Delaware

GHSA maintains data on state laws surrounding a number of highway safety issues. Below is information regarding laws in the state of Delaware. For more information, consult the State Highway Safety Office.

Delaware
Bike helmets required?

Bicycle helmets required for all riders under 18.

Delaware
Motorcycle Helmet Required?

Helmets required for all riders under 19 and (effective 7/30/2023) all riders for two years after receiving a motorcycle endorsement. Universal helmet law repealed 1978.

Delaware
Length of Regular Renewal Cycle

8 years

Delaware
Provisions for Mature Drivers

None

Delaware
DUID Zero Tolerance or Per se Laws for Some Drugs

Zero tolerance for some drugs

Delaware
Marijuana Possession and Use

Decriminalized and legal for medical use

Delaware
Marijuana Impaired Driving

Zero tolerance for THC and metabolites

Delaware
Urban Interstates: Trucks (MPH)

55

Delaware
Other Limited Access Roads: Cars (MPH)

65

Delaware
Other Limited Access Roads: Trucks (MPH)

65

Delaware
Rural Interstates: Cars (MPH)

65

Delaware
Rural Interstates: Trucks (MPH)

65

Delaware
Urban Interstates: Cars (MPH)

55

Delaware
Increased penalty for high BAC

0.15

Delaware
Administrative license suspension on first offense

3 months

Delaware
Limited driving privileges during suspension

No

Delaware
Ignition Interlocks

Highly incentivized for all convictions

Delaware
Open container laws

No

Delaware
Repeat Offender Laws

Yes

Delaware
Child Restraint Required

Under 2 yrs and under 30 lbs in rear-facing car seat
Under 4 yrs and under 40 lbs in child safety seat
Under 16 in booster seat following manufacturers instructions or seat belt
5'5" or less and under 12 yrs in rear seat

 

Delaware
Adult Safety Belt Permissible

4-16 yrs if exceeded height and weight limit of booster seat

Delaware
Learner Stage: Minimum Duration (Months)

6

Delaware
Learner Stage: Supervised Driving Hours (Night Hours in Parenthesis)

50 (10)

Delaware
Intermediate Stage: Minimum Age (Years/Months)

16 / 6

Delaware
Intermediate Stage: Nighttime Driving Restriction

10 p.m. - 6 a.m.

Delaware
Intermediate Stage: Passenger Restrictions (Except Family, Unless Noted)

No more than 1 (law also includes a seat belt provision: if a teen driver w/ permit or their passenger <18 is found unbelted, the permit holder's license suspended for 2 months)

Delaware
Full Privilege Minimum Age

17 years

Delaware
Learner Stage: Minimum Age (Years/Months)

16

Delaware
Type of Law

Primary (civil penalty)

Delaware
Who is Covered?

16 and over

Delaware
In What Seat?

All

Delaware
Hand-Held Ban?

Yes. Primary law.

Delaware
All Cell Phone Ban? School Bus Drivers

Yes. Primary law.

Delaware
All Cell Phone Ban? Novice Drivers

Drivers with learner or intermediate licence. Primary law.

Delaware
Text Messaging Ban?

All drivers. Primary law.

Delaware
Speed Cameras: State Law

None

Delaware
Speed Cameras: Where Permitted

n/a

Delaware
Red Light Cameras: State Law

Permitted by state law

Delaware
Red Light Cameras: Where Permitted

Statewide

Delaware State Police Announce Formation of Highway Safety Unit

The Delaware State Police (DSP) is proud to announce the creation of the new Highway Safety Unit (HSU), which aims to promote safety on Delaware’s roadways through proactive enforcement measures and public education initiatives. The HSU is the result of a collaborative effort between the Delaware Department of Safety and Homeland Security (DSHS), the Delaware State Police, and the Delaware Department of Transportation (DelDOT).

Delaware.gov

May 16, 2024

Delaware Has Seen a 16% Decrease in Traffic Deaths

In 2022, Delaware matched a sobering milestone for traffic fatalities at 164, just shy of the 1988 record of 165 roadway deaths. Since that peak, Delaware has seen a 16% decrease, with 137 fatalities in 2023 compared to 164 in 2022. Delaware Office of Highway Safety’s Meghan Niddrie notes that even since the beginning of this year, those numbers continue to decline compared to 2023.

Delaware Has Seen a 16% Decrease in Traffic Deaths

Story by Johnny Perez-Gonzalez 
March 31, 2024

States Receive Funds to Tackle Teen Driver Safety

FOR IMMEDIATE RELEASE
July 17, 2018

CONTACT: Madison Forker, mforker@ghsa.org
202-789-0942 x120

Delaware, Louisiana, Montana, Nebraska, and Tennessee Awarded More than $70,000

WASHINGTON, D.C. – The Governors Highway Safety Association (GHSA) and Ford Driving Skills for Life (Ford DSFL) have awarded State Highway Safety Offices in five states funding to support teen safe driving programs.

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