AN ACT TO AMEND TITLES 9 AND 17 OF THE DELAWARE CODE RELATING TO TRAFFIC SAFETY.

There were 139 traffic fatalities in Delaware in 2021, the highest number of traffic fatalities since 2006. Senate Concurrent Resolution 94 of the 151st Delaware General Assembly set a goal of no more than 100 traffic fatalities per year and tasked state agencies to meet that goal by 2025. Instead of moving towards meeting the General Assembly’s goal, however, traffic fatalities increased to 165 in 2022, deepening the crisis on Delaware’s roads. To reverse this situation, the “Everyone Gets Home Act” makes changes to the Delaware Code to sharpen the Department of Transportation’s focus on the three most common types of fatal crashes: intersection (including driveway); roadway departure; and mid-block pedestrian. This Act clarifies the Department’s authority to designate controlled-access facilities as a safety countermeasure for both intersection and midblock pedestrian crashes and, when the facility designation has received the consent of county government, requires counties to use their own authority to assist the Department in consolidating vehicle entrances and exits to and from the facility. In addition, this Act authorizes the Department to designate roadways as low-speed streets and low-speed local roads in order to address fatal roadway departure crashes related to vehicle speed, and permits counties to request such designations to meet their own traffic safety goals. Finally, this Act expands the Department’s discretion to deploy new traffic-control devices in order to reduce fatal crashes. This Substitute Bill differs from HB 247 in that it does the following: (1) Clarifies that designated low-speed local streets and roads must be designed and operated with a Safe System Approach, as adopted by the United States Department of Transportation. (2) Includes “implementing corridor access management” as a safety countermeasure on designated low-speed local streets or roads. (3) Requires the Department to receive approval from the local law-enforcement agency with jurisdiction over a road before the Department designates such road a low-speed local street or road pursuant to a county or municipal government request. (4) Clarifies that the Department has discretion to adopt various standards for traffic-control devices or applications, even if they are different from uniform state standards, so long as they reduce fatal or serious injuries or are in accordance with a Safe System Approach. (5) Authorizes the Department to acquire property rights along highways to consolidate commercial entrances or to create new commercial interconnections when the Department determines such consolidation or interconnection would likely improve safety. (6) Removes Section 1 from the bill, which required counties to withhold permits for buildings abutting a controlled-access facility if necessary to obtain consent for vehicle access to and from adjacent properties. (7) Removes language that defined “full” and “partial” controlled-access facilities, and removes these terms from the rest of the bill. (8) Removes Section 7 of the bill that authorized the Department to designate and establish partial or full controlled-access facilities in any unincorporated area where there is a high incidence of fatal crashes related to the presence of highway entrances or exits. (9) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.