CHAPTER 372

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE, RELATING TO MOTOR VEHICLES AND THE UNIFORM RULES OF THE ROAD AND OTHER MATTERS BY ADOPTING A SAVING CLAUSE.

WHEREAS, The General Assembly by Chapter 160, Volume 54, Laws of Delaware, repealed Chapter 41, Title 21, Delaware Code, relating to motor vehicles, and adopted new Chapters 41 and 42, Title 21, Delaware Code; and

WHEREAS, The General Assembly intended at the time of enactment, that Section 5 of Chapter 160, Volume 54, Laws of Delaware, be a saving clause preserving all causes of action, including criminal and civil, arising out of traffic accidents or violations under the prior Chapter 41, Title 21, Delaware Code; and

WHEREAS, The General Assembly wants to make said intent conclusively clear and wants all causes of action, including civil and criminal, arising before the effective date of Chapter 160, Volume 54, Laws of Delaware, that is, June 5, 1964, saved and preserved; 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 160, Volume 54, Laws of Delaware, is amended by adding thereto a new section to read:

Section 9. The provisions of this act do not apply to violations or traffic accidents or to causes of action and/or judgments arising therefrom prior to June 5, 1964. Prosecutions for such offenses and violations shall be governed by the prior law which is continued in effect for that purpose, as if this Act is not in force. All violations, offenses, prosecutions and criminal appeals under the prior law are saved and preserved. All civil causes of action based upon or under the prior law arising out of traffic accidents prior to June 5, 1964, and judgments thereon or appeals therefrom are saved and preserved.

Section 2. The General Assembly finds that it intended at the time of enactment of Chapter 160, Volume 54, Laws of Delaware, that Section 5 of said act be a saving clause and that Section 1 of this Act is a conclusive clarification of that intent and as such is applicable from the date of enactment of the said Chapter 160, Volume 54, Laws of Delaware, on June 5, 1964.

Section 3. If any section or provision of this Act, or the application thereof to any person, thing or circumstances is held invalid, such invalidity shall not affect the provisions or application of this Act that can be given effect without the invalid provisions or application and to this end the provisions of this Act are declared to be severable.

Approved August 6, 1964.