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Del. Code tit. 21 ch. 29
Chapter 29
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§ 2901 Motor vehicles exempted.
This chapter shall not apply with respect to any motor vehicle owned by the United States, this State or any political subdivision of this State or any municipality therein or with respect to any motor vehicle which is subject to the requirements of §§ 6101 and 6102 of this title; however, § 2904 of this title shall apply to motor vehicles owned by this State. 61 Del. Laws, c. 292,
§
5 ;
79 Del. Laws, c. 394,
§
1 ;
§ 2902 Motor vehicle liability policy. [For application of this section, see 81 Del. Laws, c. 39, § 2].
(a) A “motor vehicle liability policy,” as said term is used in this chapter, shall mean an owner’s or an operator’s policy of liability insurance, certified, as provided in § 2948 or § 2949 of this title, as proof of financial responsibility and issued, except as otherwise provided in § 2949 of this title, by an insurance carrier duly authorized to transact business in this State, to or for the benefit of the person named therein as insured.
(b) Such owner’s policy of liability insurance shall:
(1) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and
(2) Insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $25,000, because of bodily injury to or death of 1 person in any 1 accident and, subject to said limit for 1 person $50,000, because of bodily injury to or death of 2 or more persons in any 1 accident, and $10,000, because of injury to or destruction of property of others in any 1 accident.
(c) Such operator’s policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon the operator by law for damages arising out of the use by the operator of any motor vehicle not owned by the operator, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner’s policy of liability insurance.
(d) Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
(e) Such motor vehicle liability policy need not insure any liability under any workers’ compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured or while engaged in the operation, maintenance or repair of any such motor vehicle, nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
(f) Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:
(1) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by said motor vehicle liability policy occurs; such policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on the insured’s behalf and no violation of such policy shall defeat or void such policy;
(2) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage;
(3) The insurance carrier shall have the right to settle any claim covered by the policy, and, if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in paragraph (b)(2) of this section;
(4) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the chapter shall constitute the entire contract between the parties.
(g) Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and such excess or additional coverage shall not be subject to this chapter. With respect to a policy which grants such excess or additional coverage the term “motor vehicle liability policy” shall apply only to that part of the coverage which is required by this section.
(h) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for this chapter.
(i) Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
(j) The requirements for a motor vehicle liability policy may be fulfilled by the policies of 1 or more insurance carriers which policies together meet such requirements.
(k) Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy. 61 Del. Laws, c. 292,
§
5 ;
64 Del. Laws, c. 198,
§
8 ;
70 Del. Laws, c. 186,
§
1 ;
81 Del. Laws, c. 39,
§
1 ;
§ 2903 Certain policies unaffected by chapter.
(a) This chapter shall not apply to or affect policies of automobile insurance against liability required by any other law of this State, and such policies, if they contain an agreement or are endorsed to conform to the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.
(b) This chapter shall not apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured’s employ or on the insured’s behalf of motor vehicles not owned by the insured. 61 Del. Laws, c. 292,
§
5 ;
70 Del. Laws, c. 186,
§
1 ;
§ 2904 Self-insurers.
(a) Upon condition of providing the same benefits available under a required vehicle insurance policy, any person in whose name more than 15 motor vehicles are registered in this State may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Secretary of Transportation as provided in subsection (b) of this section.
(b) The Secretary of Transportation may, in the Secretary’s discretion, approve an application for self-insurance from such a person provided the following is submitted in satisfactory form:
(1) A continuing undertaking by the owner or other appropriate person to pay tort liabilities or basic reparation benefits, or both, and to perform all other obligations imposed by § 2118 of this title;
(2) Evidence that appropriate provisions exist for prompt and efficient administration of all claims, benefits and obligations required by § 2118 of this title; and
(3) Evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payment of tort liabilities or basic reparation benefits, or both, and all other obligations imposed by this chapter substantially equivalent to those afforded by a policy of insurance complying with § 2118 of this title.
(c) Upon not less than 5 days’ notice and a hearing pursuant to such notice, the Secretary of Transportation may, upon reasonable grounds, withdraw this approval of self-insurance. Failure to pay any valid claim within 60 days of its submission or any judgment within 30 days after such judgment shall have become final shall constitute a reasonable ground for the immediate withdrawal of approval of self-insurance. 61 Del. Laws, c. 292,
§
5 ;
70 Del. Laws, c. 186,
§
1 ;
74 Del. Laws, c. 110,
§§
63, 64, 65 ;
§ 2905 Assigned risks.
(a) Any applicant for registration who in good faith has applied to 2 insurance companies for a policy of insurance or surety bond under this chapter but who is unable to procure such insurance from said companies shall thereupon notify the Insurance Commissioner, in writing, and the Insurance Commissioner upon receipt of said notice shall thereupon assign said application to 1 of the insurance companies handling such insurance and doing business in this State. Such insurance company shall promptly issue a policy at the rate then prevailing for such policies, adding an automatic surcharge of 10 percent over and above such rate then in force and effect, for similar policies of insurance. Surcharges of 50 percent and 25 percent shall be added to the then prevailing rate for such policies under the following circumstances:
(1) Fifty percent surcharge. — If the certificate is required for a conviction of:
a. Driving a motor vehicle while intoxicated;
b. Failing to stop and report when involved in an accident; or
c. Homicide or assault arising out of the operation of a motor vehicle.
(2) Twenty-five percent surcharge. — If the certificate is required for a conviction of:
a. Driving a motor vehicle at an excessive rate of speed where an injury to person or damage to property actually results therefrom; or
b. Driving a motor vehicle in a reckless manner where an injury to person or damage to property actually results therefrom.
(b) All such assignments may carry an expense charge of 5 percent.
(c) No assignment may be made or surcharge added solely because a driver license is denied or suspended in accordance with § 516(g) or § 2216 of Title 13.
(d) The surcharges specified in this section shall be limited for 3 years. The Insurance Commissioner shall notify the Secretary of Transportation of such assignments and the rate at which such assignments are made and the registration shall then be issued. 61 Del. Laws, c. 292,
§
5 ;
70 Del. Laws, c. 452,
§
8 ;
71 Del. Laws, c. 216,
§
86 ;
74 Del. Laws, c. 110,
§
66 ;
§ 2906 Cancellation or termination of insurance policy.
(a) Any insurance company may cancel any motor vehicle liability policy or bond, except such risks as may be assigned to it as provided in § 2905 of this title, for any reason it may deem proper. Such insurance company shall refund to its insured the unearned portion of the premium paid by the insured.
(b) Any insurance company may cancel any motor vehicle liability policy or bond issued to any person under § 2905 of this title by giving 30 days’ notice thereof to the Secretary of Transportation provided the insured:
(1) Is not licensed to operate a motor vehicle under the laws of this State;
(2) Is a person with mental or physical disabilities rendering it unsafe for the insured to operate a motor vehicle upon the highways;
(3) Is, in the opinion of the Secretary of Transportation, an habitually reckless or negligent driver of a motor vehicle;
(4) Is an habitual drunkard;
(5) Is addicted to the use of narcotic drugs;
(6) Is engaged in an unlawful or illegal occupation;
(7) Has refused or failed to pay the premiums due on such motor vehicle policy or bond; or
(8) Has refused or failed to cooperate with the insurance company as stated in such insurance policy or bond. 61 Del. Laws, c. 292,
§
5 ;
70 Del. Laws, c. 186,
§
1 ;
74 Del. Laws, c. 110,
§§
67, 68 ;
79 Del. Laws, c. 371,
§
24 ;
§ 2907 Disclosure of information relating to insurance.
(a) A Delaware attorney who represents an injured person, or an individual injured in a motor vehicle accident who is not represented by an attorney, may, prior to the filing of a civil action for bodily injuries sustained as a result of a motor vehicle accident, request in writing that the insurer disclose the bodily injury limits of liability of any motor vehicle liability policy, as defined by § 2902(a) of this title, that may be applicable to the claim.
(b) The requesting party shall provide the insurer with the date of the motor vehicle accident, the name and last known address of the alleged liable party if it has been reported to the requesting party, a copy of the police report, if any, and the claim number, if available.
(c) When requesting the bodily injury limits of liability, the requesting party shall also submit to the insurer the injured person’s medical records, medical bills, and wage-loss documentation, pertaining to the claimed injury and supporting the damages referenced in subsection (d) of this section.
(d) If the total of the medical bills and wage losses submitted equals or exceeds $12,500, the insurer shall respond in writing within 30 days of receipt of the request, and shall disclose the bodily injury limits of liability at the time of the accident of all its motor vehicle liability policies, regardless of whether the insurer contests the applicability of the policy to the injured person’s claim.
(e) Disclosure of the bodily injury policy limits under this section shall not constitute an admission that the alleged injury or damage is subject to the policy.
(f) Information concerning the insurance policy is not by reason of disclosure pursuant to this subsection admissible as evidence at trial.
(g) The disclosure shall be confidential and available only to the individual injured and the attorney representing the injured person and personnel in the office of the attorney. 81 Del. Laws, c. 421,
§
1 ;
§ 2908 Administration and enforcement.
The Secretaries of Safety and Homeland Security and/or Transportation, in keeping with their respective responsibilities, shall administer and enforce this chapter. The State Police shall assist the Secretary of Safety and Homeland Security in enforcing this chapter. 61 Del. Laws, c. 292,
§
5 ;
74 Del. Laws, c. 110,
§
69 ;
§ 2909 Availability of other remedies.
Nothing in this chapter shall prevent the plaintiff in any action at law from relying for relief upon the other processes provided by law. 61 Del. Laws, c. 292,
§
5 ;
§ 2910 Rights of bona fide transferees and lienors unaffected.
This chapter shall not prevent the owner of a motor vehicle, the registration of which has been suspended hereunder, from effecting a bona fide sale of such motor vehicle to another person whose rights or privileges are not suspended under this chapter or prevent the registration of such motor vehicle by such transferee. This chapter shall not in any way affect the rights of any conditional vendor, chattel mortgagee or lessor of a motor vehicle registered in the name of another as owner who becomes subject to this chapter. 61 Del. Laws, c. 292,
§
5 ;
§ 2911 Construction with other laws.
This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto. 61 Del. Laws, c. 292,
§
5 ;
§ 2912 Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it. 61 Del. Laws, c. 292,
§
5 ;
§ 2913 Insurance for automobile transports.
All automobile transports, interstate or intrastate, shall be insured against personal injury loss and property damage loss in keeping with requirements of the Interstate Commerce Commission relating to intrastate automobile transport carriers. 64 Del. Laws, c. 207,
§
4 ;
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§ 2927 Security required of nonresidents involved in accidents in this State.
(a) Any nonresident of this State who is involved in any accident through the operation of a motor vehicle wherein there is a damage to property or person shall be liable to damages and shall be required to furnish sufficient security for the payment of damages sustained by any person, firm or corporation before the motor vehicle of the nonresident or the contents thereof are removed from out of the State.
(b) The security required under subsection (a) of this section shall be double the estimated amount of the damages as determined by any reputable automobile repair person of the State, and shall be posted with any justice of the peace in the State. 41 Del. Laws, c. 224,
§§
1, 2 ;
21 Del. C. 1953,
§
2927;
70 Del. Laws, c. 186,
§
1 ;
Delaware General Assembly
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§ 2941 Court reports on nonpayment of judgments.
(a) Whenever any person fails to satisfy any judgment within 60 days of its issuance, the court that issued the judgment shall, upon motion of the holder of the judgment, forward a certified copy of such judgment to the Secretary of Transportation.
(b) If the defendant named in any certified copy of a judgment reported to the Secretary of Transportation is a nonresident, the Secretary of Transportation shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses of the state of which the defendant is a resident.
(c) For purposes of this subchapter “judgment” shall mean any civil judgment for money damages arising out of an event or transaction involving motor vehicle accident. Code 1935,
§
5712B;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2941;
57 Del. Laws, c. 670,
§
12A ;
60 Del. Laws, c. 433,
§
5 ;
66 Del. Laws, c. 274,
§
1 ;
74 Del. Laws, c. 110,
§
70 ;
76 Del. Laws, c. 265,
§§
1, 2 ;
§ 2942 Suspension of license for nonpayment of judgments.
(a) The Secretary of Transportation, upon receipt of a certified copy of a judgment, shall forthwith suspend the license and any nonresident’s operating privilege of any person against whom such judgment was rendered, except as otherwise provided in this section and in § 2945 of this title.
(b) The Secretary of Transportation may allow license or nonresident operating privileges to a judgment debtor, providing there is no default in the payment of such judgment or that installments thereof prescribed in § 2945 of this title are not in default, and providing the judgment debtor has furnished proof of financial responsibility.
(c) Any person whose license or nonresident’s operating privilege has been suspended or is about to be suspended or becomes subject to suspension under this chapter may be relieved from the effect of such judgment as prescribed in this chapter, by filing with the Secretary of Transportation an affidavit stating that at the time of the accident upon which such judgment has been rendered the affiant was insured, that the insurer is liable to pay such judgment and the reason, if known, why such insurance company has not paid such judgment. Such person shall also file the original policy of insurance or a certified copy thereof, if available, and such other documents as the Secretary of Transportation may require to show that the loss, injury or damage, for which such judgment was rendered, was covered by such policy of insurance. If the Secretary of Transportation is satisfied from such papers that such insurer was authorized to issue such policy of insurance at the time and place of issuing such policy and that such insurer is liable to pay such judgment, at least to the extent and for the amounts required in this chapter, the Secretary of Transportation shall not suspend such license or nonresident’s operating privilege, or, if already suspended, shall reinstate them.
(d) In the event that a person has had that person’s license suspended for nonpayment of a judgment under this section, the Department after the lapse of 10 years from the entry of the judgment may issue a new license provided that such person shall have produced proof of liability insurance coverage or other evidence of financial responsibility, in an amount and of such character as shall be satisfactory to the Secretary of Transportation. Code 1935,
§
5712C;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2942;
55 Del. Laws, c. 406 ;
57 Del. Laws, c. 89 ;
57 Del. Laws, c. 670,
§
12A ;
60 Del. Laws, c. 433,
§§
6-8 ;
66 Del. Laws, c. 274,
§
1 ;
70 Del. Laws, c. 186,
§
1 ;
74 Del. Laws, c. 110,
§§
71-74 ;
§ 2943 Duration of suspension of license.
The license and nonresident’s operating privilege suspended pursuant to § 2942 of this title shall remain suspended and shall not be renewed nor shall any such license be thereafter issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is satisfied in full or to the extent provided in this subchapter, and until such person gives proof of financial responsibility subject to the exemptions stated in §§ 2942 and 2945 of this title. Code 1935,
§
5712D;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2943;
60 Del. Laws, c. 433,
§
9 ;
66 Del. Laws, c. 274,
§
1 ;
§ 2944 Satisfaction of judgments.
The judgments referred to in this subchapter shall, for the purposes of this chapter only, be deemed satisfied:
(1) When $15,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of 1 person as the result of any 1 accident; or
(2) When, subject to such limit of $15,000 because of bodily injury to or death of 1 person, the sum of $30,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of 2 or more persons as the result of any 1 accident; or
(3) When $10,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any 1 accident.
Payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident shall be credited in reduction of the amounts provided for in this section. Code 1935,
§
5712E;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2944;
50 Del. Laws, c. 456,
§
3 ;
61 Del. Laws, c. 292,
§
6 ;
64 Del. Laws, c. 198,
§§
4-6 ;
§ 2945 Installment payment of judgments; default.
(a) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, at its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
(b) The Secretary of Transportation shall not suspend a license or a nonresident’s operating privilege for nonpayment of a judgment when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of such judgment in installments, and while the payment of any said installment is not in default.
(c) In the event the judgment debtor fails to pay any installment as specified by such order, the Secretary of Transportation, upon notice of such default, shall forthwith suspend the license or nonresident’s operating privilege of the judgment debtor until such judgment is satisfied as provided in this subchapter. Code 1935,
§
5712F;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2945;
57 Del. Laws, c. 670,
§
12A ;
66 Del. Laws, c. 274,
§
1 ;
74 Del. Laws, c. 110,
§§
75, 76 ;
§ 2947 Methods of giving proof.
Proof of financial responsibility when required under this chapter, may be given by filing a:
(1) Certificate of insurance as provided in § 2948 or § 2949 of this title; or
(2) Bond as provided in § 2950 of this title; or
(3) Certificate of deposit of money or securities as provided in § 2951 of this title; or
(4) Statement from an insurance carrier certifying that there is in effect a motor vehicle liability policy covering the operator or vehicle as required by this chapter. Code 1935,
§
5712H;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2947;
62 Del. Laws, c. 77,
§
2 ;
§ 2948 Certificate of insurance as proof.
(a) Proof of financial responsibility may be furnished by filing with the Secretary the written certificate of any insurance carrier duly authorized to do business in this State certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
(b) No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility unless such motor vehicle is so designated in such certificate. Code 1935,
§
5712I;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2948;
§ 2949 Certificate furnished by nonresident as proof.
(a) The nonresident owner of a motor vehicle not registered in this State may give proof of financial responsibility by filing with the Secretary a written certificate or certificate of an insurance carrier authorized to transact business in the state in which the motor vehicle or motor vehicles described in such certificate is registered, or, if such nonresident does not own a motor vehicle, then in the state in which the insured resides, provided such certificate otherwise conforms to this chapter, and the Secretary shall accept the same upon condition that said insurance carrier complies with the following provisions with respect to the policies so certified:
(1) Such insurance carrier shall execute a power of attorney authorizing the Secretary to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this State;
(2) Such insurance carrier shall agree in writing that such policies shall be deemed to conform with the laws of this State relating to the terms of motor vehicle liability policies issued herein.
(b) If any insurance carrier not authorized to transact business in this State, and which has qualified to furnish proof of financial responsibility, defaults in any said undertakings or agreements, the Secretary shall not thereafter accept as proof any certificate of said carrier whether theretofore filed or thereafter tendered as proof, so long as such default continues. Code 1935,
§
5712J;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2949;
57 Del. Laws, c. 670,
§
12A ;
§ 2950 Bond as proof.
(a) Proof of financial responsibility may be evidenced by the bond of a surety company authorized to transact business within this State or a bond with at least 2 individual sureties each owning real estate within this State and together having equities equal in value to at least twice the amount of such bond. The real estate shall be scheduled in the bond approved by a judge of a court of record, and the bond shall be conditioned for payment of the amounts specified in the definition of “proof of financial responsibility” contained in § 101 of this title. Such bond shall be filed with the Secretary of Transportation and shall not be cancellable except after 10 days’ written notice to the Secretary of Transportation. Such bond shall constitute a lien in favor of the State upon the real estate so scheduled of any surety, which lien shall exist in favor of any holder of a final judgment against the person who has filed such bond, for damages, including damages for care and loss of services because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such bond was filed, upon the filing of notice to that effect by the Secretary of Transportation in the office of the prothonotary of any county in the State wherein any such real estate is located. The prothonotary shall enter such lien in an appropriate docket kept by the prothonotary for that purpose.
(b) If such judgment rendered against the principal on such bond is not satisfied within 60 days after it has become final, the judgment creditor may, for the judgment creditor’s own use and benefit and at the judgment creditor’s sole expense, bring an action or actions in the name of the State against the company or persons executing such bond, including an action or proceeding to foreclose any lien that may exist upon the real estate of a person who has executed such bond in accordance with Chapter 75 of Title 10. Code 1935,
§
5712N;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2950;
57 Del. Laws, c. 670,
§
12A ;
70 Del. Laws, c. 186,
§
1 ;
74 Del. Laws, c. 110,
§
77 ;
§ 2951 Money or securities as proof.
(a) Proof of financial responsibility may be evidenced by the certificate of the State Treasurer that the person named therein has deposited with the State Treasurer $40,000 in cash or securities such as may legally be purchased by savings banks or for trust funds of a market value of $40,000. The State Treasurer shall not accept any such deposit nor issue a certificate therefor and the Secretary of Transportation shall not accept such certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.
(b) Such deposit shall be held by the State Treasurer to satisfy, in accordance with this chapter, any execution on a judgment issued against such person making the deposit for damages, including damages for care and loss of services, because of bodily injury to or death of any person or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid. Code 1935,
§
5712O;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2951;
50 Del. Laws, c. 456,
§
4 ;
57 Del. Laws, c. 670,
§
12A ;
64 Del. Laws, c. 198,
§
7 ;
70 Del. Laws, c. 186,
§
1 ;
74 Del. Laws, c. 110,
§
78 ;
§ 2953 Substitution of proof.
The Secretary of Transportation shall consent to the cancellation of any bond or certificate of insurance or the Secretary of Transportation shall direct the return of, and the State Treasurer shall return, any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter. Code 1935,
§
5712Q;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2953;
57 Del. Laws, c. 670,
§
12A ;
74 Del. Laws, c. 110,
§
79 ;
§ 2954 Requirement of other proof.
Whenever any proof of financial responsibility filed under this chapter no longer fulfills the purposes for which it is required, the Secretary of Transportation shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license or the nonresident’s operating privilege pending the filing of such other proof. Code 1935,
§
5712R;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2954;
57 Del. Laws, c. 670,
§
12A ;
66 Del. Laws, c. 274,
§
1 ;
74 Del. Laws, c. 110,
§
80 ;
§ 2955 [Reserved.]
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§ 2971 Penalties.
(a) A person whose license or nonresident’s operating privilege suspended or revoked under this chapter drives during such suspension or revocation any motor vehicle upon any highway, except as permitted under this chapter, shall be fined not more than $575, or imprisoned not more than 6 months or both.
(b) Whoever wilfully fails to return the license as required in § 2972 of this title shall be fined not more than $575, or imprisoned not more than 30 days or both.
(c) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be fined not more than $575, or imprisoned not more than 90 days or both. Code 1935,
§
5712V;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2971;
62 Del. Laws, c. 77,
§
5 ;
66 Del. Laws, c. 274,
§§
1, 2 ;
68 Del. Laws, c. 9,
§
19 ;
70 Del. Laws, c. 186,
§
1 ;
§ 2972 Surrender of license.
Any person whose license is suspended as provided in this chapter or whose policy of insurance or bond when required under this chapter is canceled or terminated or who neglects to furnish other proof upon request of the Secretary of Transportation shall immediately return the person’s license to the Secretary of Transportation. If any person fails to return to the Secretary of Transportation the license as provided herein, the Secretary of Transportation shall forthwith direct any peace officer to secure possession thereof and to return the same to the Secretary of Transportation. Code 1935,
§
5712U;
48 Del. Laws, c. 359,
§
2 ;
21 Del. C. 1953,
§
2972;
57 Del. Laws, c. 670,
§
12A ;
66 Del. Laws, c. 274,
§
1 ;
70 Del. Laws, c. 186,
§
1 ;
74 Del. Laws, c. 110,
§
81 ;
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