Right of Way Violations in Delaware

You are riding along, following the speed limit, and a car approaching from the opposite direction turns in front of you.  It happens every day.  This is a right-of-way violation.  Most of the time we can foresee and avoid an accident; other times we may not be so lucky.

This is a violation of your right-of-way, or ROW.

The definition of a right-of-way violation is defined in the Delaware Code, Title 21, Chapter 41, Subchapter IV. 

The penalties for a right-of-way violation in Delaware are found in Subchapter IX, Section 4175A, "Aggressive Driving".  Aggressive driving is defined as "engag(ing) in continuous conduct which violates 3 or more" of 12 infractions defined as aggressive driving.

Three or more?  So, if someone violates your right-of-way they cannot be cited for driving in an aggressive manner unless they, in the same incident, also commit two other infractions?  Even if the incident results in an accident?  Three is too many.  One infraction should be sufficient, shouldn't it? 

The twelve infractions cited in the code are:

(1) Sec. 4107 of this title, relating to obedience to traffic-control devices;

(2) Sec. 4108 of this title, relating to traffic control signals;

(3) Sec. 4117 of this title, relating to overtaking on the right;

(4) Sec. 4122 of this title, relating to driving within a traffic lane;

(5) Sec. 4123 of this title, relating to following too closely;

(6) Sec. 4132 of this title, relating to yielding to the right-of-way;

(7) Sec. 4133 of this title, relating to vehicles entering the roadway;

(8) Sec. 4155 of this title, relating to use of turn signals;

(9) Sec. 4164 of this title, relating to stop signs and yield signs;

(10) Sec. 4166(d) of this title, relating to overtaking and passing school buses;

(11) Sec. 4168 of this title, relating to speed restrictions; and

(12) Sec. 4169, relating to specific speed limits.

The penalties for violations three or more of these sections are laughable:

(c) Whoever violates this section shall for the first offense be fined not less than $100 nor more than $300 or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000 or be imprisoned not less than 30 nor more than 60 days, or both, and the person shall have their driving privileges suspended for a period of 30 days.

Delaware Freedom Riders is committed to putting more realistic laws and penalties for right-of-way violations, especially where they cause injury and/or death.  YOU can help by offering ideas, suggestions, and support.

Talk about it in the Delaware Freedom Riders Forum

For important updates, email delfreedomriders@aol.com

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