Delaware Code
Title 2 - Transportation

§ 132. Coordination of aeronautics matters and activities with and between the federal government, political subdivisions and others. - The Department shall cooperate with and assist the federal government,...

§ 133. Reports to federal agencies; preservation of aircraft involved in accidents. - The Federal Aviation Administration has primary responsibility for investigating aircraft...

§ 134. Rules, regulations, and standards. - (a) The Department may perform such acts, issue and amend...

§ 135. State airways system. - The Department may designate, design, and establish, expand, or modify...

§ 136. Technical services to public use airports and political subdivisions. - The Department may, insofar as is reasonably possible, offer its...

§ 137. Legislation; representation of State before federal agencies. - The Department may draft and recommend necessary legislation to advance...

§ 138. Participation in litigation or other proceedings. - The Department may participate as party plaintiff or defendant, or...

§ 139. Enforcement of aeronautics laws. - The Department, its members and employees, the Secretary of Transportation,...

§ 140. Conduct of investigations, inquiries and hearings. - The Department, any member thereof, the Secretary of Transportation, or...

§ 141. Reports of investigations. - In order to facilitate the making of investigations by the...

§ 142. Financial assistance to political subdivisions, public use airports and education programs. - The Department may, through the Office of Aeronautics, render assistance...

§ 143. Authority to contract. - The Department may enter into any contracts necessary to the...

§ 144. Grant of exclusive rights prohibited. - The Department shall grant no exclusive right for the use...

§ 145. Cooperation with federal government. - The Department may cooperate with the government of the United...

§ 146. Receipt of federal moneys for airports. - The Department may accept, receive, and receipt for federal moneys...

§ 147. Disposition of federal moneys for airports. - All moneys accepted for disbursement by the Department under §...

§ 148. Contracts for air navigation facilities. - All contracts for the acquisition, construction, improvement, maintenance, and operation...

Subchapter III. Registration and Licenses

§ 161. Declaration of policy. - (a) The Federal Aviation Regulations (promulgated by the Federal Aviation...

§ 162. Airports, landing areas and other air navigation facilities. - The Department, through the Office of Aeronautics, may approve and...

§ 163. Refusal and revocation of license; registration or approval. - The Department, through the Office of Aeronautics, may suspend or...

§ 170. Operation of airport, landing area, etc. without license; approval of site required before acquisition. - (a) All proposed airports, restricted landing areas, and other air...

§ 171. Hearings for approval of airport sites or for licensing airports. - Whenever the Department makes an order granting or denying a...

§ 172. Standards for approving airport sites and licensing airports. - In determining whether it shall issue a certificate of approval...

§ 173. Exceptions from approval and licensing requirements. - Sections 170 through 172 inclusive of this title shall not...

§ 174. Orders of Department refusing or revoking license, registration or approval. - In any case where the Department refuses to issue a...

§ 175. Review of Department's action. - Any person aggrieved by an order of the Department, or...

Subchapter IV. Penalties

§ 181. Penalties. - Whoever violates this chapter or any of the rules, regulations,...

Subchapter V. Flight Instruction/Aircraft Rental

§ 191. Insurance notice. - All contracts for flight instruction and/or the rental or leasing...

Chapter 3. UNIFORM STATE AERONAUTICS LAW

§ 301. Definitions. - When used in this chapter: (1) “Airperson” includes aviator, pilot,...

§ 302. Sovereignty in space. - Sovereignty in the space above the lands and waters of...

§ 303. Ownership of space. - The ownership of space above the lands and waters of...

§ 304. Lawfulness of flight and landings. - Flight in aircraft over the lands and waters of this...

§ 305. Damage on land; liability. - The owner of every aircraft which is operated over the...

§ 306. Collision of aircraft; law governing liability. - The liability of the owner of 1 aircraft to the...

§ 307. Crimes and torts in flight; law governing. - All crimes, torts and other wrongs committed by or against...

§ 308. Contracts in flight. - All contractual and other legal relations entered into by aeronauts...

§ 309. Dangerous flying; penalty. - Whoever, being an airperson or passenger, while in flight over...

§ 310. Hunting from aircraft; penalty. - Whoever, being an airperson or passenger, while in flight within...

§ 311. Uniformity of interpretation. - This chapter shall be so interpreted and construed as to...

§ 312. Aiming the beam of a laser pointer at an aircraft prohibited; unclassified misdemeanor. - (a) A person is guilty of aiming the beam of...

Chapter 5. AIRCRAFT OPERATION

§ 501. Adoption of Federal Aviation Regulations governing aircraft operations. - The federal government has enacted laws (Part A of Subtitle...

§ 502. Use of alcohol or drugs in connection with aircraft operations. - The State recognizes the serious hazard to safe aircraft operations...

§ 503. Penalties; jurisdiction. - Violations under this chapter shall be referred by the Department,...

Chapter 6. OBSTRUCTIONS IN AIRPORT APPROACH AREAS

§ 601. Jurisdiction. - The Department may enforce this chapter by the filing of...

§ 602. Erection or maintenance of obstructions; prohibitions. - (a) A building permit issued by the county or municipality...

§ 603. Erection or maintenance of obstructions; penalties. - Whoever constructs, erects, places or alters any obstruction without first...

Chapter 7. STATE AIRPORTS

§ 701. Authority to establish, acquire and operate. - (a) The Department may, on behalf of and in the...

§ 702. Acquisition of easements and airport protection privileges. - Where necessary, in order to provide unobstructed air space for...

§ 703. Joint operations. - The Department may engage in all the activities specified in...

§ 704. Condemnation. - (a) The Department may exercise the right of eminent domain,...

§ 705. Leases and sales. - (a) The Department may lease for a term not exceeding...

§ 706. Charges and rentals; lien. - The Department may determine the charges or rental for the...

§ 707. Department's functions and powers governmental. - The acquisition of any lands for the purpose of establishing...

§ 708. Tort liability. - No action or suit sounding in tort shall be brought...

Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS

Subchapter I. Establishment and Administration

§ 901. Interpretation and construction. - This chapter shall be so interpreted and construed as to...

§ 902. Public purpose and necessity. - The acquisition of any lands for the purpose of establishing...

§ 903. Authority to establish, acquire and operate airports. - Every political subdivision may, through its governing body, acquire property,...

§ 904. Establishment of airports on waters and reclaimed land. - (a) The powers granted in this chapter to a political...

§ 905. Means of acquiring airport property. - (a) Property needed by a political subdivision for an airport...

§ 906. Condemnation. - (a) Whenever the political subdivision cannot agree with the owner...

§ 907. Acquisition of easements and airport protection privileges. - Where necessary, in order to provide unobstructed air space for...

§ 908. Validation of prior acquisition of airport property. - Any acquisition of property within or without the limits of...

§ 909. Specific powers of political subdivisions. - In addition to the general powers in this chapter conferred,...

§ 910. Encroachment upon airport protection privileges; abatement. - No person shall build, rebuild, create, or cause to be...

§ 911. Assistance to other political subdivisions. - Whenever the governing body of any political subdivision determines that...

§ 912. Exclusiveness of jurisdiction. - Every airport and other air navigation facility controlled and operated...

Subchapter II. Financing and Taxation

§ 921. Exemption of airport property and income from taxation. - Any property acquired by a political subdivision pursuant to this...

§ 922. Payment of purchase price and improvement costs; definition of “cost.” - The cost of investigating, surveying, planning, acquiring, establishing, constructing, enlarging...

§ 923. Bond issues. - (a) Any bonds to be issued by any political subdivision...

§ 924. Validation of prior bonds. - In all cases where a political subdivision has issued any...

§ 925. Authority to appropriate and expend moneys and to levy taxes. - (a) The governing bodies having power to appropriate moneys within...

§ 926. Use of airport revenues. - The revenues obtained from the ownership, control and operation of...

Subchapter III. Federal Aid

§ 931. Receipt of aid; expenditure of moneys. - Every political subdivision may accept, receive and receipt for federal...

§ 932. Department of Transportation as agent; conditions of grant. - (a) The governing body of any political subdivision may designate...

§ 933. Contracts; law governing. - (a) All contracts for the acquisition, construction, enlargement, improvement, maintenance,...

Subchapter IV. Joint Operations

§ 941. Definitions. - For purposes of this subchapter, unless another intention appears or...

§ 942. Power, rights and authority. - (a) All powers, rights and authority granted to any political...

§ 943. Agreement for; contents. - (a) Any 2 or more political subdivisions may enter into...

§ 944. Governing board; membership, organization and powers. - (a) Political subdivisions acting jointly as authorized in this subchapter...

§ 945. Ordinances. - Each political subdivision, acting jointly with another, pursuant to this...

§ 946. Condemnation. - Condemnation proceedings shall be instituted, in the names of the...

§ 947. Joint funds. - (a) For the purpose of providing funds for necessary expenditures...

§ 948. Specific performance of joint agreements. - Specific performance of the provisions of any joint agreement entered...

Chapter 13. DELAWARE TRANSPORTATION AUTHORITY

§ 1301. Short title. - This chapter shall be known as the Delaware Transportation Authority...

§ 1302. Legislative findings and determinations. - (a) The General Assembly finds that: (1) There is a...

§ 1303. Definitions. - (a) “Delaware Transit Corporation” means a corporation created pursuant to...

§ 1304. Established; Director. - (a) There is hereby established a body corporate and politic,...

§ 1305. Turnpike maintenance and operations. - The Authority is authorized to make appropriate provisions for the...

§ 1306. Aeronautics within the Department. - Administration of the laws of this State appearing in Chapters...

§ 1307. Subsidiaries. - (a) The Authority may create or abolish 1 or more...

§ 1309. Powers. - The Authority shall have all of the powers necessary or...

§ 1310. Revenues. - (a) The Authority may make and enforce such rules and...

§ 1311. Bonds. - The Authority is hereby authorized to provide by resolution, at...

§ 1312. Authorized projects. - The Authority is hereby authorized to issue bonds to refund...

§ 1314. Authorization of state highway projects. - (a) In order to assist the program of highway construction...

§ 1315. Credit of State not pledged to Authority bonds. - Bonds issued by the Authority under this chapter shall not...

§ 1316. Bonds as legal investments; legal deposit. - Bonds issued pursuant to this chapter are securities in which...

§ 1317. Revenues as trust funds; pledge or assignment of revenues; security interest. - All moneys received pursuant to this chapter, whether as proceeds...

§ 1318. Certain contract with bondholders. - The State hereby pledges to and agrees with the holders...

§ 1319. Exemption from taxation. - The State covenants with the purchasers and with all subsequent...

§ 1320. Special provisions relating to Delaware Turnpike. - (a) The Authority and the State shall always maintain and...

§ 1321. Limitation on jurisdiction of political subdivisions. - No political subdivision of the State shall exercise any power,...

§ 1322. Conveyance to Authority. - Any political subdivision, agency, department or commission of the State,...

§ 1323. Audit of books and accounts. - The office of Auditor of Accounts shall cause an annual...

§ 1324. Damage to private property. - All private property damaged or destroyed in the exercise by...

§ 1325. Employees of the Delaware Transit Corporation and subsidiaries. - The Director and Deputy Director of the Delaware Transit Corporation...

§ 1325A. Status of former DTA employees. - Any employee of the Delaware Transportation Authority as of June...

§ 1326. John F. Kennedy Memorial Highway. - The Delaware Interstate Highways 295 and 95 leading from the...

§ 1327. Operation of service stations. - The Authority may lease a retail fuel outlet or service...

§ 1328. Application of state Freedom of Information Act. - (a) The Authority and its subsidiaries shall be subject to...

§ 1329. Liability of Authority [Effective until Apr. 14, 2023]. - (a) Any operation, service or program provided by the Delaware...

§ 1329. Liability of Authority [Effective Apr. 14, 2023]. - (a) Any operation, service or program provided by the Delaware...

§ 1330. Limitation of actions to recover payments erroneously or illegally collected by the Authority. - No action or claim that is otherwise permitted against the...

§ 1331. Motor fuel tax. - The provisions of Chapters 51 and 52 of Title 30...

§ 1332. Passenger rail carriers. - (a) The General Assembly has determined as a matter of...

§ 1335. Maintaining adequate supplies of road materials [Operation of this statute was suspended by 83 Del. Laws, c. 340, § 112]. - (a) Legislative findings. — The General Assembly finds that the...

Chapter 14. TRANSPORTATION TRUST FUND

§ 1401. Title. - This chapter shall be known as the “Transportation Trust Fund...

§ 1402. Legislative findings and determinations. - (a) The General Assembly hereby reaffirms all the findings made...

§ 1403. Application of chapter. - In addition to the powers granted to the Authority by...

§ 1404. Establishment of Transportation Trust Fund. - There is hereby established in the Authority a fund to...

§ 1405. Bonds secured by Transportation Trust Fund revenues. - (a) The Authority shall have the power and is hereby...

§ 1406. Covenants with holders of bonds. - In any resolution of the Authority authorizing or relating to...

§ 1407. Pledge of revenues. - In addition to the provisions of the 2nd paragraph of...

§ 1408. Personal immunity. - Neither the Secretary nor any person executing bonds issued pursuant...

§ 1409. No alteration of rights. - The State does hereby pledge to and covenant and agree...

§ 1410. Bonds as legal investments. - The State and all public officers, governmental units and agencies...

§ 1411. Property exempt from taxation. - All property of the Authority is declared to be public...

§ 1412. Applicable provisions of Chapter 13. - All provisions of Chapter 13 of this title, not inconsistent...

§ 1413. Transfers from road improvement fund. - Notwithstanding § 1310(c)(11) of this title, available money in the...

§ 1414. Repeal of §§ 1310 and 1312. - (a) (1) Notwithstanding § 1310(b)(3) of this title, at such...

§ 1415. Transfers of motor fuel tax revenues. - Notwithstanding § 1310(c)(8) of this title, the Authority shall not...

§ 1416. Transfer of motor carrier registration fees. - Notwithstanding § 1310(c)(9) of this title, the Authority shall not...

§ 1417. Budget of Authority. - The expenditures of the Authority from the Transportation Trust Fund,...

§ 1418. Deauthorization of funds. - Any funds authorized in a bond and capital improvements act...

Chapter 18. PUBLIC CARRIER

§ 1801. Definitions. - As used in this chapter: (1) “Department” means the Delaware...

§ 1802. Regulation of public carriers [Effective until Apr. 14, 2023]. - (a) The Department shall make and impose charges and fees...

§ 1802. Regulation of public carriers [Effective Apr. 14, 2023]. - (a) The Department shall make and impose charges and fees...

§ 1802C. Taxicab medallion and limousine certification task force. - (a) The General Assembly directs the Department of Transportation (DelDOT)...

§ 1803. Railroad rights-of-way; acquisition by Department; notice of abandonment. - In order to permit the state Department to receive notice...

§ 1804. Railroad crossings; construction and protection. - (a) No public carrier engaged in the transportation of passengers...

§ 1805. Right-of-way defined. - As used in §§ 1803 to 1806 of this title,...

§ 1806. Contents of notice. - Each notice, required to be served pursuant to § 1803...

§ 1807. Service of notice. - Service of the said notice shall be made by certified...

§ 1808. Regulation of ticket agents; penalties for violations. - (a) Each agent who is authorized to sell tickets or...

§ 1809. Redemption of unused tickets. - The owner or person operating any railroad, steamboat or other...

§ 1810. Erection and maintenance of telegraph and telephone lines by railroad. - Every railroad corporation existing under the laws of this State...

§ 1811. Fences and cattle guards; liability for damages; trespass with animals; walking on tracks; penalties. - Every railroad corporation shall erect and maintain fences on both...

§ 1812. Liability of those damaging railroad property. - Any person who wilfully impairs, injures, destroys or obstructs the...

§ 1813. Badges of railroad conductor, baggage master and brakeman. - Every conductor, baggage master or brakeman, of any railroad corporation...

§ 1814. Railroad car brakes. - No passenger train on any railroad shall be run without...

§ 1815. Penalties for violations of §§ 1813, 1814. - Any corporation failing to comply with, violating or permitting any...

§ 1816. Free passes and franks; transportation without fare. - (a) This chapter shall in no wise be construed to...

§ 1817. Transportation utilities; intra and interline connections; switch connections. - The Department may, after hearing, upon notice, by order in...

§ 1818. Public carriers operating buses; public liability insurance [Effective until Apr. 14, 2023]. - The Department may prescribe by regulation or order, as to...

§ 1818. Public carriers operating buses; public liability insurance [Effective Apr. 14, 2023]. - The Department may prescribe by regulation or order, as to...

§ 1819. Appeal from Department's order. - (a) Any public carrier affected by any final order made...

§ 1820. Stay pending appeal. - The filing of an appeal from any order of the...

§ 1821. Liability for trashing railroad right-of-ways; penalty; jurisdiction. - A person shall be guilty of an offense if the...

§ 1822. Medical transportation by health-care facilities. - Vehicles that are operated by:

§ 1823. Medical transportation by stretcher van. - Stretcher vans, as defined in § 1801 of this title...

Chapter 19. TRANSPORTATION NETWORKS

§ 1901. Definitions. - As used in this chapter: (1) “Digital network” means any...

§ 1902. Not other carriers. - TNCs or TNC drivers are not public carriers, as defined...

§ 1903. TNC permit required. - (a) A person shall not operate a TNC in Delaware...

§ 1904. Agent and registration requirements. - (a) The TNC must maintain an agent for service of...

§ 1905. Fare collected for services. - On behalf of a TNC driver, a TNC may charge...

§ 1906. Identification of TNC vehicles and TNC drivers and customer service. - (a) The TNC's online-enabled technology application service or website shall...

§ 1907. Electronic receipt. - Within a reasonable period of time following the completion of...

§ 1908. Financial responsibility of transportation network companies [Effective until Apr. 14, 2023]. - On or before August 10, 2016, and thereafter, a transportation...

§ 1908. Financial responsibility of transportation network companies [Effective Apr. 14, 2023]. - On or before August 10, 2016, and thereafter, a transportation...

§ 1909. Disclosures. - (a) The transportation network company shall disclose in writing to...

§ 1910. Automobile insurance provisions. - (a) Insurers that write automobile insurance in Delaware may exclude...

§ 1911. Limitation on TNCs. - Notwithstanding any other provision of law, TNC drivers shall be...

§ 1912. Zero tolerance for drug or alcohol use. - (a) The TNC shall implement a zero tolerance policy regarding...

§ 1913. TNC driver requirements. - (a) Before allowing an individual to accept trip requests through...

§ 1914. Vehicle safety. - The TNC shall verify on an annual basis that: (1)...

§ 1915. No street hails. - A TNC driver shall not solicit or accept street hails.

§ 1916. No cash trips. - The TNC shall adopt a policy prohibiting solicitation or acceptance...

§ 1917. No discrimination; accessibility. - (a) The TNC shall adopt a policy of nondiscrimination on...

§ 1918. Records. - A TNC, or a third party on the TNC's behalf,...

§ 1919. Audits and inspection of records. - (a) In response to a specific complaint, the Division or...

§ 1920. Compliance with state law and defensive driving course. - A TNC must advise TNC drivers that they are responsible...

§ 1921. Penalties. - (a) The Division is authorized to enforce the requirements of...

§ 1922. Controlling authority. - The Division may promulgate rules and regulations consistent with this...

Chapter 20. PUBLIC-PRIVATE INITIATIVES PROGRAM IN TRANSPORTATION

§ 2001. Findings and declaration of policy. - The General Assembly hereby finds and declares that: (a) It...

§ 2002. Definitions. - As used in this chapter, unless the context indicates a...

§ 2003. Projects. - (a) Project. — Subject to subsection (c) of this section,...

§ 2004. Ownership and lease of project transportation systems. - (a) Agreements may provide for either private or State ownership...

§ 2005. Exercise of Department's powers. - For purposes of facilitating these projects and to assist the...

§ 2006. Authorization of tolls and user fees; limitations on toll and user fee revenues. - (a) Authorization of tolls and user fees. — Each agreement...

§ 2007. Reimbursement for services rendered by department or other State agencies. - (a) Police services. — Each project is deemed to be...

§ 2008. Liability coverage; indemnification. - Each agreement must require that liability insurance coverage of an...

§ 2009. Other agreement provisions. - (a) Grant of rights to contracting party. — An agreement...

§ 2010. Operation of toll facility. - At the request of a contracting party operating a toll...

§ 2011. Plans and specifications. - The plans and specifications for each project constructed pursuant to...

§ 2012. Public-Private Initiatives Program Revolving Loan Fund. - (a) Establishment of Fund. — There is hereby established a...

Chapter 21. COMPLETE COMMUNITY ENTERPRISE DISTRICT

§ 2101. Declaration of policy. - It is the policy of this State to: (1) Encourage...

§ 2102. Definitions. - As used in this chapter: (1) “Complete Community Enterprise District”...

§ 2103. District designation. - (a) Any municipality, county, or municipality-county partnership may enter into...

§ 2104. District requirements. - A Complete Community Enterprise District must meet all of the...

§ 2105. District policies. - Once a District has been created, the Department shall: (1)...

§ 2106. Authority, role, and responsibility of municipalities and counties. - Nothing in this chapter may be construed to deny to...

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Delaware Code Title 2 - Transportation

Delaware Code
Title 2 - Transportation