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DE HB94
Bill
Status
6/30/2023
Primary Sponsor
Edward Osienski
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AI Summary
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Establishes an electronic speed monitoring system program allowing the State, New Castle County, and municipalities to enforce speed limits in residential districts and work zones using cameras that detect vehicles exceeding posted speeds by 11 mph or more.
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Requires Department of Transportation approval based on speed studies showing the 85th percentile speed is 5+ mph over the limit, mandatory signage, 14-day public notice on websites, and annual calibration checks by independent laboratories.
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Imposes civil penalties (not criminal) on vehicle owners with no points assessed to driver's licenses; violations cannot be used for insurance purposes and are handled through Justice of the Peace Court with limited appeal rights only if penalty exceeds $100.
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Allows vehicle owners to rebut presumption of liability by providing affidavits or evidence identifying another person in care, custody, or control of the vehicle at time of violation; commercially licensed vehicles require owners to identify the driver within 10 days.
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Directs revenue above operational costs to the Office of Highway Safety for transportation safety purposes including education, enforcement, engineering, and administration; Act sunsets in 5 years unless extended.
Legislative Description
An Act To Amend Title 21 Of The Delaware Code Relating To Use Of Electronic Speed Enforcement Devices.
Last Action
Signed by Governor
6/30/2023