House Substitute 1 for House Bill 94
152nd General Assembly (Present)
Becomes effective upon date of signature of the Governor or upon date specified
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO USE OF ELECTRONIC SPEED ENFORCEMENT DEVICES.
The expectation for speed enforcement, under Delaware's Motor Vehicle statute, are Delaware's law enforcement agencies. It is not always possible for law enforcement officers to effectively enforce the speed limitations due to a number of factors, including, but not limited to, officer availability and safety. The original Act enabled the State, as well as counties and municipalities to more effectively enforce speed limits on roads in a residential district in which a Department of Transportation study, no more than 1 year old, documents that the 85th percentile speed on the road is 5 miles per hour or more than the posted speed limit or the road is in a designated work zone. For a violation to occur a motor vehicle must exceed the posted speed limit by 11 miles per hour or more. This Act would impose only civil penalties for violations and does not impose points on the owner or operator’s driver’s license. Jurisdiction for adjudicating alleged violations would be in the Justice of the Peace Court and there would only be a right of appeal to the Court of Common Pleas if the penalty exceeds $100. Any excess revenue not used for administration of the system, will be managed by the Office of Highway Safety and used only for purposes of education, enforcement, engineering and administration. This Act will sunset in 5 years if not extended by a subsequent act by the General Assembly. This Act is a substitute for and differs from House Bill No. 94 in that it eliminates enforcement by Delaware State Police, anywhere other than work zones, and limits approval and implementation of the speed monitoring system to residential districts in New Castle County and municipalities. This Act also requires payment of voluntary assessments to be made to the entity designated on the summons, which may be the Department of Safety and Homeland Security or the county or city where the speed camera was located.
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