Chapter - Delaware General Assembly

CHAPTER 10

STATE REVENUE MOTOR VEHICLES

AN ACT to Amend Chapter 10, Volume 36, Laws of Delaware, entitled "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:

Section 1. That the Act entitled "An Act Concerning Motor Vehicles and Making Uniform the Law Relating Thereto", being Chapter 10, Volume 36,'Laws of Delaware, be and the same is hereby amended as provided in the sub- sequent Sections of this Act.

Section 2. That Section I of the Act aforesaid be amended by adding to subdivision (b) thereof the following words--"except farm tractors as hereinafter defined".

Section 3. That Section 8 of the Act aforesaid be amended by striking out the words "maker" and "car" in the sixth line of subdivision (a) of said Section and by inserting in place of each of said words the word "vehicle".

Section 4. That Section 8 of the Act aforesaid be further amended by adding thereto immediately at the end of subdivision (c) a new subdivision as follows:

"(d) Where the engine of a motor vehicle which has been registered under the provisions of this Act is replaced by a new or used engine, on which the engine number has been destroyed, removed, covered, altered, or defaced, it shall be the duty of the owner of such motor vehicle to apply to the Department, on a form furnished by the Department, for a special number to be placed on said engine. The application shall be accompanied by the certificate of title issued for said motor vehicle and shall contain a description of such motor vehicle and facts pertaining thereto, as the Department may require. Said application shall be sworn to by the owner before a notary public or other officer empowered to administer oaths. Upon receipt of such an application, the Department shall issue to the owner a special number for said motor vehicle and a corrected certificate of title and, when such special number has been placed on the engine, it shall become and thereafter be the lawful engine number of said motor vehicle".

Section 5. That Section 12 of the Act aforesaid be Sec. 12 amended by striking out the words "and 'trailer" in the fourth line of subdivision (a) of said Section.

Section 6. That Section 14 of the Act aforesaid be amended by striking out the entire last sentence of sub-division (b) of said Section and by inserting in lieu thereof the following:

"An owner, who has made proper application for 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 on and after December 15 of the current year provided the number plate or plates issued for said vehicle for the ensuing year shall be properly attached thereto".

Section 7. That Section 24 of the Act aforesaid be amended by adding to subdivision (a) of said Section a new paragraph as follows: -

"For the purposes of this Section any vehicle which, on or before the thirty-first day of August of each year, has not been examined and determined safe and fit for operation by the Vehicle Commissioner's agents acting under his rules by August 31 and regulations shall be conclusively determined to be un- safe and unfit for operation and the Department shall not grant an application for the re-registration of such vehicle until it shall have been examined and determined safe and fit for operation".

Section 8. That Section 26 of the Act aforesaid be amended by striking out the word "manufacturer", the last word in the third paragraph of said Section, and by inserting in lieu thereof the word "applicant".

Section 9. That Section 28 of the Act aforesaid be amended by striking out the second figure "3" in both the fifth and thirteenth lines of said Section and by inserting in lieu thereof the figure"2".

Section 10. That Section 32 of the Act aforesaid be amended by inserting immediately after the word "Act" in the second line of subdivision (b) of said Section the words "except such person as shall have been convicted of a violation of the provisions of subdivision (b) of Section 13".

Section 11. That Section 32 of the Act aforesaid be further amended by adding thereto immediately at the end of subdivision (b) a new subdivision as follows:

"(c) Every person who shall have been convicted of a violation of the provisions of subdivision (b) of Section 13 of this Act shall be punished by a fine of not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00)".

Section 12. That Section 37 of the Act aforesaid be amended by adding to subdivision (d) of said Section a new paragraph as follows:-

"Provided, however, that it shall be unlawful for any dealer or other transferee to hold the certificate of title to a motor vehicle for resale and/or to transfer his title or interest to another person by executing an assignment and warranty of title upon the said certificate of title without first having satisfied or caused to be satisfied all liens or en- cumbrances against said motor vehicle recorded in the office of the Secretary of State.

Section 13. That Section 41 of the Act aforesaid, be amended by striking out the figure "9" in the last line of said Section and by inserting in lieu thereof the figure"8".

Section 14. That the Act aforesaid be amended by striking out all of Section 56 and by inserting in lieu thereof Alnende4 a new Section 56 as follows:

"Section 56 (a) The Department upon receiving from any person over the age of sixteen years an application for a temporary instruction permit, together with the fee required by law, 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 sixty 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.

"(b) If for any reason whatsoever the applicant fails Permit void to pass the required examination during the sixty day period granted by the permit, the said permit shall be void, and the fee paid therefor shall be forfeited".

Section 15. That Section 57 of the Act aforesaid be further amended by inserting the word "if" at the end of the third Amended line of subdivision (b) of said Section.

Section 16. That Section 57 of the Act aforesaid be further amended by adding thereto immediately at the end Amended of subdivision (b) a new subdivision as follows:-

"(c) Upon receipt of the application and a fee of One Dollar and Fifty Cents ($1.50) and after such examination as is herein provided, the Secretary of State may issue at his discretion a motor vehicle operator's license, or a chauffeur's license".

Section 18. That Section 60 of the Act aforesaid be amended by striking out the words "motor vehicle" in the first line of subdivision (a) of said Section and by inserting in lieu thereof the word "operator's".

Section 19. That Section 60 of the Act aforesaid be further amended by striking out the word "filing" in the eighth line of subdivision (b) of said Section and by inserting in lieu thereof the word "findings".

Section 20. That Section 65 of the Act aforesaid be amended by striking out "March 1" in the second line of said Section and by inserting in lieu thereof the words "on the last day of February of".

Section 21. That Section 68 of the Act aforesaid be amended by adding thereto immediately after paragraph 4 of subdivision (a) of said Section a new paragraph as follows:-

"5. That such person has violated the provisions of the 'Second' paragraph of Section 73 of this Act".

Section 22. That Section 73 of the Act aforesaid be amended by adding to the "Fifth" paragraph thereof the words –

"or in any examination for an operator's or chauffeur's license".

Section 23. That the Act aforesaid be amended by adding thereto immediately after Section 80 a new Section as follows:

"Section 80A. Whenever any check given to the Department in payment of any fee or for any other purpose shall be returned to the Department as uncollectible, the Vehicle Commissioner shall charge the person presenting check such check to him in addition to the protest fees, a reasonable fee not to exceed Five Dollars ($5.00), to cover the cost of its collection".

Section 24. That Section 83 of the Act aforesaid be amended by inserting the word "or" in the sixth line of said Section immediately in front of the word "so".

Section 25. That Section 83 of the Act aforesaid be further amended by striking out the words "thirty-five" in the second line of the second paragraph of said Section and by inserting in lieu thereof the word "Forty".

Section 26. That Section 85 of the Act aforesaid be amended by striking out the table appearing in said Section speeds and inserting in lieu thereof 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.
8,000 lbs. 8,000 lbs. 12,000 lbs. 16,000 lbs. 20,000 lbs. 22,000 lbs. 24,000 lbs.	40M 35M 35M 35M 25M 25M 25M	20M 20M 20M 20M 15M 15M 15M	20M 20M 20M 20M 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 Fifteen Thousand 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.

And provided further, that it shall be lawful to operate passenger carrying motor coaches equipped with pneumatic tires and not weighing in excess of Twenty-six Thousand pounds gross weight of vehicle and load, and equipped with four wheel power brakes, at a rate of speed not in excess of that provided in Section 83 of this Act.

Section 27. That Section 107 of the Act aforesaid be amended by adding thereto immediately at the end of sub- division (c) of said Section the words "and any person violating this provision shall upon. conviction be punished as provided in Section 144 of this Act".

Section 28. That the Act aforesaid be amended by adding thereto immediately after Section 113 five new Sections as follows:

Section 113 A. It shall be unlawful for any person or persons to stand in a roadway for the purpose of or while soliciting a ride from the operator of any private vehicle.

"Section 113 B. It shall be unlawful for any person or persons to stand in the roadway of a highway to stop, impede, hinder, or delay the progress of any vehicle for the purpose of soliciting the purchase of goods, merchandise or tickets, or for the purpose of soliciting contributions for any cause whatsoever. And the only question of law and fact in determining guilt under this Section shall be whether goods, merchandise or tickets were tendered or offered for sale, or whether a contribution was solicited.

Section 113 C. No person shall ride upon any vehicle without the consent of the driver, and when any person is riding on any vehicle with the driver's consent, no part of the person's body must protrude beyond the limits of the vehicle.

Section 113 D. It shall be unlawful for any person to throw from any vehicle while it is in motion, any goods, merchandise, or bundles of any kind whatsoever.

Section 113 E. Any driver shall, upon one blast of a police whistle given by a police officer with hand raised, bring his vehicle to a full stop, and shall not proceed again until receiving a signal so to do from such officer. Three or more blasts of the police whistle is the signal for alarm and indicates the approach of a fire engine or other danger".

Section 29. That Section 114 of the Act aforesaid be amended by inserting in the sixth line of said Section immediately after the word "thereto" the words "or of a gross weight exceeding that for which it is registered".

Section 30. That Section 117 of the Act aforesaid be amended by striking out the words and figures "Twenty- four Thousand (24,000)" in the fifth and sixth lines of sub- division (a) of said Section and by inserting in lieu thereof the words and figures "Twenty-six Thousand (26,000)". And that Section 117 of the Act aforesaid be further amended by striking out the words and figures "thirty-eight thousand (38,000)" in subdivision(b)of said Section and by inserting in lieu thereof the words and figures "forty thousand (40,000)".

Section 31. That Section 117 of the Act aforesaid be further amended by adding thereto immediately at the end of subdivision (d) of said Section the words –

"except that four (4) wheel vehicles and semi-trailers equipped with pneumatic tires may have an axle load of not more than eighteen thousand (18,000) pounds. Provided that it shall be lawful to operate a vehicle equipped with three (3) axles, having each of the rear axles equipped with two hubs, with a power brake on each rear hub, having a gross weight, including vehicle and load, of not more than thirty-eight thousand (38,000) pounds".

Section 32. That Section 118 of the Act aforesaid be amended by striking out the word "Two" in the fifth line of said section and by inserting in lieu thereof the word. "Three", and by inserting at the end of the eighth line of said Section immediately after the word "act" the words "or for which it is registered".

Section 33. That Section 128 of the Act aforesaid be amended by striking out the word "green" in the eighth line of subdivision (e) of said Section and by inserting in lieu thereof the word "red".

Section 34. That Section 141 of the Act aforesaid be amended by inserting in the second line of said Section immediately after the figure "82" the following figures and letters"113A, 113B, 113C, 113D, 113E".

Section 35. That Section 143 of the Act aforesaid be amended by striking out the word "or" in the tenth line of said Section and by inserting in lieu thereof the word "and" and by striking out the words "or both such fine and imprisonment" in the eleventh and twelfth tines of said Section.

Section 36. That the Act aforesaid be amended by adding thereto immediately after Section 147 a new Section as follows:-

"147A. Whenever the owner, or person, firm or corporation, entitled to the possession of any motor vehicle, or Sale of part thereof, in the custody of the Vehicle Commissioner owner unknown cannot be located and fails to claim said motor vehicle, or part thereof, for a period of three months after said motor vehicle, or part thereof, came into the custody of said Commissioner, the same may be disposed of by the Vehicle Commissioner, at public sale, at some place which shall be convenient and accessible to the public, at any time between the hours of 10 A. M. and 6 P. M., provided the time, place and terms of said sale, together with a full detailed description of said motor vehicle, or part thereof, shall be inserted in one or more newspapers published in the city or county where said sale is to take place, at least once each week for two 'successive weeks prior to said sale; and provided, further, that a registered notice shall be mailed at least ten days prior to said sale to the owner, lien holder, if any, shown on the records of the Vehicle Commissioner or person, firm or corporation entitled to the possession of said motor vehicle, or part thereof, if his or its address be known, or if it can be ascertained by the exercise of reasonable diligence. If said address cannot be ascertained by the exercise of reasonable diligence, then such notice shall not be required to be given. Any excess in the amount of the selling price of said motor vehicle, or part thereof, at said sale, over and special fund above the expenses thereof, and the amount of the storage and repair charges, incurred by the Vehicle Commissioner during the period in which said motor vehicle, or part thereof, was in his custody, and after the payment of all Hens to which said motor vehicle, or part thereof, may be subject, in order of their priority, shall be accounted for and remitted by said Commissioner to the State Treasurer, who shall create a special fund thereof. If the owner, or person, firm or corporation, entitled to the possession of said motor vehicle, or part thereof, shall present to the Commissioner a claim for such excess, at any time within one year from the date of the sale the Commissioner shall draw his warrant upon the State Treasurer for such excess, and such excess shall thereupon be paid over by the State Treasurer to the said owner or person, firm or corporation entitled to the possession of said motor vehicle, or part thereof. If no claim for the excess is made within one year from the date of the sale, said excess shall be transferred from the special fund to the General Treasury, to be expended and used as other fees collected by the Vehicle Commissioner."

Section 37. That the Act aforesaid be and the same is hereby further amended by adding at the end of Section 128 thereof, an additional paragraph, as follows:

"(h) No pedestrian shall walk after dark upon any highway of the State of Delaware, that is used for Motor or Vehicle Traffic, without carrying a lighted lantern, flash light, or other similar light; or have tied upon an arm, or dark other portion of the body, a white cloth, in such a manner as to make the said pedestrian visible to motorists or the driver of any vehicle.

Approved April 9, 1931.

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.

8,000 lbs.

12,000 lbs.

16,000 lbs.

20,000 lbs.

22,000 lbs.

24,000 lbs.

40M

35M

25M

20M

15M

20M

12M