CHAPTER 701

SENATE BILL NO. 619

AS AMENDED BY HOUSE AMENDMENT NO. 1

TO HOUSE AMENDMENT NO. 2

HOUSE AMENDMENT NO. 1 TO HOUSE

AMENDMENT NO. 2

AN ACT TO AMEND TITLES 17 AND 21, DELAWARE CODE RELATING TO OMNIBUS CHANCES 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 §134 of Chapter 1, Title 17, Delaware Code by adding thereto the following sections to read as follows:

"§134. Authority in incorporated towns and cities; construction and maintenance of highways.

(d) With respect to State highways within their corporate limits, incorporated cities and towns in the State may erect and maintain such traffic control signals as shall be authorized by proper ordinance of the city or town and by the Department.

(e) Local authorities, on the basis of an engineering study and traffic investigation within their respective jurisdictions, may prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weight thereof on designated highways which prohibitions and limitations sball be posted as set forth in Chapter 45, §4505 of Title 21 of the Delaware Code; except that the alteration of weights or the prohibitions of trucks or other commercial vehicles shall not be effective on any state-

maintained highway until such alteration has been approved by the Department.

(f) Each rule and regulation adopted pursuant to this section shall be in the form of a resolution signed by the Secretary. A permanent record of these shall be kept by the Department and at the time of adoption a copy of each shall be forwarded to the Department of Public Safety, to the New Castle County Police, if within their jurisdiction, and to the incorporated city or town in which the highway lies.

(g) Pursuant to this section, the Department is authorized to perform all engineering studies and traffic investigations necessary to implement this section and Chapter 41 of Title 21 and to install, maintain, operate, and remove all traffic control devices necessary to comply with this section and Chapter 41 of Title 21. Where concurrent authority is granted, the incorporated town or city shall have the responsibility for traffic control devices.

(h) Nothing in this section shall be construed as granting to the Department or to the local jurisdiction the right to make any rules and regulations respecting the use of highways in incorporated areas contrary to the Delaware Code.

Section 2. Amend §141 of Chapter 1, Title 17, Delaware Cody by striking said section in its entirety and substitute a new §141 to read as follows:

"§141. Regulation of traffic; exceptions.

(a) The Department shall have jurisdiction and control of all State highways of this State outside of the limits of incorporated cities and towns for the purpose of regulating traffic and for the use and operation of all vehicles thereover; and may adopt any and all rules and regulations respecting the use of such highways and the operation of all vehicles upon the same.

(b) Each rule and regulation adopted pursuant to this section shall be in the form of a resolution signed by the Secretary. A permanent record of these shall be kept by the Department and at the time of adoption a copy of each shall be forwarded to the Department of Public Safety and to the New Castle County Police, if within their jurisdiction.

(c) Pursuant to this section, the Department is authorized to perform all engineering studies and traffic investigations necessary to implement this section and Chapter 41 of Title 21 and to install, maintain, operate and remove all traffic control devices necessary to implement Chapter 41 of Title 21 and regulations adopted thereunder.

(d) The Department, on the basis of engineering studies and traffic investigations may prohibit the operation of trucks or other commerical vehicles or impose limitations as to the weight thereof on designated highways which prohibitions and limitations shall be posted as set forth in Chapter 45, §4505 of Title 21 of the Delaware Code.

(e) Nothing in this section shall be construed as granting the Department the power to make any rules and regulations respecting the use of highways contrary to Delaware law.

Section 3. Amend Chapter 1, Title 17, Delaware Code by adding thereto a new section to be numbered 146 to read as follows:

"§146. Authority to establish standards for traffic control devices.

(a) The Department shall adopt a uniform standard for each type of traffic control device to be used on all highways open to the public in this State. Such standard shall correlate with, and so far as practical, conform to the standards used in other states.

(b) The standards shall be recorded in a manual to be known as the Delaware Manual on Uniform Traffic Control Devices for Streets and Highways. The manual shall have separate chapters setting individual standards for signs, signals and markings.

(c) Any traffic control device erected in violation of the manual, except experimental devices erected by the Department, shall be unofficial, unauthorized and unenforceable.

(d) A person or corporation shall not sell or offer for sale in this State any traffic control device or other device intended to regulate, warn or guide traffic unless it conforms with the State manual and specifications adopted under this section.

Section 4. Amend §179 of Chapter 1, Title 17, Delaware Code by striking said section in its entirety and substitute a new §179 to read as follows:

"§179. Restrictions on use of controlled-access facilities.

The Department may prohibit the use of specific classes of motor-driven vehicles or of other vehicles on controlled-access highways either all the time or during such times as necessary for safety. Notice of such prohibition shall be posted on traffic control devices at the entrance to the controlled-access facilities."

Section 5. Amend Chapter 5, Title 17, Delaware Code by striking §507, and §514 in their entirety.

Section 6. Amend Chapter 1 of Title 21, Delaware Code, by adding thereto the following definition:

"School bus - Every motor vehicle which has the words "School Bus" displayed on the front and rear of the vehicle as specified under §4364 of this title, and which is painted with the national school bus chrome yellow as specified under §4365 (a) of this title, and which is equipped with the flashing lamps as required under §4366 of this title, and which meets the minimum size requirements of §4365(b), of this title, and which meets other regulations as required by the Department of Public Safety."

Section 7. Amend Chapter 5, Title 21, Delaware Code, by striking §501, §504, §505, §506 in their entirety.

Section 8. Amend §4101 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and substitute a new section to read as follows:

"pm. 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 highways except:

1. Where a different place is specifically referred to in a given section.

2. That the provisions of Subchapter IX of this chapter shall apply upon highways and elsewhere throughout the State.

3. Upon application by a majority of persons having a property interest in a private road or way upon which motor vehicles are driven, the appropriate agency or officer of any town, city or county in which such private property is located may petition the Department of Public Safety in a manner prescribed by the Department, requesting the Department assume jurisdiction over such private property. Upon acceptance of jurisdiction over the private property the Department shall, by written notice, so notify each governmental body and property owner affected and shall supply copies of such notice to all appropriate courts and law enforcement agencies. One week following the official acceptance of such jurisdiction, all provisions of Titles 17 and 21 shall apply to the affected private property. The installation and maintenance of all traffic control devices authorized by the Department of Highways & Transportation shall be undertaken by the owners at no cost to the State.

(b) Local authorities, except as expressly authorized by law, shall not enact or enforce any rule or regulations contrary to the provisions of this Chapter. Local authorities may regulate the use of the highways by processions or assemblages. 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."

() The authority to authorize, maintain, install and remove all traffic control devices necessary to implement this TITLE is provided to the Department of Highways and Transportation and to local authorities in their respective jurisdiction by Title 17, Chapter 1. Unless otherwise provided in this TITLE, the authorities granted are uniformally applicable to all sections of this title.

Section 9. Amend §4103 of Chapter 41, Title 21, Delaware Code by striking Subsection (a) of said section in its entirety and substitute a new subsection to read as follows;

"§4103. Obedience to authorized persons direcing traffic.

(a) No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer or authorized flagman or fire policeman or uniformed adult school crossing guard invested by law with authority to direct, control or regulate vehicle and pedestrian traffic. This section shall not operate to relieve a driver of the duty to operate his vehicle with due regard to the safety of all persons using the highway.

Section 10. Amend §4107 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and substitute a new section to read as follows:

"§4107. Obedience to and required traffic control devices.

(a) The driver of any vehicle shall obey the instructions of any traffic control device applicable thereto placed in accordance with the provisions of this title, unless otherwise directed as authorized in §4103, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.

(b) No provision of this chapter for which traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official traffic control device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. This section shall not operate to relieve a driver of the duty to operate his vehicle with due regard to the safety of all persons using the highway.

(c) Whenever a particular section does not state that traffic control devices are required, such section shall be effective even though no traffic control devices are erected or in place.

(d) In the event a traffic control signal is erected and maintained at a place other than an intersection, the provisions of this Title shall be applicable except as to those provisions which by their nature can have no application.

(e) Whenever 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.

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."

Section 11. Amend §4108 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and substitute in lieu thereof a new §4108 to read as follows:

"§4108. Traffic control signal legend.

(a) Whenever traffic 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 or symbol legend, and such lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(1) Green indication:

(A) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a traffic control device 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.

(13) Unless otherwise directed by a pedestrian control signal as provided in §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.

(2) Circular yellow or yellow arrow:

(A) Vehicular traffic facing the circular yellow signal is thereby warned that a red signal for the previously permit [cc' movement will be exhibited immediately thereafter.

(B) Vehicular traffic facing the yellow arrow signal shown alone or in combination with another indication is thereby warned that the previously displayed green arrow signal is being terminated. The yellow arrow signal may be followed by a red signal or a green signal.

(C) Pedestrians facing a 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) Red Indication:

(A) Vehicular traffic facing the red 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 an indication to proceed is shown or as provided in paragraph B of this subsection.

(B) When a traffic control device is not in place prohibiting such turn, vehicular traffic facing a circular red signal may cautiously enter the intersection to turn right, or to turn left from a one-way roadway onto a one-way roadway.

(C) When turns on red are permitted, the right to proceed to turn after stopping shall be subject to the rule applicable after making a stop as at a stop sign.

(D) 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:

(A) 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 to pedestrians lawfully within an adjacent cross walk and to other traffic lawfully using the intersection.

(B) Vehicles facing such signals are thereby advised that other traffic movements may be prohibited from the lane or lanes that the signal indication controls. Making or attempting to make any prohibited movement is unlawful.

(C) Pedestrians facing such signals shall not enter the roadway unless they can do so safely and without interfering with any vehicular traffic.

(5) When lane use control signals are placed over the individual lanes of roadway 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. Left turns may be made across such lane if not otherwise prohibited. Vehicular traffic shall move from any lane over which a steady amber signal is displayed as soon as the movement can be made in safety. Vehicular traffic may use a lane over which a flashing yellow signal is displayed for the purpose of making a left turn.

(6) In the event that traffic signals are in place and no lighted indication is visible to an approaching driver, he shall reduce speed and prepare to yield to other vehicles in or approaching the intersection."

Section 12. Amend §4109, Chapter 41, Title 21,Delaware Code by striking said section in its entirety and substituting a new section to read as follows:

"4109. Pedestrian control signals.

(a) Whenever special pedestrian control signals exhibiting the words or symbols "Walk" or "Don't Start" or "Don't Walk" are in place, such signals shall take

precedence over pedestrian movements outlined in §4108 of this title. Such signals shall apply as follows:

(1) Walk or Flashing 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 driver of all vehicles.

(2) Don't Walk or Flashing Don't Walk or Don't Start -- 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."

Section 13. Amend §4110 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and substitute in lieu thereof a new section to read as follows:

"§4110. Flashing signals.

(a) Whenever a flashing red or yellow signal is used in a traffic signal or with a traffic sign, it shall require obedience by vehicle traffic as follows:

(1) Flashing Red - When a red lens is illuminated with intermittent flashes, drivers of vehicles shall stop before crossing the stop limit whether marked by a sign or painted line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and the right to proceed shall be subject to the rules applicable after making a stop as at a stop sign.

(2) Flashing Yellow - When a yellow lens is illuminated with intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signals only with caution.

(b) In the event that Hashing signals are in place and no lighted indication is visible to an approaching driver, he shall reduce speed and prepare to yield to other vehicles in

or approaching the intersection. If facing a stop sign, he shall stop and proceed as from a stop sign.

(c) This section shall not apply at railroad grade crossings."

Section 14. Amend §4112 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and substitute in lieu thereof a new section to read as follows:

"§4112. Interference with official traffic control devices or railroad signs or signals.

No person shall, without lawful authority, attempt to, or in fact alter, damage, deface, injure, twist, knock down, interfere with the operation of, or remove any public roadway, bridge, drain, light, gate or traffic control device, railroad sign or signal or other appurtenance or any inscription, shield or insignia thereon or any other part thereof."

Section 15. Amend §4114 of Chapter 41, Title 21, Delaware Code, Subsection (c) by adding to the end thereof a new sentence to read as Follows:

This subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road, driveway or highway."

Section 16. Amend §4117 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and substitute a new §4117 to read as follows:

"§4117. When overtaking on the right is permitted.

(a) The driver of the vehicle may overtake and pass upon the right of another vehicle only under conditions permitting such movement in safety. In no event except as permitted in paragraph (c) of this section shall such movement be made by driving off the roadway, main traveled portion, or regular moving traffic lane of the highway.

(b) Overtaking and passing on the right except as permitted herein shall be unlawful:

(1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon any roadway which is officially marked for more than one traffic lane in one direction;

(3) Upon any roadway on which traffic restricted to one direction of movement and the roadway is of sufficient width for two or more lanes of moving vehicles.

(c) When the vehicle overtaken is making or about to make a left turn, the vehicle approaching from the rear may pass on the right using the shoulder if necessary."

Section 17. Amend §4118 of Chapter 41, Title 21, Delaware Code by adding a new sentence at the end thereof to read as follows:

In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable."

Section 18. Amend §4119 of Chapter 41, Title 21, Delaware Code by striking it in its entirety and substitute in lieu thereof a new §4119 to read as follows:

"§4119. Further limitations on driving to left of center of Roadway.

(a) No vehicle shall be driven on the left side of the roadway under the following conditions:

(1) When approaching or upon a curve or the crest of a grade 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;

any intersection or railroad grade crossing, unless otherwise indicated by official traffic control devices;

(3) 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 oneway roadway, nor under the conditions described in §4114 (a) (2), nor to the driver of a vehicle turning left into or from an alley, private road, driveway or highway."

Section 19. Amend §4120 of Chapter 41, Title 21, Delaware Code by striking the words Department of Public Safety in subsection (a) and substitute in lieu thereof the words Department of Highways and Transportation.

Section 20. Amend §4120 of Chapter 41, Title 21, Delaware Code by striking Subsection (b) in its entirety and substitute in lieu thereof a new Subsection (b) to read as follows:

"§4120. No passing zones.

(b) Where signs or markings are in place to define a no passing zone 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. This section does not apply under the conditions described in §4114(a) (2), nor to a driver of a vehicle turning left into or from an alley, private road, driveway or highway."

Section 21. Amend §4121 of Chapter 41, Title 21, Delaware Code by striking §4121 in its entirety and substitute in lieu thereof a new §4121 to read as follows:

"§4121. One way roadways, reversible lanes and rotary traffic islands.

direction designated. Such designation may be at all times or at times as shall be indicated by traffic control devices.

(b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

(c) A driver about to enter a rotary traffic island shall yield the right of way to any vehicles passing around it.

Section 22. Amend §4122 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and substitute a new section to read as follows:

"§4122. Driving on roadways hoed 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.

(2) 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 by traffic control devices to traffic moving in the direction the vehicle is proceeding.

(3) Traffic control devices 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 traffic control device.

(4) 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."

Section 23. Amend §4123 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and substitute in lieu thereof a new section to read as follows:

"§4123. Following too closely.

(a) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard nor the speed of such vehicles and the traffic upon and the condition of the highway.

(b) The driver of any truck or vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another truck or 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 vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles.

() 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."

Section 24. Amend §4125, Chapter 41, Title 21,Delaware Code by renumbering it 4126A and add a new §4125 to read as follows:

"§4125. Turning out of slow moving vehicle.

On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow moving vehicle, behind which five (5) or more vehicles are formed in line, shall turn off the roadway wherever sufficient area for a safe turnout exists, in order to permit the vehicles following to proceed. As used in this section, a slow moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place."

Section 25. Amend Chapter 41, of Title 21,Delaware Code, by creating a new Subchapter to be designated as Subchapter IIIA to read as follows:

"SUBCHAPTER 111A. CONTROLLED ACCESS HIGHWAYS".

Section 26. Amend Chapter 41, Title 21, Delaware Code by transferring §4126 and §4127 under the new Subchapter 111A herein created by Section 25.

Section 27. Amend Chapter 41, Title 21, Delaware Code by adding thereto a new §4130 to read as follows:

"§4130. Stop when traffic obstructed.

No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians or railroad trains notwithstanding any traffic control signal indication to proceed."

Section 28. Amend §4133 of Chapter 41, Title 21, Delaware Code, by striking said section in its entirety and inserting in lieu thereof a new section to read as follows:

"§4133. Vehicle entering roadway.

way from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed."

Section 29. Amend Chapter 41, Title 21, Delaware

Code by adding thereto a new section to be designated as §4136 to read as follows:

"§4136. Driving upon sidewalk or bicycle path by vehicles and bicycles.

(a) No person shall drive any motor vehicle upon a sidewalk or bicycle path or sidewalk area or bicycle path area except upon a permanent or duly authorized temporary driveway.

() A person riding a bicycle upon a sidewalk or bicycle path lawfully used by pedestrians shall give audible signal before overtaking and passing such pedestrian.

(a) A person shall not ride a bicycle upon a sidewalk in a business district, when use of a sidewalk is prohibited by official traffic control devices, or when a usable bicycle only lane has been provided adjacent to the sidewalk."

Section 30. Amend §4141 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and insert in lieu thereof a new section to read as follows:

"§4141. Pedestrian obedience to traffic control devices and traffic regulations.

(a) A pedestrian shall obey the instructions of a traffic control device specifically applicable to him, unless otherwise directed by a police officer or uniformed adult school crossing guard. This section shall not operate to relieve the responsibilities and duties set forth in other sections of this Subchapter.

(b) Pedestrians shall be subject to traffic and pedestrian control signals as provided in §4108 and §4109.

(c) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter."

Section 31. Amend §4142 of Chapter 41, Title 21, Delaware Code by striking paragraph (b) in its entirety and insert in lieu thereof a new paragraph (b) to read as follows:

"§4142. Pedestrians' right of way in crosswalks.

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of vehicle which is so close as to constitute an immediate hazard.

Section 32. Amend §4144 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and insert in lieu thereof a new section to read as follows:

"§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 or accompanied by a guide dog upon a roadway."

Section 33. Amend §4149, Chapter 41, Title 21, Delaware Code by striking said section and inserting a new section to reads as follows:

"§4149. Walking on highways under influence of drugs or liquor.

(a) No person shall walk or be upon a highway of this State while under the influence of intoxicating liquor and/or narcotic drugs to a degree which renders himself a hazard."

Section 34. Amend Chapter 41, Title 21, Delaware Code by adding thereto a new §4151 to read as follows:

"§4151. Pedestrians' right of way on sidewalks.

The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk."

Section 35. Amend §4152 of Chapter 41, Title 21, Delaware Code by striking subsection (b) in its entirety and insert a subsection (b) to read as follows:

(b) Traffic control devices may 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 are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by traffic control devices."

Section 36. Amend §4153, Chapter 41, Title 21, Delaware Code by striking said section in its entirety and insert a new section to read as follows:

"§4153. Limitations on Turning Around.

(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.

(b) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic."

Section 37, Amend §4155 of Chapter 41, Title 21, Delaware Code by striking Subsection (a) & (b) of said section in their entirety and insert a new subsection (a) & subsection (b) to read as follows:

"§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 §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 or turn so as to proceed in an opposite direction unless and until such movement can be made with safety without interfering with other traffic. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.

(b) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last 300 feet or more than one-half mile traveled by the vehicle before turning."

Section 38. Amend §4162 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety.

Section 39. Amend §4163 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and insert a new §4163 to read as follows:

"§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 shift gears while crossing the track or tracks.

(b) This section shall not apply at:

(1) Any railroad grade crossing at which traffic is controlled by a police officer or human flagman;

(0) Any railroad grade crossing at which traffic is regulated by a traffic control signal;

(1) Any railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train;

(2) Any railroad grade crossing at which an official traffic control device gives notice that the stopping requirement imposed by this section does not apply."

Section 40. Amend §4164, Chapter 41, Title 21, Delaware Code by striking said section in its entirety and insert in lieu thereof a new section to read as follow:

"§4I64. Stop signs and yield signs.

(a) Except when directed to proceed by police officers or traffic control devices, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a marked stop line but if none, before entering the crosswalk on the near side of the intersection, or 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.

(b) The operator of any vehicle who has come to a full stop as provided in subsection (a) of this section shall yield the right of way to any vehicle or pedestrian in the

intersection or to any vehicle approaching on another roadway so closely as to constitute an immediate hazard and shall not enter into, upon, or across such roadway or highway until such movement can be made in safety.

(c) Whenever a yield sign notifying drivers to yield the right of way has been erected it shall be unlawful for a driver of any vehicle on the highway whose traffic is regulated by such a sign to fail to yield the right of way to any vehicle approaching on or from another highway or merging roadway, or to a pedestrian legally crossing a roadway. If required for safety to stop, the stop shall be made at a marked stop line but if none, before entering the crosswalk on the near side of the intersection, or 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. Any such driver having so yielded to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard or to a pedestrian legally crossing a roadway shall not enter into, upon or across such _roadway or highway, until such movement can be made in safety."

Section 41. Amend §4165 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and inserting in lieu thereof a new section to read as follows:

"0165. I'Anerging from alley, driveway, private road or building.

(a) The driver of a vehicle emerging from an alley, driveway, private road 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, driveway, or private road and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and before entering the roadway shall yield the right of way to -all vehicles approaching on the roadway."

Section 42. Amend §4166, Chapter 41, Title 21, Delaware Code by striking said section in its entirety and substitute in lieu thereof' a new section to read as follows.

"§4166. Overtaking and passing school bus; stop signal devices.

A. School Bus:

(1) It shall be unlawful to operate or permit to be operated a vehicle which purports to be a school bus and which does not meet the following requirements:

(a) Carries a valid school bus inspection sticker.

(b) Meets all requirements set by the Department of Public Safety.

(c) Complies with Chapter 43, §4364, §4365 and §4366.

(2) If' licensed in another state, these requirements still prevail except that an inspection sticker is not required.

(3) It shall be unlawful for the driver of any vehicle which does not meet the requirements of this section to attempt to or to control traffic while stopped on the roadway to pick up and discharge passengers.

13. School Bus Flashing Lamps.

( I) School bus flashing lamps are intended to identify t he vehicle as a school bus and to inform other users of the highway that such vehicle is about to stop or is stopped on the roadway or shoulder to take on or discharge school children. They are separate from the brake lamps and shall not be used in lieu of or to supplement the brake lamps.

motorists advance notice that the bus is preparing to stop or has stopped to pick up and discharge pupils. The lamps shall always be used prior to the red when available and shall be used only after the bus is relatively parallel with the travelway. The bus may be in motion when the amber warning lamps are activated.

(3) The red stop lamps shall be activated only when the bus is stopped, but only when the bus is stopped on the shoulder or roadway to pick up and discharge pupils. The red stop lamps shall not be displayed while the bus is in motion either before or after a stop.

(4) The amber warning lamps and/or the red stop lamps shall not be activated:

(a) in designated school bus loading zones;

(b) at intersections or other places where traffic is controlled by traffic control signals or police officers;

(c) when the bus is not being used as a school bus.

C. Scihool Bus Words:

The words "School Bus" shall be displayed whenever the bus is operated as a school bus. The words shall be covered, or concealed, or removed when the bus is not in actual service as a school bus.

D. Overtaking and Passing School Bus:

When a school bus is stopped on the roadway or shoulder approximately parallel to the travelway and displays flashing lamps in accordance with Section B, the driver of any vehicle approaching the school bus from the front or from the rear shall stop before passing the bus and remain stopped until such bus begins to move or no longer has the red stop lamps activated. On roadway or roadways with four or more lanes, the driver approaching from the front shall not stop.

E. Stopping of School Bus on Shoulder:

Whenever practical, a school bus driver shall stop on the shoulder to pick up and discharge passengers.

F. Amber lights; Exception:

School buses not equipped with flashing amber lamps shall operate the red lamps only as permitted in B(3).

G. Identification Violators:

If any vehicle is witnessed by a police officer to be in violation of subsection D of this section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed such violation of subsection D of this section."

Section 43. Amend §4168 of Chapter 41, Title 21, Delaware Code by striking subsection (b) in its entirety and substitute in lieu thereof a new subsection (b) to read as follows:

"§4168. General speed restrictions.

(b) The driver of every vehicle shall, consistent with the requirements of the provisions of subsection (a) of this section, drive at an appropriate 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."

Section 44. Amend §4171, Chapter 41, Title 21, Delaware Code by striking subsection (b) and substitite a new subsection (b) to read as follows:

"§4171. Minimum speed.

(b) A minimum speed limit, below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law may be displayed on appropriate traffic control devices."

Section 45. Amend §4173 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and inserting in lieu thereof a new section to read as follows:

"§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 bridge has traffic control devices displayed.

(b) No person shall drive a 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 has traffic control devices displayed.

(c) The existence of traffic control devices shall be conclusive evidence of the maximum speed or gross weight, including carried load, which can, with safety to any such structures be maintained thereon.

Section 46. Amend §4174 of Chapter 41, Title 21, Delaware Code by striking said section in its entirety and insert in lieu thereof a new section to read as follows:

"§4174. Complaint and summons in speed violations.

(a) In every charge of violation of any speed regulation in Chapter 41 except §4168 and §4172, the complaint and the summons or notice to appear shall specify the speed at which the defendent is alleged to have driven and the ma imum or minimum speed applicable at the location."

Section 47. Amend §4176 of Chapter 41, Title 21, Delaware Code by striking subsection (a) and (b) in their entirety and insert a new subsection (a) and (b) to read as follows:

"0176. Careless or inattentive driving.

(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather, and traffic conditions then existing, shall be guilty of careless driving.

(b) Whoever operates a vehicle and who fails to give full time and attention to the operation of the vehicle, or whoever fails to maintain a proper lookout while operating the vehicle, shall be guilty of inattentive driving."

Section 48. Amend §4177, Chapter 41, Title 21, Delaware Code, by striking the words Motor Vehicle in Subsection (a) wherever same appears and inserting the word vehicle in lieu thereof.

Section 49. Amend §4177, Chapter 41, Title 21, Delaware Code, by adding a new subsection (d) to read as follows:

(d) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.

Section 50. Amend §4178, Chapter 41, Title 21, Delaware Code by striking said section in its entirety and insert in lieu thereof a new section to read as follows:

"§4177. Stopping, standing or parking; general.

(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 roadway except when necessary to avoid conflict with other traffic or where it is necessary for public utility vehicles to temporarily stop along the highway to make alterations in or repairs to utility facilities so long as proper traffic control devices are posted or where it is in compliance with the directions of a police officer or traffic control device.

(b) Whenever any person authorized to make arrests under this title finds a vehicle standing upon the highway in violation of provisions of Subsection (a) of this section or of §4179, of this chapter he may move such vehicle or require the driver or other person in charge of the vehicle to move same to a position off the highway.

(c) Any person authorized to make arrests under this title is hereby authorized to remove or cause to be removed any unattended vehicle illegally left standing upon any highway, bridge causeway or in any tunnel in such a position or under such circumstances as to obstruct the normal movement of traffic.

(d) Subsection (a) and (b) of this section shall not apply to the driver of any vehicle which is disabled while on the roadway in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving such vehicle in such position."

Section 51. Amend §4179 of Chapter 41, Title 21, Delaware Code by striking subsections (a) and (b) in their entirety and insert in lieu thereof new subsections (a) and (b) to read as follows:

"§4179. 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;

(7) Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic control signal;

(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 a different length is indicated by traffic control devices;

(0) Within 50 feet of the nearest rail or railroad crossing, unless a different length is indicated by traffic control devices;

(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 designated by traffic control devices.

(2) Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;

(3) Upon the roadway of any highway when it is practical to stop, stand or park off the roadway;

(4) On the roadway side of any vehicle stopped or parked on the shoulder or at the edge or curb of a highway;

(5) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(6) At any place where official traffic control devices prohibit stopping, standing or parking;

(16) At any place where such parking, standing, or stopping obstructs the free passage of other traffic.

(17) Wherever a curb is marked yellow or a yellow line is placed at the edge of a roadway or shoulder;

(18) In the area between roadways of a divided highway, including crossovers.

(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.

Section 52. Amend §4180, Chapter 41, Title 21,Delaware Code by striking said subsections (a), (b), (c) and (d) in their entirety and substitute in lieu thereof a new subsection (a), (b), (c) and (d) to read as follows:

"§4180. 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 outside edge of the shoulder.

(b) 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 outside edge of the shoulder, or its left wheels within 12 inches of the left-hand curb or outside edge of the shoulder.

(c) Local authorities within their respective jurisdictions may, by ordinance, permit angle parking on any highway except that angle parking shall not be permitted on a Federal-aid or State highway unless the Department of Highways and Transportation has determined that the highway is of sufficient width to permit angle parking without interfering with the free movement of traffic on the roadway.

(d) The Department of Highways and Transportation may place signs prohibiting or restricting the stopping, standing, or parking of vehicles on any highway where, in its opinion, 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 prohibitions or restrictions 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.

Section 53. Amend §4184, Chapter 41, Title 21,Delaware Code by striking subsection (b) said section in its entirety.

Section 54. Amend §4185 of Chapter 41, Title 21,Delaware Code by striking said section in its entirety and insert in lieu thereof a new section to read as follows:

"§4185. 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 and said motorcycle shall be equipped with passenger footrests.

(b) Every person operating or riding on a motorcycle shall wear a safety helmet and eye protection approved by the Secretary of Public Safety.

(c) No portion of the handle bars on a motorcycle may extend more than 15 inches above the level of the operator's regular seat. The operator shall keep at least one hand on a handgrip of the handlebars at all times when moving.

(d) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.

(e) No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents him from keeping both hands on the handlebars.

(f) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator."

Section 55. Amend §4186 of Chapter 41, Title 21,Delaware Code, by adding a new subsection (c) to read as follows:

"§4186. Obstruction to driver's view of driving mechanism.

(c) Every person riding in a passenger car shall occupy a seating position designed and intended for his use."

Section 56. Amend §4187, Chapter 41, Title 21,Delaware Code by striking said section in its entirety and insert in lieu thereof a new section to read as follows:

"§4187. Coasting prohibited.

(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral.

(b) The driver of any motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged."

Section 57. Amend §4188, Chapter 41, Title 21,Delaware Code by striking subsection (b) in its entirety and insert a new subsection (b) to read as follows:

"§4188. Following fire apparatus; driving vehicle over fire hose.

hose, which has been laid for the purpose of extinguishing a fire without the consent of the fire department official in command."

Section 58. Amend §4191, Chapter 41, Title 21,Delaware Code by striking subsection (a) in its entirety and insert a new subsection (a) to read as follows:

"§4191. Trailers and towed vehicles.

(a) No vehicle shall be driven upon any highway drawing or having attached thereto more than one other vehicle, except that a vehicle with semi-trailer may draw in addition thereto, one other vehicle. This section does not apply to farm tractors.

Section 59. Amend §4191, Chapter 41, Title 21,Delaware Code by adding a subsection (c) to read as follows:

(c) It shall be unlawful to ride in a towed vehicle except when necessary to steer the towed vehicle."

Section 60. Amend §4194, Chapter 41, Title 21,Delaware Code by inserting a new subsection (c) to read as follows:

(c) A trailer or semi-trailer designed for attachment to a bicycle may be used when securely attached thereto."

Section 61. Amend Chapter 43, Title 21, Delaware Code by adding thereto a new §4364 to read as follows:

"§4364. School bus markings.

(a) Every school bus shall bear the words "School Bus" in black letters at least 8 inches high with a stroke width of at least 1/4 inches on both the front and rear of the body or on signs attached thereto. Lettering shall be placed as high as possible and between the flashing lamps required in §4366 without impairment of its visibility, but under no circumstances shall the bottom of the letters be lower than the top of the window line of the vehicle on which it is displayed.

(b) When a school bus is being operated upon a highway for purposes other than the actual transportation of children, all markings thereon indicating "School Bus" shall be covered, concealed or removed."

Section 62. Amend Chapter 43, Title 21, Delaware Code by adding thereto a new section to be designated §4365 to read as follows:

"§4365. School bus color and size.

(a) Every school bus body, including hood, cowl and fenders shall be painted the uniform color "National School Bus Chrome Yellow". Front and rear bumpers shall be painted black. Body trim, if used, shall be black.

(b) Every school bus body excluding mirrors shall have a minimum width of 84 inches and a minimum height from the road surface to the top of the roof of 100 inches."

Section 63. Amend Chapter 43, Title 21, Delaware Code by adding thereto a new section to be designated §4366 to read as follows:

"§4366. School bus flashing lamps.

(a) Every school bus must be equipped with two amber and two red lamps at the rear of the vehicle, and two amber and two red lamps at the front of the vehicle, which shall be controlled by a manually actuated switch, and when actuated shall flash alternately at the rate of 60 to 120 cycles per minute. The lamps must be mounted at the same horizontal level. Lamps shall be sealed beam units at least 51/2 inches in diameter and shall have sufficient intensity to be visible at 500 feet in normal sunlight."

Section 64. Amend §4505, Chapter 45, Title 21,Delaware Code by striking said section in its entirety and insert a new section to read as follows:

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

(a) Traffic control devices may be erected on any highway establishing the maximum permitted weight of any vehicle including load that may be driven thereover.

(b) Traffic control devices may be erected on any highway prohibiting the operation of trucks or other commercial vehicles thereover."

Section 65. Amend §6509, Chapter 65, Title 21, Delaware Code by striking said section in its entirety and insert a new section to read as follows:

"0509. Display of Lights.

Each traction engine or tractor and all vehicles attached thereto, shall comply with the requirements of §4345, Chapter 43, Title 21, Delaware Code."

Section 66. Amend §6514, Chapter 65, Title 21, Delaware Code, by striking said section in its entirety and insert a new section to read as follows:

"§6514. Permit for Excess Weight.

Whenever it is necessary to operate a vehicle in excess of the weight prescribed by this chapter, a special permit shall be obtained from the Department of Highways and Transportation. Such permit shall be issued under the terms and authority of §4504, Chapter 45, Title 21, Delaware Code."

Section 67. Amend §6515, Chapter 65, Title 21, Delaware Code by striking said section in its entirety.

Section 68. Amend §6516, Chapter 65, Title 21, Delaware Code, by striking said section in its entirety and substitute a new section to read as follows:

"§6516. Permits to Move Vehicles Without Tires.

The Secretary of Highways and Transportation and local authorities in their respective jurisdictions may, in their discretion, issue special permits authorizing the operation upon a highway traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery."

Section 69. Amend §6520, Chapter 65, Title 21, Delaware Code, by striking said section in its entirety and inserting a new section to read as follows:

"§6520. Traffic Laws Apply to Persons Driving Traction Engine and Tractors.

(a) Every person driving a tractor or traction engine 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 regulation in this subchapter and except as to those provision of this title which, by their nature, can have no application."

Section 70. Amend §2735, Chapter 27, Title 21, Delaware Code, by striking the period (.) at the end of said section and substituting in lieu thereof the following:

" except that a person whose license is revoked under §2732 (a) (3) may apply and be issued a license under the provisions of this Title."

Section 71. 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