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HB363 • 2025

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RESIDENTIAL SPEED LIMITS.

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RESIDENTIAL SPEED LIMITS.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Berry
Last action
2026-05-14
Official status
House Public Safety & Homeland Security 4/15/26 (Tabled in Committee)
Effective date
Not listed

Plain English Breakdown

The official source material does not provide details on who will pay for updating the signs and whether all local authorities will complete sign updates within five years.

Changing Speed Limits in Residential Areas

The bill lowers the legal driving speed in Delaware's residential areas from 25 mph to 20 mph.

What This Bill Does

  • Changes the default speed limit for residential streets from 25 miles per hour (mph) to 20 mph.

Who It Names or Affects

  • Drivers in residential areas of Delaware

Terms To Know

Residential district
An area where people live, usually with houses or apartments.

Limits and Unknowns

  • The bill does not specify who will pay for updating the signs.
  • It is unclear if all local authorities will complete sign updates within five years.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Berry

PWB 5/14/26

Plain English: This amendment changes how residential speed limits are set and when they can be enforced in Delaware.

  • Changes 'residential district' to 'residence district' in the bill text.
  • Adds that agencies owning roadways have discretion to decide if a speed limit of 20 or 25 miles per hour should apply in residence districts.
  • Updates when lower speed limits can be enforced, stating they cannot be enforced until new signs are posted.
  • The amendment does not specify which agencies have the discretion to set these speed limits.

Bill History

  1. 2026-05-14 Delaware General Assembly

    Amendment HA 1 to HB 363 - Introduced and Placed With Bill

  2. 2026-05-05 Delaware General Assembly

    Tabled in Committee

  3. 2026-04-15 Delaware General Assembly

    Introduced and Assigned to Public Safety & Homeland Security Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RESIDENTIAL SPEED LIMITS.
This Act changes the statutory speed limit for residential districts to 20 miles per hour. This Act provides a 5-year window for signage to be updated.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Berry & Sen. Huxtable

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 363

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RESIDENTIAL SPEED LIMITS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4169, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4169. Specific speed limits; penalty.

(a) Where no special hazard exists, the following speeds shall be lawful, but any speed in excess of such limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful [for] all types of vehicles:

(1) 25 miles per hour in any business district;

(2)

25

20

miles per hour in any residential district;

Section 2. Amend § 4170, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4170. Speed limits set by local authorities.

(a) Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering

and

or

traffic investigation that the absolute speed permitted under this chapter is greater than is reasonable or safe under the conditions found to exist, such local authority, subject to subsection (c) of this section, shall determine and declare a reasonable and safe absolute speed limit, which shall be effective when appropriate signs giving notice thereof are erected.

Section 3. This Act is effective immediately, but the lower speed limit on residential roadways may not be enforced until the earlier of the following:

(1) When the agency or entity with responsibility for the roadway has posted new signage with the updated speed limit on the roadway.

(2) Five years from the effective date of this Act.

SYNOPSIS

This Act changes the statutory speed limit for residential districts to 20 miles per hour. This Act provides a 5-year window for signage to be updated.