Del. Code tit. 21 § 4105

Current through 2024 Legislative Session Act Chapter 531
Section 4105 - Persons and vehicles working on highways and utilities; exceptions
(a) Unless specifically made applicable, the provisions of this title, except those contained in subchapter IX of this chapter, shall not apply to persons, motor vehicles and other equipment while actually engaged in work upon a highway or in work upon utility facilities along a highway, so long as proper traffic-control devices are posted, but shall apply to such persons and vehicles when traveling to or from such work.
(b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by traffic-control devices.
(c) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of the Secretary of Public Safety.
(d) Traffic-control devices shall be used as required in the standards adopted under § 147 of Title 17. Failure to comply with this section shall be cause for immediate cessation of operations in the affected area and the immediate reopening of the highway in a safe manner.
(e) Failure to comply with the lawful order to effect immediate cessation of operations and the reopening of the highway shall subject the violator to a fine of not less than $115 nor more than $575.
(f)
(1) The driver of a vehicle who violates any of the following sections of this title shall be fined not less than double the enumerated amount for a 1st offense when the violation occurs within any highway construction or maintenance area indicated by traffic-control devices:
a. § 4102 relating to obedience to traffic laws;
b. § 4103 relating to obedience to authorized persons directing traffic;
c. § 4107 relating to obedience to traffic-control devices;
d. § 4110 relating to flashing signals;
e. § 4114 relating to driving on the right side of roadway;
f. § 4115 relating to passing vehicles proceeding in opposite directions;
g. § 4116 relating to overtaking a vehicle on left;
h. § 4117 relating to when overtaking on the right is permitted;
i. § 4118 relating to limitations on overtaking on the left;
j. § 4119 relating to further limitations on driving to the left of center of roadway;
k. § 4120 relating to no-passing zones;
l. § 4122 relating to driving on roadways laned for traffic;
m. § 4123 relating to following too closely;
n. § 4164 relating to stop signs and yield signs;
o. § 4168 relating to general speed restrictions;
p. § 4169 relating to specific speed limits;
q. § 4175 relating to reckless driving;
r. § 4176 relating to careless or inattentive driving;
s. § 4177 relating to operation of vehicle while under the influence of alcohol and/or drugs;
t. § 4178 relating to stopping, standing or parking; and
u. § 4184 relating to limitations on backing.
(2) As used in this subsection, the phrase "within any highway construction or maintenance area indicated by traffic-control devices" shall mean that area between the first traffic-control device informing road users of their approach toward a work zone area until the last traffic-control device indicating all restrictions are removed and normal vehicle operations can resume. The phrase shall also include detour routes for highway construction or maintenance marked by traffic-control devices. "Traffic-control devices" and "work zone" shall have the same meaning as adopted pursuant to § 147 of Title 17, as amended. "Highway construction and maintenance area" shall also include construction and maintenance for utilities or railroads within or adjacent to the highway rights-of-way.
(3) Whenever practical, signs designed in compliance with regulations of the Department shall be appropriately placed to notify motorists that increased penalties apply for moving violations in construction or maintenance areas. However, the failure to post or an improper posting of such signs shall not be a defense to a violation of this section.

21 Del. C. § 4105

21 Del. C. 1953, § 4105; 54 Del. Laws, c. 160, § 1; 60 Del. Laws, c. 700, § 3; 67 Del. Laws, c. 342, §1; 68 Del. Laws, c. 9, §22.;