7 Del. Admin. Code § 9201-10.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 9201-10.0 - Vehicles- Environmental D Violations10.1 Vehicles operated on lands administered by the Division shall be in compliance with all State statutes, laws, rules and regulations. 10.1.1 No person shall operate any motorized vehicle upon any lands administered by the Division, unless said vehicle is licensed for use upon public highways and roadways.10.1.2 Vehicles operated on lands administered by the Division must be properly equipped with brakes, headlights, tail lights, tag light, turn signal, and horn all in good working order.10.1.3 Towed trailers must have an adequate towing hook-up, complete with safety chains. They must also be equipped with operating tail lights, turn signals, tag light, and be currently registered to be towed on public roads.10.2 No person shall operate a motorized vehicle, motorcycle, motor bike or other two or three-wheeled motor driven vehicle upon any lands administered by the Division, unless said person has been issued and is the holder of a valid license or permit to operate said vehicle on public highways and roadways. 10.2.1 The license or permit shall be in the immediate possession of the licensee at all times when driving a motorized vehicle, motorcycle, motor bike or other two or three-wheeled motor driven vehicle and he/she shall display same upon demand of Department Enforcement personnel.10.3 No person shall authorize or permit a motorized vehicle of any type owned by him or under his control to be driven by any person on lands administered by the Division, knowing that said person has no legal right to do so, or shall authorize or permit said vehicle to be driven in violation of any of the provisions of the said Division's Rules and Regulations.10.4 The driver of a motorized vehicle when on lands administered by the Division shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle, the traffic and the condition of the roadway or area.10.5 Every driver shall yield preferential right-of-way at an intersection or other place indicated by stop signs or yield signs authorized and installed by the Division. 10.5.1 Except when directed to proceed by an enforcement officer or traffic control device, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall come to a complete stop before entering the intersection.10.5.2 The operator of any vehicle who has come to a full stop, as provided in 11.1.1 of this Regulation, shall not enter upon or across such intersection until such movement can be made in safety.10.6 Specific motorized vehicle speed limits on lands administered by the Division: 10.6.1 Every driver shall observe all posted speed limits. When no special hazard exists the following speed shall be lawful, but any speed in excess of such limits shall be absolute evidence that the speed is not reasonable or prudent and that it is a violation of this Section: 10.6.1.1 25 m.p.h. -- on roads administered by the Division unless otherwise posted or stated in Regulations.10.6.1.2 10 m.p.h. -- in parking, camping and congested areas unless otherwise posted.10.7 No person shall operate a motorized vehicle on lands administered by the Division in a willful or wanton disregard for the safety of person or property. 10.7.1 No person shall operate a motorized vehicle on lands administered by the Division in a careless, inattentive or imprudent manner without due regard for road, weather and traffic conditions.10.7.2 The intentional accelerating of a motorized vehicle causing spinning of tires or what is commonly known as "burning rubber" on any park facility or roadway within an area administered by the Division is prohibited and shall be a violation of this Section.10.8 An operator and/or passenger of a motorcycle under the age of 18 must wear a safety helmet of a type approved by the Secretary of Public Safety.10.9 An operator of a motorized vehicle shall not permit any person riding upon any bicycle, coaster, roller skates, sled or toy vehicle to attach same or himself to any motorized vehicle being operated on lands administered by the Division.10.10 No person, while on lands administered by the Division, shall ride upon any vehicle without the consent of the driver, and when any person is riding on any vehicle with the driver's consent, no part of the person's body may protrude beyond the limits of the vehicle.10.11 No person shall drive or operate a motorized vehicle on lands administered by the Division, unless such motorized vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.10.12 No vehicle shall be driven, moved or parked on any lands administered by the Division unless so loaded or constructed as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.10.13 It shall be unlawful for any person to operate any motorized vehicle or any other type of vehicle within any area administered by the Division except on such roads or areas specifically designated by the Division for such purpose.10.14 No driver shall at any time drive to the left of a solid center line on a roadway when operating a vehicle on lands administered by the Division.10.15 Where traffic control devices establish one-way traffic, it shall be unlawful to drive in the opposite direction unless directed by a Law Enforcement Officer.10.16 No person shall drive a motorized vehicle on any lands administered by the Division while using an electronic communication device while such motorized vehicle is in motion. 10.16.1 "Electronic communication device" shall mean a cell telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or portable computing device.10.16.2 Using" shall mean holding in a person's hand or hands an electronic communication device while: viewing or transmitting images or data; playing games; composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages or other electronic data; or engaging in a call. "Using" specifically does not include a person engaging in a call with a hands-free electronic communication device while utilizing hands-free equipment and such person does not hold the hands-free electronic communication device in such person's hand or hands;10.16.3 This section shall not apply to a law-enforcement officer, a firefighter, an emergency medical technician, a paramedic or the operator of an authorized emergency vehicle in the performance of their official duties;10.16.4 This section shall not apply to a person using an electronic communication device to report to appropriate authorities a fire, a traffic accident, a serious road hazard, or medical or hazardous materials emergency, or to report the operator of another motorized vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs, or to report any crime.10.17 The driver of a motorized vehicle operated on any lands administered by the Division shall wear a properly adjusted and fastened seat belt which meets the applicable federal motorized vehicle safety standards. The driver of a motorized vehicle shall secure or cause to be secured in a properly adjusted and fastened seat belt system, as defined by the applicable federal motorized vehicle safety standards, each occupant of the passenger compartment of the motorized vehicle who is 16 years of age or older. 10.17.1 As used in this section, "motorized vehicle" does not include motorcycles.10.17.2 This section shall not apply to any person who possesses a written verification from a licensed physician or a licensed physical therapist that such person is unable to wear or use a seat belt for physical or medical reasons or any motorized vehicle which is not required to be equipped with seat belt under federal law or has otherwise been exempted from compliance in conformity with federal law.10.18 The driver of a motorized vehicle shall secure or cause to be secured any child through the age of 7 and up to and including the weight of 65 pounds in a motorized vehicle operated on any lands administered by the Division, for providing protection of the child by properly securing the child in all seating positions, according to manufacturer's instruction, in a child safety seat or booster seat meeting federal motorized vehicle safety standards, and that is appropriate for the child's weight and height. Every child who has either attained the age of 8 or a weight in excess of 65 pounds and has not yet attained the age of 16 shall, in all seating positions, wear a properly secured seatbelt while in a motorized vehicle operated any lands administered by the Division.7 Del. Admin. Code § 9201-10.0
19 DE Reg. 854 (4/1/2016) (Final)