CHAPTER 449

FORMERLY

SENATE BILL NO. 575

AN ACT TO AMEND CHAPTER 41, TITLE 21, DELAWARE CODE, RELATING TO LOCAL AUTHORITIES AND THE FORCE AND EFFECT OF LOCAL TRAFFIC ORDINANCES AND TO AMEND CHAPTER 27, TITLE 21, TO PROVIDE FOR A CLARIFICATION OF THE WORD "CONVICTION".

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 21, Section 4101(b) by deleting the present subsection (b) in its entirety and substituting a new subsection (b) to read as follows:

"(b) Local authorities, except as expressly authorized by law, shall not enact or enforce any rules or regulations contrary to this chapter. Traffic ordinances and regulations adopted by local authorities and substantially conforming to the sections of this chapter, shall have the same force and effect as the traffic laws of this title. Whenever any provision of this title refers to a specific section of this title, such section shall be deemed to include substantially conforming ordinances and regulations enacted by local authorities. The court's notice of conviction for violating a local ordinance or regulation that substantially conforms to the provisions of this title, when included in the person's driving record, shall be deemed to be equivalent to a violation of the state statute to which it conforms. This section shall not be deemed to affect the JurisidictIon for violations of local traffic ordinances or regulations nor the fine to be imposed for such a violation. Local authorities may regulate the use of the highways by processions or assemblages. Nothing in this chapter shall be construed to *vent 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."

Section 2. Amend Title 21, Section 2732 by adding a new subsection (d) to read as follows:

"(d) The convictions included in subsections (a) and (b) of this section shall be deemed to include convictions for any violation of this title or a local ordinance or regulation substantially conforming to a state statutory provision."

Approved July 23,1982.