TITLE 21

Motor Vehicles

General Provisions

CHAPTER 4. Reciprocal Agreements

Subchapter I. General Provisions

§ 401. Power of Secretary to make agreements with other states; general character; conditions.

(a) The Secretary of Transportation may enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to vehicles or to owners of vehicles which are properly registered or licensed in such jurisdiction and for which evidence of compliance is supplied benefits, privileges and exemptions from the payment, wholly or partially, of any taxes, fees or other charges imposed upon such vehicles or owners with respect to the operation or ownership of such vehicles under the laws of this State. Such an agreement or arrangement shall provide that vehicles properly registered or licensed in this State when operated upon highways of such other jurisdiction shall receive exemptions, benefits and privileges of a similar kind or to a similar degree as are extended to vehicles properly registered or licensed in such jurisdiction when operated in this State. Each such agreement or arrangement shall, in the judgment of the Secretary of Transportation, be in the best interest of this State and the citizens thereof and shall be fair and equitable to this State and the citizens thereof and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this State from the uninterrupted flow of commerce.

(b) The Secretary of Transportation may enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to licensed drivers who are properly licensed in such jurisdictions and for which evidence of compliance is supplied benefits, privileges and exemptions of a similar kind or to a similar degree as are extended to drivers properly licensed in this State.

Each such agreement or arrangement shall, in the judgment of the Secretary of Transportation, be in the best interest of this State and the citizens thereof and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this State from the uninterrupted flow of commerce.

21 Del. C. 1953, §  402;  49 Del. Laws, c. 42454 Del. Laws, c. 27457 Del. Laws, c. 670, §  23B60 Del. Laws, c. 451, §§  1, 274 Del. Laws, c. 110, §§  30, 31

§ 402. Equalizing fee on vehicles registered to nonresidents.

(a) Except as otherwise provided by reciprocity agreement or other arrangement entered into by the Secretary or by a declaration issued by the Secretary, no motor vehicle or trailer or semitrailer registered in another jurisdiction which requires the payment of a registration fee or fees or taxes of any other nature from an owner of a similar vehicle properly registered in this State for the operation of such vehicle on the highways of such other State shall be operated on the highways of this State unless a fee is paid to the Department, equal in amount to the fee or tax collected by the authorized official or public agency of such other jurisdiction for the operation on its highways of the motor vehicle, trailer or semitrailer properly registered in this State. In the event that the fee or tax collected by such other jurisdiction is imposed for the registration of the vehicle therein, then in no case shall the fee paid to the Department be less than the amount now or hereafter provided for by the laws of this State for the registration of a similar vehicle.

(b) The Secretary shall from time to time promulgate such regulations as may be necessary for the effective enforcement of this section.

21 Del. C. 1953, §  403;  49 Del. Laws, c. 42454 Del. Laws, c. 27457 Del. Laws, c. 670, §§  23B, 23C64 Del. Laws, c. 339, §  270 Del. Laws, c. 186, §  1

§ 403. Base state registration reciprocity.

An agreement or arrangement entered into or a declaration issued under the authority of § 401 of this title may authorize the registration or licensing in another jurisdiction of vehicles located in or operated from a base in such other jurisdiction which vehicles otherwise would be required to be registered or licensed in this State, and in such event the exemptions, benefits and privileges extended by such agreement, arrangement or declaration shall apply to such vehicles, when properly licensed or registered in such base jurisdiction.

21 Del. C. 1953, §  404;  49 Del. Laws, c. 42454 Del. Laws, c. 274.

§ 404. Declarations of extent of reciprocity; when.

In the absence of an agreement or arrangement with another jurisdiction, the Secretary of Transportation may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits and privileges to be extended to vehicles properly registered or licensed or licensed drivers in such other jurisdiction, or to the owners of such vehicles, which shall, in the judgment of the Secretary of Transportation, be in the best interest of this State and the citizens thereof and which shall be fair and equitable to this State and the citizens thereof, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this State from the uninterrupted flow of commerce.

21 Del. C. 1953, §  405;  49 Del. Laws, c. 42454 Del. Laws, c. 27457 Del. Laws, c. 670, §§  23A, 23D60 Del. Laws, c. 451, §  374 Del. Laws, c. 110, §  32

§ 405. Extension of reciprocal privileges to lessees authorized.

An agreement or arrangement entered into or a declaration issued under the authority of § 401 of this title may contain provisions under which a leased vehicle properly registered by the lessor thereof may be entitled, subject to terms and conditions stated therein, to the exemptions, benefits and privileges extended by such agreement, arrangement or declaration.

21 Del. C. 1953, §  406;  54 Del. Laws, c. 274.

§ 406. Automatic reciprocity; when.

If no agreement, arrangement or declaration is in effect with respect to another jurisdiction as authorized by § 401 of this title, any vehicle properly registered or licensed in such other jurisdiction, and for which evidence of compliance is supplied, shall receive, when operated in this State, the same exemptions, benefits and privileges granted by such other jurisdiction to vehicles properly registered in this State. Reciprocity extended under this section shall apply to commercial vehicles only when engaged exclusively in interstate operations.

21 Del. C. 1953, §  407;  54 Del. Laws, c. 274.

§ 407. Suspension of reciprocity benefits.

Agreements, arrangements or declarations made under the authority of § 401 of this title may include provisions authorizing the Secretary of Transportation to suspend or cancel the exemptions, benefits or privileges granted thereunder to a vehicle or a driver which is in violation of any of the conditions or terms of such agreements, arrangements or declarations.

21 Del. C. 1953, §  408;  54 Del. Laws, c. 27457 Del. Laws, c. 670, §  23D60 Del. Laws, c. 451, §  474 Del. Laws, c. 110, §  33

§ 408. Agreements to be written, filed and available for distribution.

All agreements, arrangements or declarations or amendments thereto shall be in writing and shall be filed in the office of the Secretary of Transportation. Copies thereof shall be made available by the Secretary of Transportation upon request and upon payment of a fee therefor in an amount necessary to defray the costs of reproduction thereof.

21 Del. C. 1953, §  409;  54 Del. Laws, c. 27457 Del. Laws, c. 670, §  23E74 Del. Laws, c. 110, §  34

§ 409. Reciprocity agreements in effect on May 5, 1964.

All reciprocity registration or driver agreements, arrangements and declarations relating to vehicles or drivers in force and effect on May 5, 1964, shall continue in force and effect until specifically amended or revoked as provided by law or by such agreements or arrangements.

21 Del. C. 1953, §  410;  54 Del. Laws, c. 27460 Del. Laws, c. 451, §§  5, 6

§ 410. Protection of State’s income.

The Secretary of Transportation shall enter into no agreement, etc., that shall result in a serious or appreciable reduction of income to the State.

21 Del. C. 1953, §  411;  54 Del. Laws, c. 27457 Del. Laws, c. 670, §  23D74 Del. Laws, c. 110, §  35