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TITLE 21

Motor Vehicles

Registration, Title and Licenses

CHAPTER 21. REGISTRATION OF VEHICLES

Subchapter II. Plates

§ 2121. Number and registration plates; provision for the issuance of special license plates to the owners of motor vehicles who operate amateur radio stations; special vanity plates.

(a) The Department shall furnish 1 number plate for each vehicle registered. The Department shall also furnish registration plates as hereinafter provided. Upon the termination of the lawful use of any such plates they shall be returned to the Department.

(b) Each number plate shall have displayed thereon the registration number assigned to the vehicle, the name of this State, which may be abbreviated and in the case of motor farm trucks used exclusively by farmers in the operation of their farms and which have been registered for the reduced fee as provided by law, such plates for such farm motor trucks shall also display in large type the letter "F," meaning for farm motor trucks only. In addition to the reduced registration fee to be paid for the registration of such motor farm trucks, the owner thereof shall also pay to the Department the cost of such special number plates for such trucks. In case of vehicles registered for a gross rate of more than 5,000 pounds, the number plate may also show the gross weight for which the vehicle is registered. Each number plate for each vehicle shall also show, in the manner determined by the Department and as hereinafter provided, the period of expiration thereof for which the vehicle has been registered and the required registration fee paid. Each number plate and the identifying letters and numerals thereon, except the registration period or expiration thereof, shall be of sufficient size to be plainly readable at a distance of 100 feet during daylight.

Motor vehicles with a registered gross weight of 7,000 pounds or less may be assigned any type of number plate. Motor vehicles, except for recreational vehicles, with a registered weight rating above 7,000 pounds will be assigned commercial or farm truck license plates. The number plates for motorcycles and mopeds, as defined by § 101(32) and (31) of this title, shall display thereon the letters MC for motorcycles and the letters MP for mopeds. The number plates for recreational vehicles and trailers as defined by § 101(53) and (52) of this title shall display thereon the letters RV for recreational motor vehicles and the letters RT for recreational trailers. The title registration number for mobile homes shall begin with the letters MH and park trailers with the letters PT. Each number plate and special plate may have displayed thereon, in addition to all other numbers or letters required by this subsection, the words "The First State."

(c) The number plates shall be of such design, size, material and color as the Department may determine and shall be so constructed that validation plates, to be furnished by the Department as provided in this section, may be conveniently attached or affixed thereto and, when necessary, detached and removed therefrom.

(d) The Department shall furnish for each vehicle registered and upon the payment of the required fees a validation plate to be attached or affixed to the number plate as provided by subsection (c) of this section. Such validation plates shall be of such design, size, material and color and shall bear such legend or inscription as the Department may determine, showing the period or expiration date thereof.

(e) There may also be attached to any number plate an additional removable plate of a size and design approved by the Department, which additional plate may show such other data as the Department may approve. No number plate shall have attached thereto any advertising matter, any fictitious numbers, signs, or symbols or any legend of any character not approved by the Department.

(f) The Department shall issue for every passenger motor vehicle, rented without a driver, the number of plates of the same type as issued for private passenger vehicles.

(g) Upon written application, the Department shall furnish to any owner of a motor vehicle who is a resident of the State and who holds a valid, unrevoked, and unexpired official Amateur Radio Station License issued by the Federal Communications Commission, a special license plate for a motor vehicle owned by such individual and on which the required registration fee has been paid. The special plate shall bear the official amateur radio station call letters as assigned by the Federal Communications Commission to said individual. The special plate shall supersede the regular numbered plate assigned to such motor vehicle during the time said individual holds a valid, unrevoked and unexpired official Amateur Radio Station License issued by the Federal Communications Commission and while such motor vehicle is owned by such individual; provided that, at all times, the necessary registration fee has been paid for such motor vehicle. Upon making application for such special license plate the owner shall pay, in addition to the regular registration fee, the sum of $10 for such plate. Application shall be made on such form as shall be prescribed by the Department.

The special license plate shall have imprinted thereon only the call letters of the licensee, the words, "Delaware", "The First State" and the expiration date of the license plate.

(h) This title notwithstanding, the Department, upon written application, shall furnish to any owner of a motor vehicle otherwise entitled to a license plate, who is a resident of this State, a special vanity license plate for each motor vehicle owned by such individual for which the required registration fee has been paid, which plate shall have displayed thereon:

(1) Any single letter or combination of letters or combination of letters and numerals, not to exceed 7 in number. If the combination includes numerals, the numerals shall be displayed to the right of all letters on the plate. A hyphen shall be permitted and shall be counted as 1 letter. In its discretion, the Department may refuse any combination of letters, or letters and numerals. The Department may refuse 7 character combinations that do not allow adequate spacing between letters and/or numbers;

(2) The word "Delaware";

(3) The words "The First State";

(4) The expiration date of the license plates; and

(5) Gold letters on a blue background, except for license plates provided for in § 2123 of this title, in which case they shall be blue letters on a gold background.

Upon making application for such special vanity license plates, the owner shall pay $40 annually for each plate in addition to the regular registration fee. Application shall be made on forms as prescribed by the Department. The Department shall issue such plates in the order in which the applications are received for any letter or combination thereof. Such license plates shall be the personal property of the owner so long as the owner shall comply with this section. No reasonable facsimile of any license plate as provided for in this chapter shall be displayed on the front of any motor vehicle registered in this State. The provisions of subsection (b) of this section relating to the display of the letters "P/C" for combination vehicles shall not be applicable to this subsection.

(i) This title notwithstanding, the Department, upon written application, shall furnish to any owner of a motorcycle, otherwise entitled to a Delaware license plate, a special vanity license plate, provided the required registration fee has been paid for such motorcycle pursuant to § 2151(1) of this title. Such special plate shall have displayed thereon:

(1) Any single letter or combination of letters or combinations of letters and numerals, not to exceed 5 in number. If the combination includes numerals, the numerals shall be displayed to the right of all letters on the plate. A hyphen shall be permitted and shall be counted as 1 letter. In its discretion, the Department may refuse any combination of letters, or letters and numerals;

(2) The word "Delaware";

(3) The letters M/C;

(4) The expiration date of the license plate; and

(5) Gold letters on a blue background.

Upon making application for such special vanity license plate, the owner shall pay $40 annually for each plate in addition to the regular registration fee. Application shall be made on forms as prescribed by the Department. The Department shall issue such plates in the order in which the applications are received for any letter or combination thereof. Such license plate shall be the personal property of the owner so long as the owner shall comply with this section. No reasonable facsimile of any license plate as provided for in this chapter shall be displayed on the front of any motorcycle registered in this State.

(j) The number plates for recreational vehicles shall display thereon the letters "RV." A $10 fee shall be assessed to change the certificate of title, registration and license plate for any vehicle already registered under another type of plate if the owner desires to change to a recreational vehicle tag.

(k) Effective March 27, 1996, individual special vanity license plates shall not be recalled when the Department issues other categories of special group license plates with conflicting letters and numbers.

36 Del. Laws, c. 10, § 12; 37 Del. Laws, c. 10, § 5; Code 1935, § 5550; 43 Del. Laws, c. 244, § 6; 46 Del. Laws, c. 122, §§ 1, 2; 47 Del. Laws, c. 255, §§ 1, 4; 21 Del. C. 1953, § 2121; 49 Del. Laws, c. 14, § 2; 49 Del. Laws, c. 78; 53 Del. Laws, c. 349; 56 Del. Laws, c. 283, §§ 1, 2; 58 Del. Laws, c. 125; 58 Del. Laws, c. 384, § 5; 59 Del. Laws, c. 57, § 2; 60 Del. Laws, c. 180, § 1; 61 Del. Laws, c. 342, § 1; 63 Del. Laws, c. 212, § 1; 63 Del. Laws, c. 335, § 1; 65 Del. Laws, c. 78, §§ 1-3; 67 Del. Laws, c. 260, § 1; 68 Del. Laws, c. 156, § 61(a)-(c); 69 Del. Laws, c. 217, § 2; 69 Del. Laws, c. 454, § 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 264, § 1; 70 Del. Laws, c. 326, §§ 1-3; 71 Del. Laws, c. 20, § 1; 74 Del. Laws, c. 166, § 1.;

§ 2121A. Special license plates for members of Delaware firefighters, auxiliary, and volunteer ambulance or rescue companies within the Delaware Firefighter's Association.

(a)(1) The owner of any vehicle described in paragraph (2) of this subsection may apply to the Department for the assignment to that vehicle of a special Delaware firefighter number; provided however, the owner of the vehicle has official documentation which indicates such person is a bona fide member of or holds membership with a Delaware-based fire company, auxiliary of a fire company, or a volunteer ambulance or volunteer rescue company belonging to any county firefighter's association or the Delaware State Firefighter's Association of the State of Delaware.

(2) This section applies only to:

a. A private passenger vehicle;

b. A truck with a three-fourth ton or smaller manufacturer's rated capacity; or

c. A van with a three-fourth ton or smaller manufacturer's rated capacity.

(b) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the original application under this section shall be subject to a $10 administration fee.

(c) The applicant must submit acceptable proof, as required by the Division, that such applicant is a member in good standing or is otherwise eligible for the issuance of such special plate.

(d) [Repealed.]

(e) The Department shall reserve sufficient license plates including appropriate letters and numbers consecutively beginning with the number 1 as are required for this section.

(f) The Department, upon receipt of any official correspondence from the organization advising that the individual to which a special plate has been issued is no longer affiliated with such organization said special plate shall be forfeited and/or revoked immediately.

68 Del. Laws, c. 349, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 186, § 1.;

§ 2122. Unauthorized use of or addition to plates.

No person shall use or exhibit in a manner or at a time not authorized by this chapter, or by the rules and regulations of the Department with respect thereto, any number of registration plates or accessory plates, or display or use any unauthorized design, symbol or legend on or attached to any such plates.

36 Del. Laws, c. 10, § 12; 37 Del. Laws, c. 16, §§ 1, 2; Code 1935, § 5550; 43 Del. Laws, c. 244, § 6; 21 Del. C. 1953, § 2122.;

§ 2123. Number plates for elective or constitutional officers of the State and for state and federal judges.

(a) Upon written application, the Department shall furnish, without charge, to any state elective or constitutional officer, including members of both branches of the General Assembly, to the members of the judiciary (including the Judges of the United States District Court for the District of Delaware and United States Court of Appeals for the Third Circuit, resident in Delaware) and to the Representatives and Senators of the State in the Congress of the United States, a set of special plates for each motor vehicle owned by such person and on which the required registration fee has been paid, but not to exceed 2 sets of plates for each individual, which plates shall supersede, during such person's term of office and while such motor vehicle is owned by such person, the regular number plates assigned to such motor vehicle if at all times the necessary registration fee or fees have been paid for such motor vehicle.

(b) Each special plate furnished pursuant to this section shall have displayed thereon:

(1) Initials of the individual, except that the plates furnished to the Governor, Lieutenant Governor and Secretary of State may display the numerals 1, 2 and 3, respectively, in place of their initials;

(2) Designation of the person's office;

(3) Word "Delaware";

(4) Words "The First State";

(5) "Coat of arms" of the State;

(6) Expiration date of the license plate; and

(7) Blue letters on a gold background.

(c) It shall be lawful to display the state "coat of arms" on special plates furnished pursuant to this section, notwithstanding § 2306 of Title 29, and the written consent of the Secretary of State for such use shall not be required.

36 Del. Laws, c. 10, § 12; Code 1935, § 5550; 43 Del. Laws, c. 244, § 6; 21 Del. C. 1953, § 2123; 59 Del. Laws, c. 277, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 64, § 1.;

§ 2124. Number plates for manufacturers and dealers; transit plates for transporters and owners of special construction equipment.

(a) A manufacturer or dealer owning any vehicle of a type otherwise required to be registered under this title may operate or move the same upon the highways when such vehicle is used:

(1) In the motor vehicle business of such manufacturer or dealer; or

(2) For the personal pleasure of such manufacturer or dealer or the members of such person's family, when operated by such manufacturer or dealer or an immediate member of such person's family; or, when such manufacturer or dealer is a corporation, for the personal pleasure of not more than 3 officers thereof who are actively engaged in its business, or the members of their families, or for the personal pleasure of the regular employees of such manufacturer, dealer or corporation when operated by such employee; or

(3) For testing such vehicles in the possession of such manufacturer or dealer; or

(4) For demonstrating vehicles in the possession of such manufacturer or dealer.

Such vehicles may be operated by a prospective purchaser, when licensed as an operator or permittee, without registering each such vehicle, upon condition that any such vehicle display thereon, in the manner prescribed by this chapter for regular number plates, a special plate or plates issued to such owner as provided by this section.

(b) The Division shall issue special plates, designated as "in transit" plates, to transporters and owners of special construction equipment. Such "in transit" plates may be used to operate or move like vehicles or equipment upon the highways solely for the purpose of delivering or moving such vehicle to or from the location of any type of construction. All such vehicles moved or operated under this section must comply with Chapter 45 of this title.

(d) Every manufacturer, transporter or dealer shall keep a written record of the vehicles upon which such special plates are used and the time during which each set of plates is used on a particular vehicle, which record shall be open to inspection by any police officer or any officer or employee of the Department.

(e) No manufacturer or transporter of or dealer in motor vehicles, trailers or semitrailers shall cause or permit any such vehicle owned by such person to be operated or moved upon a public highway without the same being registered in accordance with this title and without there being displayed thereon a number plate or plates and a registration plate or plates, as provided by this title, except as otherwise authorized by this section.

(f) Any manufacturer, transporter or dealer may make application to the Department upon the appropriate form for a certificate and for 1 or more pairs of special plates or single special plates as are appropriate to various types of vehicles of the types subject to registration hereunder. The applicant shall also submit such proof of such applicant's status as a bona fide manufacturer, transporter or dealer as may be required by the Department. Dealer license plates will be limited to dealerships based on the number of vehicles sold per year. Dealers selling 5 to 10 vehicles per year may obtain no more than 1 dealer plate; dealers selling 11-25 vehicles per year may obtain no more than 2 dealer plates; dealers selling 26-49 vehicles per year may obtain no more than 4 dealer plates; dealers selling 50-99 vehicles per year may obtain no more than 5 dealer plates; dealers selling 100 or more vehicles per year may obtain any number of dealer plates at the dealer's discretion.

(g) The Department, upon approving any such application, shall issue to the applicant a certificate containing the applicant's name and address and other appropriate information.

(h) The Department, upon approving any such application, shall also issue special plates of a design, size, material and color determined by the Department. Each plate or pair of plates so issued, however, shall contain a number or symbol distinguishing the same from other plates issued under this chapter.

(i) Notwithstanding this section, the Department upon approving an application filed by a licensed automotive recycler may issue 1 or more special plates as provided for in subsection (a) of this section.

(j) Dealer plates may be transferred from 1 dealer to another by completing a seller's affidavit to transfer a dealer tag or tags and submitting it with the appropriate fee. The seller's affidavit shall include the seller's and buyer's names, the plate number and the date of the transfer. A dealer may not acquire more plates than they are otherwise permitted by subsection (f) of this section.

(k) All special plates issued hereunder shall expire at midnight on the 31st day of December of each year and may be extended for the ensuing year by the person to whom such plates were issued upon application to the Department and payment of the fees provided by this title.

36 Del. Laws, c. 10, § 16; Code 1935, § 5554; 43 Del. Laws, c. 244, § 10; 21 Del. C. 1953, § 2124; 53 Del. Laws, c. 132; 58 Del. Laws, c. 364; 65 Del. Laws, c. 76, §§ 1, 2; 65 Del. Laws, c. 318, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 580, § 1; 74 Del. Laws, c. 41, § 1.;

§ 2125. Ownership of plates.

Number and registration plates shall be the property of the State and shall be furnished by the Department for each registered motor vehicle without additional cost to the owner.

36 Del. Laws, c. 10, § 26; Code 1935, § 5564; 45 Del. Laws, c. 287, § 2; 21 Del. C. 1953, § 2125.;

§ 2126. Display of number plates; penalty.

(a) The number plate assigned to a motor vehicle shall at all times be attached to the rear of the motor vehicle, except truck tractors attached to trailers or semitrailers, whether coupled or uncoupled, shall display the number plate on the front of the vehicle in such a manner as to be easily identified. Such number plates shall meet the requirements of subsection (b) of this section. Special license plates may be displayed on the front or rear of the vehicle. The regular numbered plate assigned to the vehicle or a duplicate special license plate furnished under § 2121(h) of this title must be displayed on the vehicle rear when the special plate is displayed on the front of the vehicle.

(b) Every number plate shall at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than 12 inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible.

(c)(1) No number plate, or any portion thereof, shall be covered with any tinted material, nor shall any other material be placed on or around a number plate which would conceal and/or obscure any information contained thereon, including the registration expiration sticker. Plate frames that do not conceal and/or obscure any information contained on the plate, including the registration expiration sticker, are not prohibited by this section.

(2) Operation and/or use of a plate frame containing or including scrolling, strobe, and/or blinking lights around a license plate for any purpose, including but not limited to advertisement, to convey a message or communication is prohibited, except during a special organized event such as a parade or car show.

(d) Whoever violates subsection (a) or (b) of this section shall be fined not less than $25 nor more than $50. Whoever violates subsection (c) of this section shall be fined not less than $100 nor more than $200.

(e) It shall be unlawful to sell, offer to sell, transfer, possess or use any kind of device, product, plate cover, or object, including any image altering device or spray, for the purpose of hindering, inhibiting, impeding, impairing, or preventing the photographing, recording or imaging of a license plate in connection with the enforcement of this motor vehicle code or any local or municipal traffic laws. Any person convicted of a violation of this subsection shall, for the first offense, be fined not less than $50 nor more than $1,000. For each subsequent violation occurring within 3 years of the date of the original violation, the person shall be fined not less than $200 nor more than $2,000.

(f) It shall be unlawful to sell any license plate cover or frame which would violate subsection (c) of this section if placed on a Delaware license plate unless the seller posts a sign in close proximity to the product which states clearly and conspicuously to the public that it is illegal to place the license plate cover or frame on Delaware license plates. Any person convicted of a violation of this section shall be fined not less than $50 and not more than $100 and shall pay restitution to the purchaser of the license plate cover or frame in the amount of 10 times the purchase price.

36 Del. Laws, c. 10, §§ 13, 32; 37 Del. Laws, c. 10, § 11; Code 1935, §§ 5551, 5570; 43 Del. Laws, c. 244, § 7; 46 Del. Laws, c. 122, § 3; 21 Del. C. 1953, § 2126; 58 Del. Laws, c. 561; 65 Del. Laws, c. 503, § 5; 70 Del. Laws, c. 264, § 2; 70 Del. Laws, c. 320, §§ 1, 2; 74 Del. Laws, c. 15, §§ 1, 2; 74 Del. Laws, c. 321, § 1; 76 Del. Laws, c. 339, § 1; 77 Del. Laws, c. 184, § 1.;

§ 2127. Duplicate plates.

Whenever number or registration plates are lost, destroyed or so effaced as to no longer comply with the requirements of law, new plates shall be furnished by the Department upon receipt of satisfactory information and payment of the required fee.

36 Del. Laws, c. 10, §§ 19, 26; Code 1935, §§ 5557, 5564; 43 Del. Laws, c. 244, § 15; 45 Del. Laws, c. 287, § 2; 21 Del. C. 1953, § 2127.;

§ 2128. Status of plates upon transfer of title; conditions permitting reissuance of registration number.

(a) Upon the transfer of a vehicle or upon the expiration of registration for any other cause, the number plates assigned to a vehicle shall remain attached thereto. However, the transferor may have such registration plates and number plates transferred and assigned to another vehicle upon proper application in writing to the Department and upon payment to the Department of a fee of $10 in addition to all other fees required by law.

(b) If a vehicle registration has been expired for 1 year or more, the registration number may be reissued by the Division of Motor Vehicles.

(c) If a vehicle which was registered in Delaware is titled and registered in another jurisdiction, the Delaware title and registration is immediately cancelled and the registration number may immediately be reissued by the Division of Motor Vehicles.

(d) If a registered vehicle has been junked, salvaged or destroyed to an extent that it will not be registered again for highway use and if the Delaware certificate of title has been surrendered to the Division, the registration number may be reissued by the Division of Motor Vehicles.

(e) If a registration number has been removed from a vehicle pursuant to subsection (a) of this section, and if the registration has expired, the registration number may be reissued by the Division of Motor Vehicles.

36 Del. Laws, c. 10, § 12; Code 1935, § 5550; 47 Del. Laws, c. 255, § 1; 48 Del. Laws, c. 115, § 1; 21 Del. C. 1953, § 2128; 52 Del. Laws, c. 41; 52 Del. Laws, c. 169; 63 Del. Laws, c. 338, § 1; 66 Del. Laws, c. 83, § 1.;

§ 2129. Issuance of temporary registration plates with temporary permits; issuance to dealers for reissuance.

(a) The Department may issue a temporary registration plate designed by the Department to an owner to whom it grants a temporary registration permit pursuant to § 2103 of this title. The dates of issuance and expiration and the make and serial number of the vehicle for which issued shall be stamped or marked with indelible ink in letters at least 3/4 of an inch high upon any temporary plate so issued and a record of such information, together with the name of the owner, shall be retained by the Department.

(b) The Department may also issue temporary registration plates to a dealer in motor vehicles, either new or used, who submits such proof as the Department requires of such status as a bona fide dealer, for reissuance to purchasers of unregistered motor vehicles. Such plates may be issued to a qualified dealer upon application for not less than 5 of such plates and payment of a fee of $10 for each plate.

21 Del. C. 1953, § 2129; 50 Del. Laws, c. 260, § 1; 53 Del. Laws, c. 221, § 2; 67 Del. Laws, c. 265, § 1; 68 Del. Laws, c. 156, § 58(a); 70 Del. Laws, c. 186, § 1.;

§ 2130. Issuance of temporary plates by dealers; information to be placed on plates; records to be maintained.

(a) A dealer may issue a temporary registration plate for a fee of not more than $10 for each plate to a purchaser of an unregistered motor vehicle who makes proper application to the Department for registration thereof upon an appropriate form and delivers such application, together with the required fee, to the dealer for transmission to the Department.

(b) A dealer who issues a temporary registration plate shall mark or stamp thereon with indelible ink in letters at least 3/4 of an inch high the dates of issuance and expiration and the make and serial number of the vehicle for which issued and shall immediately transmit to the Department upon forms prescribed and furnished by the Department the aforesaid information and the name of the purchaser.

(c) Every dealer who receives temporary plates from the Department shall maintain at such dealer's place of business a record of all such plates issued to such dealer and of all such plates issued by such dealer, with the dates of receipt and issuance, the name of the purchaser to whom issued, the make and serial number of the vehicle for which issued and such other information as the Department may require. Each such record shall be kept for a period of at least 3 years from the date of entry and shall be available for inspection by representatives of the Department or police officers during regular business hours.

21 Del. C. 1953, § 2130; 50 Del. Laws, c. 260, § 1; 53 Del. Laws, c. 326; 67 Del. Laws, c. 265, § 2; 68 Del. Laws, c. 156, § 58(b); 70 Del. Laws, c. 186, § 1.;

§ 2131. Effect and duration of temporary registration plates; destruction upon expiration.

(a) A temporary registration plate properly issued to an owner or purchaser of a vehicle in accordance with § 2129 or § 2130 of this title shall be valid and shall entitle said owner or purchaser to operate the vehicle for which issued upon the public highways for a period of 60 days from the date of issuance or until the issuance of a permanent registration plate or until the cancellation or rescission of the contract of purchase, whichever occurs first.

(b) Upon the expiration of a temporary registration plate the holder thereof shall immediately destroy the same.

21 Del. C. 1953, § 2131; 50 Del. Laws, c. 260, § 1; 58 Del. Laws, c. 372; 68 Del. Laws, c. 156, § 58(c).;

§ 2132. Regulations by Secretary of Transportation; power to suspend right to issue temporary plates.

The Secretary of Transportation shall have the power to make rules and regulations, not inconsistent with §§ 2129, 2130 and 2131 of this title, to carry out the provisions thereof relative to temporary registration plates, and the said Secretary shall have the specific power, after hearing, to suspend the right to issue temporary plates of any dealer who fails to comply with the requirements of said sections or of any regulation consistent therewith.

21 Del. C. 1953, § 2132; 50 Del. Laws, c. 260, § 1; 57 Del. Laws, c. 670, §§ 8A, 8B; 74 Del. Laws, c. 110, § 42.;

§ 2133. Penalties; jurisdiction of justices of the peace.

(a) Any person who:

(1) Knowingly inserts any false information upon the face of a temporary registration plate; or

(2) Issues any temporary registration plate to a person or for a vehicle other than those permitted under this title; or

(3) Operates any vehicle bearing a temporary registration plate which is invalid or expired shall be guilty of an unclassified misdemeanor, and shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, the person shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both.

(b) Justices of the peace shall have jurisdiction of offenses under this section.

21 Del. C. 1953, § 2133; 50 Del. Laws, c. 260, § 1; 65 Del. Laws, c. 503, § 6; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 60, § 3.;

§ 2134. Special license plates for persons with disabilities which limit or impair the ability to walk; parking; penalties.

(a) The owner of a vehicle registered in Delaware and described in subsection (b) of this section may apply to the Department for the issuing to the vehicle a special license plate for persons with disabilities which limit or impair the ability to walk if a licensed physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, certifies that the applicant or a household member has 1 or more of the following disabilities that are permanent with no prognosis for improvement:

(1) Cannot walk 200 feet without stopping to rest;

(2) Cannot walk safely without the use of or assistance from a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device;

(3) Is restricted by lung disease to such an extent that the applicant's or household member's forced (respiratory) expiratory volume for 1 second, when measured by spirometry, is less than 1 liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest;

(4) Uses portable oxygen;

(5) Has a cardiac condition to the extent that the applicant's or household member's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or

(6) Is severely limited in that person's own ability to walk due to an arthritic, neurological or orthopedic condition.

(b) This section applies only to passenger cars, station wagons, pickup trucks, motorcycles, panel van trucks and other motor vehicles that are reasonably used by persons with disabilities which limit or impair the ability to walk and that have a gross registered weight which does not exceed 14,000 lbs.

(c) A special license plate may be issued under this section only if the applicant submits proof satisfactory to the Department that the applicant or a household member has a disability that is permanent with no prognosis for improvement as described in paragraphs (a)(1)-(6) of this section. Satisfactory proof prior to issuance must include the signature of a licensed physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, on a Department special disabled license plate or placard applicant form on which the physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, certifies the applicant's or household member's permanent disability. Renewal of the registration for the vehicle to which the special license plate is assigned shall require the applicant to submit a written certification that the applicant continues to require the special license plate for the reason or reasons it was initially issued; a new certification is not required. The issuance of a special license plate does not preclude the issuance of 1 removable windshield placard pursuant to § 2135 of this title.

(d) The fee for the issuance or reissuance of a special license plate may not exceed the fee charged for the issuance or reissuance of a standard license plate for the same class of vehicle.

(e) A special license plate issued pursuant to this section must display the internationally recognized wheelchair symbol of access in the same size as the numbers and/or letters on the plate.

(f)(1) A person for whom a special license plate is issued under this section or under a similar statute of any other state or country may park in parking spaces or zones restricted for use by persons with disabilities which limit or impair the ability to walk and in unmetered parking spaces or zones restricted as to the length of parking time permitted; furthermore, if such a parking space is assigned to a specific person with a disability as that person's residential or business parking space, that person may use the space without any time restriction.

(2) A person who is driving a vehicle with a special license plate issued under this section or under a similar statute of any other state or country may not park:

a. In a space or zone where stopping, standing or parking is prohibited to all vehicles;

b. In a space or zone which is reserved for other special types of vehicles;

c. In a space or zone assigned to another person for the other person's residential or business use;

d. Where a local ordinance prohibits parking during heavy traffic periods in morning, afternoon or evening rush hours; or

e. Where parking clearly would present a traffic hazard.

(3) The person for whom a special license plate is issued under this section or under a similar statute of any other state or country must be the driver of or a passenger in the vehicle bearing the special plate whenever the vehicle parks in a parking space or zone restricted for use only by vehicles with a special license plate or placard for persons with disabilities which limit or impair the ability to walk.

(g)(1) A person who intentionally presents false information to a licensed physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, or to the Department in an attempt to obtain a special license plate under this section shall be guilty of an unclassified misdemeanor. For the first offense, the person shall receive a mandatory fine of $100. For each subsequent like offense, the person shall receive a mandatory fine of $200 or be imprisoned for not less than 10 nor more than 30 days, or both. Any other violation of this section is a violation. Justices of the peace have jurisdiction over violations of this section.

(2) A summons may be attached to an unattended vehicle found in violation of any of the provisions of this section by any police officer or State Police Academy cadet authorized to issue a summons for a violation of this section. It is prima facie evidence that the person in whose name the unattended vehicle is registered is responsible for the violation.

(h) The Department may adopt rules and regulations that are reasonable or necessary for the implementation of this section.

21 Del. C. 1953, § 2134; 55 Del. Laws, c. 398, § 1; 61 Del. Laws, c. 345, § 1; 63 Del. Laws, c. 341, § 1; 63 Del. Laws, c. 441; 65 Del. Laws, c. 503, § 7; 67 Del. Laws, c. 125, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 96, § 1; 73 Del. Laws, c. 397, § 1; 76 Del. Laws, c. 210, § 1; 77 Del. Laws, c. 60, § 4; 77 Del. Laws, c. 113, §§ 1-3.;

§ 2135. Parking permits for persons with disabilities which limit or impair the ability to walk; parking; penalties.

(a) A person or a member of the person's household who has a disability that is permanent with no prognosis for improvement as described in § 2134(a)(1)-(6) of this title or who has a physical disability which is not permanent but which substantially limits or impairs the person's or household member's ability to walk for no less than 5 weeks and which is so severe that the person or household member would endure a hardship or be subject to a risk of injury without a temporary parking permit for persons with disabilities, or a person who is age 85 or older, whether or not that person has a disability, or an organization that regularly in its course of business transports persons with disabilities may apply to the Department for a permanent or temporary parking permit, whichever is appropriate, on a form provided by the Department. The form must state:

(1) That a permanent permit for a person with a disability, or for a person 85 or older, or for an organization that regularly in its course of business transports persons with disabilities expires after 3 years and a temporary permit for a person with a disability may not exceed 90 days;

(2) That a licensed physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, must certify a disability and indicate whether the applicant or household member needs a permanent parking permit or a temporary parking permit;

(3) That an applicant 85 or older need only submit proof of age that is satisfactory to the Department; and

(4) The possible penalties for intentionally and falsely representing that an applicant or household member is qualified to obtain a permanent or temporary parking permit.

An applicant or a household member who is eligible for a special license plate pursuant to § 2134 of this title may also apply for 1 permanent parking permit under this section. A parking permit is issued in the form of a removable placard capable of hanging from or being attached to the front windshield rearview mirror of a vehicle.

(b) A permanent or temporary parking permit may be issued under this section only if the applicant submits proof satisfactory to the Department that the applicant or household member has a disability that is permanent with no prognosis for improvement as described in § 2134(a)(1)-(6) of this title, or that the applicant or household member has a physical disability which is not permanent but which substantially limits or impairs the applicant's or household member's ability to walk for no less than 5 weeks and which is so severe that the applicant or household member would endure a hardship or be subject to a risk of injury without a temporary parking permit for persons with disabilities, or that the applicant or household member is 85 or older, or that the applicant is an organization that regularly in its course of business transports persons with disabilities. Satisfactory proof of a disability must include the signature of a licensed physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, on a Department special license plate or placard application form on which the physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, indicates the applicant's or household member's disability.

(c) The Department may not charge a fee for issuing or reissuing a parking placard. However, the Department shall charge a fee to offset the actual replacement cost of replacing a lost or damaged placard.

(d)(1) A permanent permit issued under this section for a person who has a disability stated in § 2134(a) of this title, or for a person 85 or older, or to an organization that regularly in its course of business transports persons with disabilities expires 3 years from the date of issue. However, another permanent permit may be issued upon reapplication.

(2) A temporary permit issued under this section for an applicant who has a physical disability which is not permanent but which substantially limits or impairs the person's ability to walk for no less than 5 weeks and which is so severe that the person would endure a hardship or be subject to a risk of injury without a temporary parking permit for persons with disabilities expires at the discretion of the Department, but may not exceed 90 days from the date of issue. However, another temporary permit may be issued upon reapplication.

(3) There is no limit to the number of times that a person may reapply for a permanent or temporary parking permit issued under this section. However, for each reapplication for a temporary parking permit, the applicant must comply with the requirements for an initial application as set forth in subsection (a) of this section. A new certification is not required for applicants or applicants' household members who have a permanent disability as described in § 2134(a)(1)-(6) of this title; however, the applicant shall submit a written certification that the applicant continues to require the parking permit for the reason or reasons it was initially issued.

(e) A parking permit for a person with a disability which limits or impairs the ability to walk, or for a person 85 or over, or for an organization pursuant to subsection (i) of this section must be in the form of a removable windshield placard of a size and design determined by the Department. A permanent parking placard must be blue; a temporary parking placard must be red; an organization parking placard must be green. The information on the placard must be large enough to be read clearly from outside a motor vehicle when the placard is hanging from the vehicle's front windshield rearview mirror, or if there is no front windshield rearview mirror, the placard must be displayed on the dashboard and be able to be read by a person outside of the vehicle. Both sides of the placard must contain the following: the words "State of Delaware Division of Motor Vehicles" and "Remove placard when vehicle is in motion," the internationally recognized wheelchair symbol of access, an identification number, and the expiration date. The expiration date must appear in letters or numerals at least 1 inch tall. Only 1 placard may be issued initially to an applicant; however, upon written request, the Department shall issue 1 additional placard to an applicant who does not also have a special license plate issued pursuant to § 2134 of this title.

(f)(1) A person or organization for whom a parking placard is issued under this section or under a similar statute of any other state or country may park in parking spaces or zones restricted to use only by persons with disabilities and in unmetered parking spaces or zones restricted as to the length of parking time permitted; furthermore, if such a parking space is assigned to a specific person with a disability as that person's residential or business parking space, that person may use the space without any time restriction.

(2) A person who is driving a vehicle with a parking placard issued under this section or under a similar statute of any other state or country may not park:

a. In a space or zone where stopping, standing or parking is prohibited to all vehicles;

b. In a space or zone which is reserved for other special types of vehicles;

c. In a space or zone assigned to another person for the other person's residential or business use;

d. Where a local ordinance prohibits parking during heavy traffic periods in morning, afternoon or evening rush hours; or

e. Where parking clearly would present a traffic hazard.

(3) The person for whom a red or blue parking placard is issued under this section or under a similar statute of any other state or country must be the driver of or a passenger in the vehicle displaying the parking placard whenever the vehicle parks in a parking space or zone restricted for use only by vehicles with a special license plate or parking placard for persons with disabilities.

(g) A placard issued under this section is for the exclusive and personal use of the person or organization for whom it is issued and may not be used by any other person or organization.

(h) A parking placard must be returned to the Department:

(1) When the person or organization for whom it was issued reapplies for a placard;

(2) When the placard expires;

(3) When the person or organization for whom it was issued no longer needs it, is no longer disabled, or no longer regularly in its course of business transports persons with disabilities;

(4) Upon the death of the person for whom it was issued.

(i) Notwithstanding any provisions of this Code to the contrary, the Department may, without the certification of a licensed physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, issue a green parking placard upon application by an organization that regularly in its course of business transports persons with disabilities which limit or impair the ability to walk if the organization presents proof satisfactory to the Department that the organization regularly in its course of business transports persons with disabilities. A green parking placard may be used only when at least 1 person who is entitled to obtain a permanent or temporary parking placard pursuant to subsection (a) of this section is being transported and only when an employee or volunteer staff person of the organization is the driver of the vehicle.

(j)(1) A person or organization who intentionally presents false information to a licensed physician, a physician assistant who is supervised by a licensed physician, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician, or to the Department in an attempt to obtain a parking placard under this section shall be guilty of an unclassified misdemeanor. For the first offense, the person or organization shall receive a mandatory fine of $100. For each subsequent like offense, the person or organization shall receive a mandatory fine of $200 or be imprisoned for not less than 10 nor more than 30 days, or both. Any other violation of this section is a violation. Justices of the peace have jurisdiction over violations of this section.

(2) A summons may be attached to an unattended vehicle found in violation of any of the provisions of this section by any police officer or State Police Academy cadet authorized to issue a summons for a violation of this section. It is prima facie evidence that the person or organization in whose name the unattended vehicle is registered is responsible for the violation.

(k) The Department may adopt rules and regulations that are reasonable or necessary for the implementation of this section.

63 Del. Laws, c. 441, § 2; 64 Del. Laws, c. 88, § 1; 65 Del. Laws, c. 102, §§ 1-3; 65 Del. Laws, c. 503, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 397, § 2; 76 Del. Laws, c. 210, § 2; 77 Del. Laws, c. 60, § 5; 77 Del. Laws, c. 113, § 4.;

§ 2136. Sale and manufacture of registration plates.

(a) No person shall sell or offer for sale any vehicle registration plate which is similar in design, shape, size and colors to any vehicle license plate considered valid for registration purposes.

(b) No person shall manufacture vehicle registration plates which are similar in design, shape, size and colors to any vehicle license plate considered valid for registration purposes, unless authorized in writing by the Director of the Division of Motor Vehicles.

(d) A violation of this section shall be an unclassified misdemeanor. Justice of the Peace Courts shall have jurisdiction over violations of this section.

60 Del. Laws, c. 604, § 1; 63 Del. Laws, c. 441, § 2; 77 Del. Laws, c. 60, § 6.;

§ 2137. Special license plates for former prisoners of war.

(a)(1) The owner of any vehicle described in paragraph (2) of this subsection may apply to the Department for the assignment to that vehicle of a special prisoner-of-war registration number.

(2) This section applies only to:

a. A private passenger vehicle; or

b. A truck with a three-fourth ton or less manufacturer's rated capacity.

(b) Special registration may be issued under this section only if:

(1) The applicant states that the applicant is a former prisoner of war in any war, the Korean conflict, the Viet Nam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle; and

(2) The United States Department of Defense certifies that the applicant was a former prisoner of war in any war, the Korean conflict, the Viet Nam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle.

(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided, however, that an original application under this section shall be subject to a $10 administrative fee.

(d) [Repealed.]

(e) The Department shall reserve sufficient special license plates including the letters POW and numbered consecutively beginning with the numeral 1 as are necessary to implement this section.

64 Del. Laws, c. 206, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 204, § 5.;

§ 2138. Special license plates for disabled veterans.

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for the assignment to that vehicle of a special disabled veteran number.

(b) This section applies only to:

(1) A private passenger vehicle; or

(2) A truck with a three-fourth ton or smaller manufacturer's rated capacity.

(1) The applicant states that the applicant is a disabled veteran of any war, the Korean conflict, the Viet Nam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle; and

(2) The United States Department of Defense certifies that the applicant sustained a disabling injury in any war, the Korean conflict, the Viet Nam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle.

(d) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the original application under this section shall be subject to a $10 administrative fee.

(e) The Department shall reserve sufficient license plates including the letters DAV and numbered consecutively beginning with the numeral 1 as are required for this section.

64 Del. Laws, c. 262, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 204, § 5.;

§ 2139. Special license plates for veterans formerly missing-in-action.

(a)(1) The owner of any vehicle described in paragraph (2) of this subsection may apply to the Department for the assignment to that vehicle of a special missing-in-action registration number.

(2) This section applies only to:

a. A private passenger vehicle; or

b. A truck with a three-fourth ton or less manufacturer's rated capacity.

(b) Special registration may be issued under this section only if:

(1) The applicant states that the applicant is a veteran formerly missing-in-action in any war, the Korean conflict, the Viet Nam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle; and

(2) The United States Department of Defense certifies that the applicant was a veteran formerly missing-in-action in any war, the Korean conflict, the Viet Nam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle.

(d) The Department shall reserve sufficient special license plates including the letters MIA and numbered consecutively beginning with the numeral 1 as are necessary to implement this section.

65 Del. Laws, c. 277, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 204, § 5.;

§ 2139A. Special license plates for members of the Delaware National Guard and Reserves.

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for the assignment to that vehicle of a special Delaware National Guard or Reserves number; provided, however, the owner of the vehicle must possess official documentation which indicates the owner is a bona fide member of the Delaware National Guard or Reserves.

(b) This section shall apply only to:

(1) A private passenger vehicle; or

(2) A truck with no more than a three-fourth ton manufacturer's rated capacity.

(c) Other than the annual registration fee required by this title, no fee shall be required for registration under this section; however, the original application shall be subject to a $10 administrative fee.

(d) The Department shall reserve sufficient special license plates, including appropriate letters and numbered consecutively, beginning with the numeral 1, as are required under this section.

(e) Upon receipt of any official correspondence from the Delaware National Guard or Reserves advising that the individual to whom a special plate has been issued is no longer affiliated with the National Guard or Reserves such special plate shall be forfeited and/or revoked immediately.

68 Del. Laws, c. 2, § 1; 70 Del. Laws, c. 9, § 1; 70 Del. Laws, c. 186, § 1.;

§ 2139B. Special license plates for recipients of the Purple Heart.

(a)(1) The owner of any vehicle described in paragraph (2) of this subsection may apply to the Department for assignment to that vehicle of a special Purple Heart registration number; provided however, that the owner of the vehicle must possess official documentation which indicates that such owner is the recipient of the Purple Heart medal.

(2) This section applies only to:

a. A private passenger vehicle; or

b. A truck with a three-fourth ton or less manufacturer's rated capacity.

(b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that the applicant is a veteran of World War I, World War II, the Korean Conflict, Vietnam Conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle.

(c) No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided however, that an original application under this section shall be subject to a $10 administrative fee.

(d) The Department shall reserve sufficient special license plates including the letters P H and numbered consecutively beginning with the numeral 1 as are necessary to implement this section.

(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department shall write to the representative of that person's estate, requesting that such plate be returned to the Department within 90 days.

69 Del. Laws, c. 22, § 1; 70 Del. Laws, c. 9, § 1.;

§ 2139C. Special license plates for members of Ducks Unlimited.

(a) The owner of any vehicle described in this subsection may apply to the Department for the assignment to that vehicle of a special Ducks Unlimited registration.

This section applies only to:

a. A private passenger vehicle; or

b. A truck with a three-fourth ton or smaller manufacturer's rated capacity.

(b) Special registration may be issued under this section only if:

(1) The applicant states that the applicant is a member of the Delaware Chapter of Ducks Unlimited; and

(2) The Delaware Chapter of Ducks Unlimited certifies that the applicant is an active member of that organization.

(c) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the original application under this section shall be subject to a $10 administrative fee, which shall be deposited