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Delaware State ShapeDelaware

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 Defined by Statute 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 Office.

Hand-held Ban All Cell Phone Ban Text Messaging Ban Crash
Data
School Bus Drivers Novice Drivers All Drivers School Bus Drivers Novice Drivers
Yes
(Primary)
Yes
(Primary)
Learner or Intermediate License (Primary) Yes
(Primary)
Covered under all driver ban Yes

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

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 Office.

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 Office.

Inc. Penalty for High BAC Admin. License Susp. on 1st Offense Limited Driving Privileges During Susp. Ignition Interlocks Vehicle and License Plate Sanctions Alcohol Exclusion Laws Limiting Treatment
*Meeting Federal Requirements
.16 3 months   Mandatory for all convictions
(eff. 2/2015)
Vehicle sanction and license plate impoundment   Yes Yes

Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), Mothers Against Drunk Driving (MADD), National Conference of State Legislatures (NCSL) and State Highway Safety Office.

Learner Stage Intermediate Stage Full Privilege
Min. Age
(Years/ Months)
Min. Age
(Years/ Months)
Min.
Duration
(Months)
Required
Supervised
Driving Hours
(Night Hours)
Min. Age
(Years/ Months)
Nighttime Driving Restriction Passenger
Restriction
(except family, unless noted)
16 6 50 (10) 16 / 6 10 p.m. - 6 a.m. No more than 1 17

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 Office.

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 Office.

Length of Regular Renewal Cycle (Yrs.) Provisions for Mature Drivers
8  

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

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 Office.

State Law
Permitted

Sources: Segway LLC and State Highway Safety Office.

Checkpoints Conducted? Frequency Legality
Yes Monthly January to June; weekly July through December Upheld under state law and federal Constitution

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

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 Office.

Violation / State Law Permitted Locations/Criteria Citation Issued To / Liability Image Taken Penalties (Traditional Penalties)
Speed: No state law or programs
Red light: Permitted Statewide Registered owner/
Owner
2 or more images of vehicle $110 max.; not record or conviction offense; not used by insurers
($75-$230)

Sources: National Conference of State Legislatures (NCSL), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

Violations Affected Enhanced Penalties Workers Must Be Present Signs Must Be Present
Various At least double original fine (1st offense) No No

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