TITLE 21

Motor Vehicles

Operation and Equipment

CHAPTER 41. RULES OF THE ROAD

Subchapter XI. Miscellaneous Rules


No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.

21 Del. C. 1953, § 4180; 54 Del. Laws, c. 160, § 1; 63 Del. Laws, c. 214, § 1.;

(a) For purposes of this section, the term "vehicle being used by a person with a disability" means a vehicle:

(1) That displays a valid special license plate issued pursuant to § 2134 of this title on the rear of the vehicle, or that displays a valid parking placard issued pursuant to § 2135 of this title on the front windshield rearview mirror of the vehicle or, if there is no mirror, on the dashboard, or that displays a valid plate, placard or other item issued under a similar statute in another state or country; and

(2) In which the person for whom the plate or placard is issued is either the operator or a passenger or, in the case of an organization, in which a person who is entitled to obtain a permanent or temporary placard is a passenger.

(b) With the exception of a vehicle being used by a person with a disability, it is unlawful to park on public or private property any vehicle in any area under the control of the Department of Transportation or a local authority within its respective jurisdiction or under the control of an owner or lessee of private property that is designated as a parking space or zone for persons with disabilities which limit or impair the ability to walk and that is conspicuously marked as such. For purposes of this section, "conspicuously marked" means that a vertical sign has been placed at an approximate height of at least 5 feet but no more than 7 feet when measured from the surface directly below the sign to the top of the sign for each parking space or zone. The sign must substantially follow federal specifications that identify a parking zone or space as one for persons with disabilities which limit or impair the ability to walk. A sign at least 12 inches wide by 18 inches tall that includes the internationally recognized wheelchair symbol of access substantially follows federal specifications. These requirements may not be construed to preclude additional markings, such as the international wheelchair symbol or a striped extension area painted on the space or zone, or a tow-away warning sign.

(c) Upon the discovery on private property of a vehicle, other than a vehicle being used by a person with a disability, in a designated parking space or zone for persons with disabilities, the owner or lessee of the private property may cause the illegally parked vehicle to be removed to a private storage area maintained for the safe storage of vehicles. Any costs of removal and storage must be borne by the owner or operator of the vehicle. Upon the discovery of a vehicle illegally parked in a designated parking space or zone for persons with disabilities that is under the control of the Department of Transportation or local authorities, the State Police, county police or municipal police having jurisdiction may cause the illegally parked vehicle to be removed to a private storage area maintained for the safe storage of vehicles. Any costs of removal and storage must be borne by the owner or operator of the vehicle.

(d) In addition to unlawful parking on public or private property in a space or zone designated for a vehicle being used by a person with a disability, the following acts are prohibited on both public and private property and may be enforced pursuant to this section:

(1) Creating or using a counterfeit license plate or parking placard, as described in § 2134 or § 2135 of this title;

(2) Altering a license plate or parking placard issued pursuant to § 2134 or § 2135 of this title;

(3) Parking on a striped area within or adjacent to a space or zone designated for a vehicle being used by a person with a disability;

(4) Being the person or organization to whom a license plate or parking placard has been issued pursuant to § 2134 or § 2135 of this title, allowing another to use the plate or placard; or

(5) Parking a vehicle with a license plate or placard issued pursuant to § 2134 or § 2135 of this title in a space or zone defined in subsection (b) of this section unless a person on whose behalf a special license plate or placard has been issued is being transported.

(e) A uniform parking summons may be attached to an unattended vehicle found in violation of this section by a person authorized to issue a summons for a violation of this section. It is prima facie evidence that the person or organization in whose name the unattended vehicle is registered is responsible for the violation. The owner or operator of the unattended vehicle may mail or deliver the summons and the designated fine and costs directly to the court identified on the summons instead of appearing before the court for arraignment on the charge, provided that the owner or operator identifies himself, herself or itself and that the summons and fine and costs are received by the court at least 2 days before the arraignment date designated on the summons.

(f) A person or organization who violates any provision of this section shall receive a mandatory fine of $100 for a first offense, and for a subsequent like offense, a mandatory fine of $200 or a term of imprisonment of not less than 10 nor more than 30 days, or both. In addition, a person or organization who holds a valid special license plate or parking placard issued pursuant to § 2134 or § 2135 of this title and who violates paragraph (d)(1), (2), or (4) of this section may receive an additional penalty of up to a 6-month suspension or the permanent revocation of the plate or placard. If a plate is suspended or revoked pursuant to this subsection, the person may apply for and be issued a regular license plate.

(g) The Superintendent of the State Police is authorized to appoint State Police Academy cadets to enforce this section within the unincorporated areas of each county. Cadets appointed pursuant to this subsection must be at least 18 years of age. The Superintendent may establish other qualifications considered necessary or desirable.

(h) A summons issued by a cadet appointed by the Superintendent pursuant to subsection (f) of this section has the same force and effect as a summons issued by the State Police.

(i) Fines collected from summonses issued by the State Police or by cadets appointed pursuant to subsection (f) of this section must be deposited into the General Fund.

(j) The authority of the State Police or a cadet appointed by the Superintendent to enforce this section is not limited by any jurisdictional agreement between the State Police and any local law-enforcement agency.

21 Del. C. 1953, § 4180A; 55 Del. Laws, c. 398, § 2; 62 Del. Laws, c. 102, §§ 1-3; 63 Del. Laws, c. 214, § 1; 63 Del. Laws, c. 441, § 3; 64 Del. Laws, c. 203, § 1; 66 Del. Laws, c. 329, § 1; 67 Del. Laws, c. 162, § 1; 67 Del. Laws, c. 163, § 1; 68 Del. Laws, c. 287, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 287, § 1; 73 Del. Laws, c. 356, § 1; 73 Del. Laws, c. 397, § 3; 78 Del. Laws, c. 223, §§ 1, 2.;

The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

21 Del. C. 1953, § 4181; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 53.;

(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than 1 person in which event a passenger may ride upon the permanent and regular seat if designed for 2 persons or upon another seat firmly attached to the rear or side of the operator and said motorcycle shall be equipped with passenger footrests.

(b) Every person operating or riding on a motorcycle shall have in that person's possession a safety helmet approved by the Secretary of Safety and Homeland Security (hereinafter "Secretary") through the Office of Highway Safety and shall wear eye protection approved by the Secretary; provided, however, that every person up to 19 years of age operating or riding on a motorcycle shall wear a safety helmet and eye protection approved by the Secretary.

(c) The operator of a motorcycle shall keep at least 1 hand on a handgrip of the handlebars at all times when moving.

(d) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with 1 leg on each side of the motorcycle.

(e) No person shall operate a motorcycle while carrying any package, bundle or other article which prevents the person from keeping both hands on the handlebars.

(f) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

21 Del. C. 1953, § 4182; 56 Del. Laws, c. 333; 60 Del. Laws, c. 701, § 54; 61 Del. Laws, c. 314, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 90; 75 Del. Laws, c. 75, § 1.;

(a) No person shall drive a vehicle when it is so loaded or when there are in the front seat such a number of persons, exceeding 3, as to obstruct the view of the driver to the front or sides of the vehicles or as to interfere with the driver's control over the driving mechanism of the vehicle.

(b) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides or to interfere with the driver's control over the driving mechanism of the vehicle.

(c) Every person riding in a passenger car shall occupy a seating position designed and intended for that person's use.

21 Del. C. 1953, § 4183; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 55; 70 Del. Laws, c. 186, § 1.;

(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral.

(b) The driver of any motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.

21 Del. C. 1953, § 4184; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, § 56.;

(a) No driver of any vehicle, other than on official business, shall follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within 500 feet where fire apparatus has stopped in answer to a fire alarm. No person shall be deemed to have violated this subsection with regard to parking if the act of parking was done prior to the giving of alarm of such fire.

(b) No person shall drive any vehicle over any line of hose which has been laid for the purpose of extinguishing a fire without the consent of the fire department official in command.

(c) Whoever violates this section shall be fined not less than $28.75 nor more than $115.

21 Del. C. 1953, § 4185; 54 Del. Laws, c. 160, § 1; 56 Del. Laws, c. 75; 60 Del. Laws, c. 701, § 57; 68 Del. Laws, c. 9, § 35.;

(a) No person shall throw or deposit upon any highway or adjacent property any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway or adjacent property.

(b) Any person who drops, or permits to be dropped or thrown, upon any highway or adjacent property any destructive or injurious material shall immediately remove the same or cause it to be removed.

(c) No person shall throw or deposit any goods, merchandise, bundles or litter of any kind upon a highway.

(d) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

(e) No person shall leave, drop, throw away or otherwise dispose of trash of any description in quantity to exceed 5 pounds or 1 cubic foot upon or alongside any highway.

(f) If any person witnesses the violation of subsection (a), (b) or (c) of this section by a person in a vehicle, and the identity of the offender is not otherwise apparent, there shall be a rebuttable presumption that the registered owner if the driver's identity cannot be ascertained or the driver of the vehicle is responsible for such violation.

(g) Whoever violates this section shall be guilty of an unclassified misdemeanor, and shall be fined not less than $115 and up to 8 hours of community service for a first offense and not less than $125 nor more than $287.50 and up to 25 hours of community service for a second offense within 2 years. A violation of this section, whether a first, second, or subsequent offense, that takes place on or along a Delaware byway, as defined in § 101(a)(9) of Title 17, is subject to a mandatory penalty of $500, which must be imposed in addition to the fine.

(h) The rebuttable presumption set forth in subsection (f) of this section shall not apply to operators of buses carrying 9 or more persons. Whoever violates subsection (e) of this section shall be guilty of an unclassified misdemeanor, and shall be fined not less than $460 nor more than $690. For each subsequent offense occurring within 3 years of a former offense, the person shall be fined not less than $575 nor more than $1,150. The minimum fines for a violation of this section shall not be subject to suspension. A violation of this section, whether a first, second, or subsequent offense, that takes place on or along a Delaware byway, as defined in § 101(a)(9) of Title 17, is subject to a mandatory penalty of $500, which must be imposed in addition to the fine.

21 Del. C. 1953, § 4186; 54 Del. Laws, c. 160, § 1; 59 Del. Laws, c. 563, § 1; 62 Del. Laws, c. 375, §§ 1-4, 6; 68 Del. Laws, c. 9, §§ 36, 37; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 325, § 2; 77 Del. Laws, c. 60, § 16; 77 Del. Laws, c. 350, § 6.;

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

21 Del. C. 1953, § 4187; 54 Del. Laws, c. 160, § 1.;

(a) No vehicle shall be driven upon any highway drawing or having attached thereto more than 1 other vehicle, provided that a vehicle with semitrailer may draw in addition thereto 1 other vehicle, and provided further that driveway operations in transit may transport by means of saddlemount and fullmount mechanisms, utilizing the motive power of 1 of the vehicles in combination. This subsection shall not apply to farm tractors.

(b) The draw bar or other connection between any 2 vehicles 1 of which is towing or drawing the other on a highway shall not exceed 15 feet in length from 1 vehicle to the other. Whenever such connection consists of a chain, rope or cable, there shall be displayed upon such connection a red flag or other signal or cloth not less than 12 inches both in length and width.

(c) It shall be unlawful to ride in a towed vehicle except when necessary to steer the towed vehicle.

(d) This section shall not apply to:

(1) Vehicles in a parade when the vehicles are drawn or towed at a speed of less than 20 miles per hour;

(2) Trailers which have been designed or modified to carry passengers for sightseeing or public transportation purposes provided that such activity complies with the requirements of the Transportation Authority as provided in Chapter 18 of Title 2.

21 Del. C. 1953, § 4189; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 701, §§ 58, 59; 61 Del. Laws, c. 318, § 1; 62 Del. Laws, c. 53, § 1.;

(a) No person shall knowingly operate a motor vehicle or OHV on private real property or upon a private road or driveway without consent of the owner or lessee of the real property. There shall be a rebuttable presumption that a person has knowingly violated this subsection if the owner or lessee has placed, at or near the points of entry from public or private vehicular access, a gate, fence or similar obstruction or a readily visible sign that would reasonably convey that the unauthorized operation of motor vehicles on the private road or driveway is prohibited.

(b) Penalties:

(1) A person who violates subsection (a) of this section shall be subject to the following penalties:

a. A fine of not more than $100 for a first conviction.

b. A fine of not more than $1,000 plus suspension of operating privileges for a period of 6 months for a second or subsequent conviction of the offense. If a person is under 16 years of age at the time of the second or subsequent conviction of this offense, the period of suspension shall commence upon the person's sixteenth birthday.

(2) In addition, restitution shall be made for the value of damage to real or personal property which results from the violation of this section.

68 Del. Laws, c. 96, § 1.;