What Delaware law says about red light cameras and electronic speed monitoring

This page quotes the Delaware Code (delcode.delaware.gov, retrieved 29 Oct 2026): subsection (d) of section 4101 of Title 21, on traffic light signal violation monitoring systems, and section 4170A of Title 21, on the electronic speed monitoring system. It also quotes statements of the Delaware Department of Transportation (DelDOT) on its Electronic Red Light Safety Program (ERLSP) and Electronic Speed Safety Program (ESSP) pages and in the FAQ documents linked from them (deldot.gov, retrieved 29 Oct 2026), listed under Sources below. It does not apply them to any notice. Confirm what your paper says.

US overview: What a mailed camera notice is. Contrast: What an NYC camera notice is · Three different California camera notices · Florida Notice of Violation vs Uniform Traffic Citation · Maryland school-zone speed monitoring vs SafeZones work-zone cameras · Colorado automated camera notices: CDOT Speed Enforcement vs local AVIS · Washington automated camera notices: local programs vs WSDOT work-zone cameras · Virginia automated camera notices: photo-speed, red light, and school-bus cameras · Tennessee automated camera notices: unmanned ASE, school-zone / S-curve speed, and school-bus cameras · Pennsylvania automated camera notices: red light, work-zone speed, Philadelphia speed, and school-bus cameras · Illinois automated camera notices: red light, Chicago safety-zone speed, school-bus stop-arm, and railroad-crossing cameras, plus state work-zone speed camera citations · New Mexico city camera notices: Albuquerque ASE and Santa Fe STOP speed cameras · Iowa automated speed camera citations: Iowa DOT-permitted fixed and mobile systems under Iowa Code chapter 321P · Texas red-light camera and city speed camera prohibitions: what Transportation Code chapter 707 and § 542.2035 say · Alabama camera notices: the state work-zone speed camera pilot under Act 2026-475 and city red-light camera local acts · Louisiana camera citations: what R.S. 32:43 to 32:49 say about school-zone speed cameras and red light cameras · Oregon camera citations: what ORS 810.434 to 810.444 say about city photo red light, city photo radar, and highway work-zone photo radar · Rhode Island camera citations: what chapters 31-41.2 and 31-41.3 say about red light cameras and school-zone speed cameras · North Carolina camera citations: what G.S. 160A-300.1, 160A-300.4 and 153A-246.1 say about red light cameras and school-zone speed cameras · South Carolina camera citations: what S.C. Code §§ 56-7-35, 56-5-710(B) and 56-5-70(E) say about citations based on photographic evidence · Minnesota camera citations: what Minn. Stat. §§ 169.147, 169.14 and 169.06 say about the traffic safety camera pilot program.

Another page quotes section 4169 of Title 21, on specific speed limits and penalties, with Justice of the Peace Court and Division of Motor Vehicles pages: What a Delaware speeding ticket is.

The Delaware Code text below is quoted from delcode.delaware.gov as shown when retrieved on 29 Oct 2026. Each page of the Code site is headed “Delaware Code Online”.

What 21 Del. C. § 4101(d) says about traffic light signal violation monitoring systems

21 Del. C. § 4101(d) is headed “Liability for failure of owner to comply with traffic light signals.”

(1) “The Department of Safety and Homeland Security and/or the governing body of any city or any county may provide, by regulation or ordinance, for the establishment of a program imposing monetary liability on the owner of a motor vehicle for failure to comply with traffic light signals in accordance with the provisions of this subsection. This subsection allows the Department of Transportation and/or the governing body of any city or county to install and operate traffic light signal violation monitoring systems; provided however, that in the event the installation other than by the Department of Transportation, the Department of Transportation must first approve such installation using the same recognized safety and accident criteria which the Department of Transportation uses to determine new locations; and provided further that the duration of the yellow light change interval, at any intersection where a traffic control photographic system or other traffic light signal violation monitoring system is in use, must be no less than the yellow light change interval duration specified in the design manual developed by the Department of Transportation. All existing locations erected without the Department of Transportation prior approvals shall be reviewed by the Department of Transportation using same recognized safety and accident criteria used to authorize new locations. Any location which fails to meet the criteria shall be removed upon end of the contract with the camera operator vendor.”
(2) “Jurisdictions operating an Electronic Red Light Safety Program can only issue right turn on red violations if there is safety and crash data to support it as determined by the Department of Transportation.”
(3) “Liability.” “The owner or operator of a vehicle which has failed to comply with a traffic light signal, as evidenced by information obtained from a traffic light signal violation monitoring system, shall be subject to a civil or administrative assessment not to exceed $110; provided, however, that the city or county may provide for an additional assessment not to exceed $10 if the civil or administrative assessment is not paid within 20 days, which assessment may be increased to an amount not to exceed $20 if the assessment is not paid within 45 days, and may be increased to an amount not to exceed $30 if the assessment is not paid within 90 days. Court costs or similar administrative fees not to exceed $35 may also be assessed against an owner or operator who requests a hearing to contest the violation and is ultimately found or pleads responsible for the violation or who fails to pay or contest the violation in a timely manner. No assessments and court costs other than those specified in this subsection may be imposed. A violation for which a civil assessment is imposed under this subsection shall not be classified as a criminal offense and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance. Assessments collected as a result of a traffic control signal monitoring system shall be paid to the city or county which controlled the monitoring system, or the General Fund for personnel, after first being applied to reimburse the applicable state agencies for their costs of administering such systems.”
(7) “Procedures to contest the violation.” “A person receiving the summons pursuant to this subsection may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the date. Upon receipt of a timely request for a hearing a civil hearing shall be scheduled and the defendant notified of the hearing date by first class mail. A civil hearing shall be held by the Justice of the Peace Court or such other entity as designated by the Department of Safety and Homeland Security or applicable county or city. The hearing may be informal and shall be held in accordance with Justice of the Peace Court rules or policy directive, regulation of the Department of Safety and Homeland Security, or by regulation, code or ordinance of the applicable city or county. Additional administrative collection processes may be established by court rule, policy directive, regulation, code or ordinance, as applicable. Costs for such hearing shall not be assessed against the prevailing party. There shall be no right of transfer to the Court of Common Pleas.”

That is the statute’s statement. This page does not say how that statement applies to a particular citation, license, or insurance policy. Subsection (d) has other paragraphs, (4) to (6) and (8) to (12), that this page does not cover. This page does not cover section 4101 of Title 11, and it does not say what amount applies to a particular notice. This page does not cover any city or county program.

What the DelDOT red light page and ERLSP FAQ say about the Electronic Red Light Safety Program

The DelDOT red light page, titled “Electronic Red Light Safety Program - Delaware Department of Transportation”, states: “Under the program, fines are sent to the registered owner of the vehicle. The fine for a violation is $137.50. This amount is calculated using three components: a base fine of $75.00, a surcharge of $37.50, a $10.00 assessment for the Volunteer Ambulance Company Fund, and a $15.00 assessment for the Fund to Combat Violent Crimes. Late charges can apply.”

That is the agency page’s statement. The page has other statements, including a list of locations, that this page does not cover. This page does not list enforcement locations; the Sources list below links the DelDOT page.

The DelDOT ERLSP FAQ document is headed “Electronic Red Light Safety Program”, “Frequently Asked Questions”, and “Updated: March 2026”. The ERLSP FAQ states, under “20. What if I don't pay the fine?”: “Failure to pay the fine or contest the violation in court can result in additional fees and penalties. An additional $10.00 charge is due if an uncontested Notice of Civil Violation is not paid within 30 days of the mailing date. This is increased to $20.00 if not paid within 60 days and to $30.00 if the Notice of Civil Violation is not paid within 90 days.”

That is the agency document’s statement. Answer 20 has other paragraphs, and the FAQ document has other questions and answers, that this page does not cover.

What 21 Del. C. § 4170A says about the electronic speed monitoring system

21 Del. C. § 4170A is headed “Electronic speed monitoring system [For application of this section, see 85 Del. Laws, c. 341, §§ 133, 134] [Expires June 30, 2028, pursuant to 84 Del. Laws, c. 74, § 2].”

21 Del. C. § 4170A(a) is headed “Purpose and administration.”

(1) “This section establishes an electronic speed monitoring system to assist the State, counties and municipalities in the enforcement of speed limits under §§ 4169 and 4170 of this title.”
(2) “The Department of Transportation, or the governing body of New Castle County or any municipality, may provide by regulation or ordinance, for the establishment of a program imposing monetary liability on the owner of a motor vehicle for failure to comply with designated posted speeds, as monitored by an electronic speed monitoring system in accordance with this section.”
(3) “This section does not apply to any authorized emergency vehicles being operated in compliance with § 4106 of this title.”

21 Del. C. § 4170A(c): “The Department of Transportation may approve the installation and use of an electronic speed monitoring system to be installed and used to record images of a motor vehicle travelling in a work zone, or in a residence district in either New Castle County or a municipality, if all of the following conditions are met:”

a. “If in a residence district, unless in a designated work zone, a study, which is no more than 1 year old and approved by the Department of Transportation, documents that the eighty-fifth percentile speed on the road is 5 miles per hour or greater than the posted speed limit.”
b. “If in a residence district the police agency with jurisdiction over the road has agreed to participate in the use of the system.”
c. “If the road is within the boundaries of a municipality the municipality must approve the road and extent of the road eligible for electronic speed monitoring.”
d. “The police agency, with jurisdiction over the road, must notify the Department of Transportation of the intent to use the electronic speed monitoring system at least 30 days in advance of implementation.”
e. “The Department of Transportation and police agency with jurisdiction must provide notice on their publicly-accessible web sites of the intended use of the electronic speed monitoring system at least 14 days prior to its implementation.”
f. “At least 1 sign must be installed advising motorists that the electronic speed monitoring system is in use.”

21 Del. C. § 4170A(c) also reads: “The Delaware State Police shall have enforcement authority over the electronic speed monitoring system in all work zones.”

21 Del. C. § 4170A(e): “For a violation to occur, a motor vehicle must exceed the posted speed limit by 11 miles per hour or more in the residence district or work zone.”

21 Del. C. § 4170A(f): “A person receiving the summons pursuant to this subsection may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the date of the summons.”

21 Del. C. § 4170A(g) is headed “Civil penalties.”

(1) “The owner or operator of a vehicle who has failed to comply with the posted speed limit, as evidenced by information obtained from an electronic speed monitoring system, shall be subject to a civil penalty consistent with those established under § 4169(c) of this title. Assessments defined under § 4105 of this title, §§ 4101 and 9016 of Title 11 and § 8505 of Title 10, shall only be assessed for violations occurring in a “work zone” as defined in subsection (b) of this section.”
(2) “Court costs, or similar administrative fees, not to exceed $35, may be imposed against an owner or operator of a motor vehicle who requests a hearing to contest a violation and is either found at fault or admits to fault at the hearing. No costs may be assessed against a prevailing party.”
(3) “No additional assessments or court costs, other than those specified in this subsection, shall be assessed or collected against the owner or operator of a vehicle who has violated this section.”
(4) “Persons electing to pay by voluntary assessment shall make payments to the entity designated on the summons for payment. Such entity may be the Department of Safety and Homeland Security, or the city or county in which the speed camera was located. Procedures for payment under this subsection shall be as provided by court rule or policy directive of the Justice of the Peace Court, or by regulation of the Department of Safety and Homeland Security, or by regulation, code, or ordinance of the applicable city or county, and shall be in lieu of the procedures set forth in § 709 of this title.”
(5) “A violation for which a civil penalty is imposed under this section is not a criminal offense and is not to be made a part of the operating record of the person upon whom such liability is imposed.”
(6) “A violation for which a civil penalty is imposed under this section shall not be used for insurance purposes in the provision of motor vehicle insurance.”

That is the statute’s statement. This page does not say how that statement applies to a particular citation, license, or insurance policy. This page quotes all of subsection (g). Section 4170A has other subsections and paragraphs that this page does not cover. This page does not quote 85 Del. Laws, c. 341, §§ 133 and 134, or 84 Del. Laws, c. 74, § 2, and it does not say whether any session law applies to a particular location. Sections 133 and 134 of that chapter concern electronic speed monitoring at particular locations, including violations issued there at a lower speed over the posted speed limit; this page does not list those locations, and it does not say which speed applies to a particular notice. This page does not quote section 4169, section 4170, section 4105, section 4106, or section 709 of Title 21, sections 4101 and 9016 of Title 11, or section 8505 of Title 10, and it does not say what amount applies to a particular notice.

What the DelDOT ESSP page and ESSP FAQ say about the Electronic Speed Safety Program

The DelDOT ESSP page, under “Electronic Speed Safety Program”, states: “The ESSP will provide automated speed enforcement in a work zone, or in a residence district in either New Castle County or a municipality of the state. ESSP enforcement zones within work zones will be enforced by the Delaware State Police. ESSP enforcement zones in a residence district in either New Castle County or a municipality will be enforced by the police agency with jurisdiction over the road.” It also states: “For a violation to occur, a motor vehicle must exceed the posted speed limit by 11 miles per hour or more. The ESSP imposes only civil penalties for violations and does not impose points on the owner or operator’s license, and insurance companies are not informed about the violation.”

Those are the agency page’s statements.

The DelDOT ESSP FAQ document is headed “Delaware Electronic Speed Safety Program (ESSP)”, “Frequently Asked Questions”, and “May 2026”. The FAQ document has two answers under the same question, “What is the fine? Are points assessed against my driver's license?”, in two sections.

The ESSP FAQ section headed “Work Zone Speed Enforcement” has an answer 26(a) to that question, which reads: “In work zones, the base fine is $20.00 and an additional amount is added for each mile per hour over the posted work zone speed limit in accordance with Del. C. §4169(c). For example, if the captured violation occurs at a speed of 58 mph in a posted 45 mph work zone, the fine is $20.00 plus an additional $13.00 which accounts for $1.00 for each mile per hour over the 45 mph work zone speed limit. Additionally, there is a work zone fine applied; the sum total of the base fine and the additional speeding fine is doubled. This is a civil violation; no points are assessed against your driver’s license and your insurance company is not notified.”

The ESSP FAQ section headed “Residence District Speed Enforcement” has an answer 30(a) to that question, which reads: “The base violation is $20.00 and an additional amount is added for each mile per hour over the posted speed limit in accordance with Del. C. §4169(c). For example, if the captured violation occurs at a speed of 39 mph in a posted 25 mph speed zone, the speed violation is $20.00 plus an additional $14.00 which accounts for $1.00 for each mile per hour over the 25 mph speed limit. This is a civil violation; no points are assessed against your driver’s license and your insurance company is not notified.”

Those are the agency document’s statements. Answers 26 and 30 have other paragraphs, including paragraphs that refer to other DelDOT documents, that this page does not cover, and the FAQ document has other questions and answers that this page does not cover. This page does not quote section 4169 of Title 21 here; the speeding page linked above quotes subsection (c) of it. This page does not list enforcement locations or dates; the Sources list below links the DelDOT pages.

Paths the notice describes (not which to choose)

Read which agency or police agency issued your paper, which section it names, the entity designated on it, any amount, the date, and the response instructions printed on it. We do not tell you which path to choose or what step to take.

Violation.com does not collect Delaware fines, penalties, or assessments. If you upload a camera notice, we summarize what the notice shows. It is not legal advice.

Upload the notice

Sources retrieved 29 Oct 2026:

Not legal advice. Not a law firm. Not affiliated with a government agency. Information Only.

Information on this page was last checked against official sources on November 7, 2026.