CHAPTER 466

FORMERLY

SENATE BILL NO. 525

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 3, 21, 23, 25, 27, 63 AND 80, TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGISTRATION, TITLING AND LIENING OF MOTOR VEHICLES AND TO THE TRANSFER OF REGISTRATIONS AND TITLES OF, AND LIENS ON, MOTOR VEHICLES.

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

Section 4. Amend Section 316, Title 21 of the Delaware Code by striking paragraph (2) in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:

"(2) Any vehicle used or intended to be used solely upon private property which must cross or use the public highway only incidentally in order to gain access from one portion of such property to another. This subsection shall not apply to mobile homes or house trailers."

Section 5. Amend Section 2102. Title 21 of the Delaware Code by striking from subsection (a) the number "90" and substituting in lieu thereof the number "60".

Section 6. Amend Section 2704, Title 21 of the Delaware Code by striking from subsection (a) the number "90" and substituting in lieu thereof the number "60".

Section 8. Amend Section 2155. Title 21 of the Delaware Code by adding at the end of the section the following sentence:

"A renewal of a registration for a 3-month period shall be permitted only for a motor vehicle which has a gross registered weight of 18.000 pounds or more."

Section 9. Amend Section 2302. Title 21 of the Delaware Code by striking subsection (b) in its entirety and substituting in lieu thereof the following:

"(b) The owner shall certify, under penalty of perjury, that the statements made on the application for a certificate of title are true and correct to the best of his knowledge, information and belief."

Section 10. Amend Section 2510, Title 21 of the Delaware Code by striking from subsection (b) the phrase "verified under oath" and substituting in lieu thereof the phrase "as certified", and by inserting in subsection (b), following the phrase "by the owner" and before the phrase. ", of all liens and encumbrances the phrase "under penalty of perjury".

Section 11. Amend Section 2306. Title 21 of the Delaware Code by adding a new subsection (e) to read as follows:

"(e) If a licensed dealer holds for sale a motor vehicle, truck tractor or trailer, or any other vehicle required by this title to be registered or titled by the Department, and transfers or sells such motor vehicle, truck tractor. trailer or other vehicle to someone other than another licensed dealer who holds such vehicle for sale, the dealer shall:

Comply with the provisions of this chapter; and

Within 30 days of the date of delivery of the vehicle to the purchaser or transferee. transmit to the Department the application for certificate of title and such other accompanying documents and fees as are required by the Department: or

Within 10 days of the date of delivery of the vehicle. transmit to the purchaser or transferee of such vehicle the application for certificate of title and such other accompanying documents as are required by the Department, in which case the purchaser or transferee shall submit the application and other documents to the Department within 30 days of the date of delivery of the vehicle.

If. due to extenuating circumstances, the dealer or purchaser or transferee is unable to transmit the application to the Department within 30 days of the date of delivery of the vehicle. the Director in his discretion may grant an extension of time within which the dealer. purchaser or transferee must do so."

Section 12. Amend Section 2509, Title 21 of the Delaware Code by striking the section in its entirety and substituting in lieu thereof the following:

"§2509. Delivery of Title Application to the Department

if a licensed dealer holds for sale a motor vehicle, truck tractor, trailer, or any other vehicle required by this title to be registered or titled by the Department, and transfers the motor vehicle, truck tractor, trailer or other vehicle to someone other than another licensed dealer who holds such vehicle for sale, the dealer shall:

Comply with the provisions of this chapter; and Within 30 days of the date of delivery of the vehicle to the purchaser or transferee, transmit to the Department the application for certificate of title and such other accompanying documents and fees as are required by the Department; or

Within 10 days of the date of delivery of the vehicle, transmit to the purchaser or transferee of such vehicle the application for certificate of title and such other accompanying documents as are required by the Department, in which cue the transferee or purchaser shall submit the application and other documents to the Department within 30 days of the date of delivery of the vehicle.

if, due to extenuating circumstances, the dealer or purchaser or transferee is unable to transmit the application to the Department within 30 days of the date of delivery of the vehicle, the Director in his discretion may grant an extension of time within which the dealer, purchaser or transferee must do so."

Section 13. Amend Chapter 25, Title 21 of the Delaware Code by adding a new Section 2514 to read as follows:

"§2514. Sale of Used Taxicabs; Notice; Inspection; Penalty

No person shall knowingly offer for sale or exchange in this State any motor vehicle which was previously licensed and used as a taxicab or for public transportation until the certificate of title for such motor vehicle has been surrendered to the Secretary of Public Safety and until the Secretary has stamped in a conspicuous place on such certificate of title the designation "PREY TAXI".

No taxicab or other vehicle which was previously used for public transportation shall be sold to any person until such vehicle has been examined and determined safe and fit for operation and found equipped according to law by the agents of the Secretary of Public Safety of this State. In the event such vehicle is found to be in an unsafe condition or the required equipment is not present or is not in proper repair and adjustment, the Secretary or his agent shall give a written notice of the unsafe condition to the owner of the motor vehicle. In event the taxicab or motor vehicle is not placed in a safe condition and equipped according to law, the Department shall rescind, cancel or suspend the registration of such vehicle.

Any person who sells a motor vehicle contrary to this section and every officer, agent or employee of any person, firm or corporation and every person who shall sell or who shall authorize, direct, aid in or consent to the sale of a motor vehicle contrary to the provisions of this section shall be fined not more than $1,000 or be imprisoned not more than one year, or both."

Section 14. Amend Chapter 63. Title 21 of the Delaware Code by striking Section 6304 in its entirety.

Section 15. if any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 16. This Act shall become effective upon its enactment into law; provided, however, that Sections 5 and 6 of this Act shall not apply to persons taking up residence in this State prior to the effective date of this Act.

Approved August 20, 1984.