if needed to convey an injured person to a hospital or doctor.
SUBCHAPTER II. PENALTIES
§ 4211. Penalties
(a) Whoever violates any provision of Chapters 41 or 42 of this title shall, for the first offense, be fined not less than $10 nor more than $100, or imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense, he shall be fined not less than $50 nor more than $200, or imprisoned not less than 15 nor more than 30 days, or both. All second offenses before being punishable as such, shall have been committed within 12 months after the commission of the first offense unless otherwise specifically provided.
(b) Subsection (a) of this section shall not apply to violations for which penalties are prescribed elsewhere in Chapters 41 or 42 of this title.
SUBCHAPTER HI. MISCELLANEOUS
§ 4220. Uniformity of interpretation
The provisions of Chapters 41 and 42 of this Title shall be so interpreted and construed as to effectuate the general purpose of those chapters to make uniform among the State the law relating to motor vehicles.
Section 2. Sections 4361 and 4362 of Title 21, Delaware Code, are repealed.
Section 3. § 101, Title 21, Delaware Code, is amended by adding the following definition following the definition of "Road Tractor" therein:
"Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
Section 4. § 101, Title 21, Delaware Code, is amended by striking the definition of "Highway" appearing therein and inserting in lieu thereof a new definition of "Highway" as follows:
"Highway" means the entire width between boundary lines of every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel, but does not include a road or driveway upon grounds owned by private persons, colleges, universities or other institutions.
Section 5. This act shall not have a retroactive effect and shall not apply to any traffic accident, to any cause of action arising out of a traffic accident or judgment arising therefrom or to any violation of the motor vehicle laws of this State, occurring prior to the effective date of this act.
Section 6. If any part or parts of this act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this act. The General Assembly hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be (would be) declared unconstitutional.
Section 7. This Act shall take effect six months after the date it becomes law.
Approved December 5, 1963.