Delaware § 7106 - Use of state-owned vehicles; penalty; exemptions.

§ 7106. Use of state-owned vehicles; penalty; exemptions.

(a) No motor vehicle owned by any agency/school district, except as otherwise indicated herein, shall be driven by an employee before or after the prescribed working hours of that employee.

(b) When not on official State business, every motor vehicle owned by any agency/school district, with the exception of those vehicles exempted under subsection (c) of this section, shall be parked at the agency or motor pool location to which the vehicle is assigned.

(c) Specifically exempted from subsections (a) and (b) of this section are the Governor’s car, law-enforcement vehicles and vessels of State agency law-enforcement personnel covered under the provisions of the Police Officer Standards and Training Commission and those vehicles exempted by the Director of the Office of Management and Budget. The Director of the Office of Management and Budget shall promulgate a policy concerning these exemptions. This policy shall include rules which allow certain vehicles to be parked at locations other than a motor pool or agency site if warranted by emergency or business activities of certain employees and/or security requirements of certain vehicles.

(d) Those vehicles designated by the Governor or the Governor’s designee for the transportation of State employees commuting to and from their prescribed places of employment, provided that the vehicles are part of a specific pooling program, shall also be exempt from subsection (b) of this section. Each such vehicle pooling program and costs thereof shall be approved by the Director, Office of Management and Budget prior to starting operations and shall provide that the State be reimbursed for the entire cost of the vehicle and all operating costs thereof by its users. After the initial year of operation, and in each successive year, the Director, Office of Management and Budget shall determine an appropriate cost factor for each approved pooling program.

(e) Whoever violates this section, for the first offense, shall be fined not less than $10 nor more than $25. For each subsequent like offense, the violator shall be fined not less than $25 nor more than $50. Justice of the Peace Courts shall have jurisdiction over offenses under this section.

60 Del. Laws, c. 660, §  1;  63 Del. Laws, c. 57, §§  1, 2;  65 Del. Laws, c. 87, §  40;  69 Del. Laws, c. 136, §  5;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 88, §  16(5);  76 Del. Laws, c. 80, §  71;  84 Del. Laws, c. 149, § 14;