Chapter 41

§ 4101 Provisions refer to vehicles upon highways; exceptions; powers of local authorities. (a) The provisions of this title relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: (1) Where a different place is specifically referred to in a given section. (2) That subchapter IX of this chapter shall apply upon highways and elsewhere throughout the State. (3) That subchapter VIII of this chapter and § 4164 of this title shall apply upon highways and elsewhere throughout the State, except that subchapter VIII of this chapter and § 4164 of this title shall not apply upon any nonresidential, commercial property, except as set forth in § 4172 of this title. For the purposes of this paragraph, “elsewhere,” except for purposes of § 4172 of this title, shall mean only those areas regulated by traffic-control devices which have been reviewed and approved as acceptable for the area by the Delaware Department of Transportation. (4) Upon application by a majority of persons having a property interest in a private road or way upon which motor vehicles are driven, the appropriate agency or officer of any town, city or county in which such private property is located may petition the Department of Safety and Homeland Security (hereinafter “Department”) in a manner prescribed by the Department, requesting the Department assume jurisdiction over such private property. Upon acceptance of jurisdiction over the private property, the Department shall, by written notice, so notify each governmental body and property owner affected and shall supply copies of such notice to all appropriate courts and law-enforcement agencies. One week following the official acceptance of such jurisdiction, all provisions of Title 17 and this title shall apply to the affected private property. The installation and maintenance of all traffic-control devices authorized by the Department of Transportation shall be undertaken by the owners at no cost to the State. (b) Local authorities, except as expressly authorized by law, shall not enact or enforce any rules or regulations contrary to this chapter. Traffic ordinances and regulations adopted by local authorities, and substantially conforming to the sections of this chapter, shall have the same force and effect as the traffic laws of this title. Whenever any provision of this title refers to a specific section of this title, such section shall be deemed to include substantially conforming ordinances and regulations enacted by local authorities. The court’s notice of conviction for violating a local ordinance or regulation that substantially conforms to this title, when included in the person’s driving record, shall be deemed to be equivalent to a violation of the state statute to which it conforms. This section shall not be deemed to affect the jurisdiction for violations of local traffic ordinances or regulations nor the fine to be imposed for such a violation. Local authorities may regulate the use of the highways by processions or assemblages. Nothing in this chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from prohibiting such use nor requiring other or different or additional conditions than those specified in this chapter or otherwise regulating such use as seems best to such owner. (c) The authority to authorize, maintain, install and remove all traffic-control devices necessary to implement this title is provided to the Department of Transportation and to local authorities in their respective jurisdictions by Chapter 1 of Title 17. Unless otherwise provided in this title, the authorities granted are uniformly applicable to all sections of this title. (d) Liability for failure of owner to comply with traffic light signals. — (1) The Department of Safety and Homeland Security and/or the governing body of any city or any county 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 traffic light signals in accordance with the provisions of this subsection. This subsection allows the Department of Transportation and/or the governing body of any city or county to install and operate traffic light signal violation monitoring systems; provided however, that in the event the installation other than by the Department of Transportation, the Department of Transportation must first approve such installation using the same recognized safety and accident criteria which the Department of Transportation uses to determine new locations; and provided further that the duration of the yellow light change interval, at any intersection where a traffic control photographic system or other traffic light signal violation monitoring system is in use, must be no less than the yellow light change interval duration specified in the design manual developed by the Department of Transportation. All existing locations erected without the Department of Transportation prior approvals shall be reviewed by the Department of Transportation using same recognized safety and accident criteria used to authorize new locations. Any location which fails to meet the criteria shall be removed upon end of the contract with the camera operator vendor. (2) Jurisdictions operating an Electronic Red Light Safety Program can only issue right turn on red violations if there is safety and crash data to support it as determined by the Department of Transportation. (3) Liability. — The owner or operator of a vehicle which has failed to comply with a traffic light signal, as evidenced by information obtained from a traffic light signal violation monitoring system, shall be subject to a civil or administrative assessment not to exceed $110; provided, however, that the city or county may provide for an additional assessment not to exceed $10 if the civil or administrative assessment is not paid within 20 days, which assessment may be increased to an amount not to exceed $20 if the assessment is not paid within 45 days, and may be increased to an amount not to exceed $30 if the assessment is not paid within 90 days. Court costs or similar administrative fees not to exceed $35 may also be assessed against an owner or operator who requests a hearing to contest the violation and is ultimately found or pleads responsible for the violation or who fails to pay or contest the violation in a timely manner. No assessments and court costs other than those specified in this subsection may be imposed. A violation for which a civil assessment is imposed under this subsection shall not be classified as a criminal offense and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance. Assessments collected as a result of a traffic control signal monitoring system shall be paid to the city or county which controlled the monitoring system, or the General Fund for personnel, after first being applied to reimburse the applicable state agencies for their costs of administering such systems. (4) Definitions. — For purpose of this subsection only: a. “Owner” means the registered owner of such 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 subsection, shall mean the person shown on the records to be the lessee of such vehicle. Vehicle rental companies are excluded from the definition of “owner.” b. “Traffic light signal violation monitoring system” means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces 2 or more photographs, or 2 or more microphotographs, or a videotape, or other recorded images of each vehicle at the time it is used or operated in violation of this subsection. (5) Summons and notice of violation. — Any nonresident owner or operator of any motor vehicle which is operated or driven on the public streets, roads, turnpikes or highways of this State is deemed to have submitted to the jurisdiction of the Delaware courts for purposes of this subsection. Notwithstanding any other provision of the Delaware Code, a summons for a violation of this subsection may be executed by mailing to any Delaware resident or nonresident by first class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Division of Motor Vehicles of this or any other state, as appropriate. 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: 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, or microphotographs or other recorded images, taken as proof of the violation; g. Amount of the civil assessment imposed and the date by which the civil assessment should be paid; h. Information advising the summonsed person of the matter, time and place by which liability as alleged in the notice may be contested, and warning that the failure to pay the civil assessment 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/or the denial of the registration or the renewal of the registration of any of the owner’s vehicles; and i. Notice of the summonsed person’s ability to rebut the presumption that the summonsed person was the operator of the vehicle at the time of the alleged violation and the means for rebutting such presumption. (6) Payment by voluntary assessment. — Persons electing to pay by voluntary assessment shall make payments to the entity designated on the summons for payment. Such entity may be the Justice of the Peace Court or an entity designated by the Court, the Department of Safety and Homeland Security, or by the city or county in which the traffic light 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, 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. (7) Procedures to contest the violation. — 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. 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 such other entity as designated by the Department of Safety and Homeland Security or applicable county or city. The hearing may be informal and shall be held in accordance with Justice of the Peace Court rules or policy directive, regulation of the Department of Safety and Homeland Security, or by regulation, code or ordinance of the applicable city or county. Additional administrative collection processes may be established by court rule, policy directive, regulation, code or ordinance, as applicable. Costs for such hearing shall not be assessed against the prevailing party. There shall be no right of transfer to the Court of Common Pleas. (8) Failure to pay or successfully contest the violation. — If the owner or an 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 may refuse to renew the registration of the owner’s vehicle operated at the time the summons was issued. If the owner or an operator identified by the owner is found responsible at a hearing and fails to pay 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. Upon receiving a record of failure to comply, the Clerk may enter a civil traffic judgment against the owner or operator in the amount of the civil penalty, costs, and any applicable penalty amounts, giving credit for any amount paid. Such judgment may, upon motion, be transferred by the Court to the civil docket. Any judgment so transferred may be executed and enforced or transferred in the same manner as other judgments of the Court and the Division of Public Safety or its designee, or the applicable city or county shall have authority to seek such execution, enforcement or transfer. (9) Proof of violation. — Proof of a violation of this subsection shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized pursuant to this subsection. A certificate, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a traffic light signal violation monitoring system shall constitute prima facie evidence of the facts contained therein, if the certificate, or facsimile thereof, is sworn to or affirmed by a technician employed by a locality authorized to impose assessments pursuant to this subsection, or a technician employed by a state agency or entity designated by a state agency for the purposes of this section. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to regulation, ordinance or other law adopted pursuant to this subsection. (10) Presumptions. — The owner of any vehicle found to be in violation of this subsection shall be held prima facie responsible for such violation in the same manner as provided for 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 shall be rebutted if the owner: a. Furnishes 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 the 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 time of the alleged violation of this subsection; 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 or that the owner failed to comply with the traffic signal either in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession. A summons may be issued to a person identified by affidavit or evidence in court as the actual operator of the vehicle shown to have violated the traffic light signal. There shall be a presumption that the person so identified was the driver. The presumption may be rebutted as described in this subsection. (11) Notwithstanding any other provision in this section, if the motor vehicle which is found by the traffic light signal violation monitoring system to have failed to comply with a traffic light signal 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 subsection (d) to provide the name and address of the driver at the time of the violation within the period prescribed shall cause the owner to be held responsible as set forth in paragraph (d)(5) of this section. (12) Any person found responsible for a civil traffic offense shall have a right of appeal only in those cases in which the civil penalty imposed 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 time of the finding of responsible. 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. Additional penalty assessments for late payment/response pursuant to paragraph (d)(3) of this section shall be included in determining the amount of the civil penalty for purposes of determining the right to an appeal. 21 Del. C. 1953, §  4101; 54 Del. Laws, c. 160, §  1 ; 57 Del. Laws, c. 670, §  13A ; 58 Del. Laws, c. 515, §  1 ; 60 Del. Laws, c. 701, §  8 ; 63 Del. Laws, c. 449, §  1 ; 68 Del. Laws, c. 390, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 89, §§  1, 2 ; 73 Del. Laws, c. 204, §  1 ; 74 Del. Laws, c. 66, §  1 ; 74 Del. Laws, c. 110, §§  84, 85, 138 ; 74 Del. Laws, c. 301, §  1 ; 75 Del. Laws, c. 56, §§  1-12 ; 76 Del. Laws, c. 79, §  118(1), (2) ; 77 Del. Laws, c. 281, §  1 ; 80 Del. Laws, c. 299, § 126 ; 83 Del. Laws, c. 283, § 35 ; 83 Del. Laws, c. 294, § 2 ; § 4102 Required obedience to traffic laws. It is unlawful for any person to do any act forbidden or fail to perform any act required in this chapter. 21 Del. C. 1953, §  4102; 54 Del. Laws, c. 160, §  1 ; 77 Del. Laws, c. 60, §  1 ; § 4103 Obedience to authorized persons directing traffic. (a) (1) No person shall wilfully fail or refuse to comply with any lawful order or direction of any of the following, who are invested by law with authority to direct, control, or regulate vehicle and pedestrian traffic: a. A police officer. b. An authorized flagperson. c. A fire police officer. d. A uniformed adult school crossing guard. e. A commissioned constable. (2) This subsection does not operate to relieve a driver of the duty to operate the driver’s vehicle with due regard to the safety of all persons using the highway. (b) Any driver who, having received a visual or audible signal from a police officer identifiable by uniform, by motor vehicle or by a clearly discernible police signal to bring the driver’s vehicle to a stop, operates the vehicle in disregard of the signal or interferes with or endangers the operation of the police vehicle or who increases speed or extinguishes the vehicle’s lights and attempts to flee or elude the police officer shall be guilty of a class G felony, with a minimum fine of $575 which may not be suspended. Upon receiving notice of such conviction the Secretary, at the Secretary’s discretion, may forthwith revoke the operator’s or chauffeur’s license of the person so convicted for a period of 2 years. For each subsequent like offense, the person shall be guilty of a class E felony, with a minimum fine of $1,150 which may not be suspended. Upon receiving a court notice of conviction for a subsequent like offense, the Secretary shall revoke the operator’s or chauffeur’s license for an additional 3-year period. It shall be an affirmative defense for this section if the driver proceeds at or below the posted speed limit to a safe location or, at nighttime to a well-lit reasonable location and stops the vehicle at that point that the driver is not guilty of this section. (c) If any vehicle is witnessed by a police officer to be in violation of subsection (b) of this section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the persons in whose name such vehicle is registered, to whom a rental vehicle is leased or whose name appears on a company’s records as driving a company vehicle, committed such violation of subsection (b) of this section. 21 Del. C. 1953, §  4103; 54 Del. Laws, c. 160, §  1 ; 57 Del. Laws, c. 141 ; 57 Del. Laws, c. 670, §  13B ; 60 Del. Laws, c. 701, §  9 ; 64 Del. Laws, c. 164, §  1 ; 68 Del. Laws, c. 9, §  21 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 289, §§  1-3 ; 85 Del. Laws, c. 9, § 1 ; § 4104 Persons riding animals or driving animal-drawn vehicles. Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no application. 21 Del. C. 1953, §  4104; 54 Del. Laws, c. 160, §  1 ; § 4105 Persons and vehicles working on highways and utilities; exceptions. (a) Unless specifically made applicable, the provisions of this title, except those contained in subchapter IX of this chapter, shall not apply to persons, motor vehicles and other equipment while actually engaged in work upon a highway or in work upon utility facilities along a highway, so long as proper traffic-control devices are posted, but shall apply to such persons and vehicles when traveling to or from such work. (b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by traffic-control devices. (c) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of the Secretary of Public Safety. (d) Traffic-control devices shall be used as required in the standards adopted under § 147 of Title 17. Failure to comply with this section shall be cause for immediate cessation of operations in the affected area and the immediate reopening of the highway in a safe manner. (e) Failure to comply with the lawful order to effect immediate cessation of operations and the reopening of the highway shall subject the violator to a fine of not less than $115 nor more than $575. (f) (1) The driver of a vehicle who violates any of the following sections of this title shall be fined not less than double the enumerated amount for a first offense when the violation occurs within any highway construction or maintenance area indicated by traffic-control devices: a. Section 4102 of this title relating to obedience to traffic laws; b. Section 4103 of this title relating to obedience to authorized persons directing traffic; c. Section 4107 of this title relating to obedience to traffic-control devices; d. Section 4110 of this title relating to flashing signals; e. Section 4114 of this title relating to driving on the right side of roadway; f. Section 4115 of this title relating to passing vehicles proceeding in opposite directions; g. Section 4116 of this title relating to overtaking a vehicle on left; h. Section 4117 of this title relating to when overtaking on the right is permitted; i. Section 4118 of this title relating to limitations on overtaking on the left; j. Section 4119 of this title relating to further limitations on driving to the left of center of roadway; k. Section 4120 of this title relating to no-passing zones; l. Section 4122 of this title relating to driving on roadways laned for traffic; m. Section 4123 of this title relating to following too closely; n. Section 4164 of this title relating to stop signs and yield signs; o. Section 4168 of this title relating to general speed restrictions; p. Section 4169 of this title relating to specific speed limits; q. Section 4175 of this title relating to reckless driving; r. Section 4176 of this title relating to careless or inattentive driving; s. Section 4177 of this title relating to operation of vehicle while under the influence of alcohol and/or drugs; t. Section 4178 of this title relating to stopping, standing or parking; and u. Section 4184 of this title relating to limitations on backing. (2) As used in this subsection, the phrase “within any highway construction or maintenance area indicated by traffic-control devices” shall mean that area between the first traffic-control device informing road users of their approach toward a work zone area until the last traffic-control device indicating all restrictions are removed and normal vehicle operations can resume. The phrase shall also include detour routes for highway construction or maintenance marked by traffic-control devices. “Traffic-control devices” and “work zone” shall have the same meaning as adopted pursuant to § 147 of Title 17, as amended. “Highway construction and maintenance area” shall also include construction and maintenance for utilities or railroads within or adjacent to the highway rights-of-way. (3) Whenever practical, signs designed in compliance with regulations of the Department shall be appropriately placed to notify motorists that increased penalties apply for moving violations in construction or maintenance areas. However, the failure to post or an improper posting of such signs shall not be a defense to a violation of this section. 21 Del. C. 1953, §  4105; 54 Del. Laws, c. 160, §  1 ; 60 Del. Laws, c. 700, §  3 ; 67 Del. Laws, c. 342, §  1 ; 68 Del. Laws, c. 9, §  22 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 4106 Authorized emergency vehicles. (a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. (b) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this chapter; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the speed limits so long as the driver does not endanger life or property; (4) Disregard regulations governing direction of movement or turning in specified directions. (c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals meeting the requirements of this title, except that an authorized emergency vehicle operated as a police vehicle need not make use of such signals. (d) The driver of an emergency vehicle is not liable for any damage to or loss of property or for any personal injury or death caused by the negligent or wrongful act or omission of such driver except acts or omissions amounting to gross or wilful or wanton negligence so long as the applicable portions of subsection (c) of this section have been followed. The owner of such emergency vehicle may not assert the defense of governmental immunity in any action on account of any damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of such driver or owner. (e) Authorized emergency vehicles within the meaning of this chapter mean vehicles of a fire department, police vehicles, ambulances, vehicles used by a fire chief, deputy fire chief, assistant fire chief, chief engineer or fire police officer of any duly organized fire company in the performance of those duties, vehicles under the control of the Delaware State Fire Prevention Commission, the vehicle of the State Forester in the performance of the State Forester’s duties, the vehicle of the Forest Fire Control Supervisor in the performance of the Forest Fire Control Supervisor’s duties, the vehicles of the State Emergency Response Team in the performance of its duties, the vehicles of the Department of Correction, Bureau of Prisons and Bureau of Community Corrections in the performance of their respective duties, and emergency vehicles of state, federal, county or municipal departments or public service corporations as are designated or authorized by the Secretary of Safety and Homeland Security. 21 Del. C. 1953, §  4106; 54 Del. Laws, c. 160, §  1 ; 61 Del. Laws, c. 461, §  1 ; 63 Del. Laws, c. 162, §  1 ; 63 Del. Laws, c. 300, §  1 ; 68 Del. Laws, c. 251, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 89, §  281(a) ; 77 Del. Laws, c. 6, §  1 ; 83 Del. Laws, c. 224, § 1 ; 83 Del. Laws, c. 370, § 1 ; § 4107 Obedience to and required traffic-control devices. (a) The driver of any vehicle shall obey the instructions of any traffic-control device applicable thereto placed in accordance with this title, unless otherwise directed as authorized in § 4103 of this title, subject to the exceptions granted the driver of an authorized emergency vehicle in this title. (b) No provision of this chapter for which traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official traffic-control device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. This subsection shall not operate to relieve a driver of the duty to operate a vehicle with due regard to the safety of all persons using the highway. (c) Whenever a particular section does not state that traffic-control devices are required, such section shall be effective even though no traffic-control devices are erected or in place. (d) In the event a traffic-control signal is erected and maintained at a place other than an intersection, this title shall be applicable except as to those provisions which by their nature can have no application. (e) Whenever traffic-control devices are placed in position approximately conforming to the requirements of this title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (f) Any traffic-control device placed pursuant to this title and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this title, unless the contrary shall be established by competent evidence. 21 Del. C. 1953, §  4107; 54 Del. Laws, c. 160, §  1 ; 57 Del. Laws, c. 670, §  13A ; 60 Del. Laws, c. 701, §  10 ; 70 Del. Laws, c. 186, §  1 ; § 4108 Traffic-control signal legend. (a) Whenever traffic is controlled by official traffic-control signals showing different colored circular lights, color-lighted arrows, or color-lighted bicycle symbols, successively 1 at a time or in combination, only the colors green, red and yellow shall be used, except for pedestrian control signals, and such lights shall indicate and apply to drivers of vehicles, operators of bicycles and pedestrians as follows: (1) Green indication: a. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a traffic-control device at such place prohibits either such turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited. b. Unless otherwise directed by a pedestrian-control signal as provided in § 4109 of this title, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. (2) Circular yellow or yellow arrow: a. Vehicular traffic facing the circular yellow signal is thereby warned that a red signal for the previously permitted movement will be exhibited immediately thereafter. b. Vehicular traffic facing the yellow arrow signal shown alone or in combination with another indication is thereby warned that the previously displayed green arrow signal is being terminated. The yellow arrow signal may be followed by a red signal or a green signal. c. Pedestrians facing a yellow signal, unless otherwise directed by a pedestrian-control signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway. (3) Red indication: a. Vehicular traffic facing the red signal shall stop before crossing the stop limit, whether marked by sign or painted line, or if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown or as provided in paragraph (a)(3)b. of this section. b. When a traffic-control device is not in place prohibiting such turn, vehicular traffic facing a circular red signal may cautiously enter the intersection to turn right, or to turn left from a one-way roadway onto a one-way roadway. c. When turns on red are permitted, the right to proceed to turn after stopping shall be subject to the rule applicable after making a stop as at a stop sign. d. No pedestrian facing such signal shall enter the roadway unless the pedestrian can do so safely and without interfering with any vehicular traffic. (4) Green arrow or arrows: a. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. b. Vehicles facing such signals are thereby advised that other traffic movements may be prohibited from the lane or lanes that the signal indication controls. Making or attempting to make any prohibited movement is unlawful. c. Pedestrians facing such signals shall not enter the roadway unless they can do so safely and without interfering with any vehicular traffic. (5) Bicycle signals: Bicycle signals may include circular or arrow traffic signal indications designated as bicycle signals by an adjacent sign, and traffic indications in the shape of a bicycle. Circular and arrow bicycle signals shall have the same meaning as the corresponding circular and arrow signals as described in paragraphs (a)(1) through (a)(4) of this section, but shall only apply to a person operating a bicycle in a bicycle lane or path. Bicycle-shaped bicycle signals shall have the same meaning as the corresponding circular signals as described in paragraphs (a)(1) through (a)(4) of this section, but shall only apply to a person operating a bicycle in a bicycle lane or path. A person operating a bicycle in a general travel lane shall obey the circular and arrow traffic signals described in paragraphs (a)(1) through (a)(4) of this section. (b) When lane use control signals are placed over the individual lanes of roadway or highway, vehicular traffic may travel in any lane or lanes over which a green signal is shown, but shall not enter or travel in any lane or lanes over which a red signal is shown. Left turns may be made across such lane if not otherwise prohibited. Vehicular traffic shall move from any lane over which a steady amber signal is displayed as soon as the movement can be made in safety. Vehicular traffic may use a lane over which a flashing yellow signal is displayed for the purpose of making a left turn. (c) In the event that traffic signals are in place and no lighted indication is visible to an approaching driver, the approaching driver shall reduce speed and prepare to yield to other vehicles in or approaching the intersection. (d) Whoever violates this section shall be fined not less than $75 nor more than $115. Whoever violates paragraph (a)(3) of this section shall be fined not less than $75 nor more than $230. For each subsequent offense of paragraph (a)(3) of this section within 2 years, the person shall be fined not less than $100 nor more than $575, or imprisoned not less than 10 nor more than 60 days, or both. (e) Notwithstanding any provision of the Delaware Code to the contrary, any local government, municipality, town or county, whether incorporated or unincorporated, shall pay to the General Fund any sums collected under this section or any substantially conforming ordinances and regulations enacted by local authorities that exceed the maximum fine permitted under the law as it existed prior to the effective date of subsection (d) of this section. 21 Del. C. 1953, §  4108; 54 Del. Laws, c. 160, §  1 ; 58 Del. Laws, c. 430 ; 58 Del. Laws, c. 570 ; 60 Del. Laws, c. 701, §  11 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 407, §  1 ; 81 Del. Laws, c. 196, § 1 ; § 4109 Pedestrian-control signals. Whenever special pedestrian-control signals exhibiting the words or symbols “Walk” or “Don’t Start” or “Don’t Walk” are in place, such signals shall take precedence over pedestrian movements outlined in § 4108 of this title. Such signals shall apply as follows: (1) “Walk” or flashing “Walk”. — Pedestrians facing such signals may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the driver of all vehicles. (2) “Don’t Walk” or flashing “Don’t Walk” or “Don’t Start”. — No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed crossing on the walk signal shall proceed to the nearest sidewalk or safety island. 21 Del. C. 1953, §  4109; 54 Del. Laws, c. 160, §  1 ; 60 Del. Laws, c. 701, §  12 ; 70 Del. Laws, c. 186, §  1 ; § 4110 Traffic signals. (a) Whenever a flashing red, yellow or green signal is used in a traffic signal or with a traffic sign, it shall require obedience by vehicle traffic as follows: (1) Flashing red. — When a red lens is illuminated with intermittent flashes, drivers of vehicles shall stop before crossing the stop limit whether marked by a sign or painted line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop as at a stop sign. (2) Flashing yellow or green. — When a yellow or green lens is illuminated with intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signals only with caution. (b) In the event that flashing signals are in place and no lighted indication is visible to an approaching driver, the approaching driver shall reduce speed and prepare to yield to other vehicles in or approaching the intersection. If facing a stop sign, the approaching driver shall stop and proceed as from a stop sign. (c) This section shall not apply at railroad grade crossings. 21 Del. C. 1953, §  4110; 54 Del. Laws, c. 160, §  1 ; 60 Del. Laws, c. 701, §  13 ; 67 Del. Laws, c. 46, §  72 ; 70 Del. Laws, c. 186, §  1 ; § 4111 Display of unauthorized signs, signals or markings. (a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. (b) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising, and no person shall attach to any traffic sign or signal any other sign containing commercial advertising. (c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs, in compliance with § 1108 of Title 17. (d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. 21 Del. C. 1953, §  4111; 54 Del. Laws, c. 160, §  1 ; § 4112 Interference with official traffic-control devices or railroad signs or signals or other street signs. No person shall, without lawful authority, attempt to or, in fact alter, damage, deface, injure, twist, knock down, interfere with the operation of or remove any public roadway, bridge, drain, light, gate or traffic-control device, railroad sign or signal or other appurtenance or any inscription, shield or insignia thereon or any other part thereof or other type of highway signs erected by the State regardless of whether such sign is classified as regulatory or informational. Whoever violates this section shall, for the first offense, be fined not less than $57.50 nor more than $230, or imprisoned for not more than 10 days, or both. For each subsequent like offense committed within 2 years, the person shall be fined not less than $115 nor more than $460, or imprisoned for not more than 30 days, or both. Whoever violates this section shall in addition to any fine or incarceration make restitution to the State for actual costs incurred to replace the traffic-control device. 21 Del. C. 1953, §  4112; 54 Del. Laws, c. 160, §  1 ; 60 Del. Laws, c. 701, §  14 ; 62 Del. Laws, c. 383, §§  1-3 ; 68 Del. Laws, c. 9, §  23 ; 70 Del. Laws, c. 186, §  1 ; § 4112A Traffic control signal preemption devices. (a) As used in this section, “traffic control signal preemption device” means any device that emits a pulse of light or other signal that, when received by a detector attached to a traffic control signal alters or interferes with normal operation of the traffic control device. (b) Except as provided in subsection (d) or (e) of this section, a traffic control signal preemption device may not be installed on a motor vehicle, may not be transported in the passenger compartment of a motor vehicle, and may not be operated by the driver or passenger of a motor vehicle. No person who is not in a motor vehicle shall operate a traffic control signal preemption device. Violation of this subsection is an unclassified misdemeanor and upon arrest the device shall be seized and those convicted shall forfeit the traffic control signal preemption device and shall also be fined not less than $250 nor more than $750 and/or be sentenced to up to 3 months incarceration at Level V. (c) No one may sell a traffic control signal preemption device, whether or not installed in a vehicle, to any person or entity for any intended use other than operation as permitted under subsection (d) or (e) of this section. Violation of this subsection is a class A misdemeanor. (d) Installation of a traffic control signal preemption device is permitted on the following vehicles, and operation of the device is permitted as follows: (1) Law-enforcement vehicles registered to state, county, or local authorities, when responding to a bona fide emergency, when used in combination with sirens and/or flashing lights. (2) Vehicles registered to local fire departments and state or federal firefighting vehicles, when responding to a bona fide emergency, when used in combination with sirens and/or flashing lights. (3) Vehicles that are designed and used exclusively as ambulances, paramedic or rescue vehicles, when responding to a bona fide emergency, when used in combination with sirens and/or flashing lights. (4) Vehicles that are equipped and used exclusively as organ transport vehicles, when the transportation is declared an emergency by a member of the transplant team or a representative of the organ procurement organization, when used in combination with sirens and/or flashing lights. (5) Vehicles registered to the Delaware Emergency Management Agency when responding to a bona fide emergency, when used in combination with sirens and/or flashing lights. (6) Vehicles owned and operated by the Department of Transportation equipped to install, test and repair traffic signals when used for that express purpose. (7) Department of Transportation vehicles that are expressly authorized by the Secretary of the Department of Transportation. (e) Vehicles identified in paragraphs (d)(2) and (3) of this section may operate a traffic control preemption device when such vehicles are returning to their assigned duty station entranceways or driveways, but only to affect the operation of the traffic control signal or signals permitting direct access of such vehicles to their assigned duty stations’ entranceways or driveways. 74 Del. Laws, c. 231, §  1 ; 76 Del. Laws, c. 137, §  1 ; 78 Del. Laws, c. 89, §§  1, 2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 4114 Driving on right side of roadway; exceptions. (a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard; (3) Upon a roadway divided into 3 marked lanes for traffic under the rules applicable thereon; or (4) Upon a roadway designated and signposted for one-way traffic. (b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (c) Upon any roadway having 4 or more lanes for moving traffic and providing for 2-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by signs or markings designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under this section. This subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road, driveway or highway. 21 Del. C. 1953, §  4114; 54 Del. Laws, c. 160, §  1 ; 60 Del. Laws, c. 701, §  15 ; § 4114A Lane travel restrictions on certain roadways. (a) This section applies only to vehicles traveling on the portions of State Route 1 and Interstate 495 that are any of the following: (1) An “express highway,” as defined in § 101 of Title 17. (2) A “controlled-access facility,” as defined in § 172 of Title 17. (b) A vehicle may not travel in the left lane, except in any of the following circumstances: (1) When no other vehicle is traveling in the same lane less than 100 feet behind the vehicle. (2) When overtaking and passing another vehicle proceeding in the same direction under the rules governing overtaking and passing another vehicle. (3) When necessary to enter, leave, or continue on the roadway. (4) When necessary due to an obstruction. (5) When necessary in response to emergency conditions. (6) When necessary due to traffic conditions or congestion. (7) To comply with other law or regulation. (c) A vehicle with a gross vehicle weight rating of more than 26,000 pounds may only travel in the right-hand lane, except as provided in paragraphs (b)(2) through (b)(7) of this section. (d) An operator who refuses, fails, or neglects to comply with this section is subject to a civil penalty as follows: (1) For a first occurrence, a civil penalty of not less than $25 nor more than $75. (2) For a subsequent occurrence, a civil penalty of not less than $57.50 nor more than $95. 84 Del. Laws, c. 457, § 1 ; § 4115 Passing vehicles proceeding in opposite directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than 1 line of traffic in each direction each driver shall give to the other at least one half of the main-traveled portion of the roadway as nearly as possible. 21 Del. C. 1953, §  4115; 54 Del. Laws, c. 160, §  1 ; § 4116 Overtaking a vehicle or bicycle on the left. The following rules shall govern the overtaking and passing of vehicles and bicycles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: (1) On a roadway with at least 2 travel lanes proceeding in the same direction and if a travel lane proceeding in the same direction exists to the left, the driver of the overtaking vehicle shall, yielding the right-of-way and proceeding with caution, move completely into the lane to the left before passing. (2) On a roadway with only 1 travel lane proceeding in a given direction and where that travel lane is too narrow for an overtaking vehicle to travel safely side-by-side within the lane with the overtaken vehicle or bicycle, the driver of the overtaking vehicle shall move completely into the lane to the left before passing. The driver of the overtaking vehicle shall only make this movement if it can be accomplished while obeying the limitations described in §§ 4118 through 4120 of this title. (3) On a roadway with only 1 travel lane proceeding in a given direction and where that travel lane is both wide enough for an overtaking vehicle to travel safely side-by-side within the lane with the overtaken vehicle or bicycle and where the vehicle or bicycle to be overtaken is also positioned in the right part of the lane leaving sufficient space for safe passing within the travel lane, the driver of the overtaking vehicle shall: a. Reduce speed while passing in order to lessen the speed differential between the overtaking vehicle and the overtaken vehicle or bicycle; b. Pass to the left of the overtaken vehicle or bicycle at a reasonable and prudent distance, which shall in any case never be less than 3 feet; and c. Return to a normal position in the travel lane only when safely clear of the overtaken vehicle or bicycle. (4) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle or operator of an overtaken bicycle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the vehicle or bicycle until completely passed by the overtaking vehicle. (5) A person who violates this section by driving below the posted speed limit in the left lane of a multilane roadway when it impedes the ability of 1 or more vehicles to pass, except when such person is making a legal left turn or otherwise lawfully exiting the road to the left, shall be penalized as provided in § 4205 of this title. 21 Del. C. 1953, §  4116; 54 Del. Laws, c. 160, §  1 ; 70 Del. Laws, c. 186, §  1 ; 78 Del. Laws, c. 150, §  1 ; 78 Del. Laws, c. 395, §  1 ; 81 Del. Laws, c. 196, § 1 ; § 4117 When overtaking on the right is permitted. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under conditions permitting such movement in safety. In no event, except as permitted in subsection (c) and (d) of this section, shall such movement be made by driving off the roadway, main traveled portion, or regular moving traffic lane of the highway. (b) Overtaking and passing on the right, except as permitted herein, shall be unlawful: (1) When the vehicle overtaken is making or about to make a left turn; (2) Upon any roadway which is officially marked for more than 1 traffic lane in 1 direction; (3) Upon any roadway on which traffic is restricted to 1 direction of movement and the roadway is of sufficient width for 2 or more lanes of moving vehicles. (c) When the vehicle overtaken is making or about to make a left turn, the vehicle approaching from the rear may pass on the right using the shoulder if necessary. (d) When the overtaking vehicle is a Delaware Department of Transportation authorized vehicle or an emergency vehicle, as defined in § 4106(e) of this title, responding to an emergency, the overtaking vehicle may pass on the right using the shoulder if necessary. 21 Del. C. 1953, §  4117; 54 Del. Laws, c. 160, §  1 ; 60 Del. Laws, c. 701, §  16 ; 81 Del. Laws, c. 182, § 1 ; § 4118 Limitations on overtaking on the left. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable. 21 Del. C. 1953, §  4118; 54 Del. Laws, c. 160, §  1 ; 60 Del. Laws, c. 701, §  17 ; § 4119 Further limitations on driving to left of center of roadway. (a) No vehicle shall be driven on the left side of the roadway under the following conditions: (1) When approaching or upon a curve or the crest of a grade in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing, unless otherwise indicated by official traffic-control devices; (3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel. (b) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in § 4114(a)(2) of this title, nor to the driver of a vehicle turning left into or from an alley, private road, driveway or highway. 21 Del. C. 1953, §  4119; 54 Del. Laws, c. 160, §  1 ; 60 Del. Laws, c. 701, §  18 ; § 4120 No-passing zones; exceptions. (a) The Department of Transportation is authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof. (b) Where signs or markings are in place to define a no-passing zone, no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length; except as follows: (1) When reasonably necessary to avoid parked vehicles, pedestrians, animals, surface hazards or other obstructions on a roadway and where only 1 travel lane proceeding in a given direction exists but while still obeying the limitations described in §§ 4118 and 4119 of this title; (2) When reasonably necessary to pass a vehicle or bicycle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing and where only 1 travel lane proceeding in a given direction exists but while still obeying the limitations described in §§ 4118 and 4119 of this title; or (3) When making a left turn into or from an alley, private road, driveway or highway. 21 Del. C. 1953, §  4120; 54 Del. Laws, c. 160, §  1 ; 57 Del. Laws, c. 670, §  13A ; 60 Del. Laws, c. 701, §§  19, 20 ; 81 Del. Laws, c. 196, § 1 ; § 4121 One-way roadways and rotary traffic islands. (a) Upon a roadway where traffic-control devices establish one-way traffic, a vehicle shall be driven only in the direction designated. Such designation may be at all times or at such times as shall be indicated by traffic-control devices. (b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. (c) A driver about to enter a rotary traffic island shall yield the right-of-way to any vehicles passing around it. 21 Del. C. 1953, §  4121; 54 Del. Laws, c. 160, §  1 ; 57 Del. Laws, c. 670, §  13A ; 60 Del. Laws, c. 701, §  21 ; § 4122 Driving on roadways laned for traffic. Whenever any roadway has been divided into 2 or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (2) Upon a roadway which is divided into 3 lanes for 2-way traffic, a vehic