CHAPTER 700

SENATE BILL NO. 615

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 17 AND 21, DELAWARE CODE RELATING TO OMNIBUS CHANGES IN THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION AND THE DEPARTMENT OF PUBLIC SAFETY.

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 Chapter 5, Title 17, Delaware Code by striking §505 in its entirety and inserting a new §505 to read as follows:

§505. Selling of non-uniform traffic control devices. Penalty.

Whoever sells or offers for sale for use on any public highway in this state any traffic control device which does not conform to the Delaware Manual on Uniform Traffic Control Devices for Division of Highways shall be fined not less than $25.00 nor more than $1,000.00 and shall make restitution to the purchaser in an amount equal to the entire sum originally paid for the device or devices. In the event a sale consists of the sale of more than one separate device, each sale of each separate device shall constitute a violation of this section.

Section 2. Amend Chapter 5, Title 17, Delaware Code by striking §510 in its entirety and substituting in lieu thereof the following new §510 to read as follows:

"§510. Speed limit and weight limits on structure.

elevated structure which crosses any public highway regardless of the owner or the owners of said bridge, causeway, viaduct or elevated structure and regardless of what government has jurisdiction over it.

(b) If it finds that a public structure set forth in subsection (a) cannot safely withstand vehicles traveling at the speed permissible under the Delaware Code, or cannot withstand vehicular gross weights, including carried load, permissible under the Delaware Code, the 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 signs stating such maximum speed or gross weight, including carried load, to be erected and maintained before the entrance to such structure.

() If it finds that a private structure as set forth in subsection (a) hereof cannot withstand the usage to which it is being subjected, the Department shall declare the maximum usage to which the structure can be subjected. The Department shall notify the owner and/or user of the private structure, who shall not permit the maximum safe usage as determined by the Department to be exceeded.

(a) Whoever violates any of the provisions of section (c) shall be fined not less than $25 nor more than $500, or imprisoned not less than 10 days nor more than 30 days or both."

Section 3. Amend §4105 of Chapter 41, Title 21,Delaware Code by striking said section in its entirety and substitute in lieu thereof a new §4105 to read as follows:

"§4105. Persons and vehicles working on highways and utilities; exceptions.

(a) Unless specifically made applicable, the provisions of this title except those contained in Subchapter IX of this chapter shall not apply to persons, motor vehicles and other equipment while actually engaged in work upon a highway or in work upon utility facilities along a highway so long as proper traffic control devices are posted, but shall apply to such persons and vehicles when traveling to or from such work.

(b) The driver of a vehicle shall yield the right of way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by traffic control devices.

(c) The driver of a vehicle shall yield the right of way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of the Secretary of Public Safety.

(d) Traffic control devices shall be used as required in the standards adopted under Title 17, Chapter 1, §146. Failure to comply with this section shall be cause for immediate cessation of operations in the affected area and the immediate reopening of the highway in a safe manner.

(e) Failure to comply with the lawful order to effect immediate cessation of operations and the reopening of the highway shall subject the violator to a fine of not less than $100 nor more than $500.

Section 4. Amend §4126 and §4126A of Chapter

41, Title 21, Delaware Code by striking said sections in their entirety and substitute in lieu thereof a new Section 4126 to read as follows:

"§4126. Unlawful use of controlled access highways; penalties.

(a) On any State highway designated by the Department of Highways and Transportation as a "controlled access highway", no person shall --

line;

(2) make a left turn or a semicircular or u-turn except through an opening provided for that purpose in the dividing curb section, separation, or line;

(3) drive any vehicle except in the proper lane provided for that purpose in the proper direction in said lane;

(4) drive any vehicle from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled access facility proper;

(5) drive a vehicle onto or from any controlled access roadway except at such entrances and exits as are established;

(6) back a vehicle upon any shoulder or roadway;

(7) operate or drive a bicycle;

(8) operate or drive any nonmotorized vehicle or wagon;

(9) lead or participate in a parade;

(0) lead or participate in a funeral procession, convoy, or other type of procession, either walking or riding;

(0) walk as a pedestrian except to contact aid in the event of an accident, breakdown, or other emergency;

(1) operate a vehicle of any type or kind prohibited by traffic control devices at the entrances;

(2) disobey the restriction stated on any traffic control device erected at the entrances.

(b) Any person who violates any of the provisions of subsection (a) of this section shall be punished by a fine not less than $5 nor more than $100, or by imprisonment for not less than five (5) days nor more than ninety (90) days or both; Justices of the Peace shall have original jurisdiction to hear, try and finally determine alleged violation of this section.

Section 5. Amend §4146, Chapter 41, Title 21, Delaware Code by striking said section in its entirety and insert a new section to read as follows:

"§4146. Pedestrians on highways; penalty.

(a) Where a sidewalk is provided and is accessible it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(b) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk facing traffic only on a shoulder, as far as practicable from the edge of the roadway.

(c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and shall walk facing traffic.

(d) Except as otherwise provided in this chapter, any pedestrian upon a highway shall yield the right of way to all vehicles upon the highway.

(e) The provisions of this section shall not require that pedestrians on one way roadways of controlled access highways walk facing traffic to the nearest emergency reporting device.

(1) 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."

Section 6. Amend §4147 of Chapter 41, Title 21, Delaware Code by striking said section and insert in lieu thereof a new section to read as follows:

"§4147. Pedestrians soliciting rides or business.

(a) No person shall stand in a highway for the purpose of soliciting any employment, business or contributions from the occupant of any vehicle.

(b) No person shall stand on or in proximity to a highway for the purpose of soliciting the watching or guarding of any vehicle while parking or about to be parked on a highway.

() No person shall stand in a highway for the purpose of soliciting a ride.

(a) No person shall at any time be jailed solely for violation of paragraph (c) of this section."

Section 7. Amend §4169, Chapter 41, Title 21,Delaware Code by striking said section in its entirety and substitute a new section to read as follows:

"§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 vehicles:

(a) 25 miles per hour in any business district;

(b) 25 miles per hour in any residential district;

(c) 20 miles per hour at all school crossings where 20 MPH regulatory signs are in effect during specific periods.

(d) 50 miles per hour on two lane roadways;

(e) 55 miles per hour on four lane roadways and on divided roadways.

(b) Whenever the Department of Highways & Transportation shall determine, on the basis of engineering studies and traffic investigations, or upon the basis of a Federal law or directive by the Congress or the President, that a maximum speed limit set pursuant to Subsection (a) of this section in any particular place on the State maintained highway system is greater or less than is reasonable or safe, the Department shall declare a reasonable and safe maximum limit thereat, which limit shall be effective when posted. Such maximum limit may be declared to be effective either part or all of the time and differing limits may be established for different times of the day, for different types of vehicles, for different weather conditions and when other significant factors differ. Such maximum limits may be posted on fixed or variable signs. Any speed in excess of such displayed limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful.

(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 ten (10) nor more than thirty (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 fifteen (15) nor more than sixty (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."

Section 8. Amend §4171, Chapter 41, Title 21,Delaware Code by striking subsection (b) and substitute a new subsection (b) to read as follows:

tion or in compliance with law may be displayed on appropriate traffic control devices."

Section 9. Amend §4505, Chapter 45, Title 21,Delaware Code by inserting a new subsection (c) to read as follows:

"§4505. Regulation of weights or exclusion of classes of vehicles.

(c) Justices of the Peace shall have original jurisdiction to hear, try and finally determine alleged violation of this section."

Section 10. Severability.

If any provision of this Act, or any rule, regulation or order thereunder or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this Act and the application of such provisions of this Act or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid shall not be affected hereby."

Approved August 5, 1976