CHAPTER 181

FORMERLY

SENATE BILL NO. 118

AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO VEHICLE SALES ACTIVITIES CONDUCTED ON RIGHTS-OF-WAY.

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 Chapter 5, Title 17, Delaware Code by adding a new section 528 to read as follows:

Ҥ528. Restrictions against vehicle sales activities on State rights-of-way.

(a) No vehicle shall be left unattended on a State right-of-way for the purpose of selling such vehicle.

(b) If a duly authorized employee of the Department of Transportation or a police officer shall determine that an unattended vehicle is on State right-of-way in violation of subsection (a) of this section, the vehicle may be removed from that location without prior notice to the registered owner of the vehicle, and taken to a private storage area maintained for the safe storage of vehicles, as prescribed by the towing and storage procedures in current use by the Delaware State Police or the Department of Transportation. Any costs of the removal and storage shall be borne by the registered owner of said vehicle, who shall be held prime facie responsible for the violation of this section.

(c) The registered owner of any vehicle towed from a State right-of-way pursuant to this section shall also be subject to the enforcement provisions of section 4181 of Title 21.

(d) This section shall not apply to vehicles left unattended on a State right-of-way due to the presence of a disabling condition, or otherwise legally parked on the right-of-way.”

Approved July 30, 2003