CHAPTER 136

FORMERLY

SENATE BILL NO. 136

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 42, TITLE 21 OF THE DELAWARE CODE PROHIBITING THE REMOVAL OF A VEHICLE FROM THE SCENE OF AN ACCIDENT EXCEPT UNDER SPECIFIED CONDITIONS.

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 42, Title 21 of the Delaware Code by renumbering the present Section 4206 as 4207.

Section 2. Amend Chapter 42, Title 21 of the Delaware Code by adding thereto a new Section 4206 to read as follows:

"§4206. Removal of vehicles from accident scene prohibited

No person shall remove from the scene of an accident resulting in apparent property damage any vehicle without the consent of the owner of any property which has been damaged in such accident unless a police officer is present at the scene of such accident and authorizes the removal.

For the purposes of this section, the term 'person' shall not include the owner of the vehicle, the operator of the vehicle at the time of the accident, or a passenger in such vehicle at the time of the accident."

Approved July 12,1979.