Delaware
Below is a list of the key highway safety laws in Delaware. For more information, contact the Delaware Office of Highway Safety.
| Aggressive Driver Actions 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.
| Handheld Ban | All Cell Phone Ban | Text Messaging Ban | Crash Data |
||||||
| School Bus Drivers | Novice Drivers | All Drivers | School Bus Drivers | Novice Drivers | |||||
| Yes (Primary) |
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 high BAC (>.15) and repeat convictions | 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 |
| 5 | |
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.
Disclaimer: The information on this page is for general information purposes only and is not to be considered legal authority. For clarification on any law, consult the appropriate State Highway Safety Office.