Six pieces of legislation aim to improve safety on Delaware’s roadways

SMYRNA, Del. – Governor Carney on Wednesday joined the Delaware Department of Transportation (DelDOT), the Delaware Department of Safety and Homeland Security (DSHS), members of the General Assembly, and advocates to announce a package of new initiatives and legislation designed to improve safety on Delaware’s roadways.

Today’s legislative package includes bills to:

• Curb reckless driving
• Prohibit open containers of alcohol in most vehicles
• Expand “Move Over” protections
• Require helmets in the first two years of a motorcycle license
• Strengthen child safety seat requirements
• Enable green lights on snow plows to increase visibility

“Last year, Delaware tied its record for traffic fatalities with 165 lives lost on our roadways. We have a crisis on our roadways and we need to act now,” said Governor Carney. “This package of legislation, along with the current activities and protection measures, will expand safety measures for all Delawareans and travelers.”

“We continue to see an alarming number of fatalities on Delaware roads with 165 last year and more than 30 already in 2023. Our top priority is safety, and these legislative proposals can help make our roads safer,” said Secretary of Transportation Nicole Majeski.

“The number of fatalities on our roads continues to be too high and is of genuine concern. This trend is sobering. We’re striving to address the problem. While working collectively, we hope that additional resources, proposed legislation, and safety measures will reduce traffic fatalities and injuries on our roadways, said Secretary of Safety and Homeland Security Nathaniel McQueen, Jr.

Safety is a priority for Governor Carney’s administration, and the pieces of legislation announced today add to efforts already underway. Current actions by the Delaware State Police and DelDOT to address traffic safety include:

• Increased enforcement for speeding and distracted drivers;
• Increase multi-modal safety investments statewide;
• Increased enforcement of illegal truck parking;
• Pilot of a wrong way driver notification system;
• And increased intersection safety measures including don’t block the box and red light running.

Governor Carney’s Fiscal Year 24 recommended budget also includes funding to create  a Traffic Education and Enforcement Unit. This new unit of 11 officers will patrol Delaware’s highest incident roadways to help curb excessive speeding and prevent accidents.

As part of the legislative package, reckless driving legislation, which will be introduced by Senator Kyra Hoffner and Representative Franklin Cooke, would establish any speeding violation of 90 miles per hour or more as a Reckless Driving offense. Speeding was a contributor to 26 fatal crashes in Delaware from 2020 – 2022.

“Delaware is among the states who have the highest amount of traffic fatalities — many of which involve or are the direct result of a driver speeding,” said Senator Kyra Hoffner. “By penalizing drivers who travel at extreme speeds, we can hopefully change behaviors and help to save lives.”

“During my career as a police officer I witnessed far too many motor vehicle crashes and roadway fatalities,” said Representative Frank Cooke. “We know that speeding is often a contributing factor. This bill would add a reckless driving offense if a driver is operating a vehicle at 90 miles per hour, or more, on any roadway.”

Open container legislation, which will be introduced by Representative Tim Dukes and House Majority Leader Valerie Longhurst, would ban open containers in passenger vehicles. The legislation would not affect buses, taxis and limousines, or the living quarter sections of motor homes or trailers. Uber and Lyft rules do not allow open containers in their vehicles already. Delaware is one of just five states that has not prohibited open containers of alcohol in the passenger area of a vehicle. Alcohol was a factor in 26% of Delaware’s fatal crashes in 2021.

“Currently, Delaware is in direct violation of federal regulations because we don’t have an open container law,” said House Majority Leader Valerie Longhurst. “It’s time we correct this misstep and ban open containers of alcoholic beverages in motor vehicles.”

“For too long, Delaware has been behind the curve on this very important public safety issue. Prohibiting passengers from having an open container in the vehicle they are riding in is another way to protect the motoring public at large. Whether you are the driver of a vehicle or the passenger, with this new bill, we are saying that it is against the law to have an open container of alcohol in the car. If it dissuades even one person from engaging in reckless or drunken driving, then we’ve accomplished our goal of protecting our roadways,” said Representative Tim Dukes.

“Move over” legislation, which will be introduced by Representative William Carson, Senate Majority Whip Elizabeth Lockman, and Senator Stephanie Hansen, would require drivers to change lanes or reduce their speed while approaching any stationary vehicle on the shoulder or in the roadway displaying warning signals. Warning signals may include vehicle hazard warning lights, road flares, traffic cones, cautions signs, or any non-vehicular warning signs. Currently, Delaware’s move over law only applies to emergency vehicles or tow trucks. In 2022, 13 people were killed in Delaware while in or near stopped vehicles.

“Those of us who drive every day for work and for other obligations often take for granted what a big responsibility highway driving is, and how careful we need to be when doing it,” said Senate Majority Whip Elizabeth Lockman. “This bill merely codifies something of a social contract that we already have — or should have — with other drivers. When a disabled vehicle is stopped on the side of the road, we should be courteous and get out of their way. It’s as simple as that.”

“More than three years ago, I began working with the State to create a public dashboard for Delawareans to access data about car accidents across our state. In doing that work, I have spoken with a lot of highway safety experts and have learned a great deal about what causes car crashes. Two of the top contributors are speeding and distracted driving — both of which can cause serious problems when there’s a disabled vehicle on the side of the road,” said Senator Stephanie Hansen. “That’s why I am sponsoring House Bill 92, which requires drivers to move over and do their part to prevent an accident from happening.”

“The goal is to provide extra space and mitigate accidents from happening along our roadways,” said Representative William Carson. “It’s important to consider everyone’s safety. This bill enhances Delaware’s existing Move Over Law, which focuses on law enforcement and first responders, adding others who may be working along our roadways.”

Graduated motorcycle helmet legislation, which will be introduced by Senate President Pro Tempore David Sokola, Representative Sean Lynn, and Representative Danny Short, would require all riders to wear a helmet in their two years of having a motorcycle endorsement. Statistics from the Delaware Department of Transportation show that 25 percent of serious injury and fatal accidents occurred among Delaware licensed motorcycles riders within their first two years of obtaining a license. It would also extend the graduated helmet requirements to mopeds and tripeds. Over the last five years, 35 motorcyclists were killed and 143 were seriously injured on Delaware roadways while not wearing helmets.

“We have learned from our Graduated License Law that there is an undeniable safety benefit from having more restrictions early in one’s time on the road, and then adding privileges with more driving experience,” said Senate President Pro Tempore Dave Sokola. “By law, we require motorcyclists to have a helmet on their bike; let’s finish the job and make sure that these helmets are actually being put to use and keeping people safe.”

“Last year we lost 12 people to motorcycle fatalities,” said Representative Sean Lynn. “Helmets reduce the risk of head injury by 69 percent. This bill will help us to ensure that conditions are safer for those operating and riding a motorcycle by requiring everyone who obtains a new endorsement, or are riding with a new rider, wear a helmet and eye protection.”

“I’ve been on the scene of a lot of motorcycle accidents, and I’ve repeatedly witnessed the benefits of wearing a helmet,” said Representative Danny Short. “My bill requires new riders to wear a helmet for the first two years after getting their endorsement.  These riders are at the greatest risk of a mishap and this law will help protect them when they are at their most vulnerable.”

Child safety seat requirements legislation, which will be introduced by Senator Kyle Evans Gay and Representative Krista Griffith, would require children under two and under 30 pounds to be in a rear-facing seat with a 5 point harness, and those under 4 and under 40 pounds would need to be in either a front- or rear-facing seat with a 5 point harness. From age 4-16, it would be required to use a booster to the maximum height and weight limits, then use a seatbelt. Enforcement would not take place until after a year-long awareness campaign. This proposed revision to Delaware’s child safety seat requirements adds specificity to the law, which currently only requires an “appropriate” car seat or booster.

“To keep children safe on the road, adults need to know how to properly secure children in car seats and booster seats,” said Senator Kyle Evans Gay. “This bill achieves that goal by updating the law to reflect modern safety guidelines, and by prioritizing education, so that any person responsible for a child’s well-being is best prepared to keep that child safe.”

“We know that seat belts and other safety measures work,” said Representative Krista Griffith. “This bill ensures that those driving a motor vehicle on Delaware roadways are taking responsibility for every passenger, correctly and consistently ensuring everyone is buckled up and secured properly.”

“Nemours Children’s Health is committed to creating the healthiest generations of children by going well beyond medicine. Developing and influencing legislation that prevents injury and protects children outside of the traditional healthcare setting is essential to this goal,” said Kara Odom Walker, MD, MPH, MSHS, Executive Vice President, Chief Population Health Officer, Nemours Children’s Health. “Nemours Children’s is proud to partner with the State of Delaware, Governor Carney, Senator Gay, and the Office of Highway Safety to introduce important changes to child car seat and booster seat requirements to ensure our children are as safe as possible on Delaware’s roadways.”

Additionally, legislation to allow state-owned and operated snow plows to use a revolving or flashing green light will be introduced by Senator Spiros Mantzavinos and Representative William Carson. Green lights have been found to be better seen in snowy conditions than white or amber lights due to the increased contrast, and have been adopted for plows in recent years by states including Michigan and Ohio. Flashing or revolving lights on vehicles must be authorized through legislation.

“While it’s important to have adequate lighting on every vehicle, it’s especially critical to ensure that snow plows — which are only ever on the road during harsh weather conditions — are equipped with the lights they need to be visible,” said Senator Spiros Mantzavinos. “This simple bill will have a profound impact on road safety.”

“Snowstorms and other wintery conditions can make it challenging for others to see during winter weather operations,” said Representative William Carson. “Using green lights creates a greater contrast and improves visibility, making state owned vehicles more identifiable to other motorists, especially during snowstorms and other storm conditions. This bill will also ensure we are meeting National Highway Safety standards.”

“Emergency responders and roadside workers put themselves at risk every day to help people who are in need of emergency assistance or whose vehicles are broken down,” says Jana L. Tidwell, manager of Public and Government Affairs for AAA Mid-Atlantic. “Expansion of Delaware’s Move Over Law to include disabled vehicles displaying proper warning signals, including vehicle hazard lights, protects these vulnerable road users waiting at the roadside for assistance. As an organization committed to traffic safety, AAA asks motorists to slow down and move over when they see emergency vehicles or disabled motorists stopped at the side of the road. Their lives are on your shoulders.”

Additional information about the legislative package can be found at de.gov/trafficsafety

Video of the event can be found on Governor Carney’s YouTube.

Photos of the event can be found on Governor Carney’s Flickr.

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