CHAPTER 447

FORMERLY

SENATE BILL NO. 307

AN ACT TO AMEND TITLE 21, CHAPTER 41 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.

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 Title 21, Chapter 41 of the Delaware Code by adding a new section §4176C to read as follows:

"§4176C. Operation of a motor vehicle during an emergency.

(a) No person shall operate a motor vehicle on a highway, express highway, roadway or private road as defined in §101 of this Title when a Level 3 Driving Ban or a Level 2 Driving Restriction has been activated during an emergency, unless the person is a first responder, essential personnel, or a waiver has been granted, pursuant 20 Del. C. §3116(b)(12).

(b) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense, the person shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both."

Approved July 27, 2010