CHAPTER 555

SENATE BILL NO. 714

AN ACT TO AMEND TITLE 17 AND TITLE 21 OF THE DELAWARE CODE RELATING TO TOLL EVASION ON THE DELAWARE RIVER AND BAY AUTHORITY MEMORIAL BRIDGE (TWIN SPANS).

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 §330, Chapter 3, Title 17 of the Delaware Code by striking said section in its entirety.

Section 2. Amend Chapter 41, Part III, Title 21 of the Delaware Code by adding thereto a new section, designated as §4128, which new section shall read as follows:

"§4128. Delaware Memorial Bridge; Toll Evasion.

(a) No vehicle shall be permitted to make use of any part of the Delaware Memorial Bridge, except upon payment of such tolls as may from time to time be prescribed by the Delaware River and Bay Authority.

(b) It is hereby declared to be unlawful for any person to refuse to pay, to evade, or attempt to evade the payment of any such toll. Any such violation regarding the payment of tolls shall be punishable by a fine of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00) or imprisonment of not more than five days, or both.

section shall have the right of appeal as set forth in §708, Chapter 7, Title 21 of the Delaware Code.

(d) In the event of an arrest for a violation of a provision of this section, the person arrested shall be taken before a Justice of the Peace whose regular office is nearest to the place where such person was arrested. The person so arrested shall have the privilege of electing to have his case tried and determined in the Court of Common Pleas, and shall be advised of this privilege as set forth in §5901, Chapter 59, Title 11 of the Delaware Code.

(e) Any peace officer may stop and arrest, with or without a warant, any person abroad who he has reasonable grounds to suspect is committing, has committed, or is attempting to commit a violation of this section."

Approved July 7, 1976