CHAPTER 236

FORMERLY

SENATE BILL NO. 224

AS AMENDED BY SENATE AMENDMENT NO.1

AN ACT TO AMEND CHAPTER 44, TITLE 21 OF THE DELAWARE CODE RELATING TO ABANDONED VEHICLES AND TO THE PROCEDURE FOR PROCESSING AND SELLING MOTOR VEHICLES WHICH ARE REMOVED FROM PUBLIC HIGHWAYS, DESIGNATING RESPONSIBILITY FOR THE SECTION TO ONE AGENCY, MODERNIZING THE LANGUAGE AND ADDING AUTHORITY FOR REMOVAL OF VEHICLES WHICH CREATE A SAFETY PROBLEM.

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

Section 1. Amend §4402(a), Chapter 44, Title 21 of the Delaware Code by deleting the words "Highways and Transportation" and substituting In lieu thereof "Public Safety" (hereinafter "Department") and by adding a new sentence at the end of said paragraph to read as follows:

The Department of Transportation shall have a limited role in causing vehicles to be removed from state or public highways, as stated herein."

Section 2. Amend §4402, Chapter 44, Title 21 of the Delaware Code by deleting from

subsections (b), (c), (d), (e), and (f) the words "storage area maintained by the State Highway Department", "storage area maintained by the Department of Highways and Transportation", and "storage area maintained by the Department" wherever such words appear therein and substitute In lieu thereof the words "storage area designated by the Department or the State Police".

Section 3. Amend §4402, Chapter 44, Title 21 of the Delaware Code by deleting from

subsecttons (b), (c), (d), (e), and (f) the words "State Highway Department and Department of Highways and Transportation" wherever else they shall therein and substitute in lieu thereof the words "Department or State Police".

Section 4. Amend §4403, Chapter 44, Title 21 of the Delaware Code by deleting the words "police or the Department of Highways or Transportation Authority" as they appear therein and substitute In lieu thereof the words "State Police, other police agencies, or the Department".

Section 5. Amend §4408, Chapter 44, Title 21 of the Delaware Code by deleting the words "Department of Highways and Transportation" as they appear therein and substituting In ileu thereof the words "Department, Department of Transportation, State Police or other legally authorized police agency".

Section 6. Amend §4410, Chapter 44, Title 21 of the Delaware Code by deleting the

phrase "State Highway Department" as it appears therein and substitute In lieu thereof the word "Department",

Section 7. Amend §4411, Chapter 44, Title 21 of the Delaware Code by deleting the words

"Department of Highways and Transportation" as they appear therein and substituting In lieu thereof the words "Department or State Police".

Section 8, Amend Chapter 44, Title 21 of the Delaware Code by adding a new §4416 which shall read as follows:

"§4416 Vehicles Left or Abandoned on Public Highways

Any other provision of this Chapter notwithstanding, In the event a motor vehicle Is left unattended within the right of way of a 'public highway' or state highway, or any state maintained street, road, or bridge and is determined to be a safety hazard within the discretion of the Department, the Department of Transportation, the State Police, or any authorized police agency, said vehicle shall be towed to a storage area designated by the Department and the provisions of this Chapter shall apply."

Approved April 15, 1988