LAWS OF DELAWARE
VOLUME 84
CHAPTER 304
152nd GENERAL ASSEMBLY
FORMERLY
HOUSE BILL NO. 409
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO UNIQUE VEHICLES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):
Section 1. Amend § 101, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 101. Words and phrases.
For the purposes of this title, unless the context otherwise clearly indicates:
(74) “Specialized Unique vehicle” shall mean a vehicle or motor vehicle which may be registered by the Division of Motor Vehicles, but with special restrictions as determined by the Division of Motor Vehicles.means a vehicle, frame, or body, which was not manufactured to meet all Federal Motor Vehicle Safety Standards (FMVSS) in effect for the model year in which it was manufactured. It includes a vehicle which at the time of registration does not meet the requirements of the Division of Natural Resources and Environmental Control (DNREC) emissions inspection program under Regulations 1126 or 1131 of Title 7 of the Delaware Administrative Code. A Unique vehicle may be registered and branded by the Division of Motor Vehicles and may have special restrictions as determined by the Division. A Unique vehicle includes a vehicle which is more than 25 years old, which was not originally manufactured for import into the United States, or which is not otherwise eligible to be titled and registered pursuant to Chapter 21 of this title.
Section 2. Amend § 2120A, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2120A. Registration of specializedUnique vehicles; fees; restrictions.
(a) The Division of Motor Vehicles may title and register a specializedUnique vehicle for operation on the roads of the State which willdoes not meet the Division’s standards for inspection or performance.emissions performance only when it is modified to meet all Federal Motor Vehicle Safety Standards (FMVSS) safety and equipment requirements and Division of Natural Resources and Environmental Control’s (DNREC’s) emissions inspection requirements under Regulations 1126 or 1131 of Title 7 of the Delaware Administrative Code which are in effect at the time of the initial application for titling or registering of the vehicle. The specializedA Unique vehicle shallmay be titled and registered with restrictions as determined by the Division to be in the best interest of highway safety.
(c) SpecializedA Unique vehicles shall be subject to annualan initial inspection in accordance with regulations as adopted by the Division of Motor Vehicles.
(d) SpecializedA Unique self-propelled vehicles shallmay not be registered unless such vehicles areis insured pursuant to §§ 2118 and 2902 of this title.
(e) A Unique unregistered vehicle title may be issued for proof of ownership only if the Unique vehicle does not meet the Division of Motor Vehicles’ inspection requirements, FMVSS safety and equipment requirements, or DNREC’s emission standards. A Unique unregistered vehicle title does not permit the operation of the Unique unregistered motor vehicle on the roads of the State or any other state in any capacity other than as specified in subsection (f).
(f) A Unique unregistered vehicle titled pursuant to subsection (e) shall be used only for participation in club activities, exhibits, tours, parades, and similar uses (a “Permitted use”). A Unique vehicle participating in a Permitted use must be insured as required by §§ 2118 and 2902 of this title. A Unique vehicle may not be used for general transportation and may not be operated on the roads of this State at any time other than when traveling to or from a Permitted use or actively participating in the Permitted use.
(g) The Division of Motor Vehicles shallmay not assign a Vehicle Identification Number (VIN) to a Unique vehicle that was assigned a VIN by the vehicle manufacturer unless it meets the requirements as described in this title. A dealership or manufacturer may not assign a VIN to a Unique vehicle unless the dealership or manufacturer are approved by National Highway Traffic Safety Administration (NHTSA) to assign VIN numbers, in accordance with 49 CFR Part 565.
(h) The owner of a Unique vehicle modified to meet all requirements outlined in this section and Chapter 43 of this title must apply to the Division of Motor Vehicles for a unique blue and gold identification plate which shall be displayed on the front of such vehicle in addition to the standard vehicle registration plate. The Division of Motor Vehicles has the authority to issue any additional regulations, rules, policies or procedures necessary to implement this Unique identification plate requirement.
(i) The onetime fee for the Unique vehicle identification plate described in subsection (h) shall be $50. This fee shall be in addition to any vehicle document fee, title fee, or onetime registration fee. Unique vehicle status shall be forfeited in the event of a transfer of ownership and the transferor shall surrender the special plate to the Division of Motor Vehicles. The purchaser of any previously titled or registered Unique vehicle must reapply for a Unique vehicle status at the time of any transfer. At the time of any post transfer titling or registration application, the Unique vehicle must meet the FMVSS, DNREC and all other requirements at the time of the new titling and/or registration application as if the Unique vehicle was being titled and or registered for the first time.
§2120B. Unique Vehicle safety requirements:
The Division of Motor Vehicles may promulgate regulations, rules, policies, or procedures necessary to implement the requirements of § 2120A of this title. The Division of Motor Vehicles may promulgate additional Regulations, rules, policies, and procedures which the Division determines are necessary to ensure that the titling, registration, and operation of a Unique vehicle on the roads of the State do not pose a safety risk to the motoring public.
Section 3. Amend § 2198, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2198. Inspection.
(c) A vehicle registered as a Unique vehicle, which includes a vehicle assigned a Unique unregistered vehicle title, is exempt from annual inspection. A Unique vehicle must pass an initial inspection prior to being registered as a Unique vehicle. A vehicle registered as a Unique vehicle shall be provided EXEMPT validating stickers in lieu of the usual expiration date stickers upon passing the initial inspection.
Approved July 17, 2024