DELAWARE Definitions

DELAWARE
Definitions
Reconstructed vehicle. Any vehicle which has been assembled or constructed largely by means of
essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models
and types, or which, if originally otherwise constructed, has been materially altered by the removal of
essential parts or by the addition or substitution of essential parts, new or used, derived from other
vehicles or makes of vehicles.
Specially constructed vehicle. Any vehicle which has not been originally constructed under a distinctive
name, make, model or type by a generally recognized manufacturer of vehicles.
Antique motor vehicle. Includes every automobile, truck, motorcycle or other motor vehicle, but not a
reproduction thereof, manufactured more than 25 years prior to the current year, which has been
maintained in or restored to a condition which is substantially in conformity with manufacturer's
specifications.
Street rod. A vehicle, the body and frame of which were manufactured prior to the year 1949 and which
has been modified for safe road use, or a kit car which resembles that of an original pre-1949 vehicle and
has also been modified for safe road use. For the purposes of this section "modified" means, but is not
limited to, a substantial and material alteration, or replacement of the engine, drive-train, suspension or
brake system or alteration of the body which may be chopped, channeled, sectioned, filled or otherwise
changed dimensionally from the original manufactured body.
Titling & Registration
From Delaware Division of Motor Vehicles:
Vehicle Services
Procedures for Delaware Residents for Antique Vehicles
Antique Vehicle, Law and Division Procedures
Title 21, Section 2196
(a)
Upon application, the Department may furnish to the owner of a registered antique motor vehicle a
special antique motor vehicle plate to be displayed on such antique motor vehicle. This special plate shall
be issued in addition to the plate already issued for such vehicle under this chapter.
(b)
The term "antique motor vehicle" includes every automobile, truck, motorcycle or other motor
vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which
has been maintained in or restored to a condition, which is substantially in conformity with manufacturer's
specifications. A vehicle, which has undergone substantial alterations from its original specifications and
appearance, or has had its horsepower or dimensions changed, shall not be eligible for an antique license
plate pursuant to this section.
(c)
Any antique motor vehicle, registered pursuant to this section, shall be used only for
participation in club activities, exhibits, tours, parades and similar uses, but in no event shall it
be used for general transportation.
(d)
Such special antique motor vehicle license plate shall be issued for a fee of $25 and shall be valid
without further payment of a renewal fee as long as the vehicle is in existence and is owned by the same
person. This fee shall be in addition to the vehicle document fee, title fee or other fees required by this
title.
(e)
In the event of a transfer of ownership of an antique motor vehicle registered with a special plate
pursuant to this section, the transferor shall surrender the special plate to the Department.
Title 21, Section 2199. Inspection.
(a)
A motor vehicle registered as an antique motor vehicle shall be exempt from annual inspection. A
motor vehicle must pass an initial inspection prior to the motor vehicle being registered as an antique
motor vehicle. Motor vehicles registered, as antique motor vehicles shall be provided Exempt validating
stickers in lieu of the usual expiration date stickers, upon passing the initial inspection.
DMV Procedure
• Certificate of Title must be presented upon application for Antique status to be issued
• Vehicle must be 25 model years or older. There are no weight restrictions
• Vehicle must pass DMV inspection within 90 days of the initial application for Antique status
regardless of time remaining on current registration. The vehicle owner must notify the inspection
lane technician that they wish to antique the vehicle.
• Delaware titled vehicles with Antique status are exempt from further inspection
• In the event the vehicle is transferred, the Antique Status expires and the new owner must reapply
by paying the appropriate fees.
• Applicant will pay $25 for Antique Status
• Applicant will pay a $25 or $35 (with lien) title fee
• No registration fee will be assessed.
• A number license plate will be assigned to the vehicle in accordance with weight restrictions outline
in Title 21 (RV, C, PC, CL, MC or Pleasure). This plate will be displayed on the rear of the vehicle
• Trailers are not eligible for Antique status
• The vehicle registration expiration period will be that given at the time of titling, Example: Vehicle
titled on 6/4/2002 the registration will expire 5/31/2004
• The vehicle owner will receive an Exempt Sticker for whatever year their registration expires, with
above example the owner will be given Exempt 2004
• The registration period will not exceed two years from the date of titling
• The applicant will be given one Antique License Plate to be displayed on the front of the vehicle
• Duplicate Antique License Plates are $5.00
•
•
Registration Renewal Notifications will be sent out to Antique Vehicle owners notifying them to
renew their registration. The Registration Renewal Notification can also be sent to the Antique
Vehicle owner via e-mail. To elect to receive the renewal notice via e-mail . The registration will be
renewed for whatever expiration period we are issuing at the time of request. The renewal will not
exceed two years. An exempt sticker will be given to the vehicle owner in lieu of the regular sticker
with the year matching the year of expiration
There is no late fee for late renewals
From Delaware Administrative Code:
Title 2 Transportation
Vehicle Services
2250 Assessment of Fees for Off-Premise Inspection of Serial Numbers of Vehicles
(Formerly Reg. No. 5)
WHEREAS the number of off-premise inspection of vehicle serial numbers has increased
tremendously over the last few years; and
WHEREAS the costs to the State of Delaware to provide such inspections have likewise risen
tremendously over the last few years; and
WHEREAS this service has been provided at the request of the vehicle owners; The applicant
should pay the costs of this service.
1.0 Exemptions
Effective immediately, the following fee is to be assessed for all off-site vehicle serial number
inspections except mobile homes, house trailers and other trailers with living quarters.
2.0 Inspection Fees
$15.00 for the first vehicle inspected and $5.00 for each additional inspection.
This inspection fee is to be collected when the vehicle is titled.
Title 2 Transportation
Vehicle Services
2251 Assessment of a Fee When Assigning a Special Serial Number on a Motor Vehicle
(Formerly Reg. No. 8)
1.0 Serial Number Fee Required
Effective immediately, when an assigned serial number is issued to a vehicle, a fee of $2.00 is
to be charged.
1.1 This fee is required under Section 2310, Title 21 of the Delaware Code.
1.2 Fee is to be collected at time the title fees are collected.
1.3 Title Clerks can tell if an assigned number has been issued by checking the serial number
on all yellow title applications issued by the State Police Auto Theft Unit.
Title 2 Transportation
Vehicle Services
2262 Special Assigned Vehicle Identification Number (VIN) Plates (Formerly Reg. No.
37)
1.0 Special Plates
Pursuant to 21 Del.C. §302 and 21 Del.C. 92310, this Policy Regulation is adopted for
implementation, effective January 1, 1979.
1.1 The Delaware State Police Auto Theft Unit, acting as an agent of the Director of the
Division of Motor Vehicles, will issue the Special Plates for all motor vehicles and semi
trailers.
1.2 The Special Assigned VIN Plate will be made of aluminum and will measure 3 5/8" x 1
3/4". The plate will have a blue background and a silver portion where the information is to
be embossed.
1.3 The information on the Special VIN Plate will include the Delaware title number, the date
of issue, the code number, the year, the make, the model, the type of vehicle, the plate
number, and the originally assigned manufacturer's vehicle identification number. If the
original manufacturer's number cannot be determined, then a special assigned number will
be issued.
1.4 The Delaware State Police Auto Theft Unit will issue assigned special numbers to vehicles
where no serial number has been assigned by the manufacturer. This serial number will
consist of a combination of letters and digits, such as (ASNOOOOIDEL) A log of the
Assigned Special Number Plates issued will be controlled and maintained by the DSP Auto
Theft Unit.
1.5 Instructions and locations relative to the placement of this Special Number Plate will be as
follows:
1.5.1 On all motor vehicles, where feasible, the plate will be attached to the driver's side
door post where it can be read clearly by any police officer or inspector of the
Division of Motor Vehicles.
1.5.2 On semi trailers, motorcycles, mopeds, motor scooters, and other vehicles, the
special number or plate will be either die stamped or attached to the left front or
side of the vehicle on a permanent component part.
2.0 Reference "A"
2.1 The new Delaware Special Number Plate will be blue and silver. The information printed
on the Special Number Plate will be embossed as indicated.
2.2 Explanation of each block is as follows:
2.2.1 TITLE This will be the title, tag and registration number assigned by the
Department of Motor Vehicles at the time the VIN number is assigned. (Note: Title,
tag and registration number may change in the future, due to retention of tag, etc.)
2.2.2 DATE ISSUED This will be three letters followed by four digits. The three letters
will designate the month, and the four digits will indicate the day of month and the
year.
2.2.3 CODE This will be a two (2) digit number which designates the type of vehicle for
which the Special Number Plate was issued (see Ref. "B").
2.2.4 YEAR This will be a four (4) digit number pertaining to the year of the vehicle for
which the plate is issued.
2.2.5 MAKE This will be a four (4) letter characterization and will consist of the first four
(4) letters of the make of vehicle.
2.2.6 MODEL This will be the first four (4) letters of the model of the vehicle.
2.2.7 TYPE This block will be as follows: Coupe, sedan or convertible, etc. (abbreviated).
2.2.8 PLATE NUMBER This block will be a five (5) digit number in numerical sequence
as the Special Number Plates are issued: A log will be kept and maintained, in
sequence, by the Delaware State Police Auto Theft Unit on plates issued.
2.2.9 MANUFACTURER'S This number will be the original manufacturer's serial number
2.2.10 SERIAL NUMBER assigned to the vehicle by the manufacturer, except on some
occasions such as on reconstructed or homemade vehicles. These assigned special
numbers will be assigned and maintained by the Division of Motor Vehicles or the
Delaware State Police Auto Theft Unit acting as an agent for the Division.
From Delaware Code:
TITLE 21. MOTOR VEHICLES
PART II. REGISTRATION, TITLE AND LICENSES
CHAPTER 21. REGISTRATION OF VEHICLES
SUBCHAPTER I. GENERAL PROVISIONS
21 Del. C. § 2104 (2010)
§ 2104. Application for registration
(a) Every owner of a vehicle desiring registration shall make application to the Department for the
registration thereof upon the appropriate form or forms furnished by the Department. Every such
application shall bear the signature of the owner written with pen and ink, and the signature shall be
acknowledged by the owner before a person authorized to administer oaths.
(b) The application shall contain:
(1) The name and address of the owner: When the owner is an individual, the address shall be the bona
fide residence of the individual; when the owner is a partnership, association, trust or corporation, the
address shall be that of the principal office thereof wherever located together with the address of the
principal office within this State, if any;
(2) A description of the vehicle including, insofar as the following specified data may exist with respect
to a given vehicle, the make, model, color, type of body, the serial number of the vehicle, or any number
as may be assigned by the department, and whether new or used and, if a new vehicle, the date of sale
by the manufacturer or dealer to the person intending to operate said vehicle;
(3) Such further information as may reasonably be required by the Department to enable it to
determine whether the vehicle is lawfully entitled to registration;
(4) The Department shall allow the registration of trailers for individuals who are not bona fide residents
of Delaware if the individual provides documented proof of ownership of a residence in Delaware and signs
a declaration indicating the trailer will remain in Delaware at all times.
(c) In the event that the vehicle for which registration is applied is a specially
constructed, reconstructed or a foreign vehicle, such fact shall be stated in the application, and with
reference to every foreign vehicle which has been registered theretofore outside of this State, the owner
shall surrender to the Department all registration cards and certificates of title or other evidence of such
foreign registration or ownership as may be in the owner's possession or under the owner's control, except
where in the course of interstate operation of a vehicle registered in another state it is desirable to retain
registration of the vehicle in such other state, such applicant need not surrender, but shall submit for
inspection, evidences of such foreign registration or ownership, and the Department upon a proper
showing may register the vehicle in this State, but shall not issue a certificate of title therefor.
(d) (1) The Department shall allow the registration of motor vehicles owned by individuals who are not
bona fide residents of Delaware upon presentation of an affidavit by the applicant, on a form approved by
the Department, swearing or affirming:
a. That the vehicle is principally garaged in Delaware;
b. That the applicant is the owner of at least 1 other vehicle which is registered and insured in the
state of the applicant's domicile; and
c. To such other information not inconsistent with this subsection as may be deemed appropriate by
the Department or the Insurance Commissioner.
(2) An affiant shall notify the Division of Motor Vehicles and the affiant's automobile insurance company
of any changes in the above conditions within 30 calendar days from the date of change.
(3) The penalties prescribed by Chapter 24 of Title 18 shall apply to a violation of this subsection.
TITLE 21. MOTOR VEHICLES
PART II. REGISTRATION, TITLE AND LICENSES
CHAPTER 21. REGISTRATION OF VEHICLES
SUBCHAPTER VII. ANTIQUE MOTOR VEHICLES
21 Del. C. § 2196 (2010)
§ 2196. Special antique motor vehicle plates
(a) Upon application, the Department may furnish to the owner of a
registered antique motor vehicle a special antique motor vehicle plate to be displayed on
such antique motor vehicle. This special plate shall be issued in addition to the plate already issued for
such vehicle under this chapter.
(b) The term "antique motor vehicle" includes every automobile, truck, motorcycle or other motor
vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which
has been maintained in or restored to a condition which is substantially in conformity with manufacturer's
specifications. A vehicle which has undergone substantial alterations from its original specifications and
appearance, or has had its horsepower or dimensions changed, shall not be eligible for
an antique license plate pursuant to this section.
(c) Any antique motor vehicle, registered pursuant to this section, shall be used only for participation in
club activities, exhibits, tours, parades and similar uses, but in no event shall it be used for general
transportation.
(d) Such special antique motor vehicle license plate shall be issued for a fee of $ 25 and shall be valid
without further payment of a renewal fee as long as the vehicle is in existence and is owned by the same
person. This fee shall be in addition to the vehicle document fee, title fee or other fees required by this
title.
(e) In the event of a transfer of ownership of an antique motor vehicle registered with a special plate
pursuant to this section, the transferor shall surrender the special plate to the Department.
TITLE 21. MOTOR VEHICLES
PART II. REGISTRATION, TITLE AND LICENSES
CHAPTER 21. REGISTRATION OF VEHICLES
SUBCHAPTER VII. ANTIQUE MOTOR VEHICLES
21 Del. C. § 2197 (2010)
§ 2197. Street rods
(a) If any modified antique motor vehicle manufactured prior to 1949, hereinafter referred to as
a street rod, is duly registered in the State, the owner of such street rod may apply to the Secretary of
the Department of Transportation, on special application forms prescribed by the Secretary, for a
special street rod motor vehicle plate, to be displayed on such street rod in lieu of the standard vehicle
registration plate.
(b) Any street rod, registered pursuant to this section, shall be used only for participation in club
activities, exhibits, tours, parades and similar uses, but in no event shall it be used for general
transportation.
(c) Upon receipt of an application for a special street rod motor vehicle plate on a form prescribed by the
Secretary, the Secretary shall issue to such applicant a special street rod motor vehicle plate on a
permanent basis, and it shall bear the inscription "STREET ROD" with yellow letters on a blue
background. In addition, such plates shall have displayed thereon the word "DELAWARE," the words "THE
FIRST STATE," the expiration date of the plates and the vehicle number assigned to the vehicle by the
Secretary. This special plate shall be issued for the applicant's use only for such motor vehicle, and in the
event of a transfer of title, the transferor shall surrender the special plate to the Secretary.
(d) Upon approval of the application the Secretary shall assess the applicant an initial fee of $ 25, in
addition to the registration fee levied under this chapter. The special plate shall be renewed upon payment
of the registration fee levied under this chapter. Applicants shall, in addition to the prescribed registration
validation sticker, be required to display a valid National Street Rod Association safety inspection sticker.
(e) A "street rod" shall mean a vehicle, the body and frame of which were manufactured prior to the year
1949 and which has been modified for safe road use, or a kit car which resembles that of an original pre1949 vehicle and has also been modified for safe road use. For the purposes of this section "modified"
means, but is not limited to, a substantial and material alteration, or replacement of the engine, drivetrain, suspension or brake system or alteration of the body which may be chopped, channeled, sectioned,
filled or otherwise changed dimensionally from the original manufactured body.
(f) Street rod requirements:
(1) Door latches. -- Every street rod that is equipped with doors leading directly into a compartment
that contains 1 or more seating accommodations shall be equipped with mechanically or electrically
activated door latches which firmly and automatically secure the door when pushed closed and which allow
each door to be opened from the inside by the activation of a convenient lever handle or other suitable
device.
(2) Glazing . -- Every street rod shall be equipped with a laminated safety glass windshield that
complies with the provisions appearing in the current ANSIz 26.1 Standard, ASI or AS10. The windshield
shall be in such a position that it affords continuous horizontal frontal protection to the driver and front
seat occupants.
The minimum vertical height of the windshield glass shall be not less than 7 inches, or as originally
equipped by a recognized manufacturer.
a. Side and rear glass. -- These items are not required, but if they are present, they must comply
with the provisions of current ANSI z 26.1 Standard. (AS1, AS2, AS4, AS6, AS10, or AS11.)
b. Window tinting . -- Shall be allowed only as permitted in Delaware Motor Vehicle Regulations, §
4313 if this title and Division of Motor Vehicles Policy Regulation number 76.
(3) Hood latches . -- A front opening hood should be equipped with a primary and a secondary latching
system to hold in a closed position.
(4) Hood .
a. Hoods on street rods shall be optional, but if the hood, top and/or sides are removed from the
vehicle, the fan must be enclosed within a shroud of substantial rigid material to prohibit anyone from
inadvertently being injured and to prevent the fan from flying up from the engine compartment should it
become loose.
b. Protrusions from engine compartment shall be no more than 6 inches above the highest point of
the hood, or when the hood has been removed 6 inches above the highest point of the hood's normal
location.
(5) Instrumentation & controls .
a. Speedometer . -- Every street rod shall be equipped with an operating speedometer calibrated to
indicate "miles per hour."
b. Odometer . -- Every street rod shall be equipped with an operating odometer calibrated to
indicate "total miles driven."
c. Steering wheel . -- Every street rod shall be equipped with a circular steering wheel with an
outside diameter of not less than 13 inches.
(6) Rear view mirror . -- Every street rod shall be equipped with two rear view mirrors, each providing
a clear field of vision 200 feet to the rear.
One shall be mounted on the inside of the vehicle in such a position that it affords the driver a clear
view to the rear. The other shall be mounted on the outside of the vehicle on the driver's side in such a
position that it affords the driver a clear view to the rear. When an inside mirror does not give a clear view
to the rear due to window tint or other obstructions, a right-hand outside mirror shall be required in lieu
thereof. The mirror mounting shall provide for mirror adjustment by tilting in both horizontal and vertical
directions.
(7) Seat belts .
Every street rod shall be equipped with a safety belt system for each occupant of the vehicle. Any such
safety belt system must at a minimum be a Type 1 (lap belt) and must meet Federal Motor Vehicle Safety
Standard 209. All safety belts systems shall be securely anchored to the body or frame.
(8) Windshield wipers . -- Every street rod shall be equipped with at least 1 windshield wiper installed
in a position which effectively clears the windshield area directly in front of the driver. The operation of the
windshield wiper shall be controlled by the driver from within the vehicle and shall be electrically or
vacuum operated.
(9) Accelerator control system . -- Every street rod shall be equipped with an accelerator control
system that returns the engine throttle to an idle position when the driver removes the actuating force
from the accelerator control.
(10) Service brakes . -- Every street rod shall be equipped with hydraulic brakes acting on all wheels.
The service brakes, upon application, must meet all the requirements as specified in the Delaware Motor
Vehicle Regulations, § 4303 of this title.
(11) Parking brakes . -- Shall meet all the requirements of the Delaware Motor Vehicle Regulations, §
4304 of this title.
(12) Bumpers . -- Shall be optional on street rods.
(13) Exhaust systems . -- Every street rod shall be equipped with an exhaust system that is free of
leaks including the exhaust manifolds (including headers), the piping leading from the flange of the
exhaust manifold(s) and the tail piping.
Exhaust systems on street rods shall discharge the exhaust fumes at a location to the rear of the
vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward
of any operable side windows. No part of the exhaust system shall pass through any area of the vehicle
that is used as a passenger carrying compartment. Every street rod must be equipped with a muffler in
good working order and in constant operation to prevent excessive or unusual noise. Muffler cutouts or
mufflers without internal baffle plates are prohibited.
(14) Fenders . -- Street rods shall have fenders on all wheels that cover the entire tread width of the
tire that comes in contact with the road surface. Coverage of the tire tread circumference shall be from at
least 15 degrees in front to at least 75 degrees to the rear of the vertical center line at each wheel,
measured from the center of wheel rotation.
(15) Fuel systems . -- Every street rod shall have all fuel system components, such as tank tubing,
hoses, clamps, etc., securely fastened to the vehicle with fasteners designed for this purpose so as not to
interfere with the vehicles' operation and shall be leak proof.
Fuel lines shall be positioned so as not to be in contact with high temperature surfaces or moving
components.
(16) Steering . -- A street rod shall have no steering components extending below the wheel rims in
their lowest position. The use of unconventional steering components such as chain drive, sprockets or
electric solenoids shall be prohibited. The steering system shall remain unobstructed when turned from
lock to lock.
(17) Suspension . -- A street rod shall be equipped with a damping device at each wheel.
(18) Tires & wheels . -- The tires and wheels on street rods shall comply with current Federal Motor
Vehicle Safety Standards (D.O.T. approved). All tires must be grooved and have 3/32" tread depth
minimum.
(19) Electrical system .
a. Lighting .
1. Street rods shall have a minimum of 2 headlights.
2. All headlights must be equipped with 2 position dimmer switch which will lower and raise the
candle power of the headlights. Rheostat type switch not allowed.
3. Vehicle must be equipped with taillight, brake lights and a license plate light which illuminates the
license plate.
4. Two taillights and 2 brake lights required. Each light shall provide 6 square inches of luminous
lens area unless a National Street Rod Association inspector verifies the lights are original equipment.
5. All replacement lenses shall be made of approved reflective material.
6. Street rods shall have turn signals, front and rear. Each turn signal shall provide 6 square
inches of luminous lens area, unless a National Street Rod Association inspector verifies the turn signals
are original equipment.
b. Horn . -- Every street rod shall be equipped with a horn that is electrically operated and that will
emit a minimum sound level of 92 db(A) measured at a distance of 200 feet directly in front of the vehicle
under clear weather conditions. The switch used to actuate the horn shall be easily accessible to the driver
when operating the vehicle.
(20) Automatic transmission lockout . -- Street rods equipped with an automatic transmission shall
have a neutral safety switch which allows the vehicle to start in either neutral and/or park only.
(21) Emission . -- Street rods shall be exempt from state and federal emission standards.
TITLE 21. MOTOR VEHICLES
PART II. REGISTRATION, TITLE AND LICENSES
CHAPTER 21. REGISTRATION OF VEHICLES
SUBCHAPTER VII. ANTIQUE MOTOR VEHICLES
21 Del. C. § 2198 (2010)
§ 2198. Inspection
(a) A motor vehicle registered as an antique motor vehicle shall be exempt from annual inspection. A
motor vehicle must pass an initial inspection prior to the motor vehicle being registered as
an antique motor vehicle. Motor vehicles registered as antique motor vehicles shall be provided
EXEMPT validating stickers in lieu of the usual expiration date stickers upon passing the initial inspection.
(b) A motor vehicle registered as a street rod shall be exempt from annual inspection. A street rod must
pass an initial inspection as prescribed in subsection (f) (street rod requirements) of § 2197 of this title,
prior to the motor vehicle being registered as a street rod.
TITLE 21. MOTOR VEHICLES
PART IV. MISCELLANEOUS
CHAPTER 67. THEFT, UNAUTHORIZED USE AND DAMAGE TO MOTOR VEHICLES
SUBCHAPTER II. SALVAGE YARDS
21 Del. C. § 6715 (2010)
§ 6715. Rebuilt motor vehicles
If any vehicle being kept in a motor vehicle salvage yard or junkyard is rebuilt and application is made
for a negotiable title to the vehicle, said vehicle shall be examined by members of the State Police Auto
Theft Unit or by a person designated by the Director of the Division of Motor Vehicles prior to the issuance
of any negotiable title to such vehicle.
Equipment Exemptions
From Delaware Code:
TITLE 21. MOTOR VEHICLES
PART III. OPERATION AND EQUIPMENT
CHAPTER 43. EQUIPMENT AND CONSTRUCTION OF VEHICLES
SUBCHAPTER I. EQUIPMENT REQUIREMENTS
21 Del. C. § 4313 (2010)
§ 4313. Safety glass -- Federal safety standards applicable to windshield, front side windows and side
wings; window tinting
(a) No person shall operate any motor vehicle on any public highway, road or street with the front
windshield, the side windows to the immediate right and left of the driver and/or side wings forward of
and to the left and right of the driver that do not meet the requirements of Federal Motor Vehicle Safety
Standard 205 in effect at the time of its manufacture.
(b) Nothing in this section shall prohibit the use of any products or materials along the top edge of the
windshield so long as such products or materials are transparent and do not encroach upon the AS-1
portion of the windshield as provided by FMVSS 205 and FMVSS 128.
(c) No person shall operate any motor vehicle on any public highway, road or street which does not
conspicuously display a certificate by the manufacturer of any "after manufacture" window tinting material
which may have been installed that such window tinting material meets the requirements of FMVSS 205 in
effect at the time of the vehicle's manufacture. It shall be a valid defense to any charge under this
subsection if the person so charged produces in court a validated mandatory inspection notice showing
that the Division of Motor Vehicles has examined the motor vehicle since the date of offense and certifies
compliance with FMVSS 205.
(d) No person shall be convicted under this section if that person possesses a statement signed by a
licensed practitioner of medicine and surgery or osteopathic medicine or optometry verifying that tinted
windows are medically necessary for the owner or usual operator of said vehicle.
(e) This section shall not apply to anodized glass which is correctly installed in the windshield and windows
of an antique motor vehicle or streetrod, as such are defined in §§ 2196 and 2197 of this title or of a
motor vehicle validly insured under an antique, classic or street rod designated motor vehicle insurance
policy that covers the motor vehicle, pursuant to § 2118 of this title.
(f) This section shall not apply to any surveillance vehicles operated by a police officer, as defined under §
8401(5) of Title 11. This exception shall not apply to marked vehicles, or those unmarked vehicles used
primarily for regular duty patrols.
TITLE 21. MOTOR VEHICLES
PART III. OPERATION AND EQUIPMENT
CHAPTER 43. EQUIPMENT AND CONSTRUCTION OF VEHICLES
SUBCHAPTER I. EQUIPMENT REQUIREMENTS
21 Del. C. § 4318 (2010)
§ 4318. Bumper, frame rail, and body heights
(a) No passenger vehicle or station wagon that is required to be registered under Chapter 21 of this title
shall be registered or operated upon any highway of the State if the bumper height of such vehicle
exceeds 22 inches from the ground to the bottom of the bumper, or if the vehicle frame rail is higher than
the attached bumper, or if the maximum distance between the vehicle body and vehicle frame rail
exceeds 3 inches.
(b) Vehicles not included in subsection (a) of this section that are required to be registered under Chapter
21 of this title shall not be registered or operated upon any highway of the State if the bumper height of
such vehicle exceeds 30 inches from the ground to the bottom of the bumper, or if the vehicle frame rail is
higher than the attached bumper, or if the maximum distance between the vehicle body and vehicle frame
rail exceeds 3 inches.
(c) The following vehicles are exempt from this section: antique motor vehicles registered under §
2196 of this title; authorized emergency vehicles; motor vehicles with a gross vehicle weight rating of
10,000 pounds or greater; and vehicles registered with farm truck plates (FT tags), as defined in §
2113(1) of this title.
(d) Any person found guilty of operating a motor vehicle in violation of this section shall, for the first
offense, be fined not less than $ 50 nor more than $ 115 For each subsequent like offense within one
year, such person shall be fined not less than $ 100 nor more than $ 230. Measurements made with an
over-the-counter measuring device shall be prima-facia evidence of a violation.
TITLE 21. MOTOR VEHICLES
PART IV. MISCELLANEOUS
CHAPTER 64. ODOMETERS
21 Del. C. § 6408 (2010)
§ 6408. Exemptions
Notwithstanding the requirements of § 6407 of this title:
(1) A transferor or lessee of any of the following motor vehicles need not disclose the vehicle's odometer
mileage:
a. A vehicle having a gross vehicle weight rating of more than 16,000 pounds;
b. A vehicle that is not self-propelled;
c. A vehicle that is 10 years old or older; or
d. A vehicle sold directly by the manufacturer to any agency of the United States in conformity with
contractual specifications.
(2) A transferor of a new vehicle prior to its first transfer for purposes other than resale need not
disclose the vehicle's odometer mileage.
(3) A lessor of any of the vehicles listed in subdivision (1) of this section need not notify the lessee of
these vehicles of the disclosure requirements of § 6409 of this title.
Emissions Exemptions
Emissions inspections are required for vehicles being registered or titled for the first time in Delaware and
biennially based upon the MY (during registration renewals).
Diesel Vehicles:
Diesel vehicles MY 1997 and newer are required to be tested.
Exemptions:
1. New vehicles for the newest five (5) MYs
2. Pre-1968 MY vehicles
3. Vehicles with a GVWR of more than 8,500 lbs
In addition to general engine and fuel system repairs/replacements such as an overhaul, valve work and fuel injector and
carburetor repairs, the following apply to waivers:
State of Delaware
Department of Transportation
Air Filter
Pre-Heat Catalyst
EGR Hoses
PCV Check Valve
Division of Motor Vehicles
Oxygen Sensor
Thermal Reactor
EGR Sensor
Distributor
Catalytic Converter
EGR Valve
PCV Air Pump
Ignition Wires
Points
Spark Plugs
Coil
Plus, the cost of labor performed by a CERT or CMRT and any gaskets, clamps, brackets or other emission accessories directly
associated with these components may be applied to the waiver.
SECTION 3 - On Board Diagnostics (OBD II) / Malfunction Indicator Light (MIL) Test
What is OBD II?
On Board Diagnostics is a complex computer system installed on 1996 and newer cars and light trucks. The system acts to
provide an early warning of potentially high emissions and probable damage to the vehicle.
Which vehicles will DMV test?
DMV will test 1996 and newer cars registered in New Castle County and Kent County that have a MGVWR of less than 8500
pounds. In addition, 1997 and newer diesel vehicles will be tested.
What does the DMV Inspection check?
There are two steps to the inspection. (1) With the key on and the engine off, the technician determines if the “check engine
light” (MIL) works. (2) The technician will connect the inspection tool to the OBD II system to determine its status.
My car did not pass the OBD II test. What should I do?
This depends on why your vehicle failed. You should probably take the vehicle to a repair technician for service. If the MIL
is on, the OBD II system found a problem that needs repair, or if the MIL does not light up, the need for repair or replacement
of the appropriate circuitry is necessary.
GIVE YOUR VEHICLE INSPECTION REPORT TO THE REPAIR TECHNICIAN - IT CONTAINS VALUABLE
INFORMATION ON YOUR VEHICLE’S PROBLEM.
Is there a grace period?
Vehicle owners may be eligible for one 30-day temporary tag. There is a $10 fee for the tag. The Registration Section of any
DMV facility can provide the tag.
Is there a waiver policy?
Currently, an OBD II waiver policy exists. To qualify, the owner must spend at least $760.00 on related repairs. A Certified
Emissions Repair Technician (CERT) or a Certified Manufacturer Repair Technician (CMRT) MUST perform these repairs.
The repair technician must stamp all related receipts. The vehicle owner must present a completed vehicle EMISSION
repair REPORT form with the stamped receipts to DMV. Vehicle repair receipts older than 90 days are not acceptable.
Vehicle
Inspection
Program Brochure
SECTION 4 - Pressure Test
What is inspected during the pressure test?
The DMV technician tests your vehicle’s fuel system to detect any leakage of fuel or vapors from the fuel system or fuel cap.
To test for leaks, the hose leading from the evaporative canister to the fuel tank is clamped shut and a small amount of pressure is applied to the tank itself. The system is then monitored for leakage. The fuel cap is tested separately to ensure that it
is properly functioning. If your vehicle was originally equipped with a catalytic converter, the DMV officer performs a visual
inspection for its presence.
Why did my car fail?
Failure to pass the pressure test indicates a leakage of fuel or vapors from the fuel system. The DMV technician provided you
with a VEHICLE INSPECTION REPORT which indicates whether the problem is with the fuel tank and canister hose or the
fuel cap.
Catalytic Converter Check - Failure of this test indicates that:
• the catalytic converter is in poor condition, or
• the catalytic converter is missing (violation of federal law).
How do I make repairs?
Depending on the origin of the leakage, you may be able to make the repairs yourself. In most instances, problems with the
fuel cap simply require the vehicle owner to replace the cap with a new one designed for the vehicle.
Warning: Improper repairs to a vehicle’s fuel system can result in a fire or explosion. Also, the federal EPA has developed
a series of guidelines and procedures that must be followed when replacing or installing a catalytic converter. Please consult
a qualified mechanic of your choice and provide the mechanic with the VEHICLE INSPECTION REPORT and VEHICLE
EMISSION REPAIR REPORT FORM.
Is there a waiver policy or grace period?
There are no waivers for fuel system failures; however, vehicle owners may be eligible for one 30-day temporary tag.
Temporary tags are issued in the Registration Section of each DMV facility for a fee of $10.
This brochure contains information on Delaware’s vehicle inspection program. It is
designed to provide guidance on inspection failures, waivers, temporary license plates
and repairs required to ensure your vehicle can be operated safely.
First Class Service from the First State
Doc. No. 45 07 01 02 03 02
Rev. 01/08
Understanding Our Vehicle Inspection Program:
As part of the State of Delaware’s process for renewing your registration, your vehicle must pass a vehicle inspection.
By performing an inspection, the Division of Motor Vehicles (DMV) helps to ensure your vehicle safety and protect the air
Delawareans breathe by reducing the amount of pollutants in the environment.
Your vehicle failed to pass one or more parts of the inspection process. To help you understand the inspection process,
DMV is providing this detailed explanation. Please refer to the appropriate section:
Section 1 - Safety Test
Section 2 - Tailpipe Emissions Test
Section 3 - OBD/MIL Test
Section 4 - Pressure Test
After completing the necessary repairs, please return to an inspection facility recheck lane for re-inspection. There
is no charge for your vehicle to be re-inspected; however, it is important that you renew your registration prior to its
expiration date. A $10 late fee is charged for renewing after the registration’s expiration date. It is also important that
you maintain the VEHICLE INSPECTION REPORT provided to you by the technician; it contains the results of your first
inspection.
If you have additional questions, please contact the appropriate DMV facility:
Greater Wilmington
New Castle
Dover
Georgetown
2230 Hessler Blvd.
Airport & Churchman’s Rd. 303 Transportation Circle
23737 DuPont Blvd.
New Castle, DE 19720
New Castle, DE 19720
P.O. Box 698
Georgetown, DE 19947
Telephone 434-3206
Telephone 326-5004
Dover, DE 19903
Telephone 853-1003
Telephone 744-2514
Hours at all Offices: 8:00 a.m. - 4:30 p.m. - Monday, Tuesday, Thursday and Friday; Noon - 8:00 p.m. Wednesday
SECTION 1 - Safety Exam
What is inspected during the safety exam?
The exam is performed to ensure that your vehicle’s safety equipment is in working condition. During the safety test, the
Division will check the following items:
• Tires
• Glass (no cracks, obstructions or tints)
• Wiring and switches
• Body metal
• Mirrors
• Ref lectors and lenses
• Shock absorbers
• Wipers
• Height
• Brakes
• Horn
• Hood and latch, door latches
• Exhaust system
• License Plate
• Bumpers
• Fuel system
• Turn signals, license plate lights, brake lights
• Fenders
• Smoking
• Headlights, taillights, parking lights
Why did my vehicle fail?
The technician provided a VEHICLE INSPECTION REPORT which shows the part of the safety test your vehicle failed.
After completing the necessary repairs, return to the recheck lane to have the repair verified.
How do I make repairs?
You must have all repairs performed which will permit your vehicle to pass inspection. You may be able to replace the defective part(s) or perform the repair work yourself. Or, you may wish to consult a State Certified Repair Technician (CERT)
or a repair technician of your choice for assistance.
Is there a waiver policy or grace period?
There are no waivers for safety-related items. Vehicle owners may be eligible for one 30-day temporary tag or a 15-day
temporary permit. Temporary tags are not issued on failures for tires, brakes, exhaust system, smoking, or any item that
may impact the vehicle’s safe operation. Temporary tags and permits are issued in the Registration Section of each
DMV facility for a fee of $10.
SECTION 2 - Tailpipe Emissions Test
What is inspected during the tailpipe emissions test?
The purpose of the tailpipe emissions test is to determine how efficiently your vehicle’s engine is performing. The test measures the levels of hydrocarbons and carbon monoxide emitted from the exhaust system. 1981-1995 model year vehicles
registered in New Castle or Kent County shall receive a two-speed test (low and high rpm in park or neutral), while 19681980 model years are tested at idle, as are vehicles registered in Sussex County.
Why did my vehicle fail?
Failure to pass the tailpipe emissions test is due to high HYDROCARBONS (HC) or high CARBON MONOXIDE (CO)
emissions. Improper HC and CO levels are caused by engine malfunctions or a defective or missing catalytic converter.
Some likely causes are:
Carbon Monoxide (CO) Failure Idle air/fuel mixture too rich
Defective catalytic converter
Dirty air filter(s)
Heat riser
Other air/fuel problems, equipment or engine malfunctions
Improper idle speed
Improper choke operation
PCV valve
Hydrocarbon (HC) Failure Idle air/fuel mixture too lean
Defective catalytic converter
Improper ignition timing
Defective spark plug(s)
Defective spark plug wire
Defective ignition
Internal engine problems or other engine malfunctions
Vacuum leaks
PCV Valve
EGR Valve
Air Pump
How do I make repairs?
You may be able to make the adjustments and perform the repair work yourself. For example, there is a decal located in the
engine compartment which contains the manufacturer’s tune-up specifications and emission control device locations and
connections.
Should you decide to take your vehicle to a repair shop, be sure to provide the mechanic with the VEHICLE INSPECTION REPORT. It will help the mechanic determine what caused your vehicle to fail. Also bring the VEHICLE EMISSIONS REPAIR REPORT FORM. NOTE: Repairs must be performed before your vehicle can receive a second test.
Depending on your vehicle’s model year and county of registration, repairs may have to be performed by a certified
repair technician to qualify for an emissions waiver. See EMISSIONS TEST WAIVER OPTIONS section below.
Rechecks:
Owners with vehicles registered in New Castle and Kent Counties must present a completed VEHICLE EMISSIONS
REPAIR REPORT FORM to receive a second emissions recheck.
Is there a grace period?
Vehicle owners may be eligible for one 30-day temporary tag. Temporary tags are issued in the Registration Section of each
DMV facility for a fee of $10. No temporary tags are issued for vehicles failing for “excessive smoking.”
Is there a waiver policy?
There are three options under the Delaware Emissions Testing Waiver Policy for vehicles failing the tailpipe emissions
portion of the inspection process. It is important that you choose the appropriate option based on your vehicle’s model year,
mileage and county where it is registered. NOTE: SAVE YOUR EMISSIONS TEST RESULTS SHEET. It must be
presented at the inspection lane prior to an emission recheck.
TAILPIPE EMISSIONS TEST WAIVER OPTIONS:
NOTE: Some manufacturers have provided extended warranty coverage on certain emission components up to eight
(8) years and 80,000 miles. Check your warranty coverage prior to having your vehicle repaired.
OPTION 1 - Applies to all model years between 1968 and 1980. To be eligible for a waiver, you must spend at least $75
on emission-related repairs. Repair receipts older than 90 days are not acceptable.
OPTION 2 - Applies to models 1981 or newer registered in Sussex County which are greater than five years old, or have
greater than 50,000 miles, but were built during or after 1981. To qualify for this waiver, you must spend at least $200 on
emission-related repairs. Receipts older than 90 days are not acceptable.
OPTION 3 - Applies to models 1981 or newer registered in New Castle and Kent Counties which are greater than five years
old or have greater than 50,000 miles. To qualify for this waiver, you must 1) spend at least $760 on emissions-related repairs;
2) have the repairs performed by a State Certified Repair Technician (CERT) or a Certified Manufacturer Repair Technician
(CMRT); and 3) present a completed VEHICLE EMISSIONS REPAIR REPORT FORM. Repairs to the primary emission
control components performed by owners will apply to the waiver limit.
NO LABOR IS ALLOWED FOR OWNER PERFORMED REPAIRS. CERT OR CMRT MUST INSPECT ALL
OWNER-INSTALLED, EMISSION-RELATED REPAIR PARTS AND STAMP ANY RECEIPTS PRIOR TO THE
VEHICLE OWNER APPLYING FOR AN EMISSIONS WAIVER.
The cost to repair or replace the following items qualifies as emission-related repairs. Written receipts and a completed VEHICLE EMISSIONS REPAIR REPORT FORM must be provided to show that you spent the appropriate amount of money
within 90 days from the original date of inspection.
DOCUMENTS NEEDED TO OBTAIN A DELAWARE TITLE AND REGISTRATION FOR YOUR VEHICLE www.dmv.de.gov Manufacturer’s Certificate of Origin (Must be properly transferred to new owner.)
Out-of-state title (Must be in owner’s name or properly transferred to new owner. Out-of-state
titles must be notarized if stated notary seal required.) If financing or leasing the vehicle, the owner or lessee must provide the mailing address of the lienholder or leasing company. Proof of liability insurance on the vehicle being titled. (This can be an insurance card verifying liability, insurance policy or a letter from your insurance agent on his letterhead. Whatever is presented must identify the vehicle, or the fact that all vehicles owned by the applicant are
properly insured.) Vehicle must be presented for an inspection at one of our Division of Motor Vehicles inspection
facilities. This Application for Delaware for Title must be signed by the owner (or if the vehicle has coowners, all owners must sign.) Application for Title in a company’s name must be signed by an officer of the company or an individual signing for the company must have a power of attorney from the company authorizing them to sign for the company. Dealer’s Bill of Sale if purchased from a dealer. Driver’s license or proper identification required. Delaware titles must be completed with mileage, date of birth and driver’s license number. Delaware title transfers must be signed by all applicants. To transfer a Delaware Certificate of Title, the new owner must present valid proof of liability insurance, or the license plate and registration card must be turned in at the time of transfer. All Applications for Title for mobile homes must be accompanied by a county tax form. These forms must be obtained from:
Sussex County
Board of Assessments
2 The Circle
Georgetown, DE 19947
(302) 855-7720
Kent County
Receiver of Taxes
County Admin. Bldg.
555 Bay Road
Dover, DE 19901
(302) 744-2341
New Castle County
Treasury Division
87 Read’s Way
Corporate Commons
New Castle, DE 19720
(302) 323-2600
Other
DMV Title Specialist:
MV558 (2/00)
Date:
Doc No. 45-07-00-2-2 
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