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Delaware

Most recently reviewed July, 2008.

Aggressive Driving Laws

Aggressive Driver Actions

Comments

At least three of the following: failure to obey traffic control device, passing on the right, driving outside the lanes of traffic, following too closely, failure to yield right of way, failure to signal, failure to stop or yield at signs, passing a stopped school bus, speeding.  
Sources: National Conference of State Legislatures (NCSL), National Highway Traffic Safety Administration (NHTSA) and State Highway Safety Offices.
Cell Phone Driving Laws

Crash
Data Collected

Preemption Laws

Handheld Ban

Texting Ban

All Cell Phone Ban

Enforcement

School Bus Drivers

Novice Drivers

Yes       Yes GDL Primary
Sources: American Automobile Association (AAA), Insurance Institute for Highway Safety (IIHS), National Conference of State Legislatures (NCSL), National Transportation Safety Board (NTSB) and State Highway Safety Offices.
Child Passenger Safety Laws

Child Restraint Required
unless indicated, # refers to Yrs.(Lbs.)

Adult seat belt Permissible
unless indicated, # refers to Yrs.(Lbs.)

Maximum Fine
First Offense

<7 (and <65)

8 - 15 (or >65)

$25

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.

Drug Impaired Driving Laws

Per Se Laws for Drugs
(Forbidding Prohibited Substances in
Driver's Body)

DEC/DRE Programs
(Providing Law Enforcement Training)

Yes Yes

Source: State Highway Safety Offices.

Drunk Driving Laws

Admin. License
Suspension on
First Offense

Limited Driving Privileges During Suspension

Increased Penalties for High Blood Alc. Concentration (BAC)

Open Container, Repeat Offender Laws

Vehicle and License
Plate
Sanctions

Ignition Interlocks

Alcohol Exclusion Laws Limiting Treatment Opportunity

3 months

 

.16 (.20)
(higher BAC = harsher penalty)
Repeat Offender

 

Discretionary Yes
Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), Mothers Against Drunk Driving (MADD), National Highway Traffic Safety Administration (NHTSA) and State Highway Safety Offices.
Graduated Driver Licensing (GDL) Laws

Learner Stage

Intermediate Stage

Full Privilege
Min. Age
(Yrs./Mos.)

Required
Supervised
Driving (Hrs.)
(Nighttime hours in parenthesis)

Special Cell
Phone Provisions

Min. Age
(Yrs./Mos.)

Duration
(Mos.)

Min. Age
(Yrs./Mos.)

Nighttime Driving Restriction

Passenger
Restriction*
(* family members
exempt)

16

6

16 / 6

10 p.m. - 6 a.m.

No more than 1 pass.*

17

50 (10) Persons driving with a graduated licensing permit may not use a cell phone while driving unless pulled to the side of the road.
Delaware's GDL law also includes a seat belt provision. If a teen driver with a permit or their passenger under age 18 is found not to be wearing a seat belt, the permit holder will have their license suspended for 2 months.

Sources: Insurance Institute for Highway Safety (IIHS) , American Automobile Association (AAA) and State Highway Safety Offices.

Helmet Laws

Motorcyclists

Bicyclists

All Helmet Law

Partial Law

All Helmet Law Repealed

 

<19

1978

<18

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Mature Driver Laws

General Population Length of Renewal (Yrs.)

Provisions for Mature Drivers

5

 

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Seat Belt Laws

Type of Law

Who is Covered
(Yrs.)

In What Seat

Maximum Fine
First Offense

Primary >16 All $25
Sources: Insurance Institute for Highway Safety (IIHS), National Highway Traffic Safety Administration (NHTSA) and State Highway Safety Offices.
Segway Laws

Permitted on Sidewalks/Bicycle Paths

Permitted on Roads

Helmets Required

Minimum Age

Pedestrian Laws Apply

Sidewalks and bicycle paths

Yes on highways w/ speed limits up to 30 mph

<18

 

 

Sources: Segway LLC and State Highway Safety Offices.
Sobriety Checkpoint Laws

Checkpoints Conducted?

Comments

Yes

Monthly January to June; weekly June through December

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Speed Limit Laws

Rural Interstates

Urban Interstates

Other Limited Access Roads

Cars
(mph)

Trucks
(mph)

Cars
(mph)

Trucks
(mph)

Cars
(mph)

Trucks
(mph)

55 55 55 55 65 65

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Speed and Red Light Cameras

State Law

Location

Viola-
tions

Citation Issued to Whom

Liability

Image

Tradi-
tional Enforce-
ment Penalties

Records/ Points/ Penalties

Defenses

Privacy

Per-
mitted

Statewide

Red light

Registered owner

Owner

Two or more images of vehicle

$75-$230 fine

$50 max. fine; not a record or conviction offense; not to be use by insurers

Owners of commercial vehicles must identify driver or be held responsible

Not addres-
sed

Sources: National Conference of State Legislatures (NCSL), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Work Zone Speed Limit Laws

Multiple of Original Fine

Violations Affected

Workers Must Be Present

Not less than double for a 1st offense

Various

No

Sources: National Work Zone Safety Information Clearinghouse and State Highway Safety Offices.