HOUSE OF REPRESENTATIVES

150th GENERAL ASSEMBLY

HOUSE BILL NO. 327

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO REGISTRATION OF VEHICLES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 2101, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2101. Operation of unregistered vehicle; exceptions.

(a) No person shall drive or move, nor shall any person, being the owner of a vehicle, knowingly permit to be driven or moved upon any highway any vehicle, except trackless trolley coaches, of a type required to be registered hereunder, which is not registered and for which current registration plates have not been issued as provided in this chapter or for which the appropriate fees have not been paid when and as required by this chapter, except that when application accompanied by the proper fee has been made for registration and certificate of title for a vehicle, the same may be operated temporarily pending complete registration upon displaying a duplicate application duly verified or other evidence of such application or otherwise under rules and regulations promulgated by the Department.

(b) A motor vehicle or vehicle being towed by a motor vehicle registered as a tow truck or wrecker shall not be in violation of subsection (a) of this section or § 2115 of this title if such towed vehicle has 1 end hoisted off the ground while being towed. The term tow truck or wrecker does not apply to a vehicle registered as a truck tractor.

(c) A motor vehicle or vehicle being operated on public roadways for the purpose of being transported between the Wilmington Port Authority and short-term parking areas within 1 mile of the facility’s gates need not be registered. These vehicles must have insurance that meets the minimum requirements of § 2118 of this title, before they are operated on any public roadway.

(d) Notwithstanding any law or regulation to the contrary, a motor vehicle need not be registered and shall not be in violation of § 2115 of this title, if the vehicle is being driven by a repair technician for drive cycle testing, certified under the Delaware Emission Education Program (“DEEP”) who has in that technician’s possession:

(1) A permit issued by the Department of Natural Resources permitting such operation;

(2) Testing equipment for an on board diagnostic test is installed in the vehicle; and

(3) The operator has evidence of a current and applicable garage keeper’s policy on hand, evidencing insurance coverage available for such operation.

(e) A mobile home being transported on a public roadway with a valid hauling permit.

SYNOPSIS

Transporters of mobile homes must have a hauling permit under Title 21, Chapter 45 to transport mobile homes on public roadways. This bill eliminates the need to also obtain a temporary registration to transport the mobile home.