§ 8401. Establishment of Department. (a) The Department of Transportation is hereby established. The Department, through appropriate divisions, authorities, subdivisions, offices and administrations shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the Department of Highways and Transportation immediately prior […]
§ 8402. Definitions. As used in this chapter: (1) “Authority” or “Transportation Authority” means Delaware Transportation Authority. (2) “Corridor route” means any existing or proposed road in an urban or rural area which is classified as part of the “principal arterial highway system” as defined in the National Highway Functional Classification Studies on record with […]
§ 8403. Secretary; Deputy Secretary; division directors; Acting Secretary; appointment. (a) (1) The administrator and head of the Department shall be the Secretary of the Department of Transportation, who shall be a person qualified by training and experience to perform the duties of the office and preference shall be given to a resident of this […]
§ 8404. Powers, duties and functions of the Secretary. The Secretary shall have the following powers, duties and functions: (1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees; (2) To appoint, and fix the salary of, with the written approval of the Governor, […]
§ 8405. Office of Administration. The Office of Administration is hereby established having powers, duties and functions as follows: (1) The Office of Administration shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Controller of the State Highway Department, as […]
§ 8406. Division of Highways. The Division of Highways is hereby established having powers, duties and functions as follows: (1) The Division of Highways shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in: a. The State Highway Department pursuant to Chapters […]
§ 8409. Council on Transportation. (a) There is hereby established a Council on Transportation. (b) The Council shall serve in an advisory capacity, except as otherwise provided, to the Secretary, the Deputy Secretary, the Transportation Directors and the Governor, and shall do all of the following: (1) Consider matters relating to transportation in the State […]
§ 8410. Council on Transportation — Books; records; access; annual report. (a) The Council on Transportation shall have access to all books, records, reports and other documents relating to the divisions and offices of the Delaware Department of Transportation unless otherwise prohibited by law. (b) The Chairperson of the Council on Transportation shall make an […]
§ 8411. Exemptions. The following positions and administrations set forth in this chapter shall be exempt from Chapter 59 of this title: (1) Secretary of the Department of Transportation; (2) Director of the Transportation Authority; (3) Director of the Division of Highways; (4) Director of the Office of Administration; (5) Head of the Office of […]
§ 8412. Assumption of powers. The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Highway Department and the Department of Transportation immediately prior to the effective date of this chapter […]
§ 8413. Appeals. Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Department or to any divisions or subdivision thereof shall continue to exist with respect to such act or acts as hereafter […]
§ 8414. Employees; definitions and references in other laws. (a) All employees of any commission, board, department, council or agency, to the extent that the same are consistent with this chapter and in connection with a function transferred by this chapter to the Department, shall continue and be deemed to be the employees of the […]
§ 8415. Annual report. The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law. 29 Del. C. 1953, § 8414; […]
§ 8416. Misnomer of Department in donation. Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, […]
§ 8417. Budgeting and financing. (a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated […]
§ 8418. Supremacy. All other laws, or parts of laws, now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended as far as necessary to conform to, and give full force and effect to, this chapter. 29 Del. C. 1953, § 8418; 57 Del. Laws, c. 671, § 15; 60 Del. […]
§ 8419. Transportation priority planning. The Department of Transportation, with Council approval, shall: (1) Establish a method of determining current needs and costs of the entire multi-modal transportation requirements in the State which will be utilized in allocating capital funds for the Capital Transportation Program. The costs will be updated annually. (2) a. Establish a […]
§ 8420. Division of Motor Vehicles. The Division of Motor Vehicles is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in: (1) The State Highway Department, the State Highway Commission, the Motor Vehicle Department and the Motor Vehicle Commissioner, pursuant to Chapters 1, 3, 7, 21, […]
§ 8421. Community Transportation Fund reporting requirement. (a) Beginning on January 1, 2021, the Secretary shall publish on the Department’s website the transaction history for funds allocated to each member of the General Assembly under the Community Transportation Fund, separated by fiscal year and beginning with transaction history information for fiscal year 2021. (b) The […]
§ 8422. Transportation Infrastructure Investment Fund; Fund Council. (a) The Transportation Infrastructure Investment Fund (Fund) is established to provide economic assistance for renovation, construction, or any other type of improvements to roads and related transportation infrastructure in order to attract new businesses to this State, or expand existing businesses in this State, when such an […]
