CHAPTER 10
STATE REVENUE - MOTOR VEHICLES
AN ACT concerning Motor Vehicles and making Uniform the Law relating Thereto.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
ARTICLE 1. DEFINITION OF TERMS
TITLE I
Section 1. (Definition).
The following words and phrases when used in this Act shall, for the purpose of this Act, have the meanings respectively ascribed to them in this section except in those instances where the context clearly indicates a different meaning.
(a) "Vehicle." Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(b) "Motor Vehicle." Every vehicle, as herein defined, which is self-propelled.
(c) "Motorcycle." Every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term "tractor" as herein defined.
(d) "Truck Tractor." Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(e) "Farm Tractor." Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
(f) "Road Tractor." Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon independently or any part of the weight of a vehicle or load so drawn.
(g) "Trailer." Every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.
(h) "Semi-trailer." Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle.
(i) "Specially Constructed Vehicle." Any vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles.
(j) "Essential Parts." All integral parts and body parts, the removal, alteration or substitution of which tend to conceal the identity or substantially alter the appearance of the vehicle.
(k) "Reconstructed Vehicle." Any vehicle which shall have been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models and types, or which, if originally otherwise constructed, shall have been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles.
(l) "Foreign Vehicle." Every motor vehicle, trailer or semi-trailer which shall be brought into this state otherwise than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in this State.
(m) "Pneumatic Tires." All tires inflated with compressed air.
(n) "Solid Rubber Tire." Every tire made of rubber other than a pneumatic tire.
(o) "Metal Tires." All tires the surface of which on contact with the highway is wholly or partly of metal or other hard, non-resilient material.
(p) "Person." Every natural person, firm, co-partnership, association or corporation.
(q) "Owner." A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Act.
(r) "Non-resident." Every person who is not a resident of this State.
(s) "Manufacturer." Every person engaged in the business of manufacturing motor vehicles, trailers, or semi-trailers.
(t) "Dealer." Every person engaged in the business of buying, selling, or exchanging motor vehicles, trailers or semitrailers in this state and having an established place of business in this state.
(u) "Highway." Every way or place of whatever nature open to the use of the public as a matter or right for purposes of vehicular travel. The term "highway" shall not be deemed to include a roadway or driveway upon grounds owned by private persons, colleges, universities or other institutions.
(v) "Department." The vehicle department of this state acting directly or through its duly authorized officers and agents.
(w) "Commissioner." The vehicle commissioner of this state.
(x) "Used Vehicle." Every motor vehicle, which has been sold, bargained, exchanged, given away or title transferred from the person who first acquired it from the manufacturer or importer, dealer or agent of the manufacturer or importer, and so used as to have become what is commonly known as "second hand" within the ordinary meaning thereof.
(y) "State." A state, territory, organized or unorganized, or district of the United States of America.
(z) "Operator." Every person, other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway.
(aa) "Chauffeur." Every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property.
(bb) "Private Road or Driveway." Every road or driveway not open to the use of the public for purposes of vehicular travel.
(cc) "Intersection." The area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of two or more highways which join one another at an angle, whether or not one such highway crosses the other.
(dd) "Safety Zone." The area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.
(ee) "Right of Way." The privilege of the immediate use of the highway.
(ff) "Local Authorities." Every county, municipal and other local board or body having authority to adopt local police regulations under the constitution and laws of this State.
ARTICLE 2 REGISTRATION
TITLE I
VEHICLE COMMISSIONER
Section 2. (Secretary of State to Perform Duties of Vehicle Commissioner.)
The Secretary of State is hereby designated as the vehicle commissioner of this state; and he shall have all powers and perform such duties as are herein imposed upon the vehicle commissioner.
Section 3. (Duties of Department and Vehicle Commissioner.)
(a) It shall be the duty of the Department and all officers thereof to enforce the provisions of this act, unless otherwise designated in this act or by other laws of this State.
(b) The vehicle commissioner is hereby authorized to adopt and enforce such administrative rules and regulations and to designate such agencies as may be necessary to carry out the provisions of this act except as otherwise provided in this act, or by other laws of this State. He shall also provide suitable forms for applications, registration cards, license number plates and all other forms requisite for the purposes of this Act, and shall prepay all transportation charges thereon.
Section 4. (Offices of Department.)
The vehicle commissioner shall maintain an office in Dover and such other places in the State as he shall deem necessary, properly to carry out the provisions of this act.
Section 5. (Records of Department.)
All registration and license records in the offices of the Department shall be public records and open to inspection by the public during business hours.
Section 6. (Publication or Posting of Records.)
The Department, as often as practicable but at least once each month, shall either publish or post upon public bulletin boards in each of its offices a record of stolen and recovered motor vehicles and of suspensions and revocations of operators' and chauffeurs' licenses and shall furnish copies of such records to the State Highway Police, Wilmington Department of Public Safety and sheriffs' offices throughout the State, and shall forward copies of stolen and recovered motor vehicle records to the vehicle commissioner of each state.
TITLE II
REGISTRATION OF MOTOR VEHICLES, TRAILERS AND SEMI-TRAILERS
Section 7. (Owner to Secure Registration.)
(a) Every owner of a motor vehicle, trailer or semi-trailer intended to be operated upon any highway in this State shall, before the same is so operated, apply to the Department for and obtain the registration thereof, except when an owner is permitted to operate a vehicle under the special provisions relating to lien holders, manufacturers, dealers and non-residents contained in Sections 15 (d), 16 and 18 of this Act.
(b) The Department may make and enforce regulations providing that upon proper application for the registration of a vehicle, either new or after a transfer, such vehicle may be operated upon the highways under a temporary permit issued by the Department or a duplicate application carried in the vehicle or when purchased from a dealer then under dealers' plates issued under Section 16 of this Act for a period of 5 days pending the granting or refusal of complete registration and receipt of registration number plates. Dealer shall furnish purchaser with form of receipt, showing date of sale, which receipt must be carried with car during 5 day period.
Section 8. (Application for Registration.)
(a) Application for the registration of a vehicle required to be registered hereunder shall be made by the owner thereof upon the appropriate form approved or furnished by the Department and every application shall be signed by the owner and contain his residence address and a brief description of the vehicle to be registered, including the name of the maker, type of car, horse power of engine, the engine and serial number whether new or used and the last license number, if known, and the state in which issued and, upon the registration of a new vehicle, the date of sale by the manufacturer or dealer to the person first operating such vehicle. The application shall contain such other information as may be required by the Department, and be certified to by the applicant by oath or affirmation.
(b) In the event that the vehicle, for which registration is applied, is a specially constructed, reconstructed or foreign vehicle, such fact shall be stated in the application, and with reference to every foreign vehicle which has been registered theretofore outside of this State, the owner shall exhibit to the Department the certificate of title and registration card or other evidence of such former registration as may be in the applicant's possession or control or such other evidence as will satisfy the Department that the applicant is the lawful owner or possessor of the vehicle.
(c) In the event that the owner of a motor vehicle for which registration is applied rents or intends to rent such motor vehicle without a driver, such fact shall be stated in the application and the Department shall not register such vehicle until and unless the owner shall agree to carry insurance or cause insurance to be carried as provided in Section 21 of this Act or if the owner shall fail to make such agreement until and unless the owner shall demonstrate to the Department his financial ability to respond in damages as follows:
(1) If he apply for registration of one motor vehicle, in the sum of at least five thousand dollars for any one person injured or killed and in the sum of ten thousand dollars for any number more than one injured or killed in any one accident;
(2) If he apply for the registration of more than one motor vehicle, then in the foregoing sums for one motor vehicle and five thousand dollars additional for each motor vehicle in excess of one; but it shall be sufficient for the owner to demonstrate his ability to respond in damages in the sum of one hundred thousand dollars for any number of motor vehicles.
The Department shall cancel the registration of any motor vehicle rented without a driver whenever the Department ascertains that the owner has failed or is unable to comply with the requirements of this subdivision (c).
Section 9. (Register of Applicants to be Kept by Department.)
The Department shall file each application received, and when satisfied as to the genuineness and regularity thereof, and that the applicant is entitled thereto, shall register the vehicle therein described and the owner thereof in suitable books or on index cards as follows:
1. Under a distinctive registration number assigned to the vehicle and to the owner thereof hereinafter referred to as the registration number;
2. Alphabetically under the name of the owner;
3. Numerically and alphabetically under the engine number and name of the vehicle.
Section 10. (Registration cards.)
(a) The Department, upon registering a vehicle, shall issue to the owner a registration card which shall contain upon the face thereof the date issued, the registration number assigned to the owner and to the vehicle, the name and address of the owner, also a description of the registered vehicle, including the engine number thereof, and with reference to every new vehicle hereafter sold in this State, the date of sale by the manufacturer or dealer to the person first operating such vehicle and such other statement of facts as may be determined by the Department.
(b) The registration card shall contain upon the reverse side a form for endorsement of notice to the Department upon transfer of the vehicle.
(c) The owner, upon receiving the registration card, shall sign the usual signature or name of such owner with pen and ink in the space provided upon the face of such card.
Section 11. (Registration Card to be Carried.)
The registration card issued for a vehicle required to be registered hereunder shall at all times while the vehicle is being operated upon a highway within this State be in the possession of the operator or chauffeur thereof or carried in the vehicle and subject to inspection by any peace officer. Provided, however, an operator or chauffeur shall be allowed 24 hours to produce the registration card before a conviction can be obtained under this provision, said registration to have been legally issued at a time prior to his or her arrest.
Section 12. (Number Plates to be Furnished by Department.)
(a) The .Department shall also furnish to every owner whose vehicle shall be registered one number plate for a motorcycle, trailer or semi-trailer and two number plates for every other motor vehicle and trailer. The commissioner shall have authority to require the return to the Department of all number plates upon termination of the lawful use thereof by the owner, under this Act.
(b) Every number plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, also the name of this State which may be abbreviated and the year number for which it is issued. Such plate and the required letters and numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of one hundred feet during daylight.
(c) The Department shall issue for every passenger motor vehicle, rented without a driver, the same type of number plates as the type of plates issued for private passenger vehicles.
Section 13. (Display of Plates.)
(a) Number plates assigned to a motor vehicle other than a motorcycle shall be attached thereto, one in front and the other in the rear. The number plate assigned to a motorcycle, trailer or semi-trailer shall be attached to the rear thereof. Number plates shall be so displayed during the current registration year, except as otherwise provided in Section 15.
(b) Every number plate shall at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than twelve inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible.
Section 14. (Renewal of Registration.)
(a) Every vehicle registration under this Act shall expire December thirty-first each year and shall be renewed annually upon application by the owner and by payment of the fees required by law, such renewal to take effect on the first day of January each year.
(b) An owner who has made proper application for renewal of registration of a vehicle previous to January first but who has not received the number plates, plate or registration card for the ensuing year shall be entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plates or plate issued for the preceding year for such time to be prescribed by the Department as it may find necessary for issuance of such new plates. An owner who has made proper application for renewal of registration of a vehicle previous to January first for the ensuing year, shall be entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plate or plates issued for the ensuing year during the last 15 days of December of the current year.
Section 15. (Registration Expires on Transfer.)
(a) Whenever the owner of a vehicle registered under the foregoing provisions of this Act transfers or assigns his title or interest thereto the registration of such vehicle shall expire and such owner shall remove the number plates therefrom and forward the same to the Department or may have such plates and the registration number thereon assigned to another vehicle upon payment of the fees required by law and subject to the rules and regulations of the Department. Should the original owner make application for the registration of another motor vehicle within the period for which original registration was issued, accompanied by the fee of one dollar, he shall be assigned the number previously issued to him.
(b) An owner upon transferring a registered vehicle shall endorse the name and address to the transferee and the date of transfer upon the reverse side of the registration card issued for such vehicle and shall immediately forward such card to the Department.
(c) The transferee, before operating or permitting the operation of such vehicle upon a highway, shall apply and obtain the registration thereof as upon an original registration, except as provided in Section 16. In the event the Department does not receive the former registration card properly endorsed, as provided in sub-section (b), the Department may re-register the vehicle provided it is satisfied as to the genuineness and the regularity of the transfer.
(d) In the event of the transfer by operation of law of the title or interest of an owner in and to a vehicle as upon inheritance, devise or bequest, order in bankruptcy or insolvency, or execution sale the registration thereof shall expire and the vehicle shall not be operated upon the highways until and unless the person entitled thereto shall apply for and obtain the registration thereof, except that an administrator, executor, trustee or other representative of the owner, or a sheriff or other officer, or the assignee or legal representative of any such person may operate or cause to be operated any vehicle upon the highways for a distance not exceeding 125 miles from the place where formerly kept by the owner to a garage, warehouse or other place of keeping or storage, upon displaying upon such vehicle the number plates issued to the former owner. The license plates shall then be removed from the vehicle and delivered to the motor vehicle department.
Section 16. (Registration by Manufacturers and Dealers.)
(a) A manufacturer of or dealer in motor vehicles, trailers or semi-trailers, owning or operating any such vehicle upon any highway in lieu of registering each such vehicle may obtain from the Department upon application therefor upon the proper official form and payment of the fees required by law and attach to each such vehicle one or duplicate number plates, as required for different classes of vehicles by Section 12 (a), which plate or set of plates shall each bear thereon a distinctive number, also the name of this State, which may be abbreviated, and the year for which issued, together with the word "dealer" or a distinguishing symbol indicating that such plate or plates are issued to a manufacturer or dealer, and any such plates so issued may, during the calendar year for which issued, be transferred from one such vehicle to another owned or operated by such manufacturer or dealer who shall keep a written record of the vehicles upon which such dealers' number plates are used and the time during which each set of plates is used on a particular vehicle, which record shall be open to inspection by any police officer or any officer or employee of the Department.
(b) No manufacturer of or dealer in motor vehicles, trailers or semi-trailers shall cause or permit any such vehicle owned by such person to be operated or moved upon a public highway without there being displayed upon such vehicle a number plate or plates issued to such person either under Section 12 or under this Section, except as otherwise authorized in subdivision (c) or (d) of this Section.
(c) Any manufacturer of motor vehicles, trailers or semitrailers may operate or move or cause to be operated or moved upon the highways for a distance of seventy-five miles or for such further distance as may be authorized by the commissioner any such vehicle, from the factory where manufactured, to a railway depot, vessel or place of shipment or delivery without registering the same and without number plates attached thereto under a written permit first obtained from the local police authorities having jurisdiction over such highways, and upon displaying in plain sight upon front and rear of each such vehicle a placard bearing the name and address of the manufacturer authorizing or directing such movement, and plainly readable from a distance of one hundred feet during daylight.
(d) Any dealer in motor vehicles, trailers or semi-trailers may operate or move, or cause to be operated or moved, any such vehicle upon the highways for a distance of twenty-five miles, or for such further distance as may be authorized by the commissioner from a vessel, railway depot, warehouse or any place of shipment to a sales room, warehouse or place of shipment, or trans-shipment without registering such vehicle and without number plates attached thereto, under a written permit first obtained from the local police authorities having jurisdiction over such highways and displaying in plain sight upon each such vehicle a placard bearing the name and address of the dealer authorizing and directing such movement, and plainly readable from a distance of one hundred feet during daylight.
Section 17. (Manufacturer to Give Notice of Sale or Transfer.)
Every manufacturer or dealer, upon transferring a motor vehicle, trailer or semi-trailer, whether by sale, lease or otherwise, to any person other than a manufacturer or dealer, shall immediately give written notice of such transfer to the Department upon the official form provided by the Department. Every such notice shall contain the date of such transfer, the names and addresses of the transferer and transferee and such description of the vehicle as may be called for in such official form.
Section 18. (Registration by Non-Residents.)
(a) Non-resident owner, except as otherwise provided in this section, owning any foreign vehicle which has been duly registered for the current calendar year in the State, country or other place of which the owner is a resident and which at all times when operated in this State has displayed upon it the number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this State without registering such vehicle or paying any fees to this State.
(b) A non-resident owner of a foreign vehicle operated within this State for the transportation of persons or property for compensation or for the transportation of merchandise, either regularly according to a schedule or for a consecutive period exceeding thirty days, shall register such vehicle and pay the same fees therefor as is required with reference to like vehicles owned by residents of this State.
(c) Every non-resident, including any foreign corporation carrying on business within this State and owning and regularly operating in such business any motor vehicle, trailer or semi-trailer within this State, shall be required to register each such vehicle and pay the same fees therefor as is required with reference to like vehicles owned by residents of this State. Provided, however, that non-residents of this State shall be entitled to the same exemptions from the provisions of this section as is granted to the citizen of this State by the Laws of the State in which said non-residents reside.
Section 19. (Lost Certificates or Number Plates – Duplicates to be Obtained.)
In the event that any number plate or registration card issued hereunder shall be lost, mutilated or shall have become illegible, the person who is entitled thereto shall make immediate application for and obtain a duplicate or substitute therefor upon furnishing information of such fact satisfactory to the Department and upon payment of the required fees.
Section 20. (Department to Suspend Registration Upon Notice of Theft or Embezzlement.)
Whenever the owner of any motor vehicle, trailer or semitrailer which is stolen or embezzled files an affidavit alleging either said fact with the Department, it shall immediately suspend the registration of such vehicle and shall not transfer the registration of or re-register such vehicle until such time as it shall be notified that the owner has recovered such vehicle, but notices given as heretofore provided shall be effective only during the current registration year in which given, but if during such year such vehicle is not recovered a new affidavit may be filed with like effect during the ensuing year. Every owner who has filed an affidavit of theft or embezzlement must immediately notify the Department of the recovery of such vehicle.
Section 21. (Owners of For Rent Cars Liable for Negligence of Drivers.)
(a) The owner of a motor vehicle engaged in the business of renting motor vehicles without drivers, who rents any such vehicle without a driver to another, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, permitting the renter to operate the vehicle upon the highways and who does not carry or cause to be carried public liability insurance in an insurance company or companies approved by the insurance commissioner of this State insuring the renter against liability arising out of his negligence in the operation of such rented vehicle in limits of not less than $5,000 for any one killed or injured and $10,000 for any number more than one injured or killed in any one accident and against liability of the renter for property damage in the limit of not less than $1,000 for one accident, shall be jointly and severally liable with the renter for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of renting the vehicle from the owner, except that the forgoing provisions shall not confer any right of action upon any passenger in any such rented vehicle as against the owner, but nothing herein contained shall be construed to prevent the introduction as a defense of (comparative or) contributory negligence to the extent to which such defense is allowed in other cases. Such policy of insurance shall inure to the benefit of any person operating the vehicle by or with the permission of the person so renting the vehicle in the same manner and under the same conditions and to the same extent as to the renter. The insurance policy or policies above referred to need not cover any liability incurred by the renter of any vehicle to any passenger in such vehicle provided the owner upon renting any such vehicle without driver to another shall give to the renter a written notice of the fact that such policy or policies do not cover the liability which the renter may incur on account of his negligence in the operation of such vehicle to any passenger in such vehicle.
When any suit or action is brought against the owner under this section, it shall be the duty of the judge or court before whom the case is pending to cause a preliminary hearing to be had in the absence of the jury for the purpose of determining whether the owner has provided or caused to be provided insurance covering the renter in the limits above mentioned. Whenever it appears that the owner has provided, or caused to be provided, insurance covering the renter in the sums above mentioned, it shall be the duty of the judge or court to dismiss as to the owner the action brought under this section.
(b) It shall be unlawful for the owner of any motor vehicle engaged in the business of renting motor vehicles without drivers, to rent a motor vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, unless he shall have previously notified the Department of the intention to so rent such vehicle and shall have complied with the requirements as to the showing of his financial responsibility as provided in Section 8 (c) of this Act.
Section 22. (Owner of For Rent Cars to Maintain Records.)
Every person engaged in the business of renting motor vehicles without drivers who shall rent any such vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, shall maintain a record of the identity of the person to whom the vehicle is rented and the exact time the vehicle is the subject of such rental or in possession of the person and it shall be a misdemeanor for any such owner to fail to make or have in possession or to refuse an inspection of the record required in this Section. If the commissioner prescribes a form for the keeping of the record provided for in this Section the owner shall use said form.
TITLE III REFUSAL OR CANCELLATION OF REGISTRATIONS AND VIOLATIONS OF PROVISIONS RELATING THERETO
Section 23. (When Registration Shall be Refused.)
The Department shall not grant an application for the registration of a vehicle in any of the following events:
(a) When the applicant therefor is not entitled thereto under the provisions of this Act.
(b) When the applicant has neglected or refused to furnish the Department with the information required in the appropriate official form or reasonable additional information required by the Department.
(c) When the fees required therefor by law have not been paid.
Section 24. (When Registration Shall be Rescinded.)
(a) The Department shall rescind and cancel the registration of any vehicle which the Department shall determine is unsafe or unfit to be operated or is not equipped as required by law.
(b) The Department shall rescind and cancel the registration of a vehicle whenever the person to whom the registration card or registration number plates therefor have been issued shall make or permit to be made any unlawful use of the same or permit the use thereof by a person not entitled thereto.
Section 25. (Violations of Registration Provision.)
It shall be unlawful for any person to commit any of the following acts:
First: To operate or for the owner thereof knowingly to permit the operation upon a highway of any motor vehicle, trailer or semi-trailer which is not registered or which does not have attached thereto and displayed thereon the number plate or plates assigned thereto by the Department for the current registration year, subject to the exemptions allowed in Sections 15 (d), 16 and 18 of this Act.
Second: To display or cause or permit to be displayed or to have in possession any registration card, or registration number plate knowing the same to be fictitious or to have been cancelled, revoked, suspended or altered.
Third: To lend to or knowingly permit the use by one not entitled thereto any registration card or registration number plate issued to the person so lending or permitting the use thereof.
Fourth: To fail or refuse to surrender to the Department, upon demand, any registration card or registration number plate which has been suspended, cancelled or revoked as in this Act provided.
Fifth: To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application.
TITLE IV REGISTRATION FEES
Section 26. (Registration Fees.)
There shall be paid to the Department for the registration of motor vehicles, trailers and semi-trailers, fees according to the following schedule:
For the registration of any motorcycle the fee shall be Five Dollars ($5.00).
For other motor vehicles the fee shall be Two Dollars ($2.00) for every 500 pounds or fraction thereof of the gross load weight of the vehicle. The gross load weight shall be the weight of chassis, body, equipment and maximum allowable load as specified by the manufacturer.
The gross load weight of a vehicle, the use of which is for pleasure or for the chief purpose of carrying persons, shall be ascertained by multiplying the maximum number of persons the vehicle is provided to carry, by one hundred and twenty-five pounds and adding the result thereby obtained to the weight of the vehicle as specified in the application.
The fee to be paid for the registration of a convertible vehicle shall be estimated upon that gross load weight, which shall be the greater, whether of the vehicle as a carrier of persons or a carrier of property.
The fees for registering motor vehicles at any period between August 1st, and December 15th shall be 50% of those as above enumerated.
The fee for licensed manufacturers or dealers shall be Twenty-five Dollars ($25.00) for first registration (to cover 2 sets of plates) and Ten Dollars ($10.00) for each additional set of plates.
Section 27. (Exempt from Registration Fees.)
Motor vehicles owned by incorporated municipalities, and ambulance and firefighting apparatus must be registered, but shall be exempt from paying any fee for same, the commissioner to provide suitable plates for such vehicles.
TITLE V UNLAWFUL TAKING, TRANSFER OF OR INJURY TO VEHICLE
Section 28. (Driving Vehicle Without Owner's Consent.)
Any person who shall drive a vehicle, not his own, without the consent of the owner thereof, and with intent temporarily to deprive said owner of his possession of such vehicle, without intent to steal the same, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in Section 33, of this Act. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owner's consent on a previous occasion to the taking or driving of such vehicle by the same or a different person. Any person who assists in, or is a party or accessory to or an accomplice in any such unauthorized taking or driving, shall also be guilty of a misdemeanor, and upon conviction shall be punished as provided in Section 33 of this Act.
Section 29. (Receiving or Transferring Stolen Vehicle.)
Any person who with intent to procure or pass title to a motor vehicle which he knows or has reason to believe has been stolen, shall receive or transfer possession of the same from or to another, or who shall have in his possession any motor vehicle which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as such officer, shall be guilty of a felony and upon conviction shall be punished as provided in Section 33 of this Act.
Section 30. (Injuring Vehicle.)
Any person who shall individually, or in association with one or more others, willfully break, injure, tamper with or remove any part or parts of any vehicle for the purpose of injuring, defacing or destroying such vehicle, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vehicle or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle shall be guilty of a misdemeanor.
Section 31. (Tampering with Vehicle.)
Any person who shall without the consent of the owner or person in charge of a vehicle climb into or upon such vehicle with the intent to commit any crime, malicious mischief or injury thereto, or who while a vehicle is at rest and unattended shall attempt to manipulate any of the levers, starting crank or other starting device, brakes or other mechanism thereof, or to set said vehicle in motion, shall be guilty of a misdemeanor, except that the foregoing provisions shall not apply when any such act is done in an emergency in furtherance of public safety or convenience or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.
TITLE VI PENALTIES UNDER ARTICLE II (Registration)
Section 32. (Penalty for Misdemeanor under ArticleII.)
(a) It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of Article II of this act unless such violation is by this Act or other law of this State declared to be a felony.
(b) Every person convicted of a misdemeanor for the violation of any provision of Article 2 of this Act shall be punished for the first offense by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) or by imprisonment for not less than thirty (30) days, nor more than ninety (90) days, or by both such fine and imprisonment and shall be punished for each subsequent like offense by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00) or by imprisonment for not less than ninety (90) days nor more than six (6) months, or by both such fine and imprisonment.
Section 33. (Penalty for Felony under Article II.)
Any person who shall be convicted of a violation of any of the provisions of Article II of this Act herein or by the laws of this State declared to constitute a felony shall, unless a different penalty is prescribed by the laws of this State, be punished by imprisonment for a term not less than one year nor more than five years, or by a fine of not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00), or by both such fine and imprisonment.
ARTICLE III TITLING AND ANTI-THEFT
TITLE I CERTIFICATES OF TITLE AND REGISTRATION CARDS
Section 34. (Certificates of Title Must be Obtained for Registered Vehicles.)
(a) The Department shall not register or renew the registration of any motor vehicle, unless and until the owner thereof shall make application for and be granted an official certificate of title for such vehicle or present satisfactory evidence that a certificate of title for such vehicle has been previously issued to such owner by the Department.
(b) The owner of a motor vehicle registered in this State shall not operate or permit the operation of any such vehicle upon any highway without first obtaining a certificate of title therefor from the Department, nor shall any person operate any such vehicle upon the highways knowing or having reason to believe that the owner has failed to obtain a certificate of title therefor and any person violating this sub-section shall be punished as provided in Section 49 of this Act.
Section 35. (Application for a Certificate of Title.)
(a) The application for a certificate of title shall be made upon the appropriate form furnished or approved by the Department and shall contain a full description of the motor vehicle including the name of the maker, the engine and serial numbers and any distinguishing marks thereon and whether the vehicle is new or used, together with a statement of the applicant's title and of any liens or encumbrances upon said vehicle and the name and address of the person to whom the certificate of title shall be delivered and such other information as the Department may require (and every application shall be accompanied by a fee of one dollar, which shall be in addition to any fee charged for the registration of such vehicle.)
Whenever a new motor vehicle is purchased from a dealer the application for a certificate of title shall include a statement of transfer by the dealer and of any lien retained by such dealer.
(b) The owner shall verify every application for a certificate of title before a person authorized to administer oaths, and officers and employees of the Department designated by the Commissioner are hereby authorized to administer oaths and it is their duty to do so without a fee for the purpose of this Act.
Section 36. (Department to Issue Certificate of Title.)
(a) The Department shall maintain an engine number index of registered motor vehicles and upon receiving an application for a certificate of title shall first check the engine number shown in the application against said index and against the Stolen and Recovered Motor Vehicle Index, required to be maintained by Section 43 of this Act. The Department when satisfied that the applicant is the owner of the vehicle, shall thereupon issue in the name of the owner a certificate of title bearing a serial number and the signature of the Commissioner and the seal of his office and setting forth the date of issue and a description of the vehicle as determined by the Department, together with a statement of the owner's title and of all liens or encumbrances upon the vehicle therein described and whether possession is held by the owner under a lease, contract of conditional sale, or other like agreement. The certificate of title shall also contain, upon the reverse side, forms for assignment of title or interest and warranty thereof by the owner with space for notation of liens and encumbrances upon such vehicle at the time of a transfer. The Department shall deliver the certificate of title to the person designated for that purpose in the application.
(b) The said certificate shall be good for the life of the vehicle so long as the same is owned or held by the original holder of such certificate.
Section 37. (Endorsement and Delivery of Certificate of Title upon a Transfer of Title or Interest.)
(a) The owner of a motor vehicle for which a certificate of title is required hereunder shall not sell or transfer his title or interest in or to such vehicle unless he shall have obtained a certificate of title thereto nor unless having procured a certificate of title he shall in every respect comply with the requirements of this Section and any person who violates the previsions of this Section shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Section 49.
(b) The owner of a motor vehicle who transfers or sells his title or interest in or to such motor vehicle shall endorse an assignment and warranty of title upon the certificate of title for such vehicle with a statement of all liens or encumbrances thereon (which statement shall be verified under oath by the owner) and the owner shall deliver the certificate of title to the purchaser or transferee at the time of delivering the vehicle.
(c) The transferee except as provided in the next succeeding paragraph shall thereupon present such certificate endorsed and assigned as aforesaid to the Department (accompanied by a transfer fee of one dollar) and make application for and obtain a new certificate of title for such vehicle.
(d) When the transferee of a vehicle is a dealer who holds the same for resale and operates the same only for purposes of demonstration under dealer's number plates, or when the transferee does not drive such vehicle nor permit such vehicle to be driven upon the highways, such transferee shall not be required to forward the certificate of title to the Department, as provided in the preceding paragraph, but such transferee upon transferring his title or interest to another person shall execute (and acknowledge) an assignment and warranty of title upon the certificate of title and deliver the same to the person to whom such transfer is made.
(e) Whenever the ownership of any motor vehicle shall pass otherwise than by voluntary transfer, the new owner may obtain a certificate of title therefor from the Department upon application therefor (and payment of a fee of one dollar) accompanied with such instruments or documents of authority, or certified copies thereof, as may be required by law to evidence or effect a transfer of title or interest in or to chattels in such case. The Department, when satisfied of the genuineness and regularity of such transfer shall issue a new certificate of title to the person entitled thereto.
Section 38. (Department to Maintain Transfer File.)
The Department shall retain and appropriately file every surrendered certificate of title, such file to be so maintained as to permit the tracing of title of the vehicles designated therein.
Section 39. (Refusal to Issue Certificate of Title or Recission of Certificate of Title.)
If the Department shall determine that an applicant for a certificate of title to a motor vehicle is not entitled thereto, it may refuse to issue such certificate, and in that event unless the Department reverses its decision or its decision be reversed by a Court of competent jurisdiction, the applicant shall have no further right to apply for a certificate of title on the statements in said application. The Department may for a like reason after notice and hearing, revoke any outstanding certificate of title. Said notice shall be served in person or by registered mail. An appeal may be taken from any decision of the Department to the Superior Court.
Section 40. (Duplicate Certificates Where Original is Lost.)
It shall in the event of the loss of a certificate of title, the loss of which is accounted for to the satisfaction of the Department, a duplicate, or substitute may be issued (the charge therefor to be fifty cents).
Section 41. (Making False Statements.)
It shall be unlawful for any person knowingly to make any false statement in any application or other document required by the terms of this Act and any person violating this provision shall upon conviction be punished as provided in Section 49.
Section 42. (Altering or Forging Certificate of Title a Felony.)
Any person who shall alter with fraudulent intent any certificate of title or registration card issued by the Department, or forge or counterfeit any certificate of title or registration card purporting to have been issued by the Department under the provisions of this Act or who shall alter or falsify with fraudulent intent or forge any assignment thereof, or who shall hold or use any such certificate, registration card or assignment knowing the same to have been altered, forged or falsified, shall be guilty of a felony and upon conviction "thereof shall be punished as provided in Section 50.
TITLE II SPECIAL ANTI-THEFT PROVISIONS
Section 43. (Report of Stolen and Recovered Motor Vehicles.)
(a) Every county sheriff and every police commissioner and chief of police or peace officer of every jurisdiction, upon receiving information that a motor vehicle has been stolen or that a motor vehicle having been stolen has been recovered shall immediately report such information upon the appropriate official form to the Department.
(b) The Department shall file all such reports of stolen or recovered motor vehicles and appropriately index the same and shall also file similar reports received from other states. The Department at least once each month shall either publish or post upon public bulletin boards in each of its offices a report of stolen and recovered motor vehicles and shall furnish copies of such records to every county sheriff and the Department of Public Safety in the City of Wilmington and shall forward copies of such records to the motor vehicle department of each other state.
Section 44. (Altered or Changed Engine or Serial Number.)
(a) The owner of a motor vehicle, the engine or serial number of which has been altered, removed or defaced, may, within thirty days from the date this act takes effect, make application in form prescribed by the Department accompanied by a fee of one dollar for a special number. He shall furnish such information as will satisfy the Department that he is the owner, whereupon the Department shall assign a special number for the motor vehicle preceded by a symbol indicating this State. A record of special numbers so assigned shall be maintained by the Department. The title inspector shall stamp said number upon the engine or otherwise as directed by the Department and upon receipt by the Department of a certificate that he has inspected and stamped said number upon the motor vehicle as directed in a workmanlike manner, together with application for a certificate of title such special number shall be regarded as the engine or serial number of said motor vehicle.
(b) Any person who with fraudulent intent shall deface, destroy or alter the engine or serial number of a motor vehicle or shall sell or offer for sale any motor vehicle bearing an altered or defaced engine or serial number or a number other than the original or a number assigned as above provided, shall be guilty of a felony and upon conviction shall be punished as provided in Section 50 of this Act.
This Section is not intended to prohibit nor to prevent any manufacturer other than a dealer, from placing or stamping in the ordinary course of business, numbers on motor vehicles, or parts thereof removed or changed and replacing the numbered parts.
TITLE III LICENSES FOR DEALERS IN USED MOTOR VEHICLES
Section 45. (Dealers in Used Vehicles Must Be Licensed.)
(a) It shall be unlawful for any person to carry on or conduct the business of buying, selling or dealing in used motor vehicles, trailers or semi-trailers, unless licensed so to do by the Department under the provisions of this Act except that any manufacturer, or importer of motor vehicles or his subsidiary or selling agent may buy or take in trade and sell any used motor vehicle of his own without such license.
(b) Application for a dealer's license required hereunder shall be made upon the form prescribed by the Department and shall contain the name and address of the applicant and when the applicant is a partnership the name and address of each partner or when the applicant is a corporation the names of the principal officers of the corporation and the state in which incorporated and the place or places where the business is to be conducted and such other information as may be required by the Department. Every such application shall be verified by the oath or affirmation of the applicant if an individual or in the event the applicant is a partnership or corporation then by a partner or officer thereof.
(c) The Department before issuing a license shall collect from the applicant a fee of five dollars except that when application is made after July first of any year the fee for a license shall be three dollars.
Section 46. (Department to Issue License Certificate.)
(a) The Department upon receiving an application for a license accompanied by the proper fee and when satisfied that the applicant is of good character and so far as can be ascertained has complied with and will comply with the laws of this State with reference to the registration of vehicles and certificates of title therefor, shall issue to the applicant a license certificate which shall entitle the licensee to carry on and conduct the business of a dealer in used vehicles during the calendar year in which the license is issued. Every such license shall expire on December 31st of each year and may be renewed upon application and payment of the fee required herein.
(b) The Department may refuse to issue a license or after notice by registered mail to the licensee and a hearing, may cancel a license when satisfied that the applicant for a license or the licensee has failed to comply with the provisions of this Act.
Section 47. (Records of Purchases and Sales and Possessions of Certificates of Title.)
(a) Every licensee shall maintain a record in form as prescribed by the Department of every used motor vehicle, trailer, or semi-trailer bought, sold or exchanged, by the licensee or received or accepted by the licensee for sale or exchange, which record shall contain a description of every said vehicle, including the names of the maker, type, engine and serial number and other distinguishing marks and whether any numbers thereon have been defaced, destroyed, or changed and shall state with reference to each such vehicle the name and address of the person from whom purchased or received and when sold or otherwise disposed of by the licensee the name and address of the person to whom sold or delivered.
(b) Every licensee shall have in possession a separate certificate of title assigned to such licensee or other documentary evidence of his right to the possession of and for every motor vehicle in his possession.
TITLE IV PENALTIES UNDER ARTICLE III (Title and Anti-Theft)
Section 48. (Punishment for False Statement.)
Any person convicted of making false statement in any application or document under Section 41 of this Act shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or imprisonment for not less than sixty (60) days nor more than one (1) year, or by both such fine and imprisonment.
Section 49. (a) It shall be a misdemeanor for any person to violate any of the provisions of Article III of this Act unless such violation is by this Act or other law of this State declared to be a felony.
(b) Every person convicted of a misdemeanor for the violation of any provision of Article III of this Act shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than one (1) year, or by both such fine and imprisonment.
Section 50. Any person who shall be convicted of a violation of any of the provisions of Article III of this Act herein or by the laws of this State declared to constitute a felony shall, unless a different penalty is prescribed by the laws of this State, be punished by imprisonment for a term l not less than one (1) year nor more than five (5) years, or by a fine of not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00), or by both such fine and imprisonment.
ARTICLE IV MOTOR VEHICLE OPERATORS' AND CHAUFFEURS' LICENSES
TITLE 1 OPERATORS' AND CHAUFFEURS' LICENSES
Section 51. (Operators and Chauffeurs Must Be Licensed.)
No person except those expressly exempted under Sections 52, 54 and 56 of this Act shall drive any motor vehicle upon a highway in this State unless such person upon application has been licensed as an operator or chauffeur by the Department under the provisions of this Act.
Section 52. (What Persons are Exempt from License.)
(a) No person shall be required to obtain an operator's or chauffeur's license for the purpose of driving or operating a road roller, road machinery, or any farm tractor or implement of husbandry temporarily drawn, moved or propelled on the highways.
(b) Every person in the service of the Army, Navy, or Marine Corps of the United States and when furnished with a driver's permit and when operating an official motor vehicle in such service shall be exempt from license under this Act.
Section 53. (Non-residents, When Exempt from License.)
(a) A non-resident over the age of sixteen years who has been duly licensed either as an operator or chauffeur under a law requiring the licensing of operators or chauffeurs in his home state or country and who has in his immediate possession either a valid operator's or chauffeur's license issued to him in his home state or country shall be permitted without examination or license under this Act to drive a motor vehicle upon the highways of this State.
(b) It shall be unlawful for any non-resident whose home state or country does not require the licensing of operators or chauffeurs, and who has not been licensed either as an operator or chauffeur in his home state or country, to operate any motor vehicle upon any highway in this State without first making application for and obtaining a license as an operator or chauffeur as required under this Act, except that any said unlicensed non-resident who is over the age of sixteen years and who is the owner of a motor vehicle which has been duly registered for the current calendar year in the state or country of which the owner is a resident, may operate such motor vehicle upon the highways of this State for a period of not more than thirty days in any one year without making application for or obtaining an operator's or chauffeur's license under this act upon condition that the motor vehicle shall at all times display the license number plate or plates issued therefor in the home state or country of the owner and that the non-resident owner has in his immediate possession a registration card evidencing such ownership and registration in his home state or country.
Section 54. (What Persons Shall Not Be Licensed.)
(a) An operator's license shall not be issued to any person under the age of sixteen years, and no chauffeur's license shall be issued to any person under the age of eighteen years.
(b) The Department shall not issue an operator's or chauffeur's license to any person whose license, either as operator or chauffeur, has been suspended during the period for which license was suspended; nor to any person whose license, either as operator or chauffeur, has been revoked under the provisions of this Act until the expiration of one year after such license was revoked.
(c) The Department shall not issue an operator's or chauffeur's license to any person who it has determined is an habitual drunkard or is addicted to the use of narcotic drugs.
(d) No operator's or chauffeur's license shall be issued to any applicant who has previously been adjudged insane or an idiot, imbecile, epileptic, or feeble-minded, and who has not at the time of such application been restored to competency by judicial decree or released from a hospital for the insane or feebleminded upon a certificate of the superintendent that such person is competent, nor then unless the Department is satisfied that such person is competent to operate a motor vehicle with safety to persons and property.
(e) The Department shall not issue an operator's or chauffeur's license to any person when in the opinion of the Department such person is afflicted with or suffering from such physical or mental disability or disease as will serve to prevent such person from exercising reasonable and ordinary control over a motor vehicle while operating the same upon the highways, nor shall a license be issued to any person who is unable to understand highway warning or direction signs in the English language.
Section 55. (Age Limits for Drivers of School Busses and Public Passenger-Carrying Motor Vehicles.)
It shall be unlawful for any person whether licensed under this Act or not, under the age of 21 years, to drive a motor vehicle while in use as a school bus for transportation to and from school of children, or a Motor Vehicle while in use as a public passenger-carrying vehicle.
Section 56. (Instruction Permits.)
The Department upon receiving from any, person over the age of sixteen years an application for a temporary instruction permit may in its discretion issue such a permit entitling the applicant, while having such permit in his immediate possession, to drive a motor vehicle upon the highways for a period of thirty days when accompanied by a licensed operator or chauffeur who is actually occupying a seat beside the driver and there is no other person in the vehicle.
Section 57. (Application for Operator's or Chauffeur's License.)
(a) Every application for an operator's or chauffeur's license shall be made on an application form furnished by the Department. The original application shall be verified by the applicant before a person authorized to administer oaths.
(b) Every application shall state the name, age, sex and residence address of the applicant, and whether or not the applicant has heretofore been licensed as an operator or chauffeur and so when and by what state, and whether or not such license has ever been suspended or revoked and if so the date of and reason for such suspension or revocation.
Section 58. (Application of Minors.)
The Department shall not grant the application of any minor under the age of 18 years for an operator's license unless such application is signed by the father of the applicant, if the father is living and has custody of the applicant, otherwise by the mother or guardian having the custody of such minor, or in the event a minor under the age of 18 years has no father, mother or guardian, then an operator's license shall not be granted to the minor unless his application therefor is signed by his employer.
Section 59. (Examination of Applicants.)
(a) The Department shall examine every applicant for an operator's or chauffeur's license before issuing any such license, except as otherwise provided in subdivisions (b) and (c) of this Section. The Department shall examine the applicant as to his physical and mental qualifications to operate a motor vehicle in such manner as not to jeopardize the safety of persons or property and as to whether any facts exist which would bar the issuance of a license under Section 54 of this Act, but such examination shall not include investigation of any facts other than those directly pertaining to the ability of the applicant to operate a motor vehicle with safety, or other than those facts declared to be pre-requisite to the issuance of a license under this Act.
(b) The Department may in its discretion waive the examination of any person applying for the renewal of an operator's or chauffeur's license issued under this Act.
(c) The Department may in its discretion issue an operator's or chauffeur's license under this Act, without examination, to every person applying therefor who is of sufficient age, as required by Section 54 of this Act, to receive the license applied for and who at the time of such application has a valid unrevoked license of like nature issued to such person under any previous law of this State providing for the licensing of operators or chauffeurs or to any person who at the time of such application has a valid unrevoked license of like nature issued to such person in another state under a law requiring the licensing and examination of operators or chauffeurs.
Section 60. (Appointment of Examiners and Designation of Local Officers.)
(a) The examiners of applicants for motor vehicle or chauffeur's license shall be appointed by and under the supervision of the Commissioner.
(b) The Department is hereby authorized to designate local officers of the law or to appoint persons within this State to act for the Department for the purpose of examining applicants for operator's and chauffeur's licenses. It shall be the duty of such persons so designated or appointed to conduct the examination of the applicant for operator's and chauffeur's licenses in the manner prescribed by the Department under the provision of this Act and to make a written report of the filing and recommendations upon such examination to the Department.
Section 61. (Register of Operators and Chauffeurs.)
The Department shall file every application for an operator's or chauffeur's license and index the same by name and number and maintain suitable records of all licenses issued and all applications for licenses denied, also a record of all licenses which have been suspended or revoked.
Section 62. (Licenses Issued to Operators and Chauffeurs.)
(a) The Department shall issue to every person licensed as an operator an operator's license and to every person licensed as a chauffeur a chauffeur's license. Any person licensed as a chauffeur under this Act shall not be required to procure an operator's license, but no person shall drive any motor vehicle as a chauffeur unless licensed as a chauffeur.
(b) Every such license shall bear thereon the distinguishing number assigned to the licensee and shall contain the name, age, residence, address and a brief description of the licensee for the purpose of identification, also a space for the signature of the licensee, and every chauffeur's license shall bear thereon a photograph of the licensee.
Section 63. (Duplicate License Certificates.)
In the event that an operator's or chauffeur's license issued under the provisions of this Act shall be lost or destroyed, the person to whom the same was issued may obtain a duplicate or substitute thereof upon furnishing proof satisfactory to the Department that such license has been lost or destroyed and upon payment of the fees required by law.
Section 64. (License to be Signed and Carried.)
(a) Every person licensed as an operator shall write his usual signature with pen and ink in the space provided for that purpose on the license certificate and every chauffeur shall write his usual signature with pen and ink across the face of the photograph on the license certificate issued to him immediately upon receipt of such certificate, and such license shall not be valid until the certificate is so signed.
(b) The licensee shall have such license in his immediate possession at all times when driving a motor vehicle and shall display the same upon demand of a uniformed police officer, Justice of Peace, Peace Officer or Motor Vehicle Inspector. It shall be a defense to any charge under this subsection that the person so charged produce in court an operator's or chauffeur's license theretofore issued to such person and valid at the time of his arrest.
Section 65. (Expiration of Licenses.)
Every operator's and chauffeur's license issued hereunder shall expire March 1 each year and shall be renewed annually upon application and payment of the fees required by law, provided that the Department in its discretion may waive the examination of any such applicant previously licensed under this Act. Provided, however, that every such license in force at the time of the approval of this Act shall be valid until March 1, 1930.
Section 66. (Court to Report Convictions and May Recommend Suspension of License.)
Every court and police officer having jurisdiction over offenses committed under this Act, or any other Act of this State regulating the operation of motor vehicles on highways, shall forward to the Department a record of the conviction of any person in said court for a violation of any said laws, and may recommend the suspension of the operator's or chauffeur's license of the person so convicted, and the Department shall thereupon consider and act upon such recommendation in such manner as may seem to it best.
Section 67. (Mandatory Suspension or Revocation of License by the Department.)
(a) The Department shall forthwith revoke the license of any person upon receiving a record of the conviction of such person of any of the following crimes:
1. Manslaughter resulting from the operation of a motor vehicle.
2. The crime of assault in which a motor vehicle is used and the death of a human being results.
3. Driving a vehicle while under the influence of intoxicating liquor or narcotic drug.
4. Perjury or the making of a false affidavit to the Department under this Act or any other law of this State requiring the registration of motor vehicles or regulating their operation on highways.
5. Any crime punishable as a felony under the motor vehicle laws of this State or any other felony in the commission of which a motor vehicle is used.
6. Conviction or forfeiture of bail upon three charges of reckless driving all within the preceding twelve months.
7. A conviction of a driver of a motor vehicle, involved in an accident resulting in the death or injury of another person, upon a charge of failing to stop and disclose his identity at the scene of the accident.
(b) The Department upon receiving a record of the conviction of any person upon a charge of operating a motor vehicle while the license of such person is suspended or revoked, shall immediately extend the period of such first suspension or revocation for an additional like period.
Section 68. (Department May Suspend or Revoke Licenses.)
(a) The Department may immediately suspend the license of any person without hearing and without receiving a record of conviction of such person of crime whenever the Department has reason to believe:
1. That such person has committed any offense for the conviction of which mandatory revocation of license is provided in Section 67.
2. That such person has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any other person or serious property damage.
3. That such person is incompetent to drive a motor vehicle or is afflicted with mental or physical infirmities or disabilities rendering it unsafe for such person to drive a motor vehicle upon the highways.
4. That such person is an habitual reckless or negligent driver of a motor vehicle or has committed a serious violation of the motor vehicle laws of this State.
Whenever the Department suspends the license of any person for any reason set forth in the above four paragraphs, the Department shall immediately notify the licensee and afford him an opportunity of a hearing before said Department in the county wherein the licensee resides, and upon such hearing the Department shall either rescind its order of suspension or, good cause appearing therefor, may suspend the license of such person for a further period or revoke said license.
(b) The Department is hereby authorized to suspend or revoke the right of any non-resident to operate a motor vehicle in this State for any cause for which the license of a resident operator or chauffeur may be suspended or revoked, and any nonresident who operates a motor vehicle upon a highway when his right to operate has been suspended or revoked by the Department shall be guilty of a misdemeanor and subject to punishment as provided in Section 79.
(c) The Department is hereby authorized to suspend or revoke the license of any resident of this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the license of an operator or chauffeur. The Department is further authorized, upon receiving a record of the conviction in this State of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this State, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
(d) The Department shall not suspend a license for a period of more than one year and upon suspending or revoking any license shall require that such license of any chauffeur whose license is so suspended or revoked shall be surrendered to and retained by the Department except that at the end of a period of suspension such license so surrendered shall be returned to the licensee.
Section 69. (Right of Appeal to Court.)
Any person denied a license or whose license has been revoked by the Department except where such revocation is mandatory under the provisions of this Act shall have the right to an appeal to the Superior Court in the county wherein such person shall reside and such court is hereby vested with jurisdiction to hear and determine the matter.
Section 70. (New License After Revocation.)
Any person whose license is revoked under this Act shall not be entitled to apply for or receive any new license until the expiration of one year from the date such former license was revoked.
Section 71. (When Parent, Guardian or Employer Liable for Negligence of Minor.)
Any negligence of a minor under the age of 18 years licensed upon application signed as provided in Section 58 when driving any motor vehicle upon a highway, shall be imputed to the person who shall have signed the application of such minor for said license, which person shall be jointly and severally liable with such minor, for any damages caused by such negligence.
Section 72. (Owner Liable for Negligence of Minor.)
Every owner of a motor vehicle causing or knowingly permitting a minor under the age of 18 years to drive such vehicle upon a highway, and any person who gives or furnishes a motor vehicle to such minor, shall be jointly and severally liable with such minor for any damages caused by the negligence of such minor in driving such vehicle.
TITLE III VIOLATION OF LICENSE PROVISIONS
Section 73. (Violation of License Provisions.)
It shall be unlawful for any person to commit any of the following acts:
First. To display or cause or permit to be displayed or to have in possession any operator's or chauffeur's license knowing the same to be fictitious or to have been cancelled, revoked, suspended or altered;
Second. To lend to, or knowingly permit the use of, by one not entitled thereto any operator's or chauffeur's license issued to the person so lending or permitting the use thereof;
Third. To display or to represent as one's own any operator's or chauffeur's license not issued to the person so displaying the same;
Fourth. To fail or refuse to surrender to the Department upon demand, any operator's or chauffeur's license which has been suspended, cancelled or revoked as provided by law;
Fifty. To use a false or fictitious name or give a false or fictitious address in any application for an operator's or chauffeur's license, or any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application.
Section 74. (Making False Affidavit Perjury.)
Any person who shall make any false affidavit or shall knowingly swear or affirm falsely, to any matter or thing required by the terms of Article IV of this Act to be sworn to or affirmed, shall be guilty of perjury and upon conviction shall be punishable by fine or imprisonment as other persons committing perjury are punishable.
Section 75. (Unlawful to Permit Unlicensed Minor to Drive Motor Vehicle.)
It shall be unlawful for any person to cause or knowingly permit any minor operator, unless such minor shall have first obtained a license to so drive a motor vehicle under the provisions of this Act.
Section 76. (Unlawful to Employ Unlicensed Chauffeur.)
No person shall employ any chauffeur to operate a motor vehicle who is not licensed as provided in this Act.
Section 77. (Unlawful to permit Violations of Act.)
No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by any person who has no legal right to do so or in violation of any of the provisions of this Act.
Section 78. (Unlawful to Drive While License Suspended or Revoked.)
Any person whose operator's or chauffeur's license has been suspended or revoked, as provided in this Act, and who shall drive any motor vehicle upon the highways of this State while such license is suspended or revoked, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in Section 80 of this Act.
TITLE IV PENALTIES UNDER ARTICLE IV (Operator's and Chauffeur's License)
Section 79. (Penalty for Misdemeanor Under Article IV.)
(a) It shall be a misdemeanor for any person to violate any of the provisions of Article IV of this Act unless such violation is by this Act or other law of the State declared to be a felony.
(b) Every person convicted of a misdemeanor for the violation of any provision of Article IV of this Act shall be punished for the first such offense by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment for not less than 5 days nor more than 30 days, or by both such fine and imprisonment, and shall be punished for each subsequent like offense by a fine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment for not less than 10 days nor more than 60 days, or by both such fine and imprisonment.
Section 80. (Penalty for Driving While License Suspended or Revoked.)
Any person convicted of a violation of Section 78 of this Act shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment for not less than 30 days nor more than six months or by both such fine and imprisonment, and shall be punished for each like subsequent offense by a fine of not less than one hundred dollars nor more than two hundred dollars, or by imprisonment for not less than 90 days nor more than six months, or by both such fine and imprisonment.
ARTICLE V THE OPERATION OF VEHICLES ON HIGHWAYS
TITLE I OPERATION OF VEHICLESRULES OF THE ROAD
Section 81. (Persons Under the Influence of Intoxicating Liquor or Narcotic Drugs.)
No person shall operate a motor vehicle while. under the influence of intoxicating liquor or of any drug. Any Justice of the Peace of the State or the Judge of the Municipal Court of the City of Wilmington shall have power and jurisdiction to hear and determine the offense created by this Section. Upon conviction of any one for this offense, the Justice of the Peace or the Judge of the Municipal Court for the City of Wilmington shall certify the facts and record in the case to the Commissioner, who shall forthwith revoke the license of the party so convicted for a period of one year, or in case the offense is committed by a person operating a motorcycle shall be cancelled and none reissued to the said guilty party for a period one year after such cancellation. After a license or registration shall have been so revoked, the Commissioner shall have power and authority not to issue another license to such person so convicted until such person shall satisfy the Commissioner that he has been of good behavior from the time that his license was so revoked, up until he makes application for the issuance of another license. Provided, however, that in such case the Commissioner shall refuse to issue a license to such convicted person after a period of one year from the time that his license was so revoked, the said applicant shall have a right of appeal to the Court of General Sessions of the County wherein he resides.
Section 82. (Interfering with Operator.)
No motor vehicle shall be operated while having any person occupying the front seat or seat adjacent to the driver so as to interfere with the safe operation of the motor vehicle; violation of this Section shall be as provided in Section 141 of this Act.
Section 83. (Driving at Reckless Speed.)
No person shall operate a motor vehicle upon any public street or highway of the State recklessly or at a rate of speed greater than is reasonable and proper, having regard to the width, traffic and use of the street or highway, the intersection of streets or highways and weather conditions, the weight of the vehicle and the condition of its brakes, so as to have caused a collision with the person or property of another, or so as to endanger the life or limb of another.
If the rate of speed of a motor vehicle operated on any highway within this State exceeds thirty-five miles an hour for a distance of one-quarter of a mile, or if such rate of speed exceeds twenty-five miles an hour through the thickly settled portion of any town or City where the buildings average less than one hundred feet apart, such rate of speed shall be deemed prima facia evidence that the person operating such motor vehicle is operating the same in violation of the provisions of this Section.
If the rate of speed of any Commercial motor vehicle not equipped with pneumatic tires, exceeds the rate of twenty miles per hour on any street or highway, or eight miles per hour on any movable bridge, it shall be prima facia evidence of a violation of the provisions of this Section.
Section 84. (Grade Crossing, Drawbridge and Automatic Signals Must be Obeyed.)
Whenever any person driving a vehicle approaches a highway and railway grade crossing, a drawbridge, or automatic signal system controlling the flow of traffic, and a clearly visible and positive signal gives warning of the approach of a railway train or car, a boat, or vehicle, it shall be unlawful for the driver of the vehicle to fail to bring the vehicle to a complete stop before crossing.
Section 85. (Speed Limitation for Vehicles Regulated According to Weight and Equipment.)
It shall be unlawful to operate vehicles in excess of the speeds noted for gross load weights and equipment as shown in the following table:
PNEUMATIC TIRES
Maximum gross weight including weight of vehicle
and load.
|
Maximum speed open country no greater speed shall be maintained for a distance exceeding one-quarter of a mile. This is allowable only for passing another vehicle.
|
Maximum speed thru suburban sections, villages and towns.
|
Maximum speed in thickly built up parts of cities and towns.
|
|
6,000 lbs
8,000 lbs
12,000 lbs
16,000 lbs
20,000 lbs
22,000 lbs
2,000 lbs
|
35M
25M
25M
25M
22M
20M
20M
|
15M
15M
15M
15M
12M
12M
12M
|
15M
15M
15M
15M
12M
12M
12M
|
Provided, that it shall be lawful to operate passenger carrying motor coaches equipped with pneumatic tires and not weighing in excess of 15,000 pounds gross weight of vehicle and load, and equipped with four wheel brakes, at a rate of speed not in excess of that provided in Section 83 of this Act.
SOLID TIRES
Maximum gross weight including weight of vehicle
and load.
|
Maximum speed open country no greater speed shall be maintained for a distance exceeding one-quarter of a mile. This is allowable only for passing another vehicle.
|
Maximum speed thru suburban sections, villages and towns.
|
Maximum speed in thickly built up parts of cities and towns.
|
|
6,000 lbs
8,000 lbs
12,000 lbs
16,000 lbs
22,000 lbs
|
25M
20M
18M
16M
15M
|
15M
15M
15M
12M
12M
|
15M
12M
12M
12M
12M
|
Section 86. (Special Speed Limitation on Bridges.)
It shall be unlawful to drive any vehicle upon any public bridge, causeway or viaduct at a speed which is greater than the maximum speed which can with safety to such structure be maintained thereon, when such structure is signposted as provided in this Section.
The State Highway Department upon request from any local authorities shall, or upon its own initiative may, conduct an investigation of any public bridge, causeway or viaduct, and if it shall thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this Act, the State Highway Department shall determine and declare the maximum speed of vehicles which such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of one hundred feet before each end of such structure. The finding and determination of the State Highway Department shall be conclusive evidence of the maximum speed which can with safety to any such structure be maintained thereon.
Section 87. (When Speed Limit Not Applicable.)
The speed limitations set forth in this Act shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law or of persons charged with or suspected of any such violation, nor to fire department or fire patrol vehicles when traveling in response to a fire alarm, nor to public or private ambulances when traveling in emergencies. This exemption shall not however protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others.
Section 88. (Drive on Right Side of Highway.)
Upon all highways of sufficient width, except upon one way streets, the driver of a vehicle shall drive the same upon the right half of the highway and shall drive a slow moving vehicle as closely as possible to the right-hand edge or curb of such highway, unless it is impracticable to travel on such side of the highway and except when overtaking and passing another vehicle subject to the limitations applicable in overtaking and passing set forth in Sections 91 and 92 of this Act.
Section 89. (Keep to the Right in Crossing Intersections or Railroads.)
In crossing an intersection of highways or the intersection of a highway by a railroad right of way, the driver of a vehicle shall at all times cause such vehicle to travel on the right half of the highway unless such right half is obstructed or impassable.
Section 90. (Meeting of Vehicles.)
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other at least one-half of the main traveled portion of the roadway as nearly as possible.
Section 91. (Overtaking a Vehicle.)
(a) The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof, and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle.
(b) The driver of an overtaking motor vehicle not within a business or residence district as herein defined shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.
Section 92. (Limitations on Privilege of Overtaking and Passing.)
(a) The driver of a vehicle shall not drive to the left side of the center line of a highway 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 made in safety.
(b) The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction upon the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed within a distance of 500 feet.
(c) The driver of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction at any railway grade crossing nor at any intersection of highways unless permitted so to do by a traffic or police officer.
Section 93. (Driver to Give Way to Overtaking Vehicle.)
The driver of a vehicle upon a highway about to be overtaken and passed by another vehicle approaching from the rear shall give way to the right in favor of the overtaking vehicle on suit able and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
Section 94. (Following Too Closely.)
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicles and the traffic upon and condition of the highway.
(b) The driver of any motor truck when traveling upon a highway outside of a business or residence district shall not follow another motor truck within one hundred feet, but this shall not be construed to prevent one motor truck overtaking and passing another.
Section 95. (Turning at Intersection.)
(a) Except as otherwise provided in this section, the driver of a vehicle intending to turn to the right at an intersection shall approach such intersection in the lane for traffic nearest to the right-hand side of the highway, and in turning shall keep as closely as practicable to the right-hand curb or edge of the highway, and when intending to turn to the left shall approach such intersection in the lane for traffic to the right of and nearest to the center line of the highway and in turning shall pass beyond the center of the intersection, passing as closely as practicable to the right thereof before turning such vehicle to the left.
For the purpose of this Section, the center of the inter-section shall mean the meeting point of the medial lines of the highways intersecting one another.
(b) Local authorities in their respective jurisdictions may modify the foregoing method of turning at intersections by clearly indicating by buttons, markers or other direction signs within an intersection the course to be followed by vehicles turning thereat, and it shall be unlawful for any driver to fail to turn in a manner as so directed when such direction signs are installed by local authorities.
Section 96. (Signals on Starting, Stopping or Turning.)
(a) The driver of any vehicle upon a highway before starting, stopping or turning from a direct line shall first see that such movement can be made in safety and if any pedestrian may be affected by such movement shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle may be affected by such movement shall give signal as required in this section plainly visible to the driver of such other vehicle of the intention to make such movement.
(b) The signal herein required shall be given either by means of the hand and arm in the manner herein specified, or by an approved mechanical or electrical signal device, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible both to the front and rear the signal shall be given by a device of a type which has been approved by the Department.
Whenever the signal is given by means of the hand and arm, the driver shall indicate his intention to start, stop or turn by extending the hand and arm horizontally from and beyond the left side of the vehicle.
Section 97. (Right of Way.)
(a) The operator of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection. When two vehicles enter an intersection at the same time, the operator of the vehicle on the left shall yield the right of way to the vehicle on the right.
(b) The operator of a vehicle within an intersection intending to turn to the left across the path of any vehicle approaching from the opposite directions may make such left turn only after giving a signal as required by law, and after affording a reasonable opportunity to the operator of such other vehicle to avoid a collision.
(c) The driver of any vehicle upon a highway within a business or residence district shall yield the right of way to a pedestrian crossing such highway within any clearly marked crosswalk or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block, except at intersections where the movement of traffic is being regulated by traffic officers or traffic direction devices. Every pedestrian crossing a highway within a business or residence district at any point other than a pedestrian crossing, crosswalk or intersection shall yield the right of way to vehicles upon the highway.
Section 98. (Exceptions to the Right of Way Rule.)
(a) The driver of a vehicle entering a public highway from a private road or drive shall yield the right of way to all vehicles approaching on such public highway.
(b) The driver of a vehicle upon a highway shall yield the right of way to police and fire department vehicles and public and private ambulances, when they are operated upon official business and the drivers thereof sound audible signal by bell, siren or exhaust whistle. This provision shall not operate to relieve the driver of a police or fire department vehicle from the duty to drive with due regard for the safety of all persons using the highway nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right of way.
Section 99. (What to do on Approach of Police or Fire Department Vehicle.)
(a) Upon the approach of any police or fire department vehicle and public and private ambulances giving audible signal by bell, siren or exhaust whistle, the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right hand edge of curb of the highway, clear of any intersection of highways, and shall stop and remain in such position unless otherwise directed by a police or traffic officer until the police or fire department vehicle shall have passed.
(b) It shall be unlawful for the driver of any vehicle other than on official business to follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or to drive into or park such vehicle within five hundred feet where fire apparatus has stopped in answer to a fire alarm.
(c) It shall be unlawful for any person to drive any motor, or horse vehicle, over any line of hose, which has been laid for the purpose of extinguishing a fire.
Section 100. (Vehicle Must Stop at Certain Through Highways.)
(a) The State Highway Department with reference to State highways and local authorities with reference to highways under their jurisdiction are hereby authorized to designate main traveled or through highways by erecting at the entrances thereto from intersecting highways signs notifying drivers of vehicles to come to a full stop before entering or crossing such designated highway, and whenever any such signs have been so erected it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto. All such signs shall be illuminated at night or so placed as to be illuminated by the headlights of an approaching vehicle or by street lights.
(b) The operator of any vehicle who has come to a full stop as required above, upon entering the through street as well as operators of vehicles on such through street, shall be subject to the usual right of way prescribed by law and applicable to vehicles at intersections.
Section 101. (Passing Street Cars)
(a) The driver of a vehicle shall not overtake and pass upon the left any interurban or street car proceeding in the same direction, whether actually in motion or temporarily at rest when a travelable portion of the highway exists to the right of such street car.
(b) The driver of a vehicle overtaking any railway, interurban or street car stopped or about to stop for the purpose of receiving or discharging any passenger, shall bring such vehicle to a full stop at least ten feet in the rear of such street car and remain stationary until any such passenger has boarded such car or reached the adjacent sidewalk, except that where a safety zone has been established, a vehicle need not be brought to a full stop before passing any such railway, interurban or street car, but may proceed past such car at a speed not greater than is reasonable or proper and in no event greater than ten miles an hour and with due caution for the safety of pedestrians.
Section 102. (Driving Through Safety Zone Prohibited.)
The driver of a vehicle shall not at any time drive through or over a safety zone as defined in Article 1 of this Act.
Section 103. (Stopping on Highway.)
(a) No person shall park or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main traveled portion of any highway, outside of a business or residence district, when it is practicable to park or leave such vehicle standing off of the paved or improved or main traveled portion of such highway ; provided, in no event shall any person park or leave standing any vehicle, whether attended or unattended, upon any highway unless a clear and unobstructed width of not less than fifteen feet upon the main traveled portion of said highway opposite such standing vehicle shall be left for free passage of other vehicles thereon, nor unless a clear view of such vehicle may be obtained from a distance of 200 feet in each direction upon such highway.
(b) Whenever any peace officer shall find a vehicle standing upon a highway in violation of the provisions of this section, he is hereby authorized to move such vehicle or require the driver or person in charge of such vehicle to move such vehicle to a position permitted under this section.
(c) The provisions of this Section shall not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a highway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such vehicle in such position.
Section 104. (Parking in Front of Fire Hydrant, Fire Station or Private Driveway.)
No person shall park a vehicle or permit it to stand, whether attended or unattended, upon a highway in front of a private driveway or within fifteen feet in either direction of a fire hydrant or the entrance of a fire station nor within twenty-five feet from the intersection of curb lines or if none then within fifteen feet of the intersection of property lines at an intersection of highways.
Section 105. (Motor Vehicle Left Unattended. Brakes to be set and engine stopped.)
No person having control or charge of a motor vehicle shall allow such vehicle to stand on any highway unattended without first effectively setting the brakes thereon and stopping the motor of said vehicle and when standing upon any grade without turning the front wheels of such vehicle to the curb or side of the highway.
Section 106. (Coasting prohibited.)
The driver of a motor vehicle when traveling upon a down grade upon any highway shall not coast with the gears of such vehicle in neutral.
Section 107. (Duty to stop in event of accident.)
(a) The driver of any vehicle involved in an accident resulting in injury or death to any person shall immediately stop such vehicle at the scene of such accident and any person violating this provision shall upon conviction be punished as provided in Section 144 of this Act.
(b) The driver of any vehicle involved in an accident resulting in damage to property shall immediately stop such vehicle at the scene of such accident and any person violating this provision shall upon conviction be punished as provided in Section 144 of this Act.
(c) The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall also give his name, address and the registration number of his vehicle and exhibit his operator's or chauffeur's license to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person.
Section 108. (Duty to Report Accidents.)
The driver of any vehicle involved in an accident resulting in injuries or death to any person or property damage to an apparent extent of fifty dollars or more shall within twenty-four hours forward a report of such accident to the nearest State Highway Police Station except that when such accident occurs within the city of Wilmington such report shall be made within 24 hours to the Department of Public Safety in that city.
The State Highway Department may require drivers, involved in accidents, or police departments to file supplemental reports of accidents upon forms furnished by it whenever the original report is insufficient in the opinion of the Department. Such reports shall be without prejudice, shall be for the information of the Department and shall not be open to public inspection. The fact that such reports have been so made shall be admissible in evidence solely to prove a compliance with this Section but no such report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such accidents.
Section 109. (Accident Statistics and Reports.)
(a) The State Highway Department shall prepare and may supply to police and sheriffs' offices and other suitable agencies forms for accident reports calling for sufficiently detailed information to disclose with reference to a highway accident the cause, conditions then existing and the persons and vehicles involved.
(b) The Department shall receive accident reports required to be made by law and shall tabulate and analyze such reports and publish annually or at more frequent intervals statistical information based thereon as to the number, cause and location of highway accidents. Such reports shall be without prejudice, shall be for the information of the State Highway Department and shall not be open to public inspection. The fact that such reports have been so made shall be admissible in evidence solely to prove a compliance with this Section but no such report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such accident.
Section 110. (Garage Keeper to Report Damaged Vehicles.)
The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious accident or struck by any bullet shall report to the nearest police station or sheriff's office within twenty-four hours after such motor vehicle is received giving the engine number, registration number, and the name and address of the owner of such vehicle. Cars involved in accidents resulting in death to human beings shall not be moved from place of accident unless needed to convey injured person to hospital or doctor until arrival of police.
Section 111. (Drivers of State, County and City Vehicles Subject to Provisions of the Act.)
The provisions of this Act applicable to the drivers of vehicles upon the highways, shall apply to the drivers of all vehicles owned or operated by this State or any county, city, town, district or any other political subdivision of the State subject to such specific exceptions as are set forth in this Act. The provisions of this Act shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway at the place of actual construction or repair but shall apply to such person and vehicles when traveling to or from such work.
Section 112. (Powers of Local Authorities.)
Local authorities except as expressly authorized by Section 100 shall have no power or authority to alter any speed limitations declared in this Act or to enact or enforce any rule or regulation contrary to the provisions of this Act, except that local authorities shall have power to provide by ordinance for the regulation of traffic by means of traffic officers or semaphores or other signaling devices on any portion of the highway where traffic is heavy or continuous and may prohibit other than one-way traffic upon certain highways and may regulate the use of the highways by processions or assemblages. Local authorities may also regulate the speed of vehicles in public parks and shall erect at all entrances to such parks adequate signs giving notice of any such special speed regulations.
Section 113. (This Act Not to Interfere with Rights of Owners of Real Property with Reference Thereto.)
Nothing in this Act 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 matter of right from prohibiting such use nor from requiring other or different or additional conditions than those specified in this Act or otherwise regulating such use as may seem best to such owner.
TITLE II THE SIZE, WEIGHT, CONSTRUCTION AND EQUIPMENT OF VEHICLES
Section 114. (Scope and Effect of Regulations in This Title.)
It shall be unlawful and constitute a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in this title or the rules and regulations of the Commissioner adopted pursuant thereto and the maximum size and weight of vehicles herein specified shall be lawful throughout this State, and local authorities shall have no power or authority to alter said limitations except as express authority may be granted in this Act.
Section 115. (Size of Vehicles and Loads.)
(a) No vehicle shall exceed a total outside width, including any load thereon, of eight feet, except that the width of a farm tractor shall not exceed nine feet, and excepting further, that the limitations as to size of vehicles stated in this Section shall not apply to implements of husbandry temporarily propelled or moved upon the public highway.
(b) No vehicle unladen or with load shall exceed a height of 12 feet and 2 inches.
(c) No vehicle shall exceed a length of thirty-three feet and no combination of vehicles coupled together shall exceed a total length of 60 feet.
(d) No train of vehicles or vehicle operated alone shall carry any load extending more than three feet beyond the front thereof.
(e) No passenger vehicle shall carry any load extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fender on the right side thereof.
Section 116. (Flag or Light at End of Load.)
Whenever the load of any vehicle shall extend more than four feet beyond the rear of the bed or body thereof, there shall be displayed at the end of such load in such position as to be clearly visible at all times from the rear of such load a red flag not less than twelve inches both in length and width, except that between one-half hour after sunset and one-half hour before sunrise there shall be displayed at the end of such load a red light plainly visible under normal atmospheric conditions at least two hundred feet from the rear of such vehicle.
Section 117. (Weights of Vehicles and Loads.)
(a) No motor vehicle, equipped with solid rubber tires, shall have a gross weight, including vehicle and load, of more than twenty-two thousand (22,000) pounds, nor shall any motor vehicle equipped with pneumatic tires have a gross weight, including vehicle and load, of more than twenty-four thousand (24,000) pounds for four wheeled vehicle, or a gross weight of more than thirty-six thousand (36,000) pounds for a six wheeled vehicle.
(b) No truck or tractor with semi-trailer shall have a combined gross weight of loads and vehicles of more than thirty-eight thousand (38,000) pounds.
(c) No vehicle shall have a load in excess of seven hundred (700) pounds per inch in width of tire (measured between the flanges) for solid tires and at greatest width of casing for pneumatic tires.
(d) No vehicle shall have an axle load of more than sixteen thousand (16,000) pounds.
(e) No trailer shall have a carrying capacity of more than ten thousand (10,000) pounds.
(f) Trailers equipped with metal tires bearing a gross load in excess of six thousand (6,000) pounds shall not be allowed on State highways.
Section 118. (Peace Officer May Weigh Vehicles and Require Removal of Excess Load.)
Any uniformed police officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to weigh the same either by means of portable scales or stationary, and may require that such vehicle be driven to the nearest scales in the event such scales are within two miles. The officer may then require the driver to unload immediately such portion of the load as may be necessary to decrease the gross weight of such vehicle to the maximum therefor specified in this Act. All such material shall be unloaded and cared for by the owner or operator of the truck at the risk of such owner or operator.
Section 119. (Permits for Excessive Size and Weight.)
The State Highway Department and local authorities in their respective jurisdiction may, in their discretion, upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle of a size or weight exceeding the maximum specified in this Act, upon any highway under the jurisdiction of and for the maintenance of which the body granting the permit is responsible. Every such permit shall be issued for a single trip and may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the body granting such permit. Every such permit shall be carried in the vehicle to which it refers and shall be open to inspection by any peace officer and it shall be a misdemeanor for any person to violate any of the terms or conditions of such special permit, and shall be punished as provided in Section 142 of this Act.
Section 120. (When Local Authorities May Restrict Right to Use Highways.)
Local authorities may by ordinance or resolution prohibit the operation of vehicles upon any highway or impose restrictions as to weight of vehicles for a total period not to exceed ninety days in any one calendar year, when operated upon any highway under the jurisdiction of and for the maintenance of which such local authorities are responsible whenever any said highway by reason of deterioration, rain, snow or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. Such local authorities enacting any such ordinance or resolution shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected thereby and the ordinance or resolution shall not be effective until or unless such signs are erected and maintained. Local authorities may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or impose limitations as to the weight thereof on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways.
Section 121. (Restrictions as to Tire Equipment.)
(a) Every solid rubber tire on a vehicle moved on any highway shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.
(b) No tire on a vehicle moved on a highway shall have on its periphery any block, stude, flange, cleat or spike or any other protuberances of any material other than rubber which projects beyond the tread of the traction surface of the tire except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway and except, also, that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to slide or skid.
(c) The State Highway Department and local authorities in their respective jurisdictions may, in their discretion, issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery.
Section 122. (Trailers and Towed Vehicles.)
(a) No motor vehicle shall be driven upon any highway drawing or having attached thereto more than one other vehicle, except that a motor vehicle with semi-trailer may draw in addition thereto one other vehicle.
(b) The draw bar or other connection between any two vehicles, one of which is towing or drawing the other on a highway, shall not exceed fifteen feet in length from one vehicle to the other. Whenever such connection consists of a chain, rope or cable, there shall be displayed upon such connection a red flag or other signal or cloth not less than twelve inches both in length and width.
Section 123. (Brakes.)
(a) Every motor vehicle when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and any trailer or semi-trailer attached thereto, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels and so constructed that no part which is liable to failure shall be common to the two, except that a motorcycle need be equipped with only one brake. All such brakes shall be maintained in good working order and shall conform to regulations not inconsistent with this Section to be promulgated by the Commissioner.
(b) No trailer or semi-trailer with a gross weight of load and vehicle in excess of four thousand (4000) pounds shall be operated on the highways of this State at a speed in excess of ten (10) miles per hour unless equipped with 'suitable brakes controlled by the operator of the towing vehicle.
Section 124. (Horns and Warning Devices.)
(a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, and it shall be unlawful, except as otherwise provided in this Section, for any vehicle to be equipped with or for any person to use upon a vehicle any siren, exhaust, compression or spark plug whistle or for any person at any time to use a horn otherwise than as a reasonable warning or to make any unnecessary or unreasonable loud or harsh sound by means of a horn or other warning device.
(b) Every police and fire department and fire patrol vehicle and every ambulance used for emergency calls shall be equipped with a bell, siren or exhaust whistle of a type approved by the Commissioner.
Section 125. (Mirrors.)
All motor vehicles and motorcycles shall be equipped with a mirror so placed that the driver thereof may readily ascertain the presence of any vehicle traveling in the same direction and overtaking him.
Section 126. (Windshields Must be Unobstructed and Equipped with Wipers.)
(a) It shall be unlawful for any person to drive any vehicle upon a highway with any sign, poster or other non-transparent material upon the front windshield, side wings, side or rear windows of such motor vehicle other than a certificate or other paper required to be so displayed by law.
(b) Every windshield on a motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
Section 127. (Prevention of Noise, Etc.; Muffler Cut-Outs Regulated.)
(a) No person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.
(b) It shall be unlawful to use a "muffler cut-out" on any motor vehicle upon a highway.
(c) No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.
Section 128. (Required Lighting Equipment of Vehicles.)
(a) When Vehicles Must be Equipped.
Every vehicle upon a highway within this State during the period from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of two hundred feet ahead, shall be equipped with lighted front and rear lamps as in this Section respectively required for different classes of vehicles and subject to exemption with reference to lights on parked vehicles as declared in Section 133.
(b) Head Lamps on Motor Vehicles.
Every motor vehicle other than a motorcycle, road-roller, road machinery, or farm tractor shall be equipped with two head lamps, no more and no less, at the front and on opposite sides of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in Section 130 or Section 133 and except as to acetylene head lamps shall be of a type which has been approved by the Commissioner.
(c) Head Lamps on Motorcycles.
Every motorcycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and /imitations set forth in Section 130 or Section 133 and except as to acetylene head lamps shall be of a type which has been approved by the Commissioner.
(d) Rear Lamps.
Every motor vehicle and every trailer or semi-trailer which is being drawn at the end of a trail of vehicles shall carry at the rear a lamp of a type which has been approved by the Commissioner and which exhibits a red light plainly visible under normal atmospheric conditions from a distance of five hundred feet to the rear of such vehicle and so constructed and placed that the number plate carried on the rear of such vehicle shall under like conditions be so illuminated by a white light as to be read from a distance of fifty feet to the rear of such vehicle.
(e) Clearance Lamps.
Every motor vehicle, other than any road roller, road machinery or farm tractor having a width at any part in excess of eighty inches shall carry two clearance lamps on the left side of such vehicle, and two on the right side of such vehicle. One light on each side at front displaying a white light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and one light on each side located at the rear of the vehicle and displaying a green light visible under like conditions from a distance of 500 feet to the rear of the vehicle provided that any combination of vehicle and semi-trailer having a length of over 33 feet shall display a green light on each side of said semi-trailer at intervals of not over ten feet.
(f) Lamps on Bicycles.
Every bicycle shall be equipped with a lighted lamp on the front thereof visible under normal atmospheric conditions from a distance of at least three hundred feet in front of such bicycle and shall also be equipped with a reflex mirror or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least two hundred feet to the rear of such bicycle.
(g) Lights on Other Vehicles.
All vehicles not heretofore in this Section required to be equipped with specified lighted lamps shall carry one or mote lighted lamps or lanterns displaying a white light visible under normal atmospheric conditions from a distance of not less than 500 feet in front of such vehicle and displaying a red light visible under like conditions from a distance of not less than 500 feet in the rear of such vehicle.
Section 129. (Additional Permissible Lights on Vehicles.)
(a) Spot Lamps.
Any motor vehicle may be equipped with not to exceed two spot lamps, except that a motorcycle shall not be equipped with more than one spot lamp, and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the beam will be directed to the left of the center of the highway nor more than 100 feet ahead of the vehicle.
(b) Auxiliary Driving Lamps.
Any motor vehicle may be 'equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than 24 inches above the level surface on which the vehicle stands and every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in Section 130c.
(c) Signal Lamps.
Whenever a motor vehicle is equipped with a signal /amp to, comply with provisions of Section 128, the signal lamp shall be so constructed and located on the vehicle as to give a signal, red in color, which shall be plainly visible in normal sunlight, from a distance of 100 feet to the rear of the vehicle but shall not project a glaring or dazzling light and shall be of a type approved by the Commissioner.
(d) Restrictions on Lamps.
Any device, other than head lamps, spot lamps or auxiliary driving lamps, which projects a beam of light of an intensity greater than twenty-one candlepower, shall be so directed that no part of the beam will strike the level of the surface on which the vehicle stands at a distance of more than 50 feet from the vehicle.
Section 130. (Requirements as to Head Lamps and Auxiliary Driving Lamps.)
(a) The head lamps of motor vehicles shall be so constructed, arranged, and adjusted that, except as provided in subsection (c) of this Section, they will at all times mentioned in Section 128 and under normal atmospheric conditions and on a level road produce a driving light sufficient to render clearly discernible a person two hundred feet ahead, but shall not project a glaring or dazzling light to persons in front of such head lamp.
(b) Head lamps shall be deemed to comply with the foregoing provisions prohibiting glaring and dazzling lights if none of the main bright portion of the head lamp beams rises above a horizontal plane passing through the lamp centers parallel to the level road upon which the loaded vehicle stands and in no case higher than forty-two inches, seventy-five feet ahead of the vehicle.
(c) Whenever a motor vehicle is being operated upon a highway, or a portion thereof, which is sufficiently lighted to reveal a person on the highway at a distance of 200 feet ahead of the vehicle it shall be permissible to dim the head lamps or to tilt the beams downward or to substitute therefore the light from an auxiliary driving lamp or pair of such lamps, subject to the restrictions as to tilted beams and auxiliary driving lamps set forth in this subsection.
Whenever a motor vehicle meets another vehicle on any highway it shall be permissible to tilt the beams of the head lamps downward or to substitute therefor the light from an auxiliary driving lamp or pair of such lamps subject to the requirement that the tilted head lamps or auxiliary lamp or lamps shall give sufficient illumination under normal atmospheric conditions and on a level road to render clearly discernible a person 75 feet ahead, but shall not project a glaring or dazzling light to persons in front of the vehicle, provided that at all times required in Section 128 at least two lights shall be displayed on the front of and on opposite sides of every motor vehicle other than a motorcycle, road-roller, road machinery, or farm tractor.
Section 131. (Acetylene Lights.)
Motor vehicles may be equipped with two acetylene head lamps of approximately equal candlepower when equipped with clear plane glass front, bright six-inch spherical mirrors and standard acetylene five-eighths foot burners not more and not less and which do not project a glaring or dazzling light into the eyes of approaching drivers.
Section 132. (Test and Approval of Lamps.)
(a) It shall be unlawful for any person to sell or offer for sale, either separately or as a part of the equipment of a motor vehicle, or to use upon a highway, any electric head lamp, or any auxiliary driving lamp, rear lamp or signal lamp, unless of a type which has been submitted to the Commissioner for test and for which a certificate of approval has been obtained from the Commissioner as hereinafter provided. The Commissioner is hereby authorized and required to adopt and enforce standard specifications as to the amount, color, and direction of light to be emitted by head lamps, auxiliary driving lamps, rear lamps and signal lamps for compliance with the requirements and limitations set forth in Section 128, 129, 130; and the Commissioner is authorized and required to determine whether any head lamps, auxiliary driving lamps, signal lamps and rear lamps submitted will comply with the requirements of this Act and the specifications adopted by the Commissioner and to approve such head lamps, and to publish lists of such devices by name and type together with the permissible candlepower rating of the bulbs as he shall determine are lawful hereunder.
(b) Any person, firm or corporation desiring approval of a device shall submit to the Commissioner two sets of each type of device upon which approval is desired, together with a fee of $25.00 for each type of head lamp and auxiliary driving lamp and a fee of $10.00 for each type of rear lamp or signal lamp submitted. Within 30 days the Commissioner shall, upon notice to the applicant submit such device to the United States Bureau of Standards or to such other recognized testing laboratory as he may elect for a report as to the compliance of such type of device with the standard specifications and the provisions of this Act as to lighting performance. The Commissioner is authorized and required to accept the certificate of the United States Bureau of Standards or of some other recognized testing laboratory as to compliance with the specifications and requirements ; provided, however, that in cases of dispute as to the findings of such other laboratory appeal may be made to the United States Bureau of Standards ; and provided also that the Commissioner is authorized to refuse approval of any device, certified as complying with the specifications and requirements, which the Commissioner determines will be in actual use unsafe or impracticable or would fail to comply with the provisions of this Act.
The Commissioner shall request the testing agency to submit a report of each type of device to the Commissioner. For those which are found to comply with the specifications and requirements the report shall include any special adjustments required and the candlepower rating of the bulbs for such conformance. Reports of all tests shall be accessible to the public and a copy thereof shall be furnished by the Commissioner to the applicant for the test.
(d) The Commissioner when having reason to believe that an approved device as being sold commercially does not comply with the requirements of this Act, may after 30 days' notice to the manufacturer thereof, suspend or revoke the approval issue thereof until or unless such device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this Act. The Commissioner may at the time of the retest purchase in the open market and submit to the testing agency one or more sets of such approved devices and if such device upon such retest fails to meet the requirements of this Act, the Commissioner may refuse to renew the certificate of approval of such device.
(e) It shall be unlawful for any person to sell or to offer for sale either separately or as a part of the equipment of a motor vehicle any head lamp, auxiliary driving lamp, rear lamp or signal lamp approved by the Commissioner unless such device bears thereon the trade-mark or name under which it is approved so as to be legible when installed, and is accompanied by printed instructions as to the candlepower of bulbs to be used therewith as approved by the Commissioner and any particular methods of mounting or adjustment as to focus or aim necessary for compliance with the requirements of this Act.
Section 133. (Enforcement of Provisions.)
(a) The Commissioner is authorized to designate, furnish instructions to and to supervise official stations for adjusting head lamps and auxiliary driving lamps to conform with the provisions of Section 132 when head lamps and auxiliary driving lamps have been adjusted in conformity with the instructions issued by the Commissioner a certificate of adjustment shall be issued to the driver of a motor vehicle on forms issued in duplicate by the Commissioner and showing date of issue, registration number of the motor vehicle, owner's name, make of vehicle and official designation of the adjustment station.
(b) The driver of any motor vehicle equipped with approved head lamps, auxiliary lamps, rear lamps or signal lamps, who is arrested upon a charge that such lamps are improperly adjusted or are equipped with bulbs of a candlepower not approved for use therewith, shall be allowed 48 hours within which to bring such lamps into conformance with the requirements of this Act. It shall be a defense to any such charge that the person arrested produce in Court or submit to the prosecuting attorney a certificate from an official adjusting station showing that within 48 hours after such arrest such lamps have been made to conform with the requirements of this Act.
Section 134. (Lights on Parked Vehicles.)
Whenever a vehicle is parked or stopped upon a highway whether attended or unattended during the times mentioned in Section 128 there shall be displayed upon such vehicle one or more lamps projecting a white light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle and projecting a red light visible under like conditions from a distance of five hundred feet to the rear, except that local authorities may provide by ordinance that no lights need be displayed upon any such vehicle when parked in accordance with local ordinances upon a highway where there is sufficient light to reveal any person within a distance of two hundred feet upon such highway.
Section 135. (Red or Green Light Visible from in Front of Vehicle Prohibited.)
It shall be unlawful for any person to drive or move any vehicle upon a highway with any other than a white light thereon visible from directly in front thereof. This Section shall not apply to police or fire department or fire patrol vehicles.
TITLE III HIGHWAY TRAFFIC SIGNS
Section 136. (Uniform Marking of and Erection of Signs on Highways.)
The State Highway Department is hereby authorized to classify, designate and mark both intrastate and interstate highways lying within the boundaries of this state and to provide a uniform system of marking and signing such highways under the jurisdiction of this State and such system of marking and signing shall correlate with and so far as possible conform to the system adopted in other states.
Section 13. (Local Traffic Signs.)
Local authorities in their respective jurisdictions may cause appropriate signs to be erected and maintained, designating residence and business districts, highways and steam or interurban railway grade crossings and such other signs as may be deemed necessary to carry out the provisions of this Act, and such additional signs as may be appropriate to give notice of local parking and other special regulations. Local parking and other special regulations shall not be enforcible against an alleged violation if, at the time and place of the alleged violation, an appropriate sign giving notice thereof, is no in proper position and sufficiently legible to be seen by an ordinarily observant person.
Section 138. (Other than Official Signs Prohibited.)
No unauthorized person shall erect or maintain upon any highway any warning or direction sign, marker, signal or light in imitation of any official sign, marker, signal or light erected under the provisions of this Act, and no person shall erect or maintain upon any highway any traffic or highway sign or signal bearing thereon any commercial advertising, provided nothing in this Section shall be construed to prohibit the erection or maintenance of signs, markers, or signals bearing thereon the name of an organization authorized to erect the same by the State Highway Department or any local authority as defined in this Act.
Section 139. (Injuring Signs.)
Any person who shall deface, injure, knock down or remove any sign posted as provided in this Act shall be guilty of a misdemeanor, punishable as provided in Section 142 of this Act.
Section 140. (Power to Seize Automobiles.)
Any member of the State Highway Police or any automobile inspector shall, after the passage of this Act, be clothed with the authority and have the right and are hereby directed to summarily seize in the name of the State and take from any person having in his or her possession any motorcycle or motor vehicle from which the manufacturer's serial number or any other manufacturer's trade or distinguishing number or identification mark has been removed and effaced, changed, covered or destroyed, and such officer making said seizure shall at once deliver such motorcycle or motor vehicle to the Secretary of State, who is hereby empowered to hold said motor vehicle until he shall have determined the true owner thereof. Whereupon said Secretary of State shall apprise such true owner of the fact that he has in his possession such motorcycle or motor vehicle and said Secretary of State shall deliver the same to the rightful owner thereof. Said owner first paying to the Secretary of State the cost of such delivery.
The Secretary of State shall be required to hold in his possession any motorcycle or motor vehicle seized as aforesaid for at least ten days after such seizure, curing which time the person from whom the same was taken shall have the right to replevy the same.
Section 141. (Penalty for Misdemeanor under Sections 82,
124, 125, 126, 127, 128, 129, 130, 131, 134 and 135.)
Every person convicted of a misdemeanor for a violation of any of the provisions of Sections 82, 124, 125, 126, 127, 128, 129, 130, 131, 134 and 135, shall be punished for the first offense by a fine of not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00), or imprisonment for not less than two (2) days, nor more than ten (10) days, or both such fine and imprisonment, and for each subsequent like offense shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00), or by imprisonment for not less than two days nor more than fifteen days, or by both such fine and imprisonment.
Section 142. (Penalty for Misdemeanors under Sections 83 to 106, inclusive, and 110, 114, 115, 116, 117, 119, 120, 121, 122, 123, 132, 133, 138 and 139.)
Every person convicted of a misdemeanor for a violation of any of the provisions of Sections 83 to 106, inclusive, and 110, 114, 115, 116, 117, 119, 120, 121, 122, 123, 132, 133, 138 and 139, shall be punished for the first offense by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.), or imprisonment for not less than ten (10) days nor more than thirty (30) days, or both such fine and imprisonment, and for each subsequent like offense shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment for not less than fifteen (15) days nor more than thirty (30) days, or by both such fine and imprisonment.
Section 143. (Penalty for Driving While Under the Influence of Intoxicating Liquor or Narcotic Drugs under Section 81.)
Every person who is convicted of a violation of Section 81 of this Act relating to habitual users of narcotic drugs and driving while under the influence of intoxicating liquor and narcotic drugs, shall be punished for the first conviction by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for a term of thirty (30) days, or both such fine and imprisonment, and for each subsequent conviction shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not less than thirty (30) days nor more than one (1) year, or both such fine and imprisonment. The Commissioner shall revoke the operator's or chauffeur's license of every person so convicted.
Section 144. (Penalty for Failure to Stop in the Event of Accident Involving Injury or Death to a Person.)
Every person convicted of violating Sections 107 or 108 of this Act relative to the duty to stop in event of certain accidents, shall be punished by imprisonment for not less than thirty (30) days nor more than five (5) years, or by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. The Commissioner shall revoke the operator's or chauffeur's license of every person so convicted.
Section 145. (Power to Arrest, etc.)
The Commissioner, his deputies, motor vehicle inspectors, state highway police, state detectives, sheriffs, constables, and other police officers, now authorized by law to make arrests for violation of the motor vehicle and traffic laws of this State, are hereby empowered to arrest upon view and without warrant any person or persons violating any of the provisions of this Act.
(a) In the event of an arrest as aforesaid, the person or persons so arrested shall be taken before a Justice of the Peace in or the judge of the Municipal Court of the City of Wilmington, provided, if the arrest be for a violation outside the City of Wilmington, it shall be the right and privilege of the person so arrested to have his or her case heard and determined by a Justice of the Peace whose regular office shall be nearest to the place where such person was arrested. It shall be a sufficient defense for any person arrested as aforesaid, to show by one competent witness that there is in the State of Delaware, outside of the City of Wilmington, a Justice of the Peace whose regular office is nearer to the place where such person was arrested than the Justice before whom the case is being tried.
(b) In the event of an arrest as aforesaid, if the defendant is unable to give sufficient bail for a hearing or for his presence at Court, the magistrate before whom he is first taken may accept as a forfeit, conditioned upon the defendant's appearance as aforesaid, a sum of money equal in amount to the maximum fines which could be imposed under the provisions of this Act and the costs, or in lieu of said bail or forfeit may accept any article of sufficient value, or hold in custody a motor vehicle found in the possession of the defendant ; and such magistrate, after the trial of the defendant, if sufficient bail according to law has not been given in the meantime, shall make such order as to the disposal of such motor vehicle or other articles as to him shall seem just and proper. All fines and costs collected for the violation of any of the provisions of this Act, in the limits of any incorporated city or town in this State, shall be paid to the incorporated city or town within which such offense was committed, for the use of said city or town ; provided, however, that all the fines, penalties, and forfeitures imposed and collected in any County of this State for violation of any of the laws of this Act in relation to motor vehicles where the arrests are procured by the authorized representatives of the State Highway Department, shall inure and be paid to the State Treasurer for the use of the State Highway Department. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting same shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the State Highway Department.
Violation, refusal or neglect to comply with any of the provisions regarding the disposal of fines and forfeitures as provided above, shall constitute misconduct in office and shall be ground for removal therefrom.
Provided, however, that the provisions of the above Section shall not apply to any person who shall have violated any Traffic Regulation concerning the number of kind or range of the lights on his motor vehicle, but that the only penalty which shall be imposed upon a person having a defective head light, tail light, or side light, either as to number, kind, or range of such light or lights shall be as follows : That any officer arresting a person because of defective lights, as aforesaid, if it be the first offense of the person, shall accompany or direct such person to the nearest public garage, equipped to remedy such defective light, and shall there have such lights remedied, so as to conform to the State Motor Traffic Vehicle regulations, to the expense of the person owning or operating such motor vehicle, and provided further, that the officer making the arrest, if it be the first offense of the person, shall designate upon the operator's license and the motor registration license, if it be the owner of the car so violating, some mark or symbol whereby it shall be known that such person has violated the Motor Traffic regulations in regard to defective lights. And provided further, that for any second offense in violation of the Motor Traffic regulations in regard to lights, as aforesaid, the person so violating shall be subject upon conviction before the nearest Justice of the Peace to the point of arrest, or the Municipal Court of the City of Wilmington, to the punishment provided in Section 141 of this Act.
Section 146. (Appeals.)
Any person convicted under the provisions of this Act shall have the right of an appeal unless otherwise stated in this Act, to the Court of General Sessions of the County, upon giving bond in the sum of Five Hundred Dollars ($500.00) to the State with surety satisfactory to the Mayor, Justice of the Peace or Judge before whom such person was committed. Such appeal to be taken and bond given within five (5) days from the time of conviction.
Section 147. (Disposition of Revenue.)
All revenue derived from the registration and titling of motor vehicles and from licenses issued to chauffeurs and operators of motor vehicles and from fines, penalties and forfeitures collected for violation of any of the provisions in relation to motor vehicles and all fees charged for services rendered by the Department, if such revenue be obtained under the provisions of this Act, shall be paid to the State Treasurer for the use of the State Highway Department in accordance with the purposes set forth in Chapter 66, Volume 35, Laws of Delaware, subject, however, to the provisions of Section 145 (b) hereof.
Section 148. (Constitutionality.)
If any part or parts of this Act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Act. The legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared unconstitutional.
Section 149. (Repeal.)
All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.
(a) No offense committed and no penalties or forfeitures incurred and no prosecution commenced under any of the laws repealed by this Act and before the time when such repeal shall take effect shall be affected by this Act.
Approved April 8, 1929.
Maximum gross weight including weight of vehicle
and load.
Maximum speed open country no greater speed shall be maintained for a distance exceeding one-quarter of a mile. This is allowable only for passing another vehicle.
Maximum speed thru suburban sections, villages and towns.
Maximum speed in thickly built up parts of cities and towns.
6,000 lbs
8,000 lbs
12,000 lbs
16,000 lbs
20,000 lbs
22,000 lbs
2,000 lbs
35M
25M
25M
25M
22M
20M
20M
15M
15M
15M
15M
12M
12M
12M
15M
15M
15M
15M
12M
12M
12M
Provided, that it shall be lawful to operate passenger carrying motor coaches equipped with pneumatic tires and not weighing in excess of 15,000 pounds gross weight of vehicle and load, and equipped with four wheel brakes, at a rate of speed not in excess of that provided in Section 83 of this Act.
SOLID TIRES
Maximum gross weight including weight of vehicle
and load.
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Maximum speed open country no greater speed shall be maintained for a distance exceeding one-quarter of a mile. This is allowable only for passing another vehicle.
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Maximum speed thru suburban sections, villages and towns.
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Maximum speed in thickly built up parts of cities and towns.
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6,000 lbs
8,000 lbs
12,000 lbs
16,000 lbs
22,000 lbs
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25M
20M
18M
16M
15M
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15M
15M
15M
12M
12M
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15M
12M
12M
12M
12M
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Section 86. (Special Speed Limitation on Bridges.)
It shall be unlawful to drive any vehicle upon any public bridge, causeway or viaduct at a speed which is greater than the maximum speed which can with safety to such structure be maintained thereon, when such structure is signposted as provided in this Section.
The State Highway Department upon request from any local authorities shall, or upon its own initiative may, conduct an investigation of any public bridge, causeway or viaduct, and if it shall thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this Act, the State Highway Department shall determine and declare the maximum speed of vehicles which such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of one hundred feet before each end of such structure. The finding and determination of the State Highway Department shall be conclusive evidence of the maximum speed which can with safety to any such structure be maintained thereon.
Section 87. (When Speed Limit Not Applicable.)
The speed limitations set forth in this Act shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law or of persons charged with or suspected of any such violation, nor to fire department or fire patrol vehicles when traveling in response to a fire alarm, nor to public or private ambulances when traveling in emergencies. This exemption shall not however protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others.
Section 88. (Drive on Right Side of Highway.)
Upon all highways of sufficient width, except upon one way streets, the driver of a vehicle shall drive the same upon the right half of the highway and shall drive a slow moving vehicle as closely as possible to the right-hand edge or curb of such highway, unless it is impracticable to travel on such side of the highway and except when overtaking and passing another vehicle subject to the limitations applicable in overtaking and passing set forth in Sections 91 and 92 of this Act.
Section 89. (Keep to the Right in Crossing Intersections or Railroads.)
In crossing an intersection of highways or the intersection of a highway by a railroad right of way, the driver of a vehicle shall at all times cause such vehicle to travel on the right half of the highway unless such right half is obstructed or impassable.
Section 90. (Meeting of Vehicles.)
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other at least one-half of the main traveled portion of the roadway as nearly as possible.
Section 91. (Overtaking a Vehicle.)
(a) The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof, and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle.
(b) The driver of an overtaking motor vehicle not within a business or residence district as herein defined shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.
Section 92. (Limitations on Privilege of Overtaking and Passing.)
(a) The driver of a vehicle shall not drive to the left side of the center line of a highway 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 made in safety.
(b) The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction upon the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed within a distance of 500 feet.
(c) The driver of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction at any railway grade crossing nor at any intersection of highways unless permitted so to do by a traffic or police officer.
Section 93. (Driver to Give Way to Overtaking Vehicle.)
The driver of a vehicle upon a highway about to be overtaken and passed by another vehicle approaching from the rear shall give way to the right in favor of the overtaking vehicle on suit able and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
Section 94. (Following Too Closely.)
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicles and the traffic upon and condition of the highway.
(b) The driver of any motor truck when traveling upon a highway outside of a business or residence district shall not follow another motor truck within one hundred feet, but this shall not be construed to prevent one motor truck overtaking and passing another.
Section 95. (Turning at Intersection.)
(a) Except as otherwise provided in this section, the driver of a vehicle intending to turn to the right at an intersection shall approach such intersection in the lane for traffic nearest to the right-hand side of the highway, and in turning shall keep as closely as practicable to the right-hand curb or edge of the highway, and when intending to turn to the left shall approach such intersection in the lane for traffic to the right of and nearest to the center line of the highway and in turning shall pass beyond the center of the intersection, passing as closely as practicable to the right thereof before turning such vehicle to the left.
For the purpose of this Section, the center of the inter-section shall mean the meeting point of the medial lines of the highways intersecting one another.
(b) Local authorities in their respective jurisdictions may modify the foregoing method of turning at intersections by clearly indicating by buttons, markers or other direction signs within an intersection the course to be followed by vehicles turning thereat, and it shall be unlawful for any driver to fail to turn in a manner as so directed when such direction signs are installed by local authorities.
Section 96. (Signals on Starting, Stopping or Turning.)
(a) The driver of any vehicle upon a highway before starting, stopping or turning from a direct line shall first see that such movement can be made in safety and if any pedestrian may be affected by such movement shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle may be affected by such movement shall give signal as required in this section plainly visible to the driver of such other vehicle of the intention to make such movement.
(b) The signal herein required shall be given either by means of the hand and arm in the manner herein specified, or by an approved mechanical or electrical signal device, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible both to the front and rear the signal shall be given by a device of a type which has been approved by the Department.
Whenever the signal is given by means of the hand and arm, the driver shall indicate his intention to start, stop or turn by extending the hand and arm horizontally from and beyond the left side of the vehicle.
Section 97. (Right of Way.)
(a) The operator of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection. When two vehicles enter an intersection at the same time, the operator of the vehicle on the left shall yield the right of way to the vehicle on the right.
(b) The operator of a vehicle within an intersection intending to turn to the left across the path of any vehicle approaching from the opposite directions may make such left turn only after giving a signal as required by law, and after affording a reasonable opportunity to the operator of such other vehicle to avoid a collision.
(c) The driver of any vehicle upon a highway within a business or residence district shall yield the right of way to a pedestrian crossing such highway within any clearly marked crosswalk or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block, except at intersections where the movement of traffic is being regulated by traffic officers or traffic direction devices. Every pedestrian crossing a highway within a business or residence district at any point other than a pedestrian crossing, crosswalk or intersection shall yield the right of way to vehicles upon the highway.
Section 98. (Exceptions to the Right of Way Rule.)
(a) The driver of a vehicle entering a public highway from a private road or drive shall yield the right of way to all vehicles approaching on such public highway.
(b) The driver of a vehicle upon a highway shall yield the right of way to police and fire department vehicles and public and private ambulances, when they are operated upon official business and the drivers thereof sound audible signal by bell, siren or exhaust whistle. This provision shall not operate to relieve the driver of a police or fire department vehicle from the duty to drive with due regard for the safety of all persons using the highway nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right of way.
Section 99. (What to do on Approach of Police or Fire Department Vehicle.)
(a) Upon the approach of any police or fire department vehicle and public and private ambulances giving audible signal by bell, siren or exhaust whistle, the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right hand edge of curb of the highway, clear of any intersection of highways, and shall stop and remain in such position unless otherwise directed by a police or traffic officer until the police or fire department vehicle shall have passed.
(b) It shall be unlawful for the driver of any vehicle other than on official business to follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or to drive into or park such vehicle within five hundred feet where fire apparatus has stopped in answer to a fire alarm.
(c) It shall be unlawful for any person to drive any motor, or horse vehicle, over any line of hose, which has been laid for the purpose of extinguishing a fire.
Section 100. (Vehicle Must Stop at Certain Through Highways.)
(a) The State Highway Department with reference to State highways and local authorities with reference to highways under their jurisdiction are hereby authorized to designate main traveled or through highways by erecting at the entrances thereto from intersecting highways signs notifying drivers of vehicles to come to a full stop before entering or crossing such designated highway, and whenever any such signs have been so erected it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto. All such signs shall be illuminated at night or so placed as to be illuminated by the headlights of an approaching vehicle or by street lights.
(b) The operator of any vehicle who has come to a full stop as required above, upon entering the through street as well as operators of vehicles on such through street, shall be subject to the usual right of way prescribed by law and applicable to vehicles at intersections.
Section 101. (Passing Street Cars)
(a) The driver of a vehicle shall not overtake and pass upon the left any interurban or street car proceeding in the same direction, whether actually in motion or temporarily at rest when a travelable portion of the highway exists to the right of such street car.
(b) The driver of a vehicle overtaking any railway, interurban or street car stopped or about to stop for the purpose of receiving or discharging any passenger, shall bring such vehicle to a full stop at least ten feet in the rear of such street car and remain stationary until any such passenger has boarded such car or reached the adjacent sidewalk, except that where a safety zone has been established, a vehicle need not be brought to a full stop before passing any such railway, interurban or street car, but may proceed past such car at a speed not greater than is reasonable or proper and in no event greater than ten miles an hour and with due caution for the safety of pedestrians.
Section 102. (Driving Through Safety Zone Prohibited.)
The driver of a vehicle shall not at any time drive through or over a safety zone as defined in Article 1 of this Act.
Section 103. (Stopping on Highway.)
(a) No person shall park or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main traveled portion of any highway, outside of a business or residence district, when it is practicable to park or leave such vehicle standing off of the paved or improved or main traveled portion of such highway ; provided, in no event shall any person park or leave standing any vehicle, whether attended or unattended, upon any highway unless a clear and unobstructed width of not less than fifteen feet upon the main traveled portion of said highway opposite such standing vehicle shall be left for free passage of other vehicles thereon, nor unless a clear view of such vehicle may be obtained from a distance of 200 feet in each direction upon such highway.
(b) Whenever any peace officer shall find a vehicle standing upon a highway in violation of the provisions of this section, he is hereby authorized to move such vehicle or require the driver or person in charge of such vehicle to move such vehicle to a position permitted under this section.
(c) The provisions of this Section shall not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a highway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such vehicle in such position.
Section 104. (Parking in Front of Fire Hydrant, Fire Station or Private Driveway.)
No person shall park a vehicle or permit it to stand, whether attended or unattended, upon a highway in front of a private driveway or within fifteen feet in either direction of a fire hydrant or the entrance of a fire station nor within twenty-five feet from the intersection of curb lines or if none then within fifteen feet of the intersection of property lines at an intersection of highways.
Section 105. (Motor Vehicle Left Unattended. Brakes to be set and engine stopped.)
No person having control or charge of a motor vehicle shall allow such vehicle to stand on any highway unattended without first effectively setting the brakes thereon and stopping the motor of said vehicle and when standing upon any grade without turning the front wheels of such vehicle to the curb or side of the highway.
Section 106. (Coasting prohibited.)
The driver of a motor vehicle when traveling upon a down grade upon any highway shall not coast with the gears of such vehicle in neutral.
Section 107. (Duty to stop in event of accident.)
(a) The driver of any vehicle involved in an accident resulting in injury or death to any person shall immediately stop such vehicle at the scene of such accident and any person violating this provision shall upon conviction be punished as provided in Section 144 of this Act.
(b) The driver of any vehicle involved in an accident resulting in damage to property shall immediately stop such vehicle at the scene of such accident and any person violating this provision shall upon conviction be punished as provided in Section 144 of this Act.
(c) The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall also give his name, address and the registration number of his vehicle and exhibit his operator's or chauffeur's license to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person.
Section 108. (Duty to Report Accidents.)
The driver of any vehicle involved in an accident resulting in injuries or death to any person or property damage to an apparent extent of fifty dollars or more shall within twenty-four hours forward a report of such accident to the nearest State Highway Police Station except that when such accident occurs within the city of Wilmington such report shall be made within 24 hours to the Department of Public Safety in that city.
The State Highway Department may require drivers, involved in accidents, or police departments to file supplemental reports of accidents upon forms furnished by it whenever the original report is insufficient in the opinion of the Department. Such reports shall be without prejudice, shall be for the information of the Department and shall not be open to public inspection. The fact that such reports have been so made shall be admissible in evidence solely to prove a compliance with this Section but no such report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such accidents.
Section 109. (Accident Statistics and Reports.)
(a) The State Highway Department shall prepare and may supply to police and sheriffs' offices and other suitable agencies forms for accident reports calling for sufficiently detailed information to disclose with reference to a highway accident the cause, conditions then existing and the persons and vehicles involved.
(b) The Department shall receive accident reports required to be made by law and shall tabulate and analyze such reports and publish annually or at more frequent intervals statistical information based thereon as to the number, cause and location of highway accidents. Such reports shall be without prejudice, shall be for the information of the State Highway Department and shall not be open to public inspection. The fact that such reports have been so made shall be admissible in evidence solely to prove a compliance with this Section but no such report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such accident.
Section 110. (Garage Keeper to Report Damaged Vehicles.)
The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious accident or struck by any bullet shall report to the nearest police station or sheriff's office within twenty-four hours after such motor vehicle is received giving the engine number, registration number, and the name and address of the owner of such vehicle. Cars involved in accidents resulting in death to human beings shall not be moved from place of accident unless needed to convey injured person to hospital or doctor until arrival of police.
Section 111. (Drivers of State, County and City Vehicles Subject to Provisions of the Act.)
The provisions of this Act applicable to the drivers of vehicles upon the highways, shall apply to the drivers of all vehicles owned or operated by this State or any county, city, town, district or any other political subdivision of the State subject to such specific exceptions as are set forth in this Act. The provisions of this Act shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway at the place of actual construction or repair but shall apply to such person and vehicles when traveling to or from such work.
Section 112. (Powers of Local Authorities.)
Local authorities except as expressly authorized by Section 100 shall have no power or authority to alter any speed limitations declared in this Act or to enact or enforce any rule or regulation contrary to the provisions of this Act, except that local authorities shall have power to provide by ordinance for the regulation of traffic by means of traffic officers or semaphores or other signaling devices on any portion of the highway where traffic is heavy or continuous and may prohibit other than one-way traffic upon certain highways and may regulate the use of the highways by processions or assemblages. Local authorities may also regulate the speed of vehicles in public parks and shall erect at all entrances to such parks adequate signs giving notice of any such special speed regulations.
Section 113. (This Act Not to Interfere with Rights of Owners of Real Property with Reference Thereto.)
Nothing in this Act 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 matter of right from prohibiting such use nor from requiring other or different or additional conditions than those specified in this Act or otherwise regulating such use as may seem best to such owner.
TITLE II THE SIZE, WEIGHT, CONSTRUCTION AND EQUIPMENT OF VEHICLES
Section 114. (Scope and Effect of Regulations in This Title.)
It shall be unlawful and constitute a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in this title or the rules and regulations of the Commissioner adopted pursuant thereto and the maximum size and weight of vehicles herein specified shall be lawful throughout this State, and local authorities shall have no power or authority to alter said limitations except as express authority may be granted in this Act.
Section 115. (Size of Vehicles and Loads.)
(a) No vehicle shall exceed a total outside width, including any load thereon, of eight feet, except that the width of a farm tractor shall not exceed nine feet, and excepting further, that the limitations as to size of vehicles stated in this Section shall not apply to implements of husbandry temporarily propelled or moved upon the public highway.
(b) No vehicle unladen or with load shall exceed a height of 12 feet and 2 inches.
(c) No vehicle shall exceed a length of thirty-three feet and no combination of vehicles coupled together shall exceed a total length of 60 feet.
(d) No train of vehicles or vehicle operated alone shall carry any load extending more than three feet beyond the front thereof.
(e) No passenger vehicle shall carry any load extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fender on the right side thereof.
Section 116. (Flag or Light at End of Load.)
Whenever the load of any vehicle shall extend more than four feet beyond the rear of the bed or body thereof, there shall be displayed at the end of such load in such position as to be clearly visible at all times from the rear of such load a red flag not less than twelve inches both in length and width, except that between one-half hour after sunset and one-half hour before sunrise there shall be displayed at the end of such load a red light plainly visible under normal atmospheric conditions at least two hundred feet from the rear of such vehicle.
Section 117. (Weights of Vehicles and Loads.)
(a) No motor vehicle, equipped with solid rubber tires, shall have a gross weight, including vehicle and load, of more than twenty-two thousand (22,000) pounds, nor shall any motor vehicle equipped with pneumatic tires have a gross weight, including vehicle and load, of more than twenty-four thousand (24,000) pounds for four wheeled vehicle, or a gross weight of more than thirty-six thousand (36,000) pounds for a six wheeled vehicle.
(b) No truck or tractor with semi-trailer shall have a combined gross weight of loads and vehicles of more than thirty-eight thousand (38,000) pounds.
(c) No vehicle shall have a load in excess of seven hundred (700) pounds per inch in width of tire (measured between the flanges) for solid tires and at greatest width of casing for pneumatic tires.
(d) No vehicle shall have an axle load of more than sixteen thousand (16,000) pounds.
(e) No trailer shall have a carrying capacity of more than ten thousand (10,000) pounds.
(f) Trailers equipped with metal tires bearing a gross load in excess of six thousand (6,000) pounds shall not be allowed on State highways.
Section 118. (Peace Officer May Weigh Vehicles and Require Removal of Excess Load.)
Any uniformed police officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to weigh the same either by means of portable scales or stationary, and may require that such vehicle be driven to the nearest scales in the event such scales are within two miles. The officer may then require the driver to unload immediately such portion of the load as may be necessary to decrease the gross weight of such vehicle to the maximum therefor specified in this Act. All such material shall be unloaded and cared for by the owner or operator of the truck at the risk of such owner or operator.
Section 119. (Permits for Excessive Size and Weight.)
The State Highway Department and local authorities in their respective jurisdiction may, in their discretion, upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle of a size or weight exceeding the maximum specified in this Act, upon any highway under the jurisdiction of and for the maintenance of which the body granting the permit is responsible. Every such permit shall be issued for a single trip and may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the body granting such permit. Every such permit shall be carried in the vehicle to which it refers and shall be open to inspection by any peace officer and it shall be a misdemeanor for any person to violate any of the terms or conditions of such special permit, and shall be punished as provided in Section 142 of this Act.
Section 120. (When Local Authorities May Restrict Right to Use Highways.)
Local authorities may by ordinance or resolution prohibit the operation of vehicles upon any highway or impose restrictions as to weight of vehicles for a total period not to exceed ninety days in any one calendar year, when operated upon any highway under the jurisdiction of and for the maintenance of which such local authorities are responsible whenever any said highway by reason of deterioration, rain, snow or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. Such local authorities enacting any such ordinance or resolution shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected thereby and the ordinance or resolution shall not be effective until or unless such signs are erected and maintained. Local authorities may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or impose limitations as to the weight thereof on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways.
Section 121. (Restrictions as to Tire Equipment.)
(a) Every solid rubber tire on a vehicle moved on any highway shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.
(b) No tire on a vehicle moved on a highway shall have on its periphery any block, stude, flange, cleat or spike or any other protuberances of any material other than rubber which projects beyond the tread of the traction surface of the tire except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway and except, also, that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to slide or skid.
(c) The State Highway Department and local authorities in their respective jurisdictions may, in their discretion, issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery.
Section 122. (Trailers and Towed Vehicles.)
(a) No motor vehicle shall be driven upon any highway drawing or having attached thereto more than one other vehicle, except that a motor vehicle with semi-trailer may draw in addition thereto one other vehicle.
(b) The draw bar or other connection between any two vehicles, one of which is towing or drawing the other on a highway, shall not exceed fifteen feet in length from one vehicle to the other. Whenever such connection consists of a chain, rope or cable, there shall be displayed upon such connection a red flag or other signal or cloth not less than twelve inches both in length and width.
Section 123. (Brakes.)
(a) Every motor vehicle when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and any trailer or semi-trailer attached thereto, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels and so constructed that no part which is liable to failure shall be common to the two, except that a motorcycle need be equipped with only one brake. All such brakes shall be maintained in good working order and shall conform to regulations not inconsistent with this Section to be promulgated by the Commissioner.
(b) No trailer or semi-trailer with a gross weight of load and vehicle in excess of four thousand (4000) pounds shall be operated on the highways of this State at a speed in excess of ten (10) miles per hour unless equipped with 'suitable brakes controlled by the operator of the towing vehicle.
Section 124. (Horns and Warning Devices.)
(a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, and it shall be unlawful, except as otherwise provided in this Section, for any vehicle to be equipped with or for any person to use upon a vehicle any siren, exhaust, compression or spark plug whistle or for any person at any time to use a horn otherwise than as a reasonable warning or to make any unnecessary or unreasonable loud or harsh sound by means of a horn or other warning device.
(b) Every police and fire department and fire patrol vehicle and every ambulance used for emergency calls shall be equipped with a bell, siren or exhaust whistle of a type approved by the Commissioner.
Section 125. (Mirrors.)
All motor vehicles and motorcycles shall be equipped with a mirror so placed that the driver thereof may readily ascertain the presence of any vehicle traveling in the same direction and overtaking him.
Section 126. (Windshields Must be Unobstructed and Equipped with Wipers.)
(a) It shall be unlawful for any person to drive any vehicle upon a highway with any sign, poster or other non-transparent material upon the front windshield, side wings, side or rear windows of such motor vehicle other than a certificate or other paper required to be so displayed by law.
(b) Every windshield on a motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
Section 127. (Prevention of Noise, Etc.; Muffler Cut-Outs Regulated.)
(a) No person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.
(b) It shall be unlawful to use a "muffler cut-out" on any motor vehicle upon a highway.
(c) No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.
Section 128. (Required Lighting Equipment of Vehicles.)
(a) When Vehicles Must be Equipped.
Every vehicle upon a highway within this State during the period from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of two hundred feet ahead, shall be equipped with lighted front and rear lamps as in this Section respectively required for different classes of vehicles and subject to exemption with reference to lights on parked vehicles as declared in Section 133.
(b) Head Lamps on Motor Vehicles.
Every motor vehicle other than a motorcycle, road-roller, road machinery, or farm tractor shall be equipped with two head lamps, no more and no less, at the front and on opposite sides of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in Section 130 or Section 133 and except as to acetylene head lamps shall be of a type which has been approved by the Commissioner.
(c) Head Lamps on Motorcycles.
Every motorcycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and /imitations set forth in Section 130 or Section 133 and except as to acetylene head lamps shall be of a type which has been approved by the Commissioner.
(d) Rear Lamps.
Every motor vehicle and every trailer or semi-trailer which is being drawn at the end of a trail of vehicles shall carry at the rear a lamp of a type which has been approved by the Commissioner and which exhibits a red light plainly visible under normal atmospheric conditions from a distance of five hundred feet to the rear of such vehicle and so constructed and placed that the number plate carried on the rear of such vehicle shall under like conditions be so illuminated by a white light as to be read from a distance of fifty feet to the rear of such vehicle.
(e) Clearance Lamps.
Every motor vehicle, other than any road roller, road machinery or farm tractor having a width at any part in excess of eighty inches shall carry two clearance lamps on the left side of such vehicle, and two on the right side of such vehicle. One light on each side at front displaying a white light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and one light on each side located at the rear of the vehicle and displaying a green light visible under like conditions from a distance of 500 feet to the rear of the vehicle provided that any combination of vehicle and semi-trailer having a length of over 33 feet shall display a green light on each side of said semi-trailer at intervals of not over ten feet.
(f) Lamps on Bicycles.
Every bicycle shall be equipped with a lighted lamp on the front thereof visible under normal atmospheric conditions from a distance of at least three hundred feet in front of such bicycle and shall also be equipped with a reflex mirror or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least two hundred feet to the rear of such bicycle.
(g) Lights on Other Vehicles.
All vehicles not heretofore in this Section required to be equipped with specified lighted lamps shall carry one or mote lighted lamps or lanterns displaying a white light visible under normal atmospheric conditions from a distance of not less than 500 feet in front of such vehicle and displaying a red light visible under like conditions from a distance of not less than 500 feet in the rear of such vehicle.
Section 129. (Additional Permissible Lights on Vehicles.)
(a) Spot Lamps.
Any motor vehicle may be equipped with not to exceed two spot lamps, except that a motorcycle shall not be equipped with more than one spot lamp, and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the beam will be directed to the left of the center of the highway nor more than 100 feet ahead of the vehicle.
(b) Auxiliary Driving Lamps.
Any motor vehicle may be 'equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than 24 inches above the level surface on which the vehicle stands and every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in Section 130c.
(c) Signal Lamps.
Whenever a motor vehicle is equipped with a signal /amp to, comply with provisions of Section 128, the signal lamp shall be so constructed and located on the vehicle as to give a signal, red in color, which shall be plainly visible in normal sunlight, from a distance of 100 feet to the rear of the vehicle but shall not project a glaring or dazzling light and shall be of a type approved by the Commissioner.
(d) Restrictions on Lamps.
Any device, other than head lamps, spot lamps or auxiliary driving lamps, which projects a beam of light of an intensity greater than twenty-one candlepower, shall be so directed that no part of the beam will strike the level of the surface on which the vehicle stands at a distance of more than 50 feet from the vehicle.
Section 130. (Requirements as to Head Lamps and Auxiliary Driving Lamps.)
(a) The head lamps of motor vehicles shall be so constructed, arranged, and adjusted that, except as provided in subsection (c) of this Section, they will at all times mentioned in Section 128 and under normal atmospheric conditions and on a level road produce a driving light sufficient to render clearly discernible a person two hundred feet ahead, but shall not project a glaring or dazzling light to persons in front of such head lamp.
(b) Head lamps shall be deemed to comply with the foregoing provisions prohibiting glaring and dazzling lights if none of the main bright portion of the head lamp beams rises above a horizontal plane passing through the lamp centers parallel to the level road upon which the loaded vehicle stands and in no case higher than forty-two inches, seventy-five feet ahead of the vehicle.
(c) Whenever a motor vehicle is being operated upon a highway, or a portion thereof, which is sufficiently lighted to reveal a person on the highway at a distance of 200 feet ahead of the vehicle it shall be permissible to dim the head lamps or to tilt the beams downward or to substitute therefore the light from an auxiliary driving lamp or pair of such lamps, subject to the restrictions as to tilted beams and auxiliary driving lamps set forth in this subsection.
Whenever a motor vehicle meets another vehicle on any highway it shall be permissible to tilt the beams of the head lamps downward or to substitute therefor the light from an auxiliary driving lamp or pair of such lamps subject to the requirement that the tilted head lamps or auxiliary lamp or lamps shall give sufficient illumination under normal atmospheric conditions and on a level road to render clearly discernible a person 75 feet ahead, but shall not project a glaring or dazzling light to persons in front of the vehicle, provided that at all times required in Section 128 at least two lights shall be displayed on the front of and on opposite sides of every motor vehicle other than a motorcycle, road-roller, road machinery, or farm tractor.
Section 131. (Acetylene Lights.)
Motor vehicles may be equipped with two acetylene head lamps of approximately equal candlepower when equipped with clear plane glass front, bright six-inch spherical mirrors and standard acetylene five-eighths foot burners not more and not less and which do not project a glaring or dazzling light into the eyes of approaching drivers.
Section 132. (Test and Approval of Lamps.)
(a) It shall be unlawful for any person to sell or offer for sale, either separately or as a part of the equipment of a motor vehicle, or to use upon a highway, any electric head lamp, or any auxiliary driving lamp, rear lamp or signal lamp, unless of a type which has been submitted to the Commissioner for test and for which a certificate of approval has been obtained from the Commissioner as hereinafter provided. The Commissioner is hereby authorized and required to adopt and enforce standard specifications as to the amount, color, and direction of light to be emitted by head lamps, auxiliary driving lamps, rear lamps and signal lamps for compliance with the requirements and limitations set forth in Section 128, 129, 130; and the Commissioner is authorized and required to determine whether any head lamps, auxiliary driving lamps, signal lamps and rear lamps submitted will comply with the requirements of this Act and the specifications adopted by the Commissioner and to approve such head lamps, and to publish lists of such devices by name and type together with the permissible candlepower rating of the bulbs as he shall determine are lawful hereunder.
(b) Any person, firm or corporation desiring approval of a device shall submit to the Commissioner two sets of each type of device upon which approval is desired, together with a fee of $25.00 for each type of head lamp and auxiliary driving lamp and a fee of $10.00 for each type of rear lamp or signal lamp submitted. Within 30 days the Commissioner shall, upon notice to the applicant submit such device to the United States Bureau of Standards or to such other recognized testing laboratory as he may elect for a report as to the compliance of such type of device with the standard specifications and the provisions of this Act as to lighting performance. The Commissioner is authorized and required to accept the certificate of the United States Bureau of Standards or of some other recognized testing laboratory as to compliance with the specifications and requirements ; provided, however, that in cases of dispute as to the findings of such other laboratory appeal may be made to the United States Bureau of Standards ; and provided also that the Commissioner is authorized to refuse approval of any device, certified as complying with the specifications and requirements, which the Commissioner determines will be in actual use unsafe or impracticable or would fail to comply with the provisions of this Act.
The Commissioner shall request the testing agency to submit a report of each type of device to the Commissioner. For those which are found to comply with the specifications and requirements the report shall include any special adjustments required and the candlepower rating of the bulbs for such conformance. Reports of all tests shall be accessible to the public and a copy thereof shall be furnished by the Commissioner to the applicant for the test.
(d) The Commissioner when having reason to believe that an approved device as being sold commercially does not comply with the requirements of this Act, may after 30 days' notice to the manufacturer thereof, suspend or revoke the approval issue thereof until or unless such device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this Act. The Commissioner may at the time of the retest purchase in the open market and submit to the testing agency one or more sets of such approved devices and if such device upon such retest fails to meet the requirements of this Act, the Commissioner may refuse to renew the certificate of approval of such device.
(e) It shall be unlawful for any person to sell or to offer for sale either separately or as a part of the equipment of a motor vehicle any head lamp, auxiliary driving lamp, rear lamp or signal lamp approved by the Commissioner unless such device bears thereon the trade-mark or name under which it is approved so as to be legible when installed, and is accompanied by printed instructions as to the candlepower of bulbs to be used therewith as approved by the Commissioner and any particular methods of mounting or adjustment as to focus or aim necessary for compliance with the requirements of this Act.
Section 133. (Enforcement of Provisions.)
(a) The Commissioner is authorized to designate, furnish instructions to and to supervise official stations for adjusting head lamps and auxiliary driving lamps to conform with the provisions of Section 132 when head lamps and auxiliary driving lamps have been adjusted in conformity with the instructions issued by the Commissioner a certificate of adjustment shall be issued to the driver of a motor vehicle on forms issued in duplicate by the Commissioner and showing date of issue, registration number of the motor vehicle, owner's name, make of vehicle and official designation of the adjustment station.
(b) The driver of any motor vehicle equipped with approved head lamps, auxiliary lamps, rear lamps or signal lamps, who is arrested upon a charge that such lamps are improperly adjusted or are equipped with bulbs of a candlepower not approved for use therewith, shall be allowed 48 hours within which to bring such lamps into conformance with the requirements of this Act. It shall be a defense to any such charge that the person arrested produce in Court or submit to the prosecuting attorney a certificate from an official adjusting station showing that within 48 hours after such arrest such lamps have been made to conform with the requirements of this Act.
Section 134. (Lights on Parked Vehicles.)
Whenever a vehicle is parked or stopped upon a highway whether attended or unattended during the times mentioned in Section 128 there shall be displayed upon such vehicle one or more lamps projecting a white light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle and projecting a red light visible under like conditions from a distance of five hundred feet to the rear, except that local authorities may provide by ordinance that no lights need be displayed upon any such vehicle when parked in accordance with local ordinances upon a highway where there is sufficient light to reveal any person within a distance of two hundred feet upon such highway.
Section 135. (Red or Green Light Visible from in Front of Vehicle Prohibited.)
It shall be unlawful for any person to drive or move any vehicle upon a highway with any other than a white light thereon visible from directly in front thereof. This Section shall not apply to police or fire department or fire patrol vehicles.
TITLE III HIGHWAY TRAFFIC SIGNS
Section 136. (Uniform Marking of and Erection of Signs on Highways.)
The State Highway Department is hereby authorized to classify, designate and mark both intrastate and interstate highways lying within the boundaries of this state and to provide a uniform system of marking and signing such highways under the jurisdiction of this State and such system of marking and signing shall correlate with and so far as possible conform to the system adopted in other states.
Section 13. (Local Traffic Signs.)
Local authorities in their respective jurisdictions may cause appropriate signs to be erected and maintained, designating residence and business districts, highways and steam or interurban railway grade crossings and such other signs as may be deemed necessary to carry out the provisions of this Act, and such additional signs as may be appropriate to give notice of local parking and other special regulations. Local parking and other special regulations shall not be enforcible against an alleged violation if, at the time and place of the alleged violation, an appropriate sign giving notice thereof, is no in proper position and sufficiently legible to be seen by an ordinarily observant person.
Section 138. (Other than Official Signs Prohibited.)
No unauthorized person shall erect or maintain upon any highway any warning or direction sign, marker, signal or light in imitation of any official sign, marker, signal or light erected under the provisions of this Act, and no person shall erect or maintain upon any highway any traffic or highway sign or signal bearing thereon any commercial advertising, provided nothing in this Section shall be construed to prohibit the erection or maintenance of signs, markers, or signals bearing thereon the name of an organization authorized to erect the same by the State Highway Department or any local authority as defined in this Act.
Section 139. (Injuring Signs.)
Any person who shall deface, injure, knock down or remove any sign posted as provided in this Act shall be guilty of a misdemeanor, punishable as provided in Section 142 of this Act.
Section 140. (Power to Seize Automobiles.)
Any member of the State Highway Police or any automobile inspector shall, after the passage of this Act, be clothed with the authority and have the right and are hereby directed to summarily seize in the name of the State and take from any person having in his or her possession any motorcycle or motor vehicle from which the manufacturer's serial number or any other manufacturer's trade or distinguishing number or identification mark has been removed and effaced, changed, covered or destroyed, and such officer making said seizure shall at once deliver such motorcycle or motor vehicle to the Secretary of State, who is hereby empowered to hold said motor vehicle until he shall have determined the true owner thereof. Whereupon said Secretary of State shall apprise such true owner of the fact that he has in his possession such motorcycle or motor vehicle and said Secretary of State shall deliver the same to the rightful owner thereof. Said owner first paying to the Secretary of State the cost of such delivery.
The Secretary of State shall be required to hold in his possession any motorcycle or motor vehicle seized as aforesaid for at least ten days after such seizure, curing which time the person from whom the same was taken shall have the right to replevy the same.
Section 141. (Penalty for Misdemeanor under Sections 82,
124, 125, 126, 127, 128, 129, 130, 131, 134 and 135.)
Every person convicted of a misdemeanor for a violation of any of the provisions of Sections 82, 124, 125, 126, 127, 128, 129, 130, 131, 134 and 135, shall be punished for the first offense by a fine of not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00), or imprisonment for not less than two (2) days, nor more than ten (10) days, or both such fine and imprisonment, and for each subsequent like offense shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00), or by imprisonment for not less than two days nor more than fifteen days, or by both such fine and imprisonment.
Section 142. (Penalty for Misdemeanors under Sections 83 to 106, inclusive, and 110, 114, 115, 116, 117, 119, 120, 121, 122, 123, 132, 133, 138 and 139.)
Every person convicted of a misdemeanor for a violation of any of the provisions of Sections 83 to 106, inclusive, and 110, 114, 115, 116, 117, 119, 120, 121, 122, 123, 132, 133, 138 and 139, shall be punished for the first offense by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.), or imprisonment for not less than ten (10) days nor more than thirty (30) days, or both such fine and imprisonment, and for each subsequent like offense shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment for not less than fifteen (15) days nor more than thirty (30) days, or by both such fine and imprisonment.
Section 143. (Penalty for Driving While Under the Influence of Intoxicating Liquor or Narcotic Drugs under Section 81.)
Every person who is convicted of a violation of Section 81 of this Act relating to habitual users of narcotic drugs and driving while under the influence of intoxicating liquor and narcotic drugs, shall be punished for the first conviction by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for a term of thirty (30) days, or both such fine and imprisonment, and for each subsequent conviction shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not less than thirty (30) days nor more than one (1) year, or both such fine and imprisonment. The Commissioner shall revoke the operator's or chauffeur's license of every person so convicted.
Section 144. (Penalty for Failure to Stop in the Event of Accident Involving Injury or Death to a Person.)
Every person convicted of violating Sections 107 or 108 of this Act relative to the duty to stop in event of certain accidents, shall be punished by imprisonment for not less than thirty (30) days nor more than five (5) years, or by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. The Commissioner shall revoke the operator's or chauffeur's license of every person so convicted.
Section 145. (Power to Arrest, etc.)
The Commissioner, his deputies, motor vehicle inspectors, state highway police, state detectives, sheriffs, constables, and other police officers, now authorized by law to make arrests for violation of the motor vehicle and traffic laws of this State, are hereby empowered to arrest upon view and without warrant any person or persons violating any of the provisions of this Act.
(a) In the event of an arrest as aforesaid, the person or persons so arrested shall be taken before a Justice of the Peace in or the judge of the Municipal Court of the City of Wilmington, provided, if the arrest be for a violation outside the City of Wilmington, it shall be the right and privilege of the person so arrested to have his or her case heard and determined by a Justice of the Peace whose regular office shall be nearest to the place where such person was arrested. It shall be a sufficient defense for any person arrested as aforesaid, to show by one competent witness that there is in the State of Delaware, outside of the City of Wilmington, a Justice of the Peace whose regular office is nearer to the place where such person was arrested than the Justice before whom the case is being tried.
(b) In the event of an arrest as aforesaid, if the defendant is unable to give sufficient bail for a hearing or for his presence at Court, the magistrate before whom he is first taken may accept as a forfeit, conditioned upon the defendant's appearance as aforesaid, a sum of money equal in amount to the maximum fines which could be imposed under the provisions of this Act and the costs, or in lieu of said bail or forfeit may accept any article of sufficient value, or hold in custody a motor vehicle found in the possession of the defendant ; and such magistrate, after the trial of the defendant, if sufficient bail according to law has not been given in the meantime, shall make such order as to the disposal of such motor vehicle or other articles as to him shall seem just and proper. All fines and costs collected for the violation of any of the provisions of this Act, in the limits of any incorporated city or town in this State, shall be paid to the incorporated city or town within which such offense was committed, for the use of said city or town ; provided, however, that all the fines, penalties, and forfeitures imposed and collected in any County of this State for violation of any of the laws of this Act in relation to motor vehicles where the arrests are procured by the authorized representatives of the State Highway Department, shall inure and be paid to the State Treasurer for the use of the State Highway Department. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting same shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the State Highway Department.
Violation, refusal or neglect to comply with any of the provisions regarding the disposal of fines and forfeitures as provided above, shall constitute misconduct in office and shall be ground for removal therefrom.
Provided, however, that the provisions of the above Section shall not apply to any person who shall have violated any Traffic Regulation concerning the number of kind or range of the lights on his motor vehicle, but that the only penalty which shall be imposed upon a person having a defective head light, tail light, or side light, either as to number, kind, or range of such light or lights shall be as follows : That any officer arresting a person because of defective lights, as aforesaid, if it be the first offense of the person, shall accompany or direct such person to the nearest public garage, equipped to remedy such defective light, and shall there have such lights remedied, so as to conform to the State Motor Traffic Vehicle regulations, to the expense of the person owning or operating such motor vehicle, and provided further, that the officer making the arrest, if it be the first offense of the person, shall designate upon the operator's license and the motor registration license, if it be the owner of the car so violating, some mark or symbol whereby it shall be known that such person has violated the Motor Traffic regulations in regard to defective lights. And provided further, that for any second offense in violation of the Motor Traffic regulations in regard to lights, as aforesaid, the person so violating shall be subject upon conviction before the nearest Justice of the Peace to the point of arrest, or the Municipal Court of the City of Wilmington, to the punishment provided in Section 141 of this Act.
Section 146. (Appeals.)
Any person convicted under the provisions of this Act shall have the right of an appeal unless otherwise stated in this Act, to the Court of General Sessions of the County, upon giving bond in the sum of Five Hundred Dollars ($500.00) to the State with surety satisfactory to the Mayor, Justice of the Peace or Judge before whom such person was committed. Such appeal to be taken and bond given within five (5) days from the time of conviction.
Section 147. (Disposition of Revenue.)
All revenue derived from the registration and titling of motor vehicles and from licenses issued to chauffeurs and operators of motor vehicles and from fines, penalties and forfeitures collected for violation of any of the provisions in relation to motor vehicles and all fees charged for services rendered by the Department, if such revenue be obtained under the provisions of this Act, shall be paid to the State Treasurer for the use of the State Highway Department in accordance with the purposes set forth in Chapter 66, Volume 35, Laws of Delaware, subject, however, to the provisions of Section 145 (b) hereof.
Section 148. (Constitutionality.)
If any part or parts of this Act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Act. The legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared unconstitutional.
Section 149. (Repeal.)
All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.
(a) No offense committed and no penalties or forfeitures incurred and no prosecution commenced under any of the laws repealed by this Act and before the time when such repeal shall take effect shall be affected by this Act.
Approved April 8, 1929.
Maximum gross weight including weight of vehicle
and load.
Maximum speed open country no greater speed shall be maintained for a distance exceeding one-quarter of a mile. This is allowable only for passing another vehicle.
Maximum speed thru suburban sections, villages and towns.
Maximum speed in thickly built up parts of cities and towns.
6,000 lbs
8,000 lbs
12,000 lbs
16,000 lbs
22,000 lbs
25M
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18M
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12M
Section 86. (Special Speed Limitation on Bridges.)
It shall be unlawful to drive any vehicle upon any public bridge, causeway or viaduct at a speed which is greater than the maximum speed which can with safety to such structure be maintained thereon, when such structure is signposted as provided in this Section.
The State Highway Department upon request from any local authorities shall, or upon its own initiative may, conduct an investigation of any public bridge, causeway or viaduct, and if it shall thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this Act, the State Highway Department shall determine and declare the maximum speed of vehicles which such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of one hundred feet before each end of such structure. The finding and determination of the State Highway Department shall be conclusive evidence of the maximum speed which can with safety to any such structure be maintained thereon.
Section 87. (When Speed Limit Not Applicable.)
The speed limitations set forth in this Act shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law or of persons charged with or suspected of any such violation, nor to fire department or fire patrol vehicles when traveling in response to a fire alarm, nor to public or private ambulances when traveling in emergencies. This exemption shall not however protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others.
Section 88. (Drive on Right Side of Highway.)
Upon all highways of sufficient width, except upon one way streets, the driver of a vehicle shall drive the same upon the right half of the highway and shall drive a slow moving vehicle as closely as possible to the right-hand edge or curb of such highway, unless it is impracticable to travel on such side of the highway and except when overtaking and passing another vehicle subject to the limitations applicable in overtaking and passing set forth in Sections 91 and 92 of this Act.
Section 89. (Keep to the Right in Crossing Intersections or Railroads.)
In crossing an intersection of highways or the intersection of a highway by a railroad right of way, the driver of a vehicle shall at all times cause such vehicle to travel on the right half of the highway unless such right half is obstructed or impassable.
Section 90. (Meeting of Vehicles.)
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other at least one-half of the main traveled portion of the roadway as nearly as possible.
Section 91. (Overtaking a Vehicle.)
(a) The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof, and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle.
(b) The driver of an overtaking motor vehicle not within a business or residence district as herein defined shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.
Section 92. (Limitations on Privilege of Overtaking and Passing.)
(a) The driver of a vehicle shall not drive to the left side of the center line of a highway 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 made in safety.
(b) The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction upon the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed within a distance of 500 feet.
(c) The driver of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction at any railway grade crossing nor at any intersection of highways unless permitted so to do by a traffic or police officer.
Section 93. (Driver to Give Way to Overtaking Vehicle.)
The driver of a vehicle upon a highway about to be overtaken and passed by another vehicle approaching from the rear shall give way to the right in favor of the overtaking vehicle on suit able and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
Section 94. (Following Too Closely.)
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicles and the traffic upon and condition of the highway.
(b) The driver of any motor truck when traveling upon a highway outside of a business or residence district shall not follow another motor truck within one hundred feet, but this shall not be construed to prevent one motor truck overtaking and passing another.
Section 95. (Turning at Intersection.)
(a) Except as otherwise provided in this section, the driver of a vehicle intending to turn to the right at an intersection shall approach such intersection in the lane for traffic nearest to the right-hand side of the highway, and in turning shall keep as closely as practicable to the right-hand curb or edge of the highway, and when intending to turn to the left shall approach such intersection in the lane for traffic to the right of and nearest to the center line of the highway and in turning shall pass beyond the center of the intersection, passing as closely as practicable to the right thereof before turning such vehicle to the left.
For the purpose of this Section, the center of the inter-section shall mean the meeting point of the medial lines of the highways intersecting one another.
(b) Local authorities in their respective jurisdictions may modify the foregoing method of turning at intersections by clearly indicating by buttons, markers or other direction signs within an intersection the course to be followed by vehicles turning thereat, and it shall be unlawful for any driver to fail to turn in a manner as so directed when such direction signs are installed by local authorities.
Section 96. (Signals on Starting, Stopping or Turning.)
(a) The driver of any vehicle upon a highway before starting, stopping or turning from a direct line shall first see that such movement can be made in safety and if any pedestrian may be affected by such movement shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle may be affected by such movement shall give signal as required in this section plainly visible to the driver of such other vehicle of the intention to make such movement.
(b) The signal herein required shall be given either by means of the hand and arm in the manner herein specified, or by an approved mechanical or electrical signal device, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible both to the front and rear the signal shall be given by a device of a type which has been approved by the Department.
Whenever the signal is given by means of the hand and arm, the driver shall indicate his intention to start, stop or turn by extending the hand and arm horizontally from and beyond the left side of the vehicle.
Section 97. (Right of Way.)
(a) The operator of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection. When two vehicles enter an intersection at the same time, the operator of the vehicle on the left shall yield the right of way to the vehicle on the right.
(b) The operator of a vehicle within an intersection intending to turn to the left across the path of any vehicle approaching from the opposite directions may make such left turn only after giving a signal as required by law, and after affording a reasonable opportunity to the operator of such other vehicle to avoid a collision.
(c) The driver of any vehicle upon a highway within a business or residence district shall yield the right of way to a pedestrian crossing such highway within any clearly marked crosswalk or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block, except at intersections where the movement of traffic is being regulated by traffic officers or traffic direction devices. Every pedestrian crossing a highway within a business or residence district at any point other than a pedestrian crossing, crosswalk or intersection shall yield the right of way to vehicles upon the highway.
Section 98. (Exceptions to the Right of Way Rule.)
(a) The driver of a vehicle entering a public highway from a private road or drive shall yield the right of way to all vehicles approaching on such public highway.
(b) The driver of a vehicle upon a highway shall yield the right of way to police and fire department vehicles and public and private ambulances, when they are operated upon official business and the drivers thereof sound audible signal by bell, siren or exhaust whistle. This provision shall not operate to relieve the driver of a police or fire department vehicle from the duty to drive with due regard for the safety of all persons using the highway nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right of way.
Section 99. (What to do on Approach of Police or Fire Department Vehicle.)
(a) Upon the approach of any police or fire department vehicle and public and private ambulances giving audible signal by bell, siren or exhaust whistle, the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right hand edge of curb of the highway, clear of any intersection of highways, and shall stop and remain in such position unless otherwise directed by a police or traffic officer until the police or fire department vehicle shall have passed.
(b) It shall be unlawful for the driver of any vehicle other than on official business to follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or to drive into or park such vehicle within five hundred feet where fire apparatus has stopped in answer to a fire alarm.
(c) It shall be unlawful for any person to drive any motor, or horse vehicle, over any line of hose, which has been laid for the purpose of extinguishing a fire.
Section 100. (Vehicle Must Stop at Certain Through Highways.)
(a) The State Highway Department with reference to State highways and local authorities with reference to highways under their jurisdiction are hereby authorized to designate main traveled or through highways by erecting at the entrances thereto from intersecting highways signs notifying drivers of vehicles to come to a full stop before entering or crossing such designated highway, and whenever any such signs have been so erected it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto. All such signs shall be illuminated at night or so placed as to be illuminated by the headlights of an approaching vehicle or by street lights.
(b) The operator of any vehicle who has come to a full stop as required above, upon entering the through street as well as operators of vehicles on such through street, shall be subject to the usual right of way prescribed by law and applicable to vehicles at intersections.
Section 101. (Passing Street Cars)
(a) The driver of a vehicle shall not overtake and pass upon the left any interurban or street car proceeding in the same direction, whether actually in motion or temporarily at rest when a travelable portion of the highway exists to the right of such street car.
(b) The driver of a vehicle overtaking any railway, interurban or street car stopped or about to stop for the purpose of receiving or discharging any passenger, shall bring such vehicle to a full stop at least ten feet in the rear of such street car and remain stationary until any such passenger has boarded such car or reached the adjacent sidewalk, except that where a safety zone has been established, a vehicle need not be brought to a full stop before passing any such railway, interurban or street car, but may proceed past such car at a speed not greater than is reasonable or proper and in no event greater than ten miles an hour and with due caution for the safety of pedestrians.
Section 102. (Driving Through Safety Zone Prohibited.)
The driver of a vehicle shall not at any time drive through or over a safety zone as defined in Article 1 of this Act.
Section 103. (Stopping on Highway.)
(a) No person shall park or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main traveled portion of any highway, outside of a business or residence district, when it is practicable to park or leave such vehicle standing off of the paved or improved or main traveled portion of such highway ; provided, in no event shall any person park or leave standing any vehicle, whether attended or unattended, upon any highway unless a clear and unobstructed width of not less than fifteen feet upon the main traveled portion of said highway opposite such standing vehicle shall be left for free passage of other vehicles thereon, nor unless a clear view of such vehicle may be obtained from a distance of 200 feet in each direction upon such highway.
(b) Whenever any peace officer shall find a vehicle standing upon a highway in violation of the provisions of this section, he is hereby authorized to move such vehicle or require the driver or person in charge of such vehicle to move such vehicle to a position permitted under this section.
(c) The provisions of this Section shall not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a highway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such vehicle in such position.
Section 104. (Parking in Front of Fire Hydrant, Fire Station or Private Driveway.)
No person shall park a vehicle or permit it to stand, whether attended or unattended, upon a highway in front of a private driveway or within fifteen feet in either direction of a fire hydrant or the entrance of a fire station nor within twenty-five feet from the intersection of curb lines or if none then within fifteen feet of the intersection of property lines at an intersection of highways.
Section 105. (Motor Vehicle Left Unattended. Brakes to be set and engine stopped.)
No person having control or charge of a motor vehicle shall allow such vehicle to stand on any highway unattended without first effectively setting the brakes thereon and stopping the motor of said vehicle and when standing upon any grade without turning the front wheels of such vehicle to the curb or side of the highway.
Section 106. (Coasting prohibited.)
The driver of a motor vehicle when traveling upon a down grade upon any highway shall not coast with the gears of such vehicle in neutral.
Section 107. (Duty to stop in event of accident.)
(a) The driver of any vehicle involved in an accident resulting in injury or death to any person shall immediately stop such vehicle at the scene of such accident and any person violating this provision shall upon conviction be punished as provided in Section 144 of this Act.
(b) The driver of any vehicle involved in an accident resulting in damage to property shall immediately stop such vehicle at the scene of such accident and any person violating this provision shall upon conviction be punished as provided in Section 144 of this Act.
(c) The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall also give his name, address and the registration number of his vehicle and exhibit his operator's or chauffeur's license to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person.
Section 108. (Duty to Report Accidents.)
The driver of any vehicle involved in an accident resulting in injuries or death to any person or property damage to an apparent extent of fifty dollars or more shall within twenty-four hours forward a report of such accident to the nearest State Highway Police Station except that when such accident occurs within the city of Wilmington such report shall be made within 24 hours to the Department of Public Safety in that city.
The State Highway Department may require drivers, involved in accidents, or police departments to file supplemental reports of accidents upon forms furnished by it whenever the original report is insufficient in the opinion of the Department. Such reports shall be without prejudice, shall be for the information of the Department and shall not be open to public inspection. The fact that such reports have been so made shall be admissible in evidence solely to prove a compliance with this Section but no such report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such accidents.
Section 109. (Accident Statistics and Reports.)
(a) The State Highway Department shall prepare and may supply to police and sheriffs' offices and other suitable agencies forms for accident reports calling for sufficiently detailed information to disclose with reference to a highway accident the cause, conditions then existing and the persons and vehicles involved.
(b) The Department shall receive accident reports required to be made by law and shall tabulate and analyze such reports and publish annually or at more frequent intervals statistical information based thereon as to the number, cause and location of highway accidents. Such reports shall be without prejudice, shall be for the information of the State Highway Department and shall not be open to public inspection. The fact that such reports have been so made shall be admissible in evidence solely to prove a compliance with this Section but no such report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such accident.
Section 110. (Garage Keeper to Report Damaged Vehicles.)
The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious accident or struck by any bullet shall report to the nearest police station or sheriff's office within twenty-four hours after such motor vehicle is received giving the engine number, registration number, and the name and address of the owner of such vehicle. Cars involved in accidents resulting in death to human beings shall not be moved from place of accident unless needed to convey injured person to hospital or doctor until arrival of police.
Section 111. (Drivers of State, County and City Vehicles Subject to Provisions of the Act.)
The provisions of this Act applicable to the drivers of vehicles upon the highways, shall apply to the drivers of all vehicles owned or operated by this State or any county, city, town, district or any other political subdivision of the State subject to such specific exceptions as are set forth in this Act. The provisions of this Act shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway at the place of actual construction or repair but shall apply to such person and vehicles when traveling to or from such work.
Section 112. (Powers of Local Authorities.)
Local authorities except as expressly authorized by Section 100 shall have no power or authority to alter any speed limitations declared in this Act or to enact or enforce any rule or regulation contrary to the provisions of this Act, except that local authorities shall have power to provide by ordinance for the regulation of traffic by means of traffic officers or semaphores or other signaling devices on any portion of the highway where traffic is heavy or continuous and may prohibit other than one-way traffic upon certain highways and may regulate the use of the highways by processions or assemblages. Local authorities may also regulate the speed of vehicles in public parks and shall erect at all entrances to such parks adequate signs giving notice of any such special speed regulations.
Section 113. (This Act Not to Interfere with Rights of Owners of Real Property with Reference Thereto.)
Nothing in this Act 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 matter of right from prohibiting such use nor from requiring other or different or additional conditions than those specified in this Act or otherwise regulating such use as may seem best to such owner.
TITLE II THE SIZE, WEIGHT, CONSTRUCTION AND EQUIPMENT OF VEHICLES
Section 114. (Scope and Effect of Regulations in This Title.)
It shall be unlawful and constitute a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in this title or the rules and regulations of the Commissioner adopted pursuant thereto and the maximum size and weight of vehicles herein specified shall be lawful throughout this State, and local authorities shall have no power or authority to alter said limitations except as express authority may be granted in this Act.
Section 115. (Size of Vehicles and Loads.)
(a) No vehicle shall exceed a total outside width, including any load thereon, of eight feet, except that the width of a farm tractor shall not exceed nine feet, and excepting further, that the limitations as to size of vehicles stated in this Section shall not apply to implements of husbandry temporarily propelled or moved upon the public highway.
(b) No vehicle unladen or with load shall exceed a height of 12 feet and 2 inches.
(c) No vehicle shall exceed a length of thirty-three feet and no combination of vehicles coupled together shall exceed a total length of 60 feet.
(d) No train of vehicles or vehicle operated alone shall carry any load extending more than three feet beyond the front thereof.
(e) No passenger vehicle shall carry any load extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fender on the right side thereof.
Section 116. (Flag or Light at End of Load.)
Whenever the load of any vehicle shall extend more than four feet beyond the rear of the bed or body thereof, there shall be displayed at the end of such load in such position as to be clearly visible at all times from the rear of such load a red flag not less than twelve inches both in length and width, except that between one-half hour after sunset and one-half hour before sunrise there shall be displayed at the end of such load a red light plainly visible under normal atmospheric conditions at least two hundred feet from the rear of such vehicle.
Section 117. (Weights of Vehicles and Loads.)
(a) No motor vehicle, equipped with solid rubber tires, shall have a gross weight, including vehicle and load, of more than twenty-two thousand (22,000) pounds, nor shall any motor vehicle equipped with pneumatic tires have a gross weight, including vehicle and load, of more than twenty-four thousand (24,000) pounds for four wheeled vehicle, or a gross weight of more than thirty-six thousand (36,000) pounds for a six wheeled vehicle.
(b) No truck or tractor with semi-trailer shall have a combined gross weight of loads and vehicles of more than thirty-eight thousand (38,000) pounds.
(c) No vehicle shall have a load in excess of seven hundred (700) pounds per inch in width of tire (measured between the flanges) for solid tires and at greatest width of casing for pneumatic tires.
(d) No vehicle shall have an axle load of more than sixteen thousand (16,000) pounds.
(e) No trailer shall have a carrying capacity of more than ten thousand (10,000) pounds.
(f) Trailers equipped with metal tires bearing a gross load in excess of six thousand (6,000) pounds shall not be allowed on State highways.
Section 118. (Peace Officer May Weigh Vehicles and Require Removal of Excess Load.)
Any uniformed police officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to weigh the same either by means of portable scales or stationary, and may require that such vehicle be driven to the nearest scales in the event such scales are within two miles. The officer may then require the driver to unload immediately such portion of the load as may be necessary to decrease the gross weight of such vehicle to the maximum therefor specified in this Act. All such material shall be unloaded and cared for by the owner or operator of the truck at the risk of such owner or operator.
Section 119. (Permits for Excessive Size and Weight.)
The State Highway Department and local authorities in their respective jurisdiction may, in their discretion, upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle of a size or weight exceeding the maximum specified in this Act, upon any highway under the jurisdiction of and for the maintenance of which the body granting the permit is responsible. Every such permit shall be issued for a single trip and may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the body granting such permit. Every such permit shall be carried in the vehicle to which it refers and shall be open to inspection by any peace officer and it shall be a misdemeanor for any person to violate any of the terms or conditions of such special permit, and shall be punished as provided in Section 142 of this Act.
Section 120. (When Local Authorities May Restrict Right to Use Highways.)
Local authorities may by ordinance or resolution prohibit the operation of vehicles upon any highway or impose restrictions as to weight of vehicles for a total period not to exceed ninety days in any one calendar year, when operated upon any highway under the jurisdiction of and for the maintenance of which such local authorities are responsible whenever any said highway by reason of deterioration, rain, snow or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. Such local authorities enacting any such ordinance or resolution shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected thereby and the ordinance or resolution shall not be effective until or unless such signs are erected and maintained. Local authorities may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or impose limitations as to the weight thereof on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways.
Section 121. (Restrictions as to Tire Equipment.)
(a) Every solid rubber tire on a vehicle moved on any highway shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.
(b) No tire on a vehicle moved on a highway shall have on its periphery any block, stude, flange, cleat or spike or any other protuberances of any material other than rubber which projects beyond the tread of the traction surface of the tire except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway and except, also, that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to slide or skid.
(c) The State Highway Department and local authorities in their respective jurisdictions may, in their discretion, issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery.
Section 122. (Trailers and Towed Vehicles.)
(a) No motor vehicle shall be driven upon any highway drawing or having attached thereto more than one other vehicle, except that a motor vehicle with semi-trailer may draw in addition thereto one other vehicle.
(b) The draw bar or other connection between any two vehicles, one of which is towing or drawing the other on a highway, shall not exceed fifteen feet in length from one vehicle to the other. Whenever such connection consists of a chain, rope or cable, there shall be displayed upon such connection a red flag or other signal or cloth not less than twelve inches both in length and width.
Section 123. (Brakes.)
(a) Every motor vehicle when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and any trailer or semi-trailer attached thereto, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels and so constructed that no part which is liable to failure shall be common to the two, except that a motorcycle need be equipped with only one brake. All such brakes shall be maintained in good working order and shall conform to regulations not inconsistent with this Section to be promulgated by the Commissioner.
(b) No trailer or semi-trailer with a gross weight of load and vehicle in excess of four thousand (4000) pounds shall be operated on the highways of this State at a speed in excess of ten (10) miles per hour unless equipped with 'suitable brakes controlled by the operator of the towing vehicle.
Section 124. (Horns and Warning Devices.)
(a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, and it shall be unlawful, except as otherwise provided in this Section, for any vehicle to be equipped with or for any person to use upon a vehicle any siren, exhaust, compression or spark plug whistle or for any person at any time to use a horn otherwise than as a reasonable warning or to make any unnecessary or unreasonable loud or harsh sound by means of a horn or other warning device.
(b) Every police and fire department and fire patrol vehicle and every ambulance used for emergency calls shall be equipped with a bell, siren or exhaust whistle of a type approved by the Commissioner.
Section 125. (Mirrors.)
All motor vehicles and motorcycles shall be equipped with a mirror so placed that the driver thereof may readily ascertain the presence of any vehicle traveling in the same direction and overtaking him.
Section 126. (Windshields Must be Unobstructed and Equipped with Wipers.)
(a) It shall be unlawful for any person to drive any vehicle upon a highway with any sign, poster or other non-transparent material upon the front windshield, side wings, side or rear windows of such motor vehicle other than a certificate or other paper required to be so displayed by law.
(b) Every windshield on a motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
Section 127. (Prevention of Noise, Etc.; Muffler Cut-Outs Regulated.)
(a) No person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.
(b) It shall be unlawful to use a "muffler cut-out" on any motor vehicle upon a highway.
(c) No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.
Section 128. (Required Lighting Equipment of Vehicles.)
(a) When Vehicles Must be Equipped.
Every vehicle upon a highway within this State during the period from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of two hundred feet ahead, shall be equipped with lighted front and rear lamps as in this Section respectively required for different classes of vehicles and subject to exemption with reference to lights on parked vehicles as declared in Section 133.
(b) Head Lamps on Motor Vehicles.
Every motor vehicle other than a motorcycle, road-roller, road machinery, or farm tractor shall be equipped with two head lamps, no more and no less, at the front and on opposite sides of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in Section 130 or Section 133 and except as to acetylene head lamps shall be of a type which has been approved by the Commissioner.
(c) Head Lamps on Motorcycles.
Every motorcycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and /imitations set forth in Section 130 or Section 133 and except as to acetylene head lamps shall be of a type which has been approved by the Commissioner.
(d) Rear Lamps.
Every motor vehicle and every trailer or semi-trailer which is being drawn at the end of a trail of vehicles shall carry at the rear a lamp of a type which has been approved by the Commissioner and which exhibits a red light plainly visible under normal atmospheric conditions from a distance of five hundred feet to the rear of such vehicle and so constructed and placed that the number plate carried on the rear of such vehicle shall under like conditions be so illuminated by a white light as to be read from a distance of fifty feet to the rear of such vehicle.
(e) Clearance Lamps.
Every motor vehicle, other than any road roller, road machinery or farm tractor having a width at any part in excess of eighty inches shall carry two clearance lamps on the left side of such vehicle, and two on the right side of such vehicle. One light on each side at front displaying a white light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and one light on each side located at the rear of the vehicle and displaying a green light visible under like conditions from a distance of 500 feet to the rear of the vehicle provided that any combination of vehicle and semi-trailer having a length of over 33 feet shall display a green light on each side of said semi-trailer at intervals of not over ten feet.
(f) Lamps on Bicycles.
Every bicycle shall be equipped with a lighted lamp on the front thereof visible under normal atmospheric conditions from a distance of at least three hundred feet in front of such bicycle and shall also be equipped with a reflex mirror or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least two hundred feet to the rear of such bicycle.
(g) Lights on Other Vehicles.
All vehicles not heretofore in this Section required to be equipped with specified lighted lamps shall carry one or mote lighted lamps or lanterns displaying a white light visible under normal atmospheric conditions from a distance of not less than 500 feet in front of such vehicle and displaying a red light visible under like conditions from a distance of not less than 500 feet in the rear of such vehicle.
Section 129. (Additional Permissible Lights on Vehicles.)
(a) Spot Lamps.
Any motor vehicle may be equipped with not to exceed two spot lamps, except that a motorcycle shall not be equipped with more than one spot lamp, and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the beam will be directed to the left of the center of the highway nor more than 100 feet ahead of the vehicle.
(b) Auxiliary Driving Lamps.
Any motor vehicle may be 'equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than 24 inches above the level surface on which the vehicle stands and every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in Section 130c.
(c) Signal Lamps.
Whenever a motor vehicle is equipped with a signal /amp to, comply with provisions of Section 128, the signal lamp shall be so constructed and located on the vehicle as to give a signal, red in color, which shall be plainly visible in normal sunlight, from a distance of 100 feet to the rear of the vehicle but shall not project a glaring or dazzling light and shall be of a type approved by the Commissioner.
(d) Restrictions on Lamps.
Any device, other than head lamps, spot lamps or auxiliary driving lamps, which projects a beam of light of an intensity greater than twenty-one candlepower, shall be so directed that no part of the beam will strike the level of the surface on which the vehicle stands at a distance of more than 50 feet from the vehicle.
Section 130. (Requirements as to Head Lamps and Auxiliary Driving Lamps.)
(a) The head lamps of motor vehicles shall be so constructed, arranged, and adjusted that, except as provided in subsection (c) of this Section, they will at all times mentioned in Section 128 and under normal atmospheric conditions and on a level road produce a driving light sufficient to render clearly discernible a person two hundred feet ahead, but shall not project a glaring or dazzling light to persons in front of such head lamp.
(b) Head lamps shall be deemed to comply with the foregoing provisions prohibiting glaring and dazzling lights if none of the main bright portion of the head lamp beams rises above a horizontal plane passing through the lamp centers parallel to the level road upon which the loaded vehicle stands and in no case higher than forty-two inches, seventy-five feet ahead of the vehicle.
(c) Whenever a motor vehicle is being operated upon a highway, or a portion thereof, which is sufficiently lighted to reveal a person on the highway at a distance of 200 feet ahead of the vehicle it shall be permissible to dim the head lamps or to tilt the beams downward or to substitute therefore the light from an auxiliary driving lamp or pair of such lamps, subject to the restrictions as to tilted beams and auxiliary driving lamps set forth in this subsection.
Whenever a motor vehicle meets another vehicle on any highway it shall be permissible to tilt the beams of the head lamps downward or to substitute therefor the light from an auxiliary driving lamp or pair of such lamps subject to the requirement that the tilted head lamps or auxiliary lamp or lamps shall give sufficient illumination under normal atmospheric conditions and on a level road to render clearly discernible a person 75 feet ahead, but shall not project a glaring or dazzling light to persons in front of the vehicle, provided that at all times required in Section 128 at least two lights shall be displayed on the front of and on opposite sides of every motor vehicle other than a motorcycle, road-roller, road machinery, or farm tractor.
Section 131. (Acetylene Lights.)
Motor vehicles may be equipped with two acetylene head lamps of approximately equal candlepower when equipped with clear plane glass front, bright six-inch spherical mirrors and standard acetylene five-eighths foot burners not more and not less and which do not project a glaring or dazzling light into the eyes of approaching drivers.
Section 132. (Test and Approval of Lamps.)
(a) It shall be unlawful for any person to sell or offer for sale, either separately or as a part of the equipment of a motor vehicle, or to use upon a highway, any electric head lamp, or any auxiliary driving lamp, rear lamp or signal lamp, unless of a type which has been submitted to the Commissioner for test and for which a certificate of approval has been obtained from the Commissioner as hereinafter provided. The Commissioner is hereby authorized and required to adopt and enforce standard specifications as to the amount, color, and direction of light to be emitted by head lamps, auxiliary driving lamps, rear lamps and signal lamps for compliance with the requirements and limitations set forth in Section 128, 129, 130; and the Commissioner is authorized and required to determine whether any head lamps, auxiliary driving lamps, signal lamps and rear lamps submitted will comply with the requirements of this Act and the specifications adopted by the Commissioner and to approve such head lamps, and to publish lists of such devices by name and type together with the permissible candlepower rating of the bulbs as he shall determine are lawful hereunder.
(b) Any person, firm or corporation desiring approval of a device shall submit to the Commissioner two sets of each type of device upon which approval is desired, together with a fee of $25.00 for each type of head lamp and auxiliary driving lamp and a fee of $10.00 for each type of rear lamp or signal lamp submitted. Within 30 days the Commissioner shall, upon notice to the applicant submit such device to the United States Bureau of Standards or to such other recognized testing laboratory as he may elect for a report as to the compliance of such type of device with the standard specifications and the provisions of this Act as to lighting performance. The Commissioner is authorized and required to accept the certificate of the United States Bureau of Standards or of some other recognized testing laboratory as to compliance with the specifications and requirements ; provided, however, that in cases of dispute as to the findings of such other laboratory appeal may be made to the United States Bureau of Standards ; and provided also that the Commissioner is authorized to refuse approval of any device, certified as complying with the specifications and requirements, which the Commissioner determines will be in actual use unsafe or impracticable or would fail to comply with the provisions of this Act.
The Commissioner shall request the testing agency to submit a report of each type of device to the Commissioner. For those which are found to comply with the specifications and requirements the report shall include any special adjustments required and the candlepower rating of the bulbs for such conformance. Reports of all tests shall be accessible to the public and a copy thereof shall be furnished by the Commissioner to the applicant for the test.
(d) The Commissioner when having reason to believe that an approved device as being sold commercially does not comply with the requirements of this Act, may after 30 days' notice to the manufacturer thereof, suspend or revoke the approval issue thereof until or unless such device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this Act. The Commissioner may at the time of the retest purchase in the open market and submit to the testing agency one or more sets of such approved devices and if such device upon such retest fails to meet the requirements of this Act, the Commissioner may refuse to renew the certificate of approval of such device.
(e) It shall be unlawful for any person to sell or to offer for sale either separately or as a part of the equipment of a motor vehicle any head lamp, auxiliary driving lamp, rear lamp or signal lamp approved by the Commissioner unless such device bears thereon the trade-mark or name under which it is approved so as to be legible when installed, and is accompanied by printed instructions as to the candlepower of bulbs to be used therewith as approved by the Commissioner and any particular methods of mounting or adjustment as to focus or aim necessary for compliance with the requirements of this Act.
Section 133. (Enforcement of Provisions.)
(a) The Commissioner is authorized to designate, furnish instructions to and to supervise official stations for adjusting head lamps and auxiliary driving lamps to conform with the provisions of Section 132 when head lamps and auxiliary driving lamps have been adjusted in conformity with the instructions issued by the Commissioner a certificate of adjustment shall be issued to the driver of a motor vehicle on forms issued in duplicate by the Commissioner and showing date of issue, registration number of the motor vehicle, owner's name, make of vehicle and official designation of the adjustment station.
(b) The driver of any motor vehicle equipped with approved head lamps, auxiliary lamps, rear lamps or signal lamps, who is arrested upon a charge that such lamps are improperly adjusted or are equipped with bulbs of a candlepower not approved for use therewith, shall be allowed 48 hours within which to bring such lamps into conformance with the requirements of this Act. It shall be a defense to any such charge that the person arrested produce in Court or submit to the prosecuting attorney a certificate from an official adjusting station showing that within 48 hours after such arrest such lamps have been made to conform with the requirements of this Act.
Section 134. (Lights on Parked Vehicles.)
Whenever a vehicle is parked or stopped upon a highway whether attended or unattended during the times mentioned in Section 128 there shall be displayed upon such vehicle one or more lamps projecting a white light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle and projecting a red light visible under like conditions from a distance of five hundred feet to the rear, except that local authorities may provide by ordinance that no lights need be displayed upon any such vehicle when parked in accordance with local ordinances upon a highway where there is sufficient light to reveal any person within a distance of two hundred feet upon such highway.
Section 135. (Red or Green Light Visible from in Front of Vehicle Prohibited.)
It shall be unlawful for any person to drive or move any vehicle upon a highway with any other than a white light thereon visible from directly in front thereof. This Section shall not apply to police or fire department or fire patrol vehicles.
TITLE III HIGHWAY TRAFFIC SIGNS
Section 136. (Uniform Marking of and Erection of Signs on Highways.)
The State Highway Department is hereby authorized to classify, designate and mark both intrastate and interstate highways lying within the boundaries of this state and to provide a uniform system of marking and signing such highways under the jurisdiction of this State and such system of marking and signing shall correlate with and so far as possible conform to the system adopted in other states.
Section 13. (Local Traffic Signs.)
Local authorities in their respective jurisdictions may cause appropriate signs to be erected and maintained, designating residence and business districts, highways and steam or interurban railway grade crossings and such other signs as may be deemed necessary to carry out the provisions of this Act, and such additional signs as may be appropriate to give notice of local parking and other special regulations. Local parking and other special regulations shall not be enforcible against an alleged violation if, at the time and place of the alleged violation, an appropriate sign giving notice thereof, is no in proper position and sufficiently legible to be seen by an ordinarily observant person.
Section 138. (Other than Official Signs Prohibited.)
No unauthorized person shall erect or maintain upon any highway any warning or direction sign, marker, signal or light in imitation of any official sign, marker, signal or light erected under the provisions of this Act, and no person shall erect or maintain upon any highway any traffic or highway sign or signal bearing thereon any commercial advertising, provided nothing in this Section shall be construed to prohibit the erection or maintenance of signs, markers, or signals bearing thereon the name of an organization authorized to erect the same by the State Highway Department or any local authority as defined in this Act.
Section 139. (Injuring Signs.)
Any person who shall deface, injure, knock down or remove any sign posted as provided in this Act shall be guilty of a misdemeanor, punishable as provided in Section 142 of this Act.
Section 140. (Power to Seize Automobiles.)
Any member of the State Highway Police or any automobile inspector shall, after the passage of this Act, be clothed with the authority and have the right and are hereby directed to summarily seize in the name of the State and take from any person having in his or her possession any motorcycle or motor vehicle from which the manufacturer's serial number or any other manufacturer's trade or distinguishing number or identification mark has been removed and effaced, changed, covered or destroyed, and such officer making said seizure shall at once deliver such motorcycle or motor vehicle to the Secretary of State, who is hereby empowered to hold said motor vehicle until he shall have determined the true owner thereof. Whereupon said Secretary of State shall apprise such true owner of the fact that he has in his possession such motorcycle or motor vehicle and said Secretary of State shall deliver the same to the rightful owner thereof. Said owner first paying to the Secretary of State the cost of such delivery.
The Secretary of State shall be required to hold in his possession any motorcycle or motor vehicle seized as aforesaid for at least ten days after such seizure, curing which time the person from whom the same was taken shall have the right to replevy the same.
Section 141. (Penalty for Misdemeanor under Sections 82,
124, 125, 126, 127, 128, 129, 130, 131, 134 and 135.)
Every person convicted of a misdemeanor for a violation of any of the provisions of Sections 82, 124, 125, 126, 127, 128, 129, 130, 131, 134 and 135, shall be punished for the first offense by a fine of not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00), or imprisonment for not less than two (2) days, nor more than ten (10) days, or both such fine and imprisonment, and for each subsequent like offense shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00), or by imprisonment for not less than two days nor more than fifteen days, or by both such fine and imprisonment.
Section 142. (Penalty for Misdemeanors under Sections 83 to 106, inclusive, and 110, 114, 115, 116, 117, 119, 120, 121, 122, 123, 132, 133, 138 and 139.)
Every person convicted of a misdemeanor for a violation of any of the provisions of Sections 83 to 106, inclusive, and 110, 114, 115, 116, 117, 119, 120, 121, 122, 123, 132, 133, 138 and 139, shall be punished for the first offense by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.), or imprisonment for not less than ten (10) days nor more than thirty (30) days, or both such fine and imprisonment, and for each subsequent like offense shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment for not less than fifteen (15) days nor more than thirty (30) days, or by both such fine and imprisonment.
Section 143. (Penalty for Driving While Under the Influence of Intoxicating Liquor or Narcotic Drugs under Section 81.)
Every person who is convicted of a violation of Section 81 of this Act relating to habitual users of narcotic drugs and driving while under the influence of intoxicating liquor and narcotic drugs, shall be punished for the first conviction by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for a term of thirty (30) days, or both such fine and imprisonment, and for each subsequent conviction shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not less than thirty (30) days nor more than one (1) year, or both such fine and imprisonment. The Commissioner shall revoke the operator's or chauffeur's license of every person so convicted.
Section 144. (Penalty for Failure to Stop in the Event of Accident Involving Injury or Death to a Person.)
Every person convicted of violating Sections 107 or 108 of this Act relative to the duty to stop in event of certain accidents, shall be punished by imprisonment for not less than thirty (30) days nor more than five (5) years, or by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. The Commissioner shall revoke the operator's or chauffeur's license of every person so convicted.
Section 145. (Power to Arrest, etc.)
The Commissioner, his deputies, motor vehicle inspectors, state highway police, state detectives, sheriffs, constables, and other police officers, now authorized by law to make arrests for violation of the motor vehicle and traffic laws of this State, are hereby empowered to arrest upon view and without warrant any person or persons violating any of the provisions of this Act.
(a) In the event of an arrest as aforesaid, the person or persons so arrested shall be taken before a Justice of the Peace in or the judge of the Municipal Court of the City of Wilmington, provided, if the arrest be for a violation outside the City of Wilmington, it shall be the right and privilege of the person so arrested to have his or her case heard and determined by a Justice of the Peace whose regular office shall be nearest to the place where such person was arrested. It shall be a sufficient defense for any person arrested as aforesaid, to show by one competent witness that there is in the State of Delaware, outside of the City of Wilmington, a Justice of the Peace whose regular office is nearer to the place where such person was arrested than the Justice before whom the case is being tried.
(b) In the event of an arrest as aforesaid, if the defendant is unable to give sufficient bail for a hearing or for his presence at Court, the magistrate before whom he is first taken may accept as a forfeit, conditioned upon the defendant's appearance as aforesaid, a sum of money equal in amount to the maximum fines which could be imposed under the provisions of this Act and the costs, or in lieu of said bail or forfeit may accept any article of sufficient value, or hold in custody a motor vehicle found in the possession of the defendant ; and such magistrate, after the trial of the defendant, if sufficient bail according to law has not been given in the meantime, shall make such order as to the disposal of such motor vehicle or other articles as to him shall seem just and proper. All fines and costs collected for the violation of any of the provisions of this Act, in the limits of any incorporated city or town in this State, shall be paid to the incorporated city or town within which such offense was committed, for the use of said city or town ; provided, however, that all the fines, penalties, and forfeitures imposed and collected in any County of this State for violation of any of the laws of this Act in relation to motor vehicles where the arrests are procured by the authorized representatives of the State Highway Department, shall inure and be paid to the State Treasurer for the use of the State Highway Department. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting same shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the State Highway Department.
Violation, refusal or neglect to comply with any of the provisions regarding the disposal of fines and forfeitures as provided above, shall constitute misconduct in office and shall be ground for removal therefrom.
Provided, however, that the provisions of the above Section shall not apply to any person who shall have violated any Traffic Regulation concerning the number of kind or range of the lights on his motor vehicle, but that the only penalty which shall be imposed upon a person having a defective head light, tail light, or side light, either as to number, kind, or range of such light or lights shall be as follows : That any officer arresting a person because of defective lights, as aforesaid, if it be the first offense of the person, shall accompany or direct such person to the nearest public garage, equipped to remedy such defective light, and shall there have such lights remedied, so as to conform to the State Motor Traffic Vehicle regulations, to the expense of the person owning or operating such motor vehicle, and provided further, that the officer making the arrest, if it be the first offense of the person, shall designate upon the operator's license and the motor registration license, if it be the owner of the car so violating, some mark or symbol whereby it shall be known that such person has violated the Motor Traffic regulations in regard to defective lights. And provided further, that for any second offense in violation of the Motor Traffic regulations in regard to lights, as aforesaid, the person so violating shall be subject upon conviction before the nearest Justice of the Peace to the point of arrest, or the Municipal Court of the City of Wilmington, to the punishment provided in Section 141 of this Act.
Section 146. (Appeals.)
Any person convicted under the provisions of this Act shall have the right of an appeal unless otherwise stated in this Act, to the Court of General Sessions of the County, upon giving bond in the sum of Five Hundred Dollars ($500.00) to the State with surety satisfactory to the Mayor, Justice of the Peace or Judge before whom such person was committed. Such appeal to be taken and bond given within five (5) days from the time of conviction.
Section 147. (Disposition of Revenue.)
All revenue derived from the registration and titling of motor vehicles and from licenses issued to chauffeurs and operators of motor vehicles and from fines, penalties and forfeitures collected for violation of any of the provisions in relation to motor vehicles and all fees charged for services rendered by the Department, if such revenue be obtained under the provisions of this Act, shall be paid to the State Treasurer for the use of the State Highway Department in accordance with the purposes set forth in Chapter 66, Volume 35, Laws of Delaware, subject, however, to the provisions of Section 145 (b) hereof.
Section 148. (Constitutionality.)
If any part or parts of this Act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Act. The legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared unconstitutional.
Section 149. (Repeal.)
All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.
(a) No offense committed and no penalties or forfeitures incurred and no prosecution commenced under any of the laws repealed by this Act and before the time when such repeal shall take effect shall be affected by this Act.
Approved April 8, 1929.