CHAPTER 155

FORMERLY

HOUSE BILL NO. 245

AS AMENDED BY HOUSE AMENDMENT NOS. 2 AND 3

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §2118(n)(1), Chapter 21, Title 21 of the Delaware Code by inserting the following phrase at the beginning of paragraph: "Except as provided In subsection (p),".

Section 2. Amend §2118(p), Chapter 21, Title 21 of the Delaware Code by inserting the following language immediately after "involved in an accident with the insured" as it currently appears in said subsection:

If the operator of a motor vehicle is unable to produce an insurance identification card or other sufficient proof of insurance upon request of a police officer, justice of the peace or anyone involved in an accident with the operator, the operator shall be issued a summons to appear in court with the vehicle's license plate. If the operator is convicted under this subsection, and has not provided sufficient proof of insurance in effect as of the date of conviction, the court shall, in addition to any other penalties imposed, take custody of the vehicle's license plate, which shall be delivered to the Department of Motor Vehicles. The Department of Motor Vehicles shall promptly suspend the vehicle's registration, pursuant to the provisions of subsection (m) of this Section."

Section 4. This act shall become effective six months after enactment.

Section 5. In the event that any provision hereof shall be held to be invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision hereof. Any provision hereof which is held to be invalid or unenforceable only in part or degree or under specific facts shall remain in full force and effect to the extent, and with respect to facts in connection with which, it has not been held to be invalid or unenforceable.

Approved July 14, 1993.