CHAPTER 390

FORMERLY

SENATE BILL NO. 453

AN ACT TO AMEND CHAPTER 41, SUBCHAPTER I, TITLE 21 OF THE DELAWARE CODE RELATING TO OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS.

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

Section 1. Amend Chapter 41, Subchapter I, Title 21, §4101(a) of the

Delaware Code by redesignating paragraph (3) as paragraph (4).

Section 2. Amend Chapter 41, Subchapter I, Title 21, §4101(a) of the

Delaware Code by inserting a new paragraph (3) as follows:

"(3) That Subchapter VIII and §4164 of this chapter shall apply upon

highways and elsewhere throughout the State, except that Subchapter VIII and §4164 shall not apply upon any non-residential, commercial property. For the purposes of this paragraph 'elsewhere' shall mean only those areas regulated by traffic-control devices which have been reviewed and approved as acceptable for the area by the Delaware Department of Transportaion."

Section 3. Nothing in this Act shall be construed to direct on-duty police officers or police agencies to patrol in non-highway residential areas. This Act authorizes arrests only where the appropriate owner(s), residents(s) or resident associations(s) have a contract with one or more off-duty police officers, except that arraignments may be made with police agencies for developments during the first three years of their construction. The three year period shall begin the day the first building permit therefore is issued.

Section 4. This Act shall become effective January 1, 1993.

Approved July 16, 1992.