CHAPTER 563

FORMERLY

HOUSE BILL NO. 356

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHPATER 41, PART III, TITLE 21 OF THE DELAWARE CODE RELATING TO LITTER ON STATE HIGHWAYS AND ROADS, AND PROVIDING A REBUTTABLE PRESUPTION IN INSTANCES WHERE GLASS AND OTHER LITTER IS THROWN OR DEPOSTIED ON THE ROAD AND PROVIDNG A PENALTY THEREFOR.

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. Amend §4186, Chapter 41, Part III, Title 21 of the Delaware Code, by adding thereto the following new subsections:

(e) If a police officer witnesses the violation of subsections (a), (b) or (c) of this section by a person in a vehicle, and the identity of the offender is not otherwise apparent, there shall be a rebuttable presumption that the driver of the vehicle is responsible for such violation.

(f) Whoever violates any provision of this section shall be fined not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00).

(g) The rebuttable presumption set forth in subsection (e) of this section shall not apply to operators of buses carrying nine or more persons.

Approved July 29, 1974.