CHAPTER 401

FORMERLY

SENATE BILL NO. 293

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COLLISIONS AND TRAFFIC MANAGEMENT.

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 Section 4201, Title 21, Delaware Code by substituting the word “collisions” for the word “accidents” appearing in the title of this section.

Section 2. Amend Section 4201(a), Title 21, Delaware Code by substituting the phrase “an accident” for the phrase “a collision,” and by substituting the word “collision” for the word “accident” appearing in the first sentence thereof, and by inserting the following after that sentence:

“Said stop should be made as close to the scene of the collision as possible without obstructing traffic more than necessary.”

Section 3. Amend Section 4201(a), Title 21, Delaware Code by substituting the word “collision” for the word “accident” appearing in the current second and current third sentences thereof, and by inserting the following after that current third sentence:

“If, after reasonably ascertaining that there are no injuries or deaths, and if the damaged vehicle is obstructing traffic, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic more than necessary.”

Section 4. Amend Section 4201(a), Title 21, Delaware Code by substituting the word “collision” for the word “accident” appearing in the current fourth sentence thereof, by substituting a comma “,” for the word “or” appearing therein, and by inserting the phrase “, or the environment” between the word “another” and the phrase “the driver” appearing therein.

Section 5. Amend Section 4202, Title 21, Delaware Code by substituting the word “collision” for the word “accident” appearing in the title of this section.

Section 6. Amend Section 4202(a), Title 21, Delaware Code by substituting the word “collision” for the word “accident” appearing in the first sentence thereof, and by inserting the following after that first sentence: “Said stop should be made as close to the scene of the collision as possible without obstructing traffic more than necessary.”

Section 7. Amend Section 4202(a), Title 21, Delaware Code by substituting the word “collision” for the word “accident” appearing in the second sentence thereof.

Section 8. Amend Section 4202(b), Title 21, Delaware Code by substituting the word “collision” for the word “accident” appearing therein.

Section 9. Amend Section 4202(c), Title 21, Delaware Code by substituting the phrase “a collision” for the phrase “an accident” appearing therein.

Section 10. Amend Section 4203, Title 21, Delaware Code by substituting the word “collisions” for the word “accidents” appearing in the title of this section.

Section 11. Amend Section 4203, Title 21, Delaware Code by substituting the word “collision” for the word “accident” appearing therein, and by substituting the word “collisions” for the word “accidents” as also appearing therein.

Section 12. Amend Section 4204, Title 21, Delaware Code by substituting the word “collisions” for the word “accidents” appearing in the title of this section.

Section 13. Amend Section 4204, Title 21, Delaware Code by substituting the word “collision” for the word “accident” appearing therein, and by substituting the word “collisions” for the word “accidents” as also appearing therein.

Section 14. Amend Section 4206, Title 21, Delaware Code by substituting the word “collision” for the word “accident” appearing in the title of this section.

Section 15. Amend Section 4206, Title 21, Delaware Code by substituting the phrase “a collision” for the phrase “an accident” appearing therein, and by substituting the word “collision” for the word “accident” as also appearing therein.

Section 16. Amend Section 6901(a)(2), Title 21, Delaware Code by substituting the phrase “a collision” for the phrase “an accident” appearing therein, and by inserting the following at the end of said subsection (a):

“There shall be no liability incurred by any police officer of this State or a county or municipality therein, or agents directed by them, whether or not they are also police officers, while in the performance of duty, for damages incurred to immobilized motor vehicle(s) moved under this subsection, or to the vehicle’s contents or surrounding area caused by the emergency measures employed by the officer or employee to move the vehicle(s) for the purpose of clearing the lane(s) to remove any threat to public safety, unless the circumstances meet the conditions for liability established in Section 4001 (2) or (3) of Title 10 of this Code, or Section 4011(c) of Title 10 of this Code.”

Approved July 21, 2008