Delaware General Assembly

Lieu/Substituted 6/8/23

If original bill has not been considered in committee, the substitute takes place of original bill. If original bill has been considered in committee, the substitute will be assigned to committee for consideration.

HS 1 for HB 94

3/28/23

Osienski

Sen. Mantzavinos, Walsh
Reps. Longhurst, Michael Smith, K. Williams

Sen. Hoffner, Lockman, Townsend
Reps. Gray, Heffernan, K. Johnson, Morrison, D. Short, Shupe, Yearick

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. This Act would enable 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.

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Takes effect upon being signed into law

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