DELAWARE - A new package of initiatives and legislation designed to improve safety on Delaware's roadways was announced Wednesday. Governor John Carney said that Delaware had 165 traffic deaths in 2022, tying its own past record. The state has already had 30 traffic deaths this year, according to Secretary of Transportation Nicole Majeski.
Bills focus on curbing reckless driving, prohibiting open containers of alcohol, expanding "move over" protections beyond first responders, requiring helmets in the first two years of a motorcycle license, strengthening child safety seat requirements, and enabling flashing green lights instead of white or amber lights on snow plows to increase visibility.
Per the new legislative package, speeding at 90 mph or more would be classified as a reckless driving offense. Senator Kyra Hoffner said Wednesday that Delaware is among the states with the highest amount of traffic fatalities, many of which involve or are the direct result of speeding drivers.
"By penalizing drivers who travel at extreme speeds, we can hopefully change behaviors and help save lives," Hoffner said.
The new open container legislation would ban open containers in passenger vehicles, though not in buses, taxis, limos, or the living quarter sections of motor homes or trailers. Open containers are already not allowed in Uber and Lyft vehicles.
"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."
The goal of new "move over" protections is to provide extra space and mitigate accidents from happening. Drivers would be required to change lanes or reduce speed while approaching any stationary vehicle on a road shoulder or in the roadway displaying hazard lights, traffic cones, or other warning signs. Currently, the law only applies to emergency vehicles and tow trucks. In 2022, 13 people were killed in the state while in or near stopped vehicles.
Enforcement of new child safety seat requirements would not take place until after a year-long awareness campaign. The proposed revision adds specificity to a law that currently only requires an "appropriate" car seat or booster. If passed, new legislation would require children under two years of age and under 30 pounds to be in a rear-facing seat with a five point harness, and those under four years old and under 40 pounds to be in a front- or rear-facing seat with a five point harness. Older children from 4-16 years of age would be required to use a booster to the maximum height and weight limits, and then use a seatbelt.
This new legislation was introduced to support current efforts by DelDOT and Delaware State Police to address traffic safety, which include the pilot of a wrong way driver notification system, increased enforcement for speeding and distracted drivers, increased multi-modal safety investments statewide, and more.
Also included previously in Governor John Carney's recommended state budget is the creation of a traffic education and enforcement unit of 11 officers who would patrol Delaware's highest incident roadways to help curb excessive speeding and prevent accidents.