§ 2144 — Other inspections; procedure; duty of owner

(a) At any time and notwithstanding the possession of current registration plates, as provided by this title, the Secretary, or any authorized agent of the Department or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the Department. The notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and/or that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within 5 days thereafter.

(b) Every owner or driver upon receiving the notice prescribed in subsection (a) of this section shall comply therewith and shall, within the 5-day period, secure an endorsement upon such notice by an inspector of the Department that such vehicle is in safe condition and properly equipped and its equipment in proper repair and adjustment and shall then forward the notice to the Department. No person shall operate any such vehicle after receiving a notice with reference thereto as above provided, except as may be necessary to return such vehicle to the residence or the place of business of the owner or driver if within a distance of 20 miles or to a garage until the vehicle and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this title.

Legislative History

36 Del. Laws, c. 10, § 24 ; 40 Del. Laws, c. 38, § 9 ; Code 1935, § 5562; 43 Del. Laws, c. 244, § 13 ; 21 Del. C. 1953, § 2144; 57 Del. Laws, c. 670, § 8A ; 67 Del. Laws, c. 95, § 1