TITLE 21

Motor Vehicles

Registration, Title and Licenses

CHAPTER 21. REGISTRATION OF VEHICLES

Subchapter III. Inspection of Vehicles


The Department shall provide and maintain 1 or more places in each county together with such facilities and such number of qualified inspectors as may be required for registration and inspection purposes.

36 Del. Laws, c. 10, § 24; Code 1935, § 5562; 43 Del. Laws, c. 244, § 13; 21 Del. C. 1953, § 2141.;

Inspection shall be for the purpose of determining whether a vehicle is in a safe and fit condition to be operated upon the highways of the State, and whether it is equipped in the manner provided by law.

36 Del. Laws, c. 10, § 24; Code 1935, § 5562; 43 Del. Laws, c. 244, § 13; 21 Del. C. 1953, § 2142.;

(a) Before the Department registers, renews the registration of or reregisters a motor vehicle required to be registered under this title, such vehicle shall first be inspected by the Department and determined to be safe and fit for operation and found equipped according to law. The Department may waive all inspection requirements with respect to the registration of new motor vehicles and the initial registration or renewal of vehicles no older than 5 model years. Upon application, subject to approval by the Secretary, the Department may assign to a motor vehicle dealer the authority to perform safety and vehicle identification number (VIN) inspections on motor vehicles, 5 model years old or newer, as such inspections relate to the motor vehicle's registration or reregistration, provided that the motor vehicle is owned by that motor vehicle dealer and such inspection occurs at a motor vehicle dealer facility.

(b) Upon application, subject to approval by the Secretary, the Department may waive such inspection requirements with respect to the renewal of registration of a vehicle registered in this State which is not in this State at the time the inspection is required, provided that an out of state inspection, certified on forms prescribed by the Secretary, is submitted to the Department. It shall be the duty of the owner of any vehicle so inspected to submit such vehicle for inspection by the Department within 10 days after the date the vehicle is returned to this State.

(c) Upon application, subject to the approval by the Secretary, the Department may waive such registration requirements with respect to new or used motor vehicles where a fleet account is involved. A fleet account shall consist of 15 or more vehicles. The inspection requirements may be waived provided there are adequate inspection and repair facilities at the fleet headquarters. Such fleet account waiver shall not apply to fleets of school buses which transport pupils of any public, parochial or private school of the State.

(d) The Department shall waive the requirement for inspection for those small trailers with a gross weight of vehicle and load of 4,000 pounds or less, which are not required to be equipped with brakes.

(e) The Department shall waive the requirement for inspection for fire trucks, fire engines, rescue trucks, ladder trucks, tank trucks, tank trailers and ambulances which are used by fire companies, and volunteer ambulance and rescue services in this State; provided, that at the time of the renewal of registrations for these vehicles, the principal officer of such company shall present a certification that each vehicle has been inspected by the officer or the officer's designee and that it is safe to operate on the streets and highways and equipped according to law. The waiver shall not apply to passenger cars owned or used by fire companies.

(f) The Department shall waive the requirement for inspection for all vehicles or motor vehicles registered under the International Registration Plan pursuant to Chapter 4 of this title. The Department may adopt rules and/or procedures to implement this subsection.

36 Del. Laws, c. 10, § 24; 37 Del. Laws, c. 10, § 7; Code 1935, § 5562; 43 Del. Laws, c. 244, § 13; 21 Del. C. 1953, § 2143; 53 Del. Laws, c. 6; 55 Del. Laws, c. 273; 56 Del. Laws, c. 392, § 1; 57 Del. Laws, c. 670, § 8A; 60 Del. Laws, c. 442, § 1; 64 Del. Laws, c. 260, § 1; 66 Del. Laws, c. 98, § 1; 70 Del. Laws, c. 28, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 18, § 4; 78 Del. Laws, c. 82, § 1; 79 Del. Laws, c. 252, § 1.;

(a) At any time and notwithstanding the possession of current registration plates, as provided by this title, the Secretary, or any authorized agent of the Department or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the Department. The notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and/or that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within 5 days thereafter.

(b) Every owner or driver upon receiving the notice prescribed in subsection (a) of this section shall comply therewith and shall, within the 5-day period, secure an endorsement upon such notice by an inspector of the Department that such vehicle is in safe condition and properly equipped and its equipment in proper repair and adjustment and shall then forward the notice to the Department. No person shall operate any such vehicle after receiving a notice with reference thereto as above provided, except as may be necessary to return such vehicle to the residence or the place of business of the owner or driver if within a distance of 20 miles or to a garage until the vehicle and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this title.

36 Del. Laws, c. 10, § 24; 40 Del. Laws, c. 38, § 9; Code 1935, § 5562; 43 Del. Laws, c. 244, § 13; 21 Del. C. 1953, § 2144; 57 Del. Laws, c. 670, § 8A; 67 Del. Laws, c. 95, § 1.;

All school buses which transport pupils of any public, parochial or private school of this State shall receive a special inspection twice yearly at such time and place as specified by Department regulations. At such inspection each school bus shall be inspected by the Department to determine if it is safe and fit for operation and properly equipped, and a special check shall be accomplished with respect to specific school bus safety features in accordance with the rules and regulations adopted by the Department.

21 Del. C. 1953, § 2145; 56 Del. Laws, c. 393, § 1.;

The Department shall adopt and enforce by July 1, 1969, such administrative rules and regulations as may be necessary to insure an even distribution of vehicular inspections at the inspection places in each county on a monthly basis.

21 Del. C. 1953, § 2146; 56 Del. Laws, c. 437, § 1.;

(a) Any motor vehicle that is more than 25 years old with a title brand of "reconstructed" that does not qualify to be registered as an antique motor vehicle under this chapter shall be exempt from emissions testing by the Division of Motor Vehicles. The vehicle must continue to meet and be inspected for safety and anti-tampering requirements for its model year.

(b) A vehicle exempt from emissions testing as set forth in subsection (a) of this section shall only be used for participation in club activities, exhibits, tours, parades, and similar uses, but in no event shall it be used for general transportation or 1,000 miles per year.

(c) Vehicles exempted under subsection (a) of this section shall provide a self-certification that the vehicle had not traveled in excess of the mileage allowed under subsection (b) of this section. If this certification is not submitted or the vehicle had traveled in excess of the mileage allowed, the vehicle will be deemed no longer eligible for the exemption.

79 Del. Laws, c. 242, § 1.;