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Delaware
Below is a list of the key highway safety laws in Delaware. For more information, contact the Delaware Office of Highway Safety.
| 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) and State Highway Safety Offices.
| Handheld Ban | All Cell Phone Ban | Text Messaging Ban | Crash Data |
||||||
| School Bus Drivers | Novice Drivers | All Drivers | School Bus Drivers | Novice Drivers | |||||
| Yes (Primary) (eff. 1/2/11) |
Yes (Primary) |
Learner's permit and intermediate license holders (Primary) |
Yes (Primary) (eff. 1/2/11) |
Covered under all driver ban | Yes | ||||
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Child Restraint Required unless indicated, # refers to Yrs.(Lbs.) |
Adult Safety Belt Permissible unless indicated, # refers to Yrs.(Lbs.) |
Maximum Fine 1st Offense |
| <7 (and <66) | 8 - 15 (or >66) | $25 |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| 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.
| Admin. License Suspen- sion on 1st Offense |
Limited Driving Privileges During Suspension | Inc. Penalty for High BAC | Open Container Laws | Repeat Offender Laws | Vehicle and License Plate Sanctions | Ignition Interlocks | Alcohol Exclusion Laws Limiting Treatment Opportunity | |
| 3 months | .16 (.20) | Yes | Vehicle sanction and license plate impoundment | Mandatory for high BAC (>.15) and repeat convictions | Yes | |||
Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), National Conference of State Legislatures (NCSL) and State Highway Safety Offices.
| Learner Stage | Intermediate Stage | Full Privilege Min. Age (Yrs./Mos.) |
Required Supervised Driving Hours (Night Hours) |
||||
| Min. Age (Yrs./ Mos.) |
Min. Dura- tion (Mos.) |
Min. Age (Yrs./Mos.) |
Night- time 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) | |
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) and State Highway Safety Offices.
| Motorcyclists | Bicyclists | ||
| Universal Helmet Law (Year Enacted) | Partial Law | Universal Helmet Law Repealed | |
| <19 | 1978 | <18 | |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Length of Regular Renewal Cycle (Yrs.) | Provisions for Mature Drivers |
| 5 | |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Type of Law | Who is Covered (Yrs.) | In What Seat | Maximum Fine 1st Offense |
| Primary | >16 | All | $25 |
Delaware's seat belt law is a civil penalty.
Sources: Insurance Institute for Highway and State Highway Safety Offices.
| 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.
| Checkpoints Conducted? | Comments |
| Yes | Monthly January to June; weekly June through December |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| 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.
| State Law | Violations | Location | Citation Issued To / Liability |
Image / Privacy | Penalties (Traditional Penalties) | Defenses |
| Permitted | Red light | Various | Registered owner | 2 or more images of vehicle | $75 plus fees; not a record or conviction offense; not to be used by insurers ($75-$230) |
Owners of commercial vehicles must identify driver or be held responsible |
Sources: National Conference of State Legislatures (NCSL), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| 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.