Lawmakers announce major overhaul to First State traffic safety initiatives

DELAWARE – First State lawmakers gathering Wednesday to announce a package of roadway safety initiatives and legislation. The announcement coming just days after a serious crash took the life of a Philadelphia man in Wilmington, backing up traffic on I-495 for hours.

Record-Breaking Year

2022 marked a record-breaking year for Delaware, as it saw 165 individuals killed on its roadways. It’s the highest number since 1988. So far in 2023, 32 people have died in Delaware traffic accidents.

Secretary Majeski shared these numbers as state leaders gathered at the Delaware Highway Memorial Garden in Smyrna. It was opened in 2007 to create a safe, peaceful place for family and friends to honor victims of fatal traffic accidents.

Delaware Governor John Carney says there are a lot of factors that play into the growing numbers. Adding, there are already too many bricks in the memorial garden.

Expanding Reckless Driving Charge

Currently, Delaware lawbooks rule that those convicted of reckless driving will be fined between $100 and $300, or imprisoned between 10 and 30 days, or both. Imprisonment may be suspended for a first offense.

“Every single morning I see an accident. I watch people cutting in and out of lanes, driving by me like I’m standing still,” said Sen. Hoffner. “When you start to drive 90 miles an hour, you are guaranteed to have a fatality during an accident. So, reckless driving is now going to be a criminal offense.”

Rep. Cooke, who served as law enforcement officer for three decades, says he has seen and investigated his fair share of fatal crashes. The notifications to next of kin, were anything but easy, he says.

Closing Open Containers

Meanwhile, Representative Timothy Dukes and House Majority Leader Valerie Longhurst are planning to introduce their own legislation, aimed at closing a major loophole.

Delaware is one of five states in the nation that does not have an open container restriction law; meaning, passengers can technically have an open container in a vehicle. Alcohol was a factor in 26% of fatal crashes in the First State in 2021.

The proposed bill would ban open containers in passenger vehicles. The legislation would not affect buses, taxis and limousines, or the living quarter sections of motor homes and trailers.

“This closes a loophole that really is against federal regulations, and it helps us stand up, and I really believe, do the right thing,” said Rep. Dukes.

Several years ago, Rep. Dukes introduced this same legislation. However, it failed. “It was obvious that we had done this before, and now we know we need to get this done. We keep evolving, and we need to strengthen our roads to ensure everybody is safe,” said Rep. Longhurst.

“Move Over” Legislation

In 2022, 13 people were killed in Delaware while inside or near stopped vehicles. Representative William Carson, Senate Majority Whip Elizabeth Lockman, and Senator Stephanie Hansen plan to introduce a bill to reduce that number.

The bill would require drivers to change lanes, or slow down, when approaching any stopped vehicle displaying warning signs. Warning signals may include vehicle hazard warning lights, road flares, traffic cones, caution signs, or any non-vehicular warning signs. Currently, the law only applies to tow trucks and emergency vehicles.

Sen. Hansen said in a press release that two of the top contributors to crashes are speeding and distracted driving. “Both of which can cause serious problems when there’s a disabled vehicle on the side of the road,” she continued.

Helmets Required For New Riders

Senate President Pro Temore David Sokola, Representative Sean Lynn, and Representative Danny Short are tackling roadway safety for motorcyclists. Their proposed legislation would require all riders to wear a helmet during their first two years of being licensed to drive a motorcycle. It would also extend the graduated helmet requirements to mopeds and tripeds.

DelDOT statistics show that 25% of serious injury and fatal crashes occurred among Delaware motorcyclists within two years of obtaining a license. Over the last five years, 35 motorcyclists were killed, and 143 serious injured, on Delaware roadways while not wearing helmets.

“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,” said Sen. Sokola in a press release.

Rep. Lynn added in the release that helmets reduce the risk of head injury by 69%. “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,” he continued.

Emphasizing Education, Increasing Child Safety

Another proposed bill aims to teach parents a lesson about first time child safety restraint offenses, rather than punish them. The proposed legislation will be sponsored by Senator Kyle Evans Gay and Representative Krista Griffith.

Under the bill, children under two years old, and weighing less than 30 pounds, would have to be strapped into a rear-facing seat with a five-point harness. Those under four years old, and weighing less than 40 pounds, would have to either be in a front or rear-facing seat with a five point harness. Between ages four and 16, children would be required to use a booster seat to the maximum height and weight limits, then use a seatbelt.

In addition to increasing safety requirements, the bill would also repeal penalties for first-time offenders. Enforcement of the bill would not start until after a year-long awareness campaign.

 Rep. Griffith says over the years, it has become obvious that children need increased precautions while traveling inside a motor vehicle.

“We all remember and share stories of being five years old, six years old, hanging out in the back of the station wagon with the window rolled down, bouncing around with like 13 kids back there, and everyone piled in without a seatbelt,” said Rep. Griffith. “But, look at the bricks [in this memorial garden]. We’ve learned a lot since those times about what works, and what doesn’t work; what’s safe and what’s not safe.”

“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,” said Dr. Kara Odom Walker of Nemours Children’s Health in a press release.

Safety In Low Visibility

Lawmakers also plan to introduce legislation to increase safety for state snow plow workers.

Senator Spiros Mantzavinos and Rep. Carson’s bill would allow state-owned and operated snow plows to use a revolving or green flashing light. Green lights are easier to see in snowy conditions, and have been used on snow plows in other states like Michigan and Ohio. However, flashing or revolving lights 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 in a press release. “This simple bill will have a profound impact on road safety.”

Rep. Carson adds that wintery conditions aren’t just challenging for the plow trucks and operators; they’re also difficult for other drivers. “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,” he said in a press release.

New DSP Unit

Governor Carney’s recommended budget for Fiscal Year 2024 also includes funding to create a Traffic Education and Enforcement Unit. The 11-officer unit will patrol Delaware’s highest incident roadways, in an effort to curb excessive speeding and prevent crashes.

Delaware Department of Safety and Homeland Security Secretary Nathaniel McQueen says Delaware State Police (DSP) already patrol 13,500 miles of roadways across the First State. This new unit, he says, will only increase safety.

But until that unit hits the streets, Secretary McQueen has this advice for drivers: slow down, wear your seatbelt, don’t drive intoxicated, avoid distractions, and make sure your children are properly secured and restrained.

Looking Ahead

Safety is a top priority for Governor Carney’s administration, he says. In addition to Wednesday’s announcement, initiatives are already underway by DSP and DelDOT to address traffic safety.

Those include increased speeding and distracted driving enforcement, and bolstering statewide multi-modal safety investments. Plus, illegal park trucking is seeing heavier enforcement, and a wrong-way driver notification pilot system is in the works. Increased intersection safety measures, like “don’t block the box” and cracking down on red light running, are also ongoing.

To learn more about Delaware’s traffic safety initiative, click here.