CHAPTER 342

FORMERLY

HOUSE BILL NO. 622

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 41, TITLE 21 OF THE DELAWARE CODE RELATING TO MOVING VIOLATIONS COMMITTED IN CONSTRUCTION AND MAINTENANCE AREAS.

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

Section 1. Amend Section 4105, Title 21, Delaware Code by adding a new subsection (f), to read as follows:

"(f) The driver of a vehicle who violates any of the following sections of this title shall be fined not less than double the enumerated amount for a first offense when the violations occurs within any highway construction or maintenance area indicated by traffic-control devices:

§4102 relating to obedience to traffic laws;

§4103 relating to obedience to authorized persons directing traffic; §4107 relating to obedience to traffic control devices;

§4110 relating to flashing signals;

§4114 relating to driving on the right side of roadway;

§4115 relating to passing vehicles proceeding in opposite directions; §4116 relating to overtaking a vehicle on left;

§4117 relating to when overtaking on the right is permitted; §4118 relating to limitations on overtaking on the left;

§4119 relating to further limitations on driving to the left of center of roadway;

§4120 relating to no-passing zones;

§4122 relating to driving on roadways laned for traffic;

§4123 relating to following too closely; §4164 relating to stop signs and yield signs; §4168 relating to general speed restrictions; §4169 relating to specific speed limits; §4175 relating to reckless driving;

§4176 relating to careless or inattentive driving;

§4177 relating to operation of vehicle while under the influence of alcohol and/or drugs;

§4178 relating to stopping, standing or parking; and §4184 relating to, limitations on backing.

As used in this subsection, the phrase 'within any highway construction or maintenance area indicated by traffic-control devices' shall mean that area between the first traffic control device informing road users of their approach toward a work zone area until the last traffic control device indicating all restrictions are removed and normal vehicle operations can resume. The phrase shall also include detour routes for highway construction or maintenance marked by traffic control devices. 'Traffic control devices' and 'work zone' shall have the same meaning as adopted pursuant to 17 Del C. Section 147, as amended. "Highway construction and maintenance area" shall also include construction and maintenance for utilities or railroads within or adjacent to the highway rights of way. Whenever practical, signs designed in compliance with regulations of the Department shall be appropriately placed to notify motorists that increased penalties apply for moving violations in construction or maintenance areas. However, the failure to post or an improper posting of such signs shall not be a defense to a violation of this section."

Approved July 13, 1990.