CHAPTER 339

FORMERLY

SENATE BILL NO. 511

AN ACT TO AMEND CHAPTERS 1, 4, AND 21, TITLE 21 OF THE DELAWARE CODE AUTHORIZING THE SECRETARY OF PUBLIC SAFETY TO ASSESS FEES, PERMITS OR TAXES ON MOTOR VEHICLES FROM OTHER STATES WHICH IMPOSE EXTRA FEES, PERMITS OR TAXES ON DELAWARE REGISTERED VEHICLES.

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 §101. Chapter 1, Title 21 of the Delaware Code by adding a new paragraph (63) to read as follows:

"(63) 'Jurisdiction' shall mean any State, Territory or Federal District of the United States, or a foreign country."

Section 2. Amend §402, Chapter 4, Title 21 of the Delaware Code by striking said section in its entirety and by inserting in lieu thereof a new §402 to read as follows:

1402. Imposing an equalizing fee on vehicles registered to nonresidents

Except as otherwise provided by reciprocity agreement or other arrangement entered into by the Secretary or by a declaration issued by him, no motor vehicle or trailer or semi-trailer registered in another jurisdiction which requires the payment of a registration fee or fees or taxes of any other nature from an owner of a similar vehicle properly registered in this State for the operation of such vehicle on the highways of such other State, shall be operated on the highways of this State unless a fee is paid to the Department, equal in amount to the fee or tax collected by the authorized official or public agency of such other Jurisdiction for the operation on its highway of the motor vehicle, trailer or semi-trailer properly registered in this State. In the event that the fee or tax collected by such other jurisdiction is imposed for the registration of the vehicle therein, then in no case shall the fee paid to the Department be less than the amount now or hereafter provided for by the laws of this State for the registration of a similar vehicle. The Secretary shall from time to time promulgate such regulations as may be necessary for the effective enforcement of this section."

Section 3. Amend Section 2112, of Chapter 21, Title 21 of the Delaware Code by adding the following new subsection (e):

"(e) The Secretary shall enforce the provisions of this Title and shall have the power to suspend the operating privilege of all, a class, or a part of any class of motor vehicles or trailers or semi-trailers registered in another Jurisdiction when, in his Judgment, any such Jurisdiction prohibits the free operation therein of a class or part of any class of motor vehicles or trailers or semi-trailers belonging to residents of this State and which have been properly registered in accordance with the laws of this State. The Secretary shall also have power to suspend for violation of any of the provisions of this Title, or on other reasonable grounds, the operating privilege of any motor vehicle or trailer or semi-trailer belonging to a nonresident. In suspending any such operating privilege, the Secretary shall notify the official or body performing the registration duty in the jurisdiction in which the nonresident resides of such action If any such motor vehicle or trailer or semi-trailer whose operating privilege has been suspended shall thereafter be driven in this State, such driving shall constitute a violation of Section 2115 (1) of this Title, and the driver of any such vehicle shall be subject to the penalty prescribed in said Section 2116. The Secretary shall also have the power to impound the vehicle in violation until the fees imposed under Section 402 of this Title have been paid to the Department. Any impoundment fees or towing fees incurred as a result of a violation of this Section shall be at the registered owner's expense."

Approved July 2, 1984.