Del. Code tit. 21, § 4301 Hard rubber tires.
Every solid rubber tire on a vehicle moved on any highway shall have rubber at least 1 inch thick above the edge of the flange of the entire periphery on its entire traction surface.
Equipment and Construction of Vehicles
Del. Code tit. 21, ch. 43
in effectDel. Code tit. 21, § 4302 Projections from periphery of tires; exceptions.
(a) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, 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 as otherwise provided in this section. Farm machinery with tires having protuberances which will not injure the highway may be used, and tire chains of reasonable proportions may be used upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to slide or skid.
(b) The use of studded tires on all motor vehicles using the highways of this State is permitted from October 15 to April 15.
Del. Code tit. 21, § 4303 Brakes — General requirements.
(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 semitrailer attached thereto including 2 separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least 2 wheels and shall be so constructed that no part which is liable to failure shall be common to the 2. A motorcycle need be equipped with only 1 brake. All brakes shall be maintained in good working order and shall conform to regulations, not inconsistent with this subchapter, to be promulgated by the Secretary. All brakes shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
(b) All braking distances specified in this subchapter shall apply to all vehicles mentioned herein, whether such vehicles are loaded or are not loaded to the maximum capacity permitted under Chapter 45 of this title.
(c) Except as provided in this subsection, no motor vehicle, when operated upon a highway in this State, shall utilize or employ any brake or braking system that is attached to, or an integral part of, the vehicle’s internal combustion engine or exhaust systems. Nothing in this section shall be interpreted as prohibiting the equipping of any motor vehicle with a braking system that is attached to, or an integral part of, the vehicle’s engine or exhaust systems. Nothing in this section shall be interpreted as prohibiting the use of a braking system that is attached to, or an integral part of, the vehicle’s engine or exhaust system in an emergency situation or an emergency vehicle including police, fire, ambulance, emergency medical service vehicles or other emergency vehicles.
Del. Code tit. 21, § 4304 Brakes — Performance requirements.
(a) The service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop such vehicle when traveling 20 miles per hour within a distance of 30 feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed 1 percent.
(b) Under the road conditions mentioned in subsection (a) of this section, the hand brake shall be adequate to stop the vehicle within a distance of 55 feet and the hand brake shall be adequate to hold such vehicle stationary on any grade upon which operated.
(c) Under the road conditions mentioned in subsection (a) of this section, the service brakes upon a motor vehicle equipped with 2-wheel brakes only shall be adequate to stop the vehicle within a distance of 40 feet and the hand brake adequate to stop the vehicle within a distance of 55 feet.
Del. Code tit. 21, § 4305 Brakes — Trailers and semitrailers.
No trailer or semitrailer with a gross weight of load and vehicle in excess of 4,000 pounds shall be operated on the highways of this State at a speed in excess of 10 miles per hour unless equipped with suitable brakes controlled by the operator of the towing vehicle.
Del. Code tit. 21, § 4306 Horns and other sound devices; unlawful use.
(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 200 feet.
(b) Except as otherwise provided, no vehicle shall be equipped with and no person shall use upon a vehicle any siren, exhaust, compression or spark plug whistle. The driver of a vehicle shall, when reasonably necessary to insure safe operation, give audible warning with the horn but shall not otherwise use the horn for any other purpose. No driver of any vehicle shall use a horn:
(1) To make unreasonably loud or harsh sound;
(2) When stationary; or
(3) When passing an animal-drawn vehicle or bicycle under normal conditions where no imminent danger of a collision exists.
(c) No person operating or occupying a motor vehicle on any street, highway, alley, or parking lot shall operate or permit the operation of any music amplification system, including, but not limited to, any radio, tape player, compact disc player, or any other electrical device used for the amplification of music in or on the motor vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle. For the purpose of this subsection, “plainly audible” means any sound which clearly can be heard by unaided hearing faculties, however, words or phrases need not be discernible and bass reverberation alone shall be sufficient to so constitute.
(d) Subsection (c) of this section shall not apply to those in a parade which has been issued a permit nor to commercially licensed vendors in the legitimate operation of their businesses.
(e) Subsection (c) of this section shall not apply to any municipality of this State with a population in excess of 50,000 which has an ordinance addressing noise violations of that type. In the event that any such municipality repeals its ordinance without substituting requirements at least as restrictive as those found in subsection (c) of this section, then the provisions of subsection (c) of this section shall take effect within that municipality.
Del. Code tit. 21, § 4307 Warning devices for emergency vehicles.
(a) Every police, fire department and fire patrol vehicle and every ambulance used for emergency calls, except as provided in subsection (b) of this section, shall be equipped with a bell, siren or exhaust whistle.
(b) A vehicle used by a fire chief, deputy fire chief, assistant fire chief, or fire police officer of a duly organized fire department, which is not owned by or the property of the fire department, shall not be equipped with such warning devices.
Del. Code tit. 21, § 4308 Rearview mirror.
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 the driver’s vehicle.
Del. Code tit. 21, § 4309 Obstructions to view on windshield or windows.
(a) No person shall drive any vehicle upon a highway with any sign, poster or other nontransparent material upon the front windshield, side wings or side or rear window of such motor vehicle, other than a certificate or other paper required to be so displayed by law.
(b) No person shall drive upon a highway a vehicle with a removable windshield placard issued pursuant to § 2135 of this title or pursuant to a similar statute of any other state or country hanging from or attached to the vehicle’s front windshield rearview mirror. A person may be found guilty of violating this subsection whether or not the placard is valid.
Del. Code tit. 21, § 4310 Windshield wiper.
Every windshield on a motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield. The device shall be so constructed as to be controlled or operated by the driver of the vehicle.
Del. Code tit. 21, § 4311 Mufflers; cutout prohibited.
(a) No person shall drive a motor vehicle, including a motorcycle, on a highway, including residential streets, unless such motor vehicle or motorcycle is equipped with a muffler in good working order and in accordance with manufacturer’s specifications and in constant operation to prevent excessive or unusual noise.
(b) No person shall use a “muffler cutout” on any motor vehicle upon a highway.
(c) It shall be unlawful to sell or offer for sale any muffler without interior baffle plates or other effective muffling devices or to sell or offer for sale any “gutted muffler,” “muffler cutout” or “straight exhaust.”
(d) The provisions of this section shall only apply if there is not a violation of § 4311A of this title.
Del. Code tit. 21, § 4311A Muffler requirements for commercial vehicles equipped with engine compression brake devices.
(a) No person shall drive a commercial vehicle equipped with an engine compression brake device on a highway, including residential streets, unless such commercial vehicle is also equipped with a muffler in good working order and in accordance with manufacturer’s specifications and in constant operation to prevent excessive noise.
(b) For the purposes of this section, “engine compression brake device” shall mean any device that uses the engine and transmission to impede the forward motion of the motor vehicle by compression of the engine.
Del. Code tit. 21, § 4312 Safety glass — Equipment; definition.
(a) No person shall operate, on any public highway or street in this State, any motor vehicle which is registered in the State and which has been manufactured or assembled on or after July 1, 1937, unless such motor vehicle and/or any trailer drawn thereby is equipped with safety glass, wherever glass is used in partitions, doors, windows or windshields.
(b) The term “safety glass” as used in this subchapter means glass so treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from external sources or by glass when the glass is cracked or broken.
Del. Code tit. 21, § 4313 Safety glass — Federal safety standards applicable to windshield, front side window, and side wings; window tinting.
(a) Subject to subsections (b) through (f) of this section, it is unlawful to operate a motor vehicle on a public highway, road, or street if the windshield, side windows to the immediate right and left of the driver, side wings forward of and to the left and right of the driver, side windows behind the driver, or the rear window do not meet the requirements of Federal Motor Vehicle Safety Standard 205, 49 C.F.R. § 571.205, which is in effect at the time of the motor vehicle’s manufacture.
(b) Window tint or other material may be applied along the top edge of a motor vehicle’s windshield if the window tint or other material is transparent and does not encroach on the AS-1 portion of the windshield as provided under Federal Motor Vehicle Safety Standard 205, 49 C.F.R. § 571.205.
(c) (1) Window tint or other material may be applied to the side windows to the immediate right and left of the driver and side wings forward of and to the left and right of the driver, if the window tint or other material has a visible light transmission of 50% or greater.
(2) Window tint or other material having a visible light transmission of 0% or greater may be applied to the side windows behind the driver or the rear window.
(d) A person is not in violation of this section if the person possesses a statement signed by a licensed practitioner of medicine and surgery, osteopathic medicine, or optometry verifying that tinted windows are medically necessary for the owner or usual operator of the motor vehicle.
(e) This section does not apply to anodized glass which is correctly installed in the windshield and windows of an antique motor vehicle or street rod, as defined under § § 2196 and 2197 of this title, or of a motor vehicle validly insured under an antique, classic, or street rod designated motor vehicle insurance policy that covers the motor vehicle, under § 2118 of this title.
(f) This section does not apply to a vehicle operated by a law-enforcement officer, as “law-enforcement officer” is defined under § 222 of Title 11
Del. Code tit. 21, § 4313A Commercial window tinting.
(a) No person who installs window tinting material in motor vehicles as part of a commercial activity shall do so in violation of the requirements of § 4313 of this title.
(b) Whoever violates subsection (a) of this section shall be fined not less than $100 nor more than $500. If any fee was charged for such installation, the violator shall pay restitution to the owner of the vehicle in the amount of the fee charged for installing the illegal window tinting.
Del. Code tit. 21, § 4314 Lights and reflectors; change of original design or performance of vehicle.
A person may not use on any motor vehicle or trailer any light, lamp or reflector that tends to change the original design or performance of the motor vehicle or trailer, unless the light, lamp or reflector is of a type that has been approved by the Department and is mounted, adjusted and aimed in accordance with regulations adopted by the Secretary. Such regulations shall not violate the Federal Motor Vehicle Safety Standards.
Del. Code tit. 21, § 4315 Penalties for §§ 4301-4316.
(a) Whoever violates §§ 4301-4305 of this title shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense, the person shall be fined not less than $57.50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, or both.
(b) Whoever violates §§ 4306-4311 of this title, except for § 4306(c) of this title, shall for the first offense be fined not less than $10 nor more than $28.75. For each subsequent like offense, the person shall be fined not less than $28.75 nor more than $100. Whoever violates § 4306(c) of this title shall be subject to a fine of at least $50 and not to exceed $250. For each subsequent offense such person shall be subject to a fine of at least $125 and not to exceed $500.
(c) Whoever violates § 4311A of this title shall be fined $500.
(d) Whoever being the operator, owner or custodian of any motor vehicle which is operated in violation of §§ 4312-4316 of this title shall be fined not less than $28.75 nor more than $100.
(e) In case of any violation of §§ 4301-4316 of this title by any common carrier or person operating under a permit or certificate issued by any public authority, in addition to the penalties prescribed in this section, such permit or certificate shall be revoked or, in the discretion of the issuing authority suspended until such sections are satisfactorily complied with.
(f) A violation of § 4303(c) of this title shall also constitute a moving violation which shall be part of the person’s driving record.
(g) In cases where no collision has occurred, violation of § 4306, § 4308, or § 4313 of this title may be dismissed before trial if the defendant establishes that repairs have been made so that the vehicle is in compliance.
Del. Code tit. 21, § 4316 Directional signal lights.
All new vehicles licensed in this State must be equipped with directional signal lights.
Del. Code tit. 21, § 4317 Protectors or flaps behind rear wheels of vehicles.
(a) No person shall operate, cause or permit to be operated any bus or commercial motor vehicle having a gross weight of 8,000 pounds or more, including semitrailers and trailers, upon the highways of this State unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels of the vehicle or combination to prevent the projection of rocks, dirt, water or other substances to the rear and to minimize side spray.
(b) The flap, shield or other device shall extend down from the vehicle’s body to not more than 8 inches above the road surface, but not more than 15 inches when the vehicle is in an unloaded condition. The protector or flap shall extend laterally at least the width of the tire being protected.
(c) If any bus or commercial motor vehicle, including semitrailers and trailers, is so designed or constructed that the objectives in subsection (a) of this section are accomplished by reason of fender or body construction or other means of enclosure, either permanent or temporary, then the requirements of this section have been satisfied.
(d) This section shall not apply to any farm tractor or to uncoupled truck tractors or other vehicles where the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.
(e) The Director of the Division of Motor Vehicles shall set and adopt such regulations as are necessary to implement this section.
(f) Whoever violates this section shall for the first offense be fined not less than $10 nor more than $28.75. For each subsequent like offense, the person shall be fined not less than $28.75 nor more than $100.
Del. Code tit. 21, § 4318 Bumper, frame rail, and body heights.
(a) No passenger vehicle or station wagon that is required to be registered under Chapter 21 of this title shall be registered or operated upon any highway of the State if the bumper height of such vehicle exceeds 22 inches from the ground to the bottom of the bumper, or if the vehicle frame rail is higher than the attached bumper, or if the maximum distance between the vehicle body and vehicle frame rail exceeds 3 inches.
(b) Vehicles not included in subsection (a) of this section that are required to be registered under Chapter 21 of this title shall not be registered or operated upon any highway of the State if the bumper height of such vehicle exceeds 30 inches from the ground to the bottom of the bumper, or if the vehicle frame rail is higher than the attached bumper, or if the maximum distance between the vehicle body and vehicle frame rail exceeds 3 inches.
(c) The following vehicles are exempt from this section: antique motor vehicles registered under § 2196 of this title; authorized emergency vehicles; motor vehicles with a gross vehicle weight rating of 10,000 pounds or greater; and vehicles registered with farm truck plates (FT tags), as defined in § 2113(1) of this title.
(d) Any person found guilty of operating a motor vehicle in violation of this section shall, for the first offense, be fined not less than $50 nor more than $115 For each subsequent like offense within one year, such person shall be fined not less than $100 nor more than $230. Measurements made with an over-the-counter measuring device shall be prima facie evidence of a violation.
Del. Code tit. 21, § 4319 Mandatory reverse warning — Commercial vehicle.
(a) Except as to farm vehicles, all commercial vehicles registered in the State with a gross weight rating of 26,001 pounds or more shall be equipped with:
(1) An audible reverse warning signal, so as to adequately place an individual within 50 feet of such vehicle on notice that such commercial vehicle intends to and/or is in the process of moving backwards in a reverse gear;
(2) A backup camera visible in the cab of the vehicle; or
(3) An audible warning device that will alert the driver when the vehicle is approaching an object.
(b) This section shall only apply to commercial vehicles that are titled on or after January 1, 2014.
(c) Whomever violates this section shall be subject to a civil penalty of $75. For each subsequent offense within 2 years of a prior offense, the person shall be subject to a civil penalty of $175.
Del. Code tit. 21, § 4331 When lighted lamps are required.
(a) Every vehicle upon a highway within this State at any time from sunset to sunrise, or during fog, smoke, rain or when windshield wipers are in use because of weather conditions or at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead shall display lighted lamps and illuminating devices, exclusive of parking lamps, as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles.
(b) The portion of subsection (a) of this section criminalizing the failure to display lighted lamps and illuminating devices when windshield wipers are in use because of weather conditions shall constitute a secondary offense in that no person shall be stopped by a police officer for that failure alone.
Del. Code tit. 21, § 4332 Visibility distance and mounted height of lamps.
(a) Whenever requirement is hereinafter declared as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in § 4331 of this title in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
(b) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load.
Del. Code tit. 21, § 4333 Head lamps on motor vehicles.
(a) Every motor vehicle, trailer, semitrailer and pole motor-driven cycle shall be equipped with at least 2 head lamps with at least 1 on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this chapter.
(b) Every motorcycle and every motor-driven cycle shall be equipped with at least 1 and not more than 2 head lamps which shall comply with the requirements and limitations of this chapter.
(c) Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the head lamp of not more than 54 inches nor less than 24 inches, to be measured as set forth in § 4332(b) of this title.
Del. Code tit. 21, § 4334 Tail lamps.
(a) Every motor vehicle, trailer, semitrailer and pole trailer and any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least 1 tail lamp, mounted on the rear, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of 500 feet to the rear, provided, that, in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. Provided, however, that every such above mentioned vehicle, other than a truck tractor, registered in this State and manufactured or assembled after July 1, 1956, shall be equipped with at least 2 tail lamps mounted on the rear, which, when lighted as herein required, shall comply with this section.
(b) Every tail lamp upon every vehicle shall be located at a height of not more than 72 inches nor less than 20 inches.
(c) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
Del. Code tit. 21, § 4335 New vehicles to be equipped with reflectors.
(a) Every new motor vehicle hereafter sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, 2 red reflectors, except that every motorcycle and every motor-driven cycle shall carry at least 1 reflector meeting the requirements of this section, and except that vehicles of the type mentioned in § 4338 of this title shall be equipped with reflectors as required in those sections applicable thereto.
(b) Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in § 4332(b) of this title, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 350 feet to 100 feet from such vehicle when directly in front of lawful upper beams of head lamps, except that visibility from a greater distance is hereinafter required of reflectors on certain types of vehicles.
Del. Code tit. 21, § 4336 Stop lamps and turn signals required on new motor vehicles.
It shall be unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this State, or for any person to drive such vehicle on the highways, unless equipped with at least 1 stop lamp meeting the requirements of § 4347 of this title.
Del. Code tit. 21, § 4337 Application of succeeding sections.
Those sections of this chapter which follow immediately, including §§ 4338-4342 of this title, relating to clearance and marker lamps, reflectors and stoplights, shall apply as stated in said sections to vehicles of the type therein enumerated, namely passenger buses, trucks, truck tractors and certain trailers, semitrailers and pole trailers, respectively, when operated upon any highway, and such vehicles shall be equipped as required and all lamp equipment required shall be lighted at times mentioned in § 4331 of this title, except that clearance and side marker lamps need not be lighted on any said vehicle when operated within any municipality where there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet.
Del. Code tit. 21, § 4338 Additional equipment required on certain vehicles.
In addition to other equipment required in this chapter, the following vehicles shall be equipped as herein stated under the conditions stated in § 4337 of this title:
(1) On every bus or truck, whatever its size, there shall be the following:
On the rear, 2 reflectors, 1 at each side, and 1 stoplight;
(2) On every bus or truck 80 inches or more in overall width, in addition to the requirements in paragraph (1) of this section:
On the front, 2 clearance lamps, 1 at each side; on the rear, 2 clearance lamps, 1 at each side; on the side, 2 side marker lamps, 1 at or near the front and 1 at or near the rear; on each side, 2 reflectors, 1 at or near the front and 1 at or near the rear;
(3) On every truck tractor:
On the front, 2 clearance lamps, 1 at each side; on the rear, 1 stoplight;
(4) On every trailer or semitrailer having a gross weight in excess of 3,000 pounds:
On the front, 2 clearance lamps, 1 at each side; on each side, 2 side marker lamps, 1 at or near the front and 1 at or near the rear; on each side, 2 reflectors, 1 at or near the front and 1 at or near the rear; on the rear, 2 clearance lamps, 1 at each side; also 2 reflectors, 1 at each side and 1 stoplight;
(5) On every pole trailer in excess of 3,000 pounds gross weight:
On each side, 1 side marker lamp and 1 clearance lamp which may be in combination to show to the front, side and rear; on the rear of the pole trailer or load, 2 reflectors, 1 at each side;
(6) On every trailer, semitrailer or pole trailer weighing 3,000 pounds gross or less:
On the rear, 2 reflectors, 1 on each side. If any trailer or semitrailer is so loaded or is of such dimensions as to obscure the stoplight on the towing vehicle, then such vehicle shall also be equipped with 1 stoplight.
Del. Code tit. 21, § 4339 Color of clearance lamps, side marker lamps, backup lamps and reflectors.
(a) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display and reflect an amber color.
(b) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display and reflect a red color.
(c) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stoplight or other signal device, which may be red, amber or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a backup lamp shall be white or amber.
Del. Code tit. 21, § 4340 Mounting of reflectors, clearance lamps and side marker lamps.
(a) Reflectors, when required by § 4338 of this title, shall be mounted at a height not less than 24 inches and not higher than 60 inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than 24 inches, the reflector at such point shall be mounted as high as that part of the permanent structure will permit.
The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.
Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this chapter.
(b) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both.
Del. Code tit. 21, § 4341 Visibility of reflectors, clearance lamps and marker lamps.
(a) Every reflector upon any vehicle referred to in § 4338 of this title shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.
(b) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of 500 feet from the front and rear, respectively, of the vehicle.
(c) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the time lights are required at a distance of 500 feet from the side of the vehicle on which mounted.
Del. Code tit. 21, § 4342 Obstructed lights not required.
Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
Del. Code tit. 21, § 4343 Lamp or flag on projecting load.
(a) Whenever the load upon any vehicle extends to the rear 4 feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the time specified in § 4331 of this title, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be, in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.
(b) This section does not apply to:
(1) Any vehicle carrying wooden prefabricated roof trusses in an inverted position, if the trusses do not extend more than 10 feet beyond the rear of the bed or body of the vehicle;
(2) A combination of vehicles carrying an indivisible load if the load is not over 70 feet long, and the load is being transported during daylight hours; or
(3) Any vehicle or combination of vehicles carrying:
a. Piling, poles or mill logs;
b. Nursery stock; or
c. Crew or racing shells.
(c) Subject to the maximum length limits of this section, the load on any vehicle operated alone or the load on the front vehicle of a combination of vehicles:
(1) Except as provided in paragraph (c)(2) of this section, may not extend more than 3 feet beyond the foremost part of the vehicle; and
(2) May extend more than 3 feet beyond the foremost part of a vehicle equipped with front-end loading attachments and containers used in collecting garbage, rubbish, refuse or recyclable materials when the vehicle is actively engaged in collecting garbage, rubbish, refuse or recyclable materials.
Del. Code tit. 21, § 4344 Lamps on parked vehicles.
(a) Every vehicle, except motorcycles, shall be equipped with at least 1 lamp which, when lighted, shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and a red light visible from a distance of 500 feet to the rear of the vehicle. The lamp shall be situated so that 1 such lamp, or combination of lamps meeting the requirements of this section, is installed as near as practicable to the side of the vehicle which is closest to passing traffic.
(b) Whenever a vehicle (whether attended or unattended) is parked or stopped upon a street or highway, at a time when there is insufficient light to reveal any person or object within a distance of 500 feet upon the highway, such vehicle shall be equipped with and shall display lamps meeting the requirements of subsection (a) of this section, but it shall not be necessary to display the lamps upon a vehicle which is lawfully parked upon a portion of a roadway which is ordinarily or customarily used for parking vehicles.
(c) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
Del. Code tit. 21, § 4345 Lamps on other vehicles and equipment.
Every vehicle, including animal-drawn vehicles and vehicles referred to in § 4355(c) of this title, not specifically required by this subchapter to be equipped with lamps or other lighting devices, shall at all times specified in § 4331 of this title be equipped with at least 1 lamp displaying a white light visible from a distance of not less than 500 feet to the front of said vehicle and shall also be equipped with 2 lamps displaying red light visible from a distance of not less than 500 feet to the rear of said vehicle, or as an alternative, 1 lamp displaying a red light visible from a distance of not less than 500 feet to the rear and 2 red reflectors visible for distances of 100 to 600 feet to the rear when illuminated by the upper beams of head lamps.
Del. Code tit. 21, § 4346 Spot lamps and auxiliary lamps.
(a) Spot lamps. — Any motor vehicle may be equipped with not to exceed 2 spot lamps, and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than 100 feet ahead of the vehicle.
(b) Fog lamps. — Any motor vehicle may be equipped with not to exceed 2 fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower head lamp beams as specified in § 4349 of this title.
(c) Auxiliary passing lamp. — Any motor vehicle may be equipped with not to exceed 1 auxiliary passing lamp mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. Section 4349 of this title shall apply to any combination of head lamps and auxiliary passing lamps.
(d) Auxiliary driving lamp. — Any motor vehicle may be equipped with not to exceed 1 auxiliary driving lamp mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. Section 4349 of this title shall apply to any combination of head lamps and auxiliary driving lamps.
Del. Code tit. 21, § 4346A LED ground effect lighting equipment on motorcycles.
(a) For the purposes of this section, “LED ground effect lighting equipment” means light emitting diode (LED) technology that is attached to the underbody of a motorcycle for the purpose of illuminating:
(1) The body of the motorcycle; or
(2) The ground below the motorcycle.
(b) A person may operate a motorcycle equipped with LED ground effect lighting that emits a nonflashing amber or white light.
Del. Code tit. 21, § 4347 Signal lamps and signal devices.
(a) Any motor vehicle may be equipped and when required under this chapter shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than 100 feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake and be incorporated with 1 or more other rear lamps.
(b) Any motor vehicle may be equipped and when required under this chapter shall be equipped with lamps or mechanical signal devices showing to the front and rear for the purpose of indicating an intention to turn either to the right or left. When lamps are used for such purpose, the lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable and when in use shall display a white or amber light, or any shade of color between white and amber, visible from a distance of not less than 100 feet to the front in normal sunlight, and the lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable and when in use shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than 100 feet to the rear in normal sunlight. When actuated such lamps shall indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made. Where mechanical signal devices are used for such purpose, said devices shall be self-illuminated when in use at the times mentioned in § 4331 of this title.
(c) No stop lamp or signal lamp or device shall project a glaring light.
Del. Code tit. 21, § 4348 Additional lighting equipment [Effective until June 30, 2030].
(a) Any motor vehicle may be equipped with not more than 2 side cowl or fender lamps which shall emit an amber or white light without glare.
(b) Any motor vehicle may be equipped with not more than 1 running board courtesy lamp on each side thereof which shall emit a white or amber light without glare.
(c) Any motor vehicle may be equipped with not more than 2 backup lamps either separately or in combination with other lamps, but any such backup lamp shall not be lighted when the motor vehicle is in forward motion.
(d) (1) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing and when so equipped may display such warning in addition to any other warning signals required by this subchapter.
(2) a. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber.
b. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red.
c. These warning lights shall be visible from a distance of not less than 500 feet under normal atmospheric conditions at night.
(3) a. Flashing headlights may be installed upon any motor vehicle being used by a fire chief, assistant fire chief, fire engineer, fire police officer, police officer, a firefighter who is a member of any regularly established fire company or by an ambulance attendant who is a member of any regularly established ambulance service. Flashing lights shall only be installed if duly authorized by the fire chief or ambulance captain of the respective fire or ambulance company. The lights shall be used only in response to duty as a first responder. Only those firefighters or ambulance attendants of regularly established fire companies duly designated as first responders by their respective fire chief, or those ambulance attendants of other regularly established ambulance services duly designated as first responders by their respective ambulance captain, shall be authorized to use such flashing lights, notwithstanding § 4353(c) of this title. Nothing in this section shall be interpreted to grant emergency vehicle status to firefighters or ambulance attendants making use of such signals in their personal vehicles pursuant to § 4106 of this title. Flashing lights as used in this subsection shall mean a sudden and transient outburst of bright light either operated or activated by 4-way flashers and/or by a high and low beam headlight switch on the vehicle.
b. Modulating headlights may be installed on motorcycles for the purpose of warning other vehicles of their presence requiring the exercise of unusual care in approaching, overtaking, or passing, notwithstanding § 4353(c) of this title. Such modulating headlights must conform to the motorcycle headlamp modulation system requirements of 49 C.F.R. § 571.108 S10.17.5. Nothing in this section shall be interpreted to grant emergency status to motorcycle operators making use of such modulating headlights.
Del. Code tit. 21, § 4349 Multiple beam road lighting equipment.
Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
(1) There shall be an uppermost distribution of light or composite beam so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading;
(2) There shall be a lowermost distribution of light or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver;
(3) Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this State after January 1, 1956, which has multiple beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
Del. Code tit. 21, § 4350 Use of multiple beam road lighting equipment.
Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in § 4331 of this title, the driver shall use a distribution of light or composite beam directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
(1) Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light or composite beam specified in § 4349(2) of this title shall be deemed to avoid glare at all times, regardless of road contour and loading;
(2) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in § 4349(1) of this title.
Del. Code tit. 21, § 4351 Lighting equipment on motor-driven cycles.
The head lamp or head lamps upon every motor-driven cycle may be of the single beam type but in either event shall comply with the requirements and limitations as follows:
(1) Every such head lamp or head lamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than 100 feet when the motor-driven cycle is operated at any speed less than 25 miles per hour, and at a distance of not less than 200 feet when the motor-driven cycle is operated at a speed of 25 or more miles per hour, and at a distance of not less than 300 feet when the motor-driven cycle is operated at a speed of 35 or more miles per hour;
(2) In the event the motor-driven cycle is equipped with a multiple beam head lamp or head lamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in § 4349(1) of this title, and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in § 4349 of this title;
(3) In the event the motor-driven cycle is equipped with a single beam lamp or lamps, such lamps shall be so aimed that when the vehicle is loaded none of the high intensity portion of light, at a distance of 25 feet ahead, shall project higher than the level of the center of the lamp from which it comes.
Del. Code tit. 21, § 4352 Number of driving lamps required or permitted.
(a) At all times specified in § 4331 of this title, at least 2 lighted lamps shall be displayed, 1 on each side at the front of every motor vehicle other than a motorcycle or motor-driven cycle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.
(b) Whenever a motor vehicle equipped with head lamps as required in this subchapter is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than 300 candlepower, not more than a total of 4 of any such lamps on the front of a vehicle shall be lighted at any 1 time when upon a highway.
Del. Code tit. 21, § 4353 Special restrictions on lamps.
(a) Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps and school bus warning lamps, which projects a beam of light of an intensity greater than 300 candlepower, shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle.
(b) No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof. This section shall not apply to any vehicle upon which a red light visible from the front is expressly authorized or required by this subchapter.
(c) Flashing lights are prohibited except on an authorized emergency vehicle, school bus, snow removal equipment, vehicles authorized by the Secretary of Safety and Homeland Security if determined to be in the interest of public safety, or on any vehicle as a means of indicating a right or left turn or the presence of a vehicular hazard requiring unusual care in approaching, overtaking or passing, or when included in a motorcycle, moped, or motorized scooter brake light system in which the brake lamp pulses rapidly for no more than 5 seconds when the brake is applied, and then converts to a continuous light as a normal brake lamp until the time that the brake is released.
Del. Code tit. 21, § 4354 Standards for lights on snow removal equipment.
(a) The Department of Safety and Homeland Security shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other lamps on snow removal equipment when operated on the highways of this State in lieu of the lamps otherwise required on motor vehicles by this subchapter. Such standards and specifications may permit the use of flashing lights for purposes of identification on snow removal equipment when in service upon the highways. The standards and specifications for lamps referred to in this section shall correlate with and, so far as possible, conform with those approved by the American Association of State Highway Officials.
(b) It shall be unlawful to operate any snow removal equipment on any highway unless the lamps thereon comply with and are lighted when and as required by the standards and specifications adopted as provided in this section.
Del. Code tit. 21, § 4355 Scope and effect of regulations.
(a) It is 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 combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this subchapter, or which is equipped in any manner in violation of this subchapter or for any person to do any act forbidden or fail to perform any act required under this subchapter.
(b) Nothing contained in this subchapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with this subchapter.
(c) This subchapter, with respect to equipment on vehicles, shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.
Del. Code tit. 21, § 4356 Use of flashing lights.
(a) Any motor vehicle used by a fire chief, deputy fire chief, assistant fire chief, chief engineer, fire police officer and Chief EMS officer may have placed upon such motor vehicle flashing blue and white lights. Such flashing blue and white lights shall be used by the fire chief, deputy fire chief, assistant fire chief, chief engineer, fire police officer and Chief EMS officer of any regularly established fire company or ambulance company only in the performance of their duties. The white lights permitted under this subsection shall be embedded in, or otherwise associated with the activation or operation of, the headlamps and/or the flashing turn signal lights of the vehicle.
(b) A police vehicle, a volunteer fire company-owned vehicle or a City of Wilmington bureau of fire-owned vehicle may have placed upon such vehicle flashing blue and red lights or flashing blue, red and/or white lights.
Del. Code tit. 21, § 4356A Use of revolving or flashing green light.
(a) A motor vehicle, truck tractor, OHV, farm tractor, or specialized construction equipment may be equipped with a green revolving or flashing light if the motor vehicle, truck tractor, OHV, farm tractor, or specialized construction equipment meets any of the following requirements:
(1) Is used by a fire department or police department.
(2) Is designated or authorized as an emergency vehicle by the Secretary of the Department of Safety and Homeland Security and used by a federal, state, county, or municipal agency or public service corporation.
(3) Is used for road or bridge construction, maintenance or repairs, as well as traffic control, emergency operations, or inclement weather operations.
(b) A motor vehicle, truck tractor, OHV, farm tractor, or specialized construction equipment authorized under subsection (a) of this section to be equipped with a green revolving or flashing light may only use the light as follows:
(1) When the motor vehicle is in service at an accident, fire, or disaster scene to signify a command post to which fire or police officials may report for instructions or orders.
(2) If the motor vehicle is a hazardous material response vehicle traveling to an accident, fire, or disaster scene at the request of a fire department or police department.
(3) When the motor vehicle, truck tractor, OHV, farm tractor or specialized construction equipment is actively being used for road or bridge construction, maintenance or repairs, as well as traffic control, emergency operations, or inclement weather operations.
Del. Code tit. 21, § 4357 Carrying of flares in certain vehicles; use upon becoming disabled.
(a) No person shall operate any vehicle having a width in any part in excess of 80 inches or a gross weight of vehicle and load of 8,000 pounds or more upon the highways of this State outside of a business or residential district during the period when lighted lamps must be displayed on vehicles, unless there shall be carried in such vehicle at least 3 flares, or 3 red electric lanterns or 3 portable red emergency reflectors capable of being distinguished at a distance of not less than 600 feet under normal atmospheric conditions at night.
(b) Whenever any vehicle described in subsection (a) of this section or its lighting equipment is disabled during the period when lighted lamps must be displayed and such vehicle cannot immediately be removed from the main traveled portion of a highway outside of a business or residential district, the driver or other person in charge of such vehicle shall cause flares, lanterns or reflectors to be lighted and placed upon the highway, 1 at a distance of approximately 100 feet in advance of such vehicle, 1 at a distance of approximately 100 feet to the rear of the vehicle and the third upon the roadway alongside of the vehicle. If the vehicle is transporting flammables, 3 red reflectors shall be so placed so as to afford a warning of the presence of the vehicle on the highway in lieu of such other signals and no open burning flare shall be placed adjacent to any such vehicle.
Del. Code tit. 21, § 4358 Penalties.
Whoever violates this subchapter shall for the first offense be fined not less than $10 nor more than $28.75. For each subsequent like offense, the person shall be fined not less than $28.75 nor more than $100. A violation of § 4333, § 4334, § 4336, § 4337, or § 4351 of this title may be dismissed before trial if the defendant establishes that repairs have been made so that the vehicle is in compliance.
Del. Code tit. 21, § 4361 Skid chains and snow tires; penalty.
When the highways are covered with snow or ice, the operator of any school bus shall not transport school children upon any of the highways of this State unless all rear wheels are equipped with tires having treads designed for use in snow, which tires must be in such condition as to serve the purpose for which they are designed. Any person violating this section shall be fined not less than $10 nor more than $100, or imprisoned not more than 10 days or both.
Del. Code tit. 21, § 4362-4365 §§ 4362-4365. Markings; color and size; flashing lamps; stop signal device [Repealed].
Repealed by 77 Del. Laws, c. 312, § 7, effective June 28, 2010.
Del. Code tit. 21, § 4366 Communication devices.
Every school bus being used for the transportation of children shall be equipped with a radio or telephonic communication device that will allow the driver of the bus to call for or receive calls for assistance in the event of an emergency. All costs associated with the purchase of communication devices and if applicable, the associated line charges, will be the responsibility of the State. All costs for use of communication devices for non-911 communications shall be the responsibility of the school district. Notwithstanding the above, any school district shall be free to absorb any such costs to its own account.
Del. Code tit. 21, § 4367 Air conditioning.
(a) School buses used to transport special education students that have a medical need for air conditioning (specified by a physician), and that go to a special education school may be air conditioned.
(b) Internal ceiling-mounted air conditioning units mounted above the seats within the head protection zone or at the rear of the bus shall be padded with materials meeting FMVSS 302 and FMVSS 222 requirements.
Del. Code tit. 21, § 4371 Construction of vehicles to prevent escape of contents; penalty.
(a) No vehicle shall be driven or moved on any highway unless it is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.
(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $10 nor more than $28.75. For each subsequent like offense, the person shall be fined not less than $28.75 nor more than $100.
Del. Code tit. 21, § 4372 Transportation of meat scrap, bones; penalty.
Whoever transports upon a public highway any meat scrap, waste, bones or waste animal matter, except inside a vehicle having a closed body, the doors of which are kept securely fastened while the vehicle is moving on the highway, shall be fined not more than $115, or imprisoned not more than 30 days or both.
Del. Code tit. 21, § 4373 Unlawful display of club insignia; penalty.
(a) No person who is not a member of the Delaware Automobile Association shall exhibit or display within this State any membership card, sign, token or other insignia of the Association, with intent to make it appear that the person is a member of the Delaware Automobile Association or entitled to any of the benefits or advantages resulting from membership therein.
(b) Whoever violates any provision of this section shall be fined not more than $57.50.
Del. Code tit. 21, § 4374 Equipment required on motor vehicles transporting railroad employees; penalty.
(a) Every motor vehicle provided by a railroad company and used to transport employees shall be equipped with adequate seating facilities, heating facilities and facilities for communication between occupants of the front seat of the vehicle and the occupants in the rear compartment of the vehicle. This requirement shall not apply to motor vehicles used to transport employees distances of less than 5 miles from their regular assembly point nor in cases of extreme emergency.
(b) If any dispute arises as to the adequacy of the facilities provided for in this section, it shall be submitted to and decided by the Director of the Division of Motor Vehicles.
(c) The Department may rescind, cancel or suspend the registration of any motor vehicle described in subsection (a) of this section and may rescind, cancel, suspend or take possession of the current registration plates of any such motor vehicle which is determined by the Department to be not equipped as required by this section.
Del. Code tit. 21, § 4381-4387 §§ 4381-4387. Definitions; Prohibition; Misbranding; Adulteration; Standards and specifications; Enforcement; Penalties [Repealed].
Repealed by 72 Del. Laws, c. 84, § 1, eff. June 25, 1999.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title21/c043/sc01/index.htmlFetched: 10/4/2026