Delaware Administrative Code
Title 2 - Transportation
1000 - Department of Safety and Homeland Security
1200 - Office of Highway Safety
1207 - Electronic Speed Monitoring System
Section 1207-9.0 - Fines

Universal Citation: 2 DE Admin Code 1207-9.0

Current through Register Vol. 28, No. 3, September 1, 2024

9.1 Violation notices are sent by the system approved vendor to the registered owner of the vehicle that fails to comply with the posted speed limit or posted work zone speed limit, as evidenced by information obtained from an ESMS and shall be subject to a civil offense rather than a criminal offense. The present violation fine structure is established under 21 Del.C. § 4169(c). Assessments defined under 21 Del.C. § 4105, 11 Del.C. § 4101, 11 Del.C. § 9016, and 10 Del.C. § 8505 shall only be assessed for violations occurring in a work zone as defined in 21 Del.C. § 4170A. No additional assessments or court costs, other than those specified in Section 16.0 of this regulation, shall be assessed or collected against the owner or operator of a vehicle who has violated this regulation.

9.2 The base fine for a vehicle that fails to comply with the posted speed limit or posted work zone speed limit, as evidenced by information obtained from an ESMS, is $20 for first offense and $25 for each subsequent offense pursuant to 21 Del.C. § 4169(c).

9.2.1 A subsequent violation, before being punishable as such, shall have been committed within 24 months after the commission of the prior offense.

9.2.2 Violations occurring in work zones are considered separate from violations occurring in residence districts for the purposes of determining if a subsequent violation occurred.

9.2.3 Prior non-electronic moving violations issued by an officer are considered separate from ESMS violations for the purposes of determining if a subsequent violation occurred.

9.3 Additional speeding fines per mile per hour (mph) in excess of the posted speed limit pursuant to 21 Del.C. § 4169(c) are as follows:

9.3.1 $1.00 per mph if the recorded speed was between 11 and 15 mph over the posted speed limit or posted work zone speed limit for the first offense and $2.00 per mph for subsequent offenses.

9.3.2 $2.00 per mph if the recorded speed was between 16 and 19 mph over the posted speed limit or posted work zone speed limit for the first offense and $3.00 per mph for subsequent offenses.

9.3.3 $3.00 per mph if the recorded speed was 20 mph or more over the posted speed limit or posted work zone speed limit for the first offense and $4.00 per mph for subsequent offenses.

9.4 For violations occurring in a work zone, the sum total of the base fine plus the additional speeding fine is doubled pursuant to 21 Del.C. § 4105(f).

9.5 For violations occurring in a work zone the following surcharges will be levied:

9.5.1 A Transportation Trust Fund Surcharge equal to 50% of the sum total of the base fine, the additional speeding fine, and the work zone fine, pursuant to 11 Del.C. § 4101, which requires fines or fees levied for violations of Title 21 to include an additional 50% surcharge assessment.

9.5.2 A Violent Crimes Fund Surcharge of $15 pursuant to 11 Del.C. 4101(h).

9.5.3 An Ambulance Fund Surcharge of $10 pursuant to 11 Del.C. 4101(j).

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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