CHAPTER 417

FORMERLY

HOUSE BILL NO. 200

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 43, TITLE 21 OF THE DELAWARE CODE RELATING TO WHEN LIGHTED LAMPS ARE REQUIRED.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §4331, Chapter 43, Title 21, Delaware Code by striking the words or rain" after the word "smoke" as it appears in said section and substituting in lieu thereof the following:

", rain or when windshield wipers are in use because of weather conditions".

Section 2. Amend §4331, Chapter 43, Title 21, Delaware Code by designating the existing paragraph as subsection "(a)".

Section 3. Amend §4331, Chapter 43, Title 21, Delaware Code by adding thereto the following:

"(b) the portion of subsection (a) of this section criminalizing the failure to display lighted lamps and illuminating devices when windshield wipers are in use because of weather conditions shall constitute a secondary offense in that no person shall be stopped by a police officer for that failure alone."

Approved July 14, 1994