(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and without having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway, in compliance with legal requirements and the duty of all persons to use due care.

(b) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an appropriate speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

21 Del. C. 1953, §  4168;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  43; 

(a) Where no special hazard exists, the following speeds shall be lawful, but any speed in excess of such limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful [for] all types of vehicles:

(1) 25 miles per hour in any business district;

(2) 25 miles per hour in any residential district;

(3) 20 miles per hour at all school zones where 20 mph regulatory signs are posted and state the time periods or conditions during which the speed limit is in effect; such conditions may include when children are present or while 1 or more warning lights flash;

(4) 50 miles per hour on 2-lane roadways;

(5) 55 miles per hour on 4-lane roadways and on divided roadways.

(b) Whenever the Department of Transportation shall determine, on the basis of engineering studies and traffic investigations or upon the basis of a federal law or directive by the Congress or the President, that a maximum speed limit set pursuant to subsection (a) of this section in any particular place on the state maintained highway system is greater or less than is reasonable or safe, the Department shall declare a reasonable and safe maximum limit thereat, which limit shall be effective when posted. Such maximum limit may be declared to be effective either part or all of the time and differing limits may be established for different times of the day, for different types of vehicles, for different weather conditions and when other significant factors differ. Such maximum limits may be posted on fixed or variable signs. Any speed in excess of such displayed limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful.

(c) Penalties for violation of this section are as follows:

(1) Whoever violates this section shall for the first offense be fined $20. For each subsequent offense, the person shall be fined $25. A subsequent violation, before being punishable as such, shall have been committed within 24 months after the commission of the prior offense.

(2) Any person violating this section who exceeds the maximum speed limit by more than 5 miles per hour but less than 16 miles per hour shall pay an additional fine of $1.00 per mile, if such violation is a first offense, or $2.00 per mile, if such violation is a subsequent offense, for each mile in excess of the maximum speed limit.

(3) Any person violating this section who exceeds the maximum speed limit by more than 15 miles per hour but less than 20 miles per hour shall pay an additional fine of $2.00 per mile, if such violation is a first offense, or $3.00 per mile, if such violation is a subsequent offense, for each mile in excess of the maximum speed limit.

(4) Any person violating this section who exceeds the maximum speed limit by more than 19 miles per hour shall pay an additional fine of $3.00 per mile, if such violation is a first offense, or $4.00 per mile, if such violation is a second offense, for each mile in excess of the maximum speed limit.

(d) The Department of Transportation shall designate a maximum speed limit of 65 miles per hour for all portions of Delaware State Route 1 located between the Red Lion Creek and the Appoquinimink River, except for the delineated nonhighway speed toll plaza area. Such maximum limits may be posted on fixed or variable signs. Any speed in excess of such displayed limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful.

21 Del. C. 1953, §  4169;  54 Del. Laws, c. 160, §  1;  55 Del. Laws, c. 362, §§  1, 2;  56 Del. Laws, c. 172;  56 Del. Laws, c. 302;  57 Del. Laws, c. 670, §§  13A, 13C;  60 Del. Laws, c. 700, §  7;  61 Del. Laws, c. 458, §  1;  65 Del. Laws, c. 503, §  18;  66 Del. Laws, c. 333, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 403, §  1;  75 Del. Laws, c. 323, §  1;  77 Del. Laws, c. 411, §  2;  78 Del. Laws, c. 208, §  7;  80 Del. Laws, c. 134, §  1; 

(a) Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the absolute speed permitted under this chapter is greater than is reasonable or safe under the conditions found to exist, such local authority, subject to subsection (c) of this section, shall determine and declare a reasonable and safe absolute speed limit, which shall be effective when appropriate signs giving notice thereof are erected.

(b) Local authorities in their respective jurisdictions may at their discretion, but subject to subsection (c) of this section, authorize by ordinance higher absolute speeds than those stated in this chapter upon through highways or upon highways or portions thereof where there are no intersections or between widely spaced intersections provided signs are erected giving notice of the authorized speed, but local authorities shall not modify or alter the basic rule set forth in § 4168(a) of this title.

(c) Alteration of absolute limits on state-maintained highways in any municipality by local authorities shall not be effective until such alteration has been approved by the Department of Transportation.

21 Del. C. 1953, §  4170;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  74 Del. Laws, c. 110, §  138;  79 Del. Laws, c. 224, §  1; 

(a) Purpose and administration. —

(1) This section establishes an electronic speed monitoring system to assist the State, counties and municipalities in the enforcement of speed limits under § 4169 and § 4170 of this title.

(2) The Department of Transportation, or the governing body of New Castle County or any municipality, may provide by regulation or ordinance, for the establishment of a program imposing monetary liability on the owner of a motor vehicle for failure to comply with designated posted speeds, as monitored by an electronic speed monitoring system in accordance with this section.

(3) This section does not apply to any authorized emergency vehicles being operated in compliance with § 4106 of this title.

(b) Definitions. —

For purposes of this section:

(1) “Business district” means as defined in § 101 of this title.

(2) “Electronic speed monitoring system” means a device with 1 or more motor vehicle sensors that can produce a recorded image of a motor vehicle whose speed exceeds the posted speed limit.

(3) “Electronic speed monitoring system operator” means an individual who has been trained and certified to operate an electronic speed monitoring system.

(4) “Owner” means the registered owner of the vehicle on record with this or any other state provided, however, that in the event that the owner is a vehicle leasing company the “owner,” for purposes of this section, shall mean the person shown on the records to be the lessee of the vehicle. Vehicle rental companies are excluded from the definition of “owner.”

(5) “Recorded image” means an image recorded by an electronic speed monitoring system and includes any of the following:

a. A photograph.

b. A microphotograph.

c. A digital image.

d. A video.

e. Any other medium used to store images or sounds.

(6) “Residence district” means as defined in § 101 of this title.

(7) “Work zone” means any area of roadway designated as a work zone by the Department of Transportation and in accordance with § 4105 (f)(2) of this title.

(c) Conditions for installation and operation of electronic speed monitoring system. —

(1) The Department of Transportation may approve the installation and use of an electronic speed monitoring system to be installed and used to record images of a motor vehicle travelling in a work zone, or in a residence district in either New Castle County or a municipality, if all of the following conditions are met:

a. If in a residence district, unless in a designated work zone, a study, which is no more than 1 year old and approved by the Department of Transportation, documents that the eighty-fifth percentile speed on the road is 5 miles per hour or greater than the posted speed limit.

b. If in a residence district the police agency with jurisdiction over the road has agreed to participate in the use of the system.

c. If the road is within the boundaries of a municipality the municipality must approve the road and extent of the road eligible for electronic speed monitoring.

d. The police agency, with jurisdiction over the road, must notify the Department of Transportation of the intent to use the electronic speed monitoring system at least 30 days in advance of implementation.

e. The Department of Transportation and police agency with jurisdiction must provide notice on their publicly-accessible web sites of the intended use of the electronic speed monitoring system at least 14 days prior to its implementation.

f. At least 1 sign must be installed advising motorists that the electronic speed monitoring system is in use.

(2) Once a road is approved for an electronic speed monitoring system the use of an electronic speed monitoring system will be at the discretion of the police agency with jurisdiction over the residence district or work zone where the system will be implemented. The police agency may consider crash data in prioritizing locations where the system is to be implemented.

(3) The Delaware State Police shall have enforcement authority over the electronic speed monitoring system in all work zones.

(4) The Department of Transportation shall develop guidelines related to the safe positioning of portable and permanent electronic speed monitoring equipment within the road right-of-way.

(d) System vendor, calibration and operator. —

(1) System vendor. —

The Department of Transportation shall select the system vendor to provide electronic speed monitoring systems for the State, counties and municipalities. The system vendor must be selected through an open competitive procurement process. To ensure integrity in the selection process a person involved in the administration or enforcement of the electronic speed monitoring system may not own any direct interest or equity in any selected vendor.

(2) System calibration. —

Every electronic speed monitoring system in use on the roads in this State must undergo an annual calibration check to be performed by an independent calibration laboratory.

a. The independent calibration laboratory must issue a signed certificate of calibration after the annual calibration check which:

1. Must be kept on file by the police agency within the jurisdiction where the electronic speed monitoring system is located; and

2. May be entered into evidence in any court proceeding for a violation of this section.

(3) System operator. —

Every electronic speed monitoring system operator must complete training by the manufacturer of the electronic speed monitoring system in the procedures for setting up, testing, and operating the electronic speed monitoring system.

a. On completion of the training, the manufacturer must issue a signed certificate to the electronic speed monitoring system operator.

b. The certificate of training may be entered into evidence in any court proceeding for a violation of this section.

c. An electronic speed monitoring system operator must fill out and sign a daily set-up log for the electronic speed monitoring system which:

1. States the date and time when the system was set up.

2. States that the operator successfully performed, and the device passed, the manufacturer’s specified self-test of the system before producing a recorded image.

3. Must be kept on file by the police agency within the jurisdiction where the electronic speed monitoring system is located.

4. May be entered into evidence in any court proceeding for a violation of this section.

(e) Violation and proof of violation. —

(1) For a violation to occur, a motor vehicle must exceed the posted speed limit by 11 miles per hour or more in the residence district or work zone.

(2) Proof of a violation of this section may be evidenced by information obtained from an electronic speed monitoring system approved under this section. A certificate, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by an electronic speed monitoring system shall constitute prima facie evidence of the facts contained therein, if the certificate, or facsimile thereof, is sworn to or affirmed by an operator or a technician employed by a state agency or entity designated by a state agency for the purpose of carrying out this subsection. Any photographs, microphotographs, videotape or other recoded images evidencing a violation shall be made available for inspection in any proceeding to adjudicate liability for violation of this section.

(f) Notice of violation, procedure to contest violation, and orders subject to appeal. —

(1) Any resident or nonresident owner or operator of any motor vehicle driven on the public streets, roads, turnpikes or highways of this State will be deemed to have submitted to the jurisdiction of the courts in this State for purposes of this section. Notwithstanding any other provision of the Code, a summons for a violation of this section may be executed by mailing to any resident or nonresident, by first-class mail, a copy thereof to the address of the owner of the vehicle as shown in the records of the Division of Motor Vehicles of this or any other state. Collection actions, including default judgment and execution, may proceed based upon jurisdiction obtained through the mailing, by first-class mail, of a summons and subsequent court notices pursuant to this subsection. Every initial mailing shall include the following:

a. Name and address of the owner of the vehicle.

b. Registration number of the motor vehicle involved in the violation.

c. Violation charges.

d. Location where the violation occurred.

e. Date and time of the violation.

f. Copies of 2 or more photographs, microphotographs, or other recoded images, taken as proof of the violation.

g. Amount of the civil penalty imposed and the date by which the civil penalty should be paid.

h. The length of time and location for contesting liability and notice that the failure to pay the civil penalty or to contest liability, in a timely manner, is an admission of liability and may result in a judgment being entered against the summonsed person and the denial of the registration or renewal of registration of any of the owner’s vehicles.

i. The ability to rebut the presumption under this section that the summonsed person was the operator of the vehicle at the time of the violation and the manner of rebutting said presumption.

(2) A person receiving the summons pursuant to this subsection may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the date of the summons. Upon receipt of a timely request for a hearing, a civil hearing shall be scheduled, and the defendant notified of the hearing date by first-class mail. A civil hearing shall be held by the Justice of the Peace Court or other court with competent jurisdiction as designated by the Department of Safety and Homeland Security or county or municipality in which the speed camera was located. There shall be no right of transfer to the Court of Common Pleas.

(3) Any person found, by the court, to be responsible for a speeding violation, under this subsection, shall have a right of appeal only in those cases in which the civil penalty exceeds $100, upon giving bond with surety satisfactory to the judge before whom such person was found responsible, such appeal to be taken and bond given within 15 days from the court’s order. Such appeal shall operate as a stay or supersedeas of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of the appellant’s right to a writ of certiorari in the Superior Court.

(g) Civil penalties. —

(1) The owner or operator of a vehicle who has failed to comply with the posted speed limit, as evidenced by information obtained from an electronic speed monitoring system, shall be subject to a civil penalty consistent with those established under § 4169(c) of this title. Assessments defined under § 4105 of this title, §§ 4101 and 9016 of Title 11 and § 8505 of Title 10, shall only be assessed for violations occurring in a “work zone” as defined in subsection (b) of this section.

(2) Court costs, or similar administrative fees, not to exceed $35, may be imposed against an owner or operator of a motor vehicle who requests a hearing to contest a violation and is either found at fault or admits to fault at the hearing. No costs may be assessed against a prevailing party.

(3) No additional assessments or court costs, other than those specified in this subsection, shall be assessed or collected against the owner or operator of a vehicle who has violated this section.

(4) Persons electing to pay by voluntary assessment shall make payments to the entity designated on the summons for payment. Such entity may be the Department of Safety and Homeland Security, or the city or county in which the speed camera was located. Procedures for payment under this subsection shall be as provided by court rule or policy directive of the Justice of the Peace Court, or by regulation of the Department of Safety and Homeland Security, or by regulation, code, or ordinance of the applicable city or county, and shall be in lieu of the procedures set forth in § 709 of this title.

(5) A violation for which a civil penalty is imposed under this section is not a criminal offense and is not to be made a part of the operating record of the person upon whom such liability is imposed.

(6) A violation for which a civil penalty is imposed under this section shall not be used for insurance purposes in the provision of motor vehicle insurance.

(h) Presumption of ownership. —

(1) The owner of any vehicle found to be in violation of this section shall be held prima facie responsible for such violation in the same manner as under § 7003 of this title unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person. Such presumption may be rebutted if the owner:

a. Provides an affidavit, by regular mail, to the entity indicated on the summons that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person or company who leased, rented, or otherwise had care, custody or control of the vehicle, or attaches a certified copy of a police report showing that the vehicle or license plate or plates thereof had been reported to the police as stolen prior to the alleged violation of this section; or

b. Provides proof in court or to the entity handling the administrative appeal process that the owner was not the operator of the vehicle at the time of the alleged violation and identifies the operator at the time of the violation. If the owner granted multiple persons permission to use the vehicle and is unable to identify the person who was operating the vehicle at the time of the violation, the owner will remain liable for the violation.

(2) A summons may be issued to any person identified by affidavit or evidence in court as the actual operator of the vehicle alleged to have violated the speed limit. There shall be a presumption that the person so identified was the operator; this presumption may be rebutted as described under this subsection.

(3) Notwithstanding any other provision in this section, if the motor vehicle which is documented by the electronic speed monitoring system in violation of subsection (e) of this section is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time, and location of the violation with 2 photographs thereof. Within 10 days of the receipt of said notice, the owner of the vehicle shall provide the law-enforcement agency which has issued the summons with the name and address of the driver of the vehicle at the date, time, and location of the violation and, within the same time period, shall provide the driver of the vehicle with the photographs of the violation. After receipt by the law-enforcement agency which has issued the summons of the name and address of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in the same manner as provided for under § 7003 of this title and shall be subject to the provisions of this section. Failure of the owner of the vehicle found to be in violation of this section to provide the name and address of the driver, within the prescribed time period, shall cause the owner to be held responsible as set forth in this subsection.

(i) Failure to pay civil penalty. —

(1) If the owner or operator identified by the owner fails to pay the civil penalty by voluntary assessment, request a hearing within the required time or submit an affidavit stating that the owner or operator identified was not the driver, the Division of Motor Vehicles shall refuse to renew the registration of the owner’s vehicle operated at the time the summons was issued. If the owner or operator identified by the owner is found responsible at a hearing and fails to pay the fine as ordered by the court, or requests a hearing and fails to appear, the Division of Motor Vehicles shall suspend the license of the owner or operator.

(2) Upon receiving a record of failure to comply, a court clerk may enter a civil traffic judgement against the owner or operator in the amount of the civil penalty, costs, and any applicable additional assessment, giving credit for any amount paid. Such judgement may, upon motion, be transferred by the court to the civil docket. Any judgement so transferred may be executed and enforced or transferred in the same manner as other judgements of the court and the Division of Public Safety, or its designee, shall have authority to seek such execution, enforcement or transfer.

(j) Funding sources and use of revenue. —

(1) The Department of Transportation, New Castle County, and any municipality, may contract with the approved system vendor for carrying out any tasks related to the use of an electronic speed monitoring system by using any eligible funding source.

(2) Revenue generated through the use of electronic speed monitoring systems may be used to pay costs of the system vendor, staff required to implement this section, and any consultant fees for administration of the electronic speed monitoring system.

(3) Any revenue collected above what is required for the operation of the electronic speed monitoring system, as set forth in this subsection, shall be managed by the Office of Highway Safety and may be used only for transportation safety purposes under any of the following categories:

a. Education.

b. Enforcement.

c. Engineering.

d. Administrative expenses.

(k) Annual report. —

(1) The Department of Transportation shall be responsible for preparing an annual report on the electronic speed monitoring system as implemented statewide. The report shall include all of the following:

a. Where and when the system was used.

b. Citation data.

c. Crash data.

d. Readily-available speed data.

e. Financial data including expenditures and revenues.

(2) Police agencies shall cooperate with the Department of Transportation regarding the collection of data necessary to prepare the annual report. In the event a police agency does not provide requested information, in a timely manner, to the Department of Transportation, the police agency will no longer be eligible for use of the electronic speed monitoring system.

84 Del. Laws, c. 74, § 1; 

(a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

(b) A minimum speed limit, below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law, may be displayed on appropriate traffic-control devices.

21 Del. C. 1953, §  4171;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  60 Del. Laws, c. 700, §  8;  60 Del. Laws, c. 701, §  44; 

(a) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration and no person shall aid, abet, promote, assist or in any manner participate in any such race, competition, contest, test or exhibition.

(b) No person shall accelerate or try to accelerate a vehicle, or any of its tires, regardless of whether the vehicle is stationary or in motion, at a rate which causes the drive wheels to spin or slip on the road surface, to produce smoke from tire slippage, or to leave visible tire acceleration marks on a highway, ground, or other surface. This subsection shall not apply during periods of inclement weather, unless such conduct is done in wilful or wanton disregard for the safety of persons or property.

(c) No owner or person in charge of a vehicle shall permit that vehicle or any vehicle under the person’s control to be used by another person for any of the purposes listed in subsection (a) or (b) of this section. If any vehicle is used in violation of this section and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held prima facie responsible for such violation.

(d) (1) A violation of this section is an unclassified misdemeanor for the first offense. For a first offense, any sentence shall also include 16 hours of community service either as a condition of probation or pursuant to § 4202(m) of Title 11.A subsequent like offense is a class A misdemeanor. For a subsequent offense, any sentence shall also include 40 hours of community service either as a condition of probation or pursuant to § 4202(m) of Title 11. Any fine imposed may not be suspended. Upon receiving notice of a conviction for a first offense, the Secretary shall forthwith suspend the driver’s license of the person convicted, for a period of 6 months. Upon receiving notice of a conviction of a subsequent like offense, the Secretary shall suspend the driver’s license for a 1-year period. Notwithstanding the foregoing, there shall not be a suspension of driver’s license upon conviction for a first offense under subsection (b) of this section.

(2) a. Whenever a person is arrested or issued a citation for a violation of this section, the issuing or arresting law-enforcement agency shall impound the vehicle used in the offense. A law-enforcement officer may elect not to impound the vehicle, if there is an emergency or medical necessity jeopardizing life or limb, or if the law-enforcement officer is presented with exigent circumstances, including resource constraints.

b. A vehicle impounded pursuant to this section shall be impounded for a period of 72 hours after the time of arrest or citation, or until such later time as the person claiming the vehicle meets the conditions for release listed in paragraph (d)(2)d. of this section. This section does not otherwise limit any other provisions of the Code that govern the lawful seizure of vehicles or evidence.

c. A vehicle impounded pursuant to this section may be released to a person other than the arrestee prior to the end of the impoundment period only under 1 of the following conditions:

1. The arrestee does not own and has not leased the vehicle, and the person who owns or leases the vehicle claims the vehicle and meets the conditions of release set forth in paragraph (d)(2)d. of this section.

2. The vehicle is owned or leased by the arrestee and the arrestee gives permission to another person, who has provided written acknowledgment that he/she is responsible for not allowing the arrestee to drive the motor vehicle during the balance of the impoundment period, and the conditions for release in paragraph (d)(2)d. of this section are met. Should another person obtain the early release of an impounded vehicle under this paragraph and the arrestee thereafter drives, operates, or is in actual physical control of the vehicle during the balance of the 72-hour period of impoundment, the person that obtained the early release of the vehicle shall be guilty of a violation and subject to a $200 fine, which shall not be suspended. In any such prosecution under this paragraph, the State does not need to present a copy of the written acknowledgement.

d. A vehicle impounded pursuant to this section shall not be released unless all of the following conditions are met:

1. The claimant presents a valid driver’s license or other photo identification, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle. If the vehicle will be driven out of impoundment, the claimant must have a valid driver’s license or be accompanied by a person with a valid driver’s license. If the vehicle is an ATV or OHV, proof of insurance is not necessary.

2. The claimant is able to operate the vehicle in a safe manner and would not be in violation of § 4177(a) of this title.

3. Any other conditions for release established by the law-enforcement agency have been met.

4. All reasonable towing and storage fees connected to the vehicle have been paid. The State and the arresting law-enforcement agency shall not be liable for any expenses incurred in connection with the towing and storage of said vehicle.

(e) (1) This section applies on highways and elsewhere throughout the State including all of the following:

a. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public.

b. On the premises of any industrial establishment providing parking space for customers, patrons, or employees.

c. On any highway under construction or not yet open to the public.

(2) This section does not apply on any raceway, drag strip, or other place customarily and lawfully used for speed exhibitions or contests, or any nonresidential commercial, industrial, or other property where the participants have received express permission from the owner or the owner’s agent.

(3) For the purpose of this section, the term “vehicle” includes “all terrain vehicle,” “ATV,” “Off-highway vehicle,” and “OHV” as those terms are defined in § 101 of this title.

(4) For purposes of this section, a “subsequent offense” means a new violation of either subsection (a) or (b) of this section occurring within 5 years of the date of any former offense under this section.

(f) (1) If a person is found in violation of this section and the vehicle used in the violation is registered to that person or where the registrant permits the use of the vehicle, the court, at the time of sentencing the operator for violating this section, may, upon motion by the State, order said vehicle be impounded for up to 90 days for the first violation of this section, and for up to 1 year for a subsequent violation, provided that a public or private secure storage area may be obtained by the arresting law-enforcement agency for said vehicle. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause why the impoundment of such vehicle should cease. Prior to releasing said vehicle, the person to whom the vehicle is released shall pay all reasonable towing and storage fees connected therewith. The State and the arresting law-enforcement agency shall not be liable for any expenses incurred in connection with the towing and storage of said vehicle.

(2) In lieu of impoundment under paragraph (f)(1) of this section, the court may order that the number plate or registration plate of any Delaware-registered vehicle used in connection with a violation of subsection (a) of this section be surrendered to the Department within 72 hours of the issuance of the order, or in accordance with the Department’s procedures, for up to 90 days for the first violation of this section, and for up to 1 year for a subsequent violation. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause why the surrender of said plate should cease. After a person is convicted for a violation of this section, no person shall sell, transfer, or encumber the title to a Delaware-registered vehicle that the person knows is subject to a court order, except in the case of salvage, repossession, or unless first approved by the court that issued the order. The Department may not issue any alternate number plate or registration plate to that vehicle during the period of surrender, unless approved by the court that entered the order or upon presentment of proof of salvage or repossession. Anyone convicted of a violation of this section is prohibited from driving, operating, or being in physical control of the vehicle during the period of surrender absent specific court approval, regardless of any legal or equitable interest they might have in the vehicle.

(g) Whenever any vehicle has been used in, or in connection with, the commission of a violation of this section, or in connection with the flight or escape of any person convicted of a violation of this section, and any vehicle involved causes serious physical injury or death to another person during the course of the violation, or its operator is in violation of § 4177(a) of this title as a second offense or higher, the State, pursuant to the procedure governing set forth in Chapter 23 of Title 11 may seek to have forfeited any vehicle involved, whether it be the vehicle or an accomplice vehicle.

(h) Nothing in this section shall be construed to preclude or otherwise limit prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be prosecuted and convicted of both the offenses of speed exhibitions, drag races and other speed contests and any other offenses as defined elsewhere by the laws of the State.

21 Del. C. 1953, §  4172;  54 Del. Laws, c. 160, §  1;  56 Del. Laws, c. 315;  57 Del. Laws, c. 670, §  13B;  60 Del. Laws, c. 702, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 60, §  12;  83 Del. Laws, c. 294, § 1;  84 Del. Laws, c. 41, § 1; 

(a) No person shall operate a motor vehicle in such a manner as to cause wilful, wanton or reckless damage to or destruction of property owned by another person, party, company or corporation.

(b) No owner or person in charge of a motor vehicle shall permit that motor vehicle or any motor vehicle under the person’s control to be operated by another person in such a manner as to cause wilful, wanton or reckless damage to or destruction of property owned by another person, party, company or corporation, nor so as to cause or threaten to cause injury or death to any person.

(c) Whoever being an operator violates this section shall be guilty of an unclassified misdemeanor, and shall be fined for the first offense not less than $25 nor more than $200, or imprisoned not less than 10 days nor more than 30 days or both. Upon receiving the notice of such conviction, the Secretary shall forthwith suspend the driver’s license of the person convicted, for a period of not longer than 6 months. For each subsequent like offense, the person shall be fined not less than $50 nor more than $400, or imprisoned not less than 15 days nor more than 60 days or both. Upon receiving a court record of conviction for a subsequent like offense, the Secretary shall suspend the driver’s license for a 1-year period.

(d) Whoever being the owner or person in charge of a motor vehicle who permitted such motor vehicle to be operated in violation of this section shall be guilty of an unclassified misdemeanor, and shall be fined for the first offense not less than $28.75 nor more than $230, or imprisoned not less than 10 days nor more than 30 days or both. For each subsequent like offense the person shall be fined not less than $57.50 nor more than $460, or imprisoned not less than 15 days nor more than 60 days or both.

(e) This section shall apply to the operation of motor vehicles on public highways and elsewhere throughout the State.

60 Del. Laws, c. 702, §  4;  62 Del. Laws, c. 153, §  1;  68 Del. Laws, c. 9, §  30;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 60, §  13; 

(a) No person shall drive a vehicle over any bridge or elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such bridge has traffic-control devices displayed.

(b) No person shall drive a vehicle over any bridge or elevated structure constituting a part of a highway when such vehicle’s gross weight, including carried load, is greater than the maximum weight which can be maintained with safety to such bridge or structure, when such structure has traffic-control devices displayed.

(c) The existence of traffic-control devices shall be conclusive evidence of the maximum speed or gross weight, including carried load, which can, with safety to any such structures, be maintained thereon.

21 Del. C. 1953, §  4173;  54 Del. Laws, c. 160, §  1;  57 Del. Laws, c. 670, §  13A;  60 Del. Laws, c. 701, §  45; 

In every charge of violation of any speed regulation in this chapter, except §§ 4168 and 4172 of this title, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the maximum or minimum speed applicable at the location.

21 Del. C. 1953, §  4174;  54 Del. Laws, c. 160, §  1;  60 Del. Laws, c. 701, §  46;