Sections
Subchapter I Obedience to and Effect of Traffic Laws 4101 – 4105
Subchapter II Traffic Signs, Signals and Markings 4106 – 4112A
Subchapter III Driving on Right Side of Roadway; Overtaking and Passing, etc. 4114 – 4125
Subchapter III-A Controlled-Access Highways 4126 – 4129
Subchapter IV Right-of-Way 4130 – 4136
Subchapter V Pedestrians’ Rights and Duties 4140 – 4151
Subchapter VI Turning and Starting and Signals on Stopping and Turning 4152 – 4157
Subchapter VII Special Stops Required 4161 – 4167
Subchapter VIII Speed Restrictions 4168 – 4174
Subchapter IX Reckless Driving; Driving While Intoxicated 4175 – 4177M
Subchapter X Stopping, Standing and Parking 4178 – 4181A
Subchapter XI Miscellaneous Rules 4182 – 4191B
Subchapter XII Operation of Bicycles and Other Human-Powered Vehicles; Operation of Electric Personal Assistive Mobility Devices 4192 – 4198O
Subchapter XIII Safety Zones; Passengers in Vehicles 4199 – 4199C

Terms Used In Delaware Code > Title 21 > Chapter 41

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: shall mean an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate as of a specific date. See Delaware Code Title 24 Sec. 4002
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • AQB: shall mean the Appraisal Qualifications Board appointed by the Appraisal Foundation to establish the minimum education, examination, and experience requirements for real estate appraisers providing appraisals in federally-related transactions. See Delaware Code Title 24 Sec. 4002
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Audiologist: shall mean a person who is licensed to practice audiology pursuant to this act and who offers such services to the public under any title or description of services incorporating the words "audiologist" "hearing clinician" "hearing therapist" "aural rehabilitator" or any other similar title or description of service. See Delaware Code Title 24 Sec. 3702
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Board: shall mean the State Board of Funeral Services established in this chapter. See Delaware Code Title 24 Sec. 3101
  • Board: shall mean the State Board of Veterinary Medicine established in this chapter. See Delaware Code Title 24 Sec. 3302
  • Board: shall mean the State Board of Examiners of Psychologists established in this chapter. See Delaware Code Title 24 Sec. 3502
  • Board: shall mean the State Board of Geologists established in this chapter. See Delaware Code Title 24 Sec. 3602
  • Board: shall mean the State Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers established in this chapter. See Delaware Code Title 24 Sec. 3702
  • Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
  • Certified general real property appraiser: shall mean a person, who has met the certification requirements of this chapter pertaining to the appraisal of residential and nonresidential real property utilized in connection with federally-related transactions, and who holds a current, valid certificate issued under this chapter. See Delaware Code Title 24 Sec. 4002
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2701
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conversion therapy: means any practice or treatment that seeks to change an individual's sexual orientation or gender identity, as "sexual orientation" and "gender identity" are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. See Delaware Code Title 24 Sec. 3502
  • Council: shall mean the State Council on Real Estate Appraisers established in this chapter. See Delaware Code Title 24 Sec. 4002
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • dealership: means any person, corporation, partnership or limited partnership who has sold 5 or more motor vehicles within the 12 months preceding the date of a violation of this chapter. See Delaware Code Title 21 Sec. 4176C
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: shall mean the Department of Transportation, Division of Motor Vehicles. See Delaware Code Title 21 Sec. 4163
  • Director: shall mean the Director of the Division of Motor Vehicles or the Director's authorized or delegated representative. See Delaware Code Title 21 Sec. 4163
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 4002
  • Division: shall mean the Division of Motor Vehicles. See Delaware Code Title 21 Sec. 4163
  • Division: shall mean the state Division of Professional Regulation. See Delaware Code Title 24 Sec. 3302
  • Division: shall mean the state Division of Professional Regulation. See Delaware Code Title 24 Sec. 3702
  • Docket: A log containing brief entries of court proceedings.
  • dollars: means lawful money of the United States. See Delaware Code Title 6 Sec. 4307
  • Electronic mail: means communication delivered by electronic means as set forth in § 107(a)(1)a. See Delaware Code Title 24 Sec. 3305
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Excessive use or abuse of drugs: shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the person's ability to perform the work of a psychologist. See Delaware Code Title 24 Sec. 3502
  • Excessive use or abuse of drugs: shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a person's ability to perform the work of a geologist. See Delaware Code Title 24 Sec. 3602
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Funeral director: shall mean a person engaged in the care of human remains or in the disinfecting and preparing by embalming of human remains for the funeral service, transportation, burial, entombment or cremation, and who shall file all death certificates or permits as required by Chapter 31 of Title 16. See Delaware Code Title 24 Sec. 3101
  • Funeral services: shall mean those services rendered for the disinfecting, embalming, burial, entombment or cremation of human remains, including the sale of those goods and services usual to arranging and directing funeral services. See Delaware Code Title 24 Sec. 3101
  • Geologist: shall mean a person who is qualified to practice professional geology including specialists in its various subdisciplines. See Delaware Code Title 24 Sec. 3602
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearing aid: shall mean any personal, wearable instrument or device designed for, offered for the purpose of, or represented as, aiding persons with, or compensating for, impaired hearing. See Delaware Code Title 24 Sec. 3702
  • Hearing aid dispenser: shall mean a person licensed to dispense hearing aids pursuant to this Act and who is engaged in the evaluation or measurement of the power or range of human hearing by means of an audiometer or any other means devised for the purpose of selecting, adapting and distributing or selling of hearing aids. See Delaware Code Title 24 Sec. 3702
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intern: shall mean a person, duly registered with the Board, engaged in training to become a licensed funeral director in this State under the direction and personal supervision of a state-licensed funeral director. See Delaware Code Title 24 Sec. 3101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Last-known address: means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. See Delaware Code Title 24 Sec. 3305
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lessee: means any person, or the agent for any person, who has leased for a term of at least 4 months. See Delaware Code Title 21 Sec. 4176C
  • Lessor: means any person, or the agent for any person, who has leased 5 or more motor vehicles in the past 12 months. See Delaware Code Title 21 Sec. 4176C
  • Licensed casher of checks: means any individual, partnership, unincorporated association or corporation duly licensed by the State Bank Commissioner to engage in business pursuant to this chapter. See Delaware Code Title 5 Sec. 2701
  • Licensed real property appraiser: shall mean a person, who has met the licensing requirements of this chapter and who may appraise noncomplex 1 to 4 residential units having a transaction value less than $1,000,000 and complex 1 to 4 residential units having a transaction value of $250,000 or less, and who holds a current, valid license issued under this chapter. See Delaware Code Title 24 Sec. 4002
  • Licensee: means a licensed casher of checks, drafts or money orders. See Delaware Code Title 5 Sec. 2701
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited station: means that the licensee is authorized to carry on the licensee's business of cashing checks for the employees of a single and particular business or office, and at a single location at or near such particular business or office site. See Delaware Code Title 5 Sec. 2701
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mileage: means actual distance that a vehicle has traveled. See Delaware Code Title 21 Sec. 4176C
  • minor child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mobile unit: means any vehicle or other movable means from which the business of cashing checks, drafts or money orders is to be conducted. See Delaware Code Title 5 Sec. 2701
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • motor vehicle: as used in this chapter , is defined in § 101(37) of this title, with the exception of motorcycles. See Delaware Code Title 21 Sec. 4153
  • motor vehicle dealer: includes :

    a. See Delaware Code Title 21 Sec. 4163

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupant: means a person, that person's sublessee, successor or assign, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. See Delaware Code Title 24 Sec. 3305
  • Odometer: means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips. See Delaware Code Title 21 Sec. 4176C
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the owner, operator, lessor or sublessor of a self-service storage facility, his agent or any other person authorized by him or her to manage the facility or to receive rent from an occupant under a rental agreement. See Delaware Code Title 24 Sec. 3305
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, and any other legal entity and includes a legal successor of those entities. See Delaware Code Title 24 Sec. 4002
  • Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3101
  • Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3502
  • Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3602
  • Person: shall mean a corporation, company, association or partnership, as well as an individual. See Delaware Code Title 24 Sec. 3702
  • Personal property: means movable property not affixed to land and includes, but is not limited to, goods, merchandise and household items. See Delaware Code Title 24 Sec. 3305
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practice of geology: shall mean any service or creative work, the adequate performance of which requires geologic education, training and experience in the application of the principles, theories, laws and body of knowledge encompassed in the science of geology. See Delaware Code Title 24 Sec. 3602
  • Practice of psychology: shall mean the observation, description, evaluation, interpretation and/or modification of human behavior by the application of psychological principles, methods, and/or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive or undesired behavior, and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health and mental health. See Delaware Code Title 24 Sec. 3502
  • Practice of veterinary medicine: shall mean :

    a. See Delaware Code Title 24 Sec. 3302

  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Psychological assistant: shall mean a person who is registered with the Board to perform certain functions within the practice of psychology, only under the direct supervision of a supervising psychologist, and who is authorized by the Board to use the title "psychological assistant. See Delaware Code Title 24 Sec. 3502
  • Psychologist: shall mean a person who makes representations to the public by any title or description of services incorporating the words "psychology" "psychological" "psychologist" or who engages in the practice of psychology. See Delaware Code Title 24 Sec. 3502
  • public highway: shall include any portion of the highway located within the right-of-way lines or, in the case of limited access highway, the denial of access lines, including shoulders and median strip. See Delaware Code Title 21 Sec. 4103
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Real estate appraiser: means any person who advises, consults, or prepares analyses with respect to real estate values, uses, sales, developments or disposition, including acquisitions by eminent domain, or renders opinions relevant to the marketability of real estate, as a whole or partial vocation. See Delaware Code Title 24 Sec. 4002
  • Real property: shall mean 1 or more defined interests, benefits, and rights inherent in the ownership of real estate. See Delaware Code Title 24 Sec. 4002
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rental agreement: means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-service storage facility. See Delaware Code Title 24 Sec. 3305
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Self-service storage facility: means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. See Delaware Code Title 24 Sec. 3305
  • Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 4002
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 6 Sec. 4307
  • State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 3302
  • State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 3702
  • Statute: A law passed by a legislature.
  • Substantially related: shall mean the nature of the criminal conduct for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of real estate appraisal. See Delaware Code Title 24 Sec. 4002
  • Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of veterinary medicine. See Delaware Code Title 24 Sec. 3302
  • Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of psychology. See Delaware Code Title 24 Sec. 3502
  • Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of geology. See Delaware Code Title 24 Sec. 3602
  • Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of speech/language pathology, audiology and/or the dispensing of hearing aids. See Delaware Code Title 24 Sec. 3702
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervising psychologist: shall mean a psychologist licensed in this State who has practiced as a licensed psychologist for 2 years in this or any other jurisdiction and who applies to the Board for the registration of a psychological assistant. See Delaware Code Title 24 Sec. 3502
  • Supervision: shall mean the face-to-face consultation between the registered psychological assistant and the supervising psychologist as required by the nature of the work of the psychological assistant. See Delaware Code Title 24 Sec. 3502
  • Trainee: shall mean a person who has completed classroom hours of education on real estate matters satisfactory to the Council, as indicated in the rules and regulations, including classroom hours on the topic of Uniform Standards of Professional Appraisal Practice. See Delaware Code Title 24 Sec. 4002
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means to change ownership of a motor vehicle by purchase, gift or any other means. See Delaware Code Title 21 Sec. 4176C
  • Transferee: means any person to whom ownership in a motor vehicle is transferred by purchase, gift or other means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee. See Delaware Code Title 21 Sec. 4176C
  • Transferor: means any person who transfers ownership of a motor vehicle by sales, gift or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferor. See Delaware Code Title 21 Sec. 4176C
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Under age: means an age of less than 18 years. See Delaware Code Title 6 Sec. 4307
  • Vehicle: means motor vehicles, trailers, recreational vehicles, recreational trailers, mobile homes, and any other device, in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by animal power, human power, off-highway vehicles, special mobile equipment and farm equipment. See Delaware Code Title 21 Sec. 4163
  • Verified mail: means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing. See Delaware Code Title 24 Sec. 3305
  • Veterinarian: shall mean a person who has received a degree in veterinary medicine from a school of veterinary medicine. See Delaware Code Title 24 Sec. 3302
  • Veterinary medicine: shall include veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine. See Delaware Code Title 24 Sec. 3302
  • Veterinary technician: shall mean a person who has received a degree from a veterinary technician program or its equivalent. See Delaware Code Title 24 Sec. 3302
  • Wholesale dealer: means a dealer who may sell vehicles only to another dealer or licensed auto auction. See Delaware Code Title 21 Sec. 4163
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.