(a) 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.

(b) The requirements of subsection (a) of this section do not apply to an operator who starts the engine of a vehicle by using a remote starter or other similar device that remotely starts the vehicle’s engine without placing the key in the ignition and requires the key to be placed in the ignition or physically present in the vehicle before the vehicle can be operated.

21 Del. C. 1953, §  4180;  54 Del. Laws, c. 160, §  1;  63 Del. Laws, c. 214, §  1;  81 Del. Laws, c. 158, § 1; 

(a) For purposes of this section:

(1) “Accessible parking space” means any parking space or parking zone designated by an owner or lessee of any public or private property for use by a vehicle being used by a person with a disability.

(2) “Vehicle being used by a person with a disability” means a vehicle that meets both of the following criteria:

a. 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.

b. 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 that is designated as an accessible parking space.

(c) Upon the discovery on private property of a vehicle, other than a vehicle being used by a person with a disability, in an accessible parking space, 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 an accessible parking space 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 an accessible parking space, all of 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 or access aisle within or adjacent to an accessible parking space.

(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.

(5) Parking a vehicle with a license plate or placard issued pursuant to § 2134 or § 2135 of this title in an accessible parking space, 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 self identifies 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) (1) A person or organization who violates this section must receive a mandatory fine of $250 for a first offense, and for a subsequent like offense, a mandatory fine of $500 or a term of community service.

(2) In addition, a person or organization who holds a valid special license plate or parking placard issued under § 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 under this subsection, the person may apply for and be issued a regular license plate.

(3) Minor variations of accessible parking space features, including the absence of a sign, are not a defense to prosecution under this section if the space is otherwise conspicuously marked.

(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;  82 Del. Laws, c. 27, § 1;  84 Del. Laws, c. 42, § 1;  85 Del. Laws, c. 225, § 1; 

(a) For purposes of this section, “accessible parking space” means as defined in § 4183 of this title.

(b) Where an accessible parking space is required under Titles II and III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., the accessible parking space must be designed and constructed in compliance with:

(1) The 2010 ADA Standards for Accessible Design issued by the Department of Justice on September 15, 2010, and its accompanying guidance.

(2) Any applicable county, municipal, or Delaware building code or law.

(c) No new accessible parking spaces may be installed, and no existing accessible parking spaces may be restriped, repainted, resurfaced or otherwise altered, until the county or municipal authority having jurisdiction over the construction or alteration of commercial buildings has issued a permit authorizing such action and confirming that any accessible parking spaces are in compliance with subsection (b) of this section. A county or municipal authority may allow subsequent restriping, repainting, or resurfacing of a lot that has been permitted in accordance with this section at least once without a permit where no change is made to the parking plan and the property remains compliant with the requirements of this section.

(d) Upon completion of the work subject to permit, the public agency issuing the permit shall verify compliance by either conducting an on-site inspection or independently confirming compliance by use of documentation and photographic evidence submitted by the entity to whom the permit was issued, provided that the documentation and photographic evidence is sufficient to adequately assess such compliance. The enforcement agency may adopt a model form published by the State Council for Persons with Disabilities in consultation with the Architectural Accessibility Board to standardize submission of verifying documentation and photographic evidence. If the submitted documentation and photographic evidence is not sufficient to confirm compliance, an on-site inspection must be conducted.

(e) All existing parking spaces that are not in compliance with subsection (b) of this section by September 25, 2030, are in violation of this section.

(f) In lieu of a permit under subsection (c) of this section, any facility covered under the Architectural Accessibility Act, Chapter 73 of Title 29, must receive a letter of approval from the Architectural Accessibility Board that confirms compliance with this section.

(g) A county or municipal government may assess a civil penalty of up to $500 for a violation of this section. Before imposing a fine, the county or municipal government must allow 90 days for the responsible party to cure the violation.

(h) Nothing in this section requires a county or municipality to conduct code inspections apart from its usual and customary practice for promoting building code compliance. Nothing in this section prohibits a county or municipality from charging fees associated with permits and compliance verification.

(i) Nothing in this section prohibits any state, municipal, or local government or agency from adopting more stringent standards for accessible parking than those imposed by this section and applicable federal law, nor shall it prohibit any private or public entity from providing more accessible parking spaces than are required by this section or other applicable code or regulation.

(j) Each accessible parking space sign that is required under this section must display the current maximum fines established in § 4183(f) of Title 21.

85 Del. Laws, c. 225, § 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) (1) Except as provided under paragraphs (b)(2) and (b)(3) of this section, a person operating or riding as a passenger on a motorcycle on the roadways of this State shall have in that person’s possession a safety helmet approved by the Secretary of the Department of Safety and Homeland Security (“Secretary”) through the Office of Highway Safety and shall wear eye protection approved by the Secretary.

(2) A person up to 19 years of age operating or riding as a passenger on a motorcycle on the roadways of this State shall wear a safety helmet and eye protection approved by the Secretary.

(3) a. For the purposes of this paragraph (b)(3), a “newly-endorsed person” means a person who obtains an endorsement for a motorcycle on or after July 30, 2023.

b. A newly-endorsed person who is operating a motorcycle on the roadways of this State, or a person riding as a passenger on a motorcycle operated on the roadways of this State by a newly-endorsed person, shall wear a safety helmet and eye protection approved by the Secretary for the first 2 years after the newly-endorsed person obtains endorsement.

(4) A person operating or riding as a passenger on a motorcycle on the roadways of this State who fails to comply with this subsection is subject to a civil or administrative assessment of not less than $25 nor more than $50. An assessment or court cost other than those specified in this subsection may not be imposed. A violation of this subsection may not be classified as a criminal offense.

(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;  84 Del. Laws, c. 71, § 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) A person may not throw or deposit on a highway or adjacent property any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure a person, animal, or vehicle on the highway or adjacent property.

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

(c) A person may not throw or deposit any goods, merchandise, bundles, or litter of any kind, including yard waste, on a highway.

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

(e) A person may not leave, drop, throw away, or otherwise dispose of trash of any description, including yard waste, in quantity to exceed 5 pounds or 1 cubic foot on or alongside a highway.

(f) If a 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 is a rebuttable presumption that the registered owner, if the driver’s identity cannot be ascertained, or the driver of the vehicle is responsible for the violation.

(g) A person who violates this section is guilty of an unclassified misdemeanor, and is subject to a fine as follows:

(1) Not less than $115 nor more than $287.50 and up to 8 hours of community service for a first offense.

(2) Not less than $125 nor more than $287.50 and up to 25 hours of community service for a second or subsequent offense within 2 years.

(3) 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 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 does not apply to operators of buses carrying 9 or more persons. A person who violates subsection (e) of this section is guilty of an unclassified misdemeanor, and is subject to a fine of not less than $460 nor more than $690. For each subsequent offense occurring within 3 years of a former offense, the person is subject to a fine of not less than $575 nor more than $1,150. The minimum fines for a violation of this section are not 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 of Title 17, is subject to a mandatory penalty of $500, which must be imposed in addition to the fine.

(i) As used in this section, “yard waste” means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings.

(j) Placing yard waste on a highway in compliance with state, county, municipal, or private program requirements for collection and disposal of yard waste is not a violation of this section.

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;  83 Del. Laws, c. 212, § 1;  83 Del. Laws, c. 283, § 37; 

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; 

(a) Except as provided in subsection (b) of this section, no person shall retrofit any diesel-powered vehicle with any device, smoke stack, or other equipment that enhances the vehicle’s capacity to emit soot, smoke, or other particulate emissions, or shall not purposely release clearly visible quantities of soot, smoke, or other particulate emissions into the air and onto roadways and other vehicles while operating the vehicle, colloquially referred to as “coal rolling.”

(b) This section does not apply to a person operating:

(1) A diesel-powered vehicle that discharges visible exhaust as the result of normal acceleration or towing;

(2) A construction vehicle operating at a construction site.

(c) Any person who violates the prohibition in subsection (a) of this section shall be subject to a penalty of not more than $500 per violation.

81 Del. Laws, c. 411, § 1;