CHAPTER 402

FORMERLY

HOUSE BILL NO. 502

AS AMENDED BY HOUSE AMENDMENTS NOS. 1, 2, 4 AND 5

AN ACT TO AMEND TITLE 9, TITLE 14, AND TITLE 21 OF THE DELAWARE CODE RELATING TO SCHOOL CROSSING GUARDS; AND PROVIDING FOR REPORTING OF CERTAIN OFFENSES AND INFRACTIONS.

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 §2702, Chapter 27, Part II, Title 9 of the Delaware Code by re-designating present subsection (c) as new subsection (d); by re-designating present subsection (d) as new subsection (e); and by adding to said section the following new subsection:

"(c) In instances where the driver of a motor vehicle fails to comply with the lawful directions or signals of a school crossing guard, or otherwise violates a lawful ordinance or statute, the school crossing guard may report such driver to the appropriate police authorities. If the identity of the driver is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered, to whom a rental vehicle is leased, or whose name appears on a company's records as driving a company car is responsible for the violation."

Section 2. Amend Chapter 41, Part I, Title 14 of the Delaware Code by adding thereto a new section, designated as §4113, which new section shall read as follows:

"§4113. Safety of Pupils

Where school crossing guards are employed by a school district, the guards shall have the right to stop, control and guide vehicular traffic near any pedestrian crosswalk in order to permit children to cross streets or highways safely. In instances where the driver of a motor vehicle fails to comply with the lawful directions or signals of a school crossing guard, or otherwise violates a lawful ordinance or statute, the school crossing guard may report such driver to the appropriate police authorities. If the identity of the driver is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered, to whom a rental vehicle is leased, or whose name appears on a company's records as driving a company car is responsible for the violation."

Section 3. Amend §4166, Chapter 41, Part 111, Title 21 of the Delaware Code by striking the words or a school bus operator" as the same appear in subsection (g), and substituting the words ", school bus operator or school crossing guard" in lieu thereof.

Approved July 21, 1982.