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: 2026-06-24
Official status: Passed 6/24/26
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Lowering Residential Speed Limits in Delaware

This bill changes the legal speed limit on residential roads in Delaware from 25 miles per hour to 20 miles per hour.

What This Bill Does

Changes the default speed limit for all vehicles in residential districts to 20 miles per hour.
Removes the previous statutory limit of 25 miles per hour for these areas.
Allows local authorities to set different limits if an engineering or traffic investigation shows it is needed.

Who It Names or Affects

Drivers of all vehicle types traveling in residential districts
Local agencies responsible for posting road signage

Terms To Know

Residential district: An area where people live, as defined by state law.
Statutory speed limit: The maximum legal driving speed set directly in the written laws of the state.

Limits and Unknowns

Enforcement cannot begin until road signs are updated or five years have passed, whichever comes first.
Local authorities may still change limits if a traffic study finds different speeds are safer.

Amendments

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

HA 1

1 • Berry

Passed 6/11/26

Plain English: This amendment gives road agencies more choice when setting residential speed limits, fixes a word definition error, and stops enforcement of new low speeds until signs are posted.

It changes the law to let the agency that owns the roadway decide whether to set the speed limit at 20 or 25 miles per hour in residence districts.
It corrects a word error by changing 'residential' to 'residence' so it matches other laws in Title 21.
It adds a rule saying police cannot enforce lower residential speed limits until the responsible agency puts up new signs showing those speeds.

The text does not explain which specific agencies have this power or how they will make their decisions between 20 and 25 miles per hour.
It is unclear if existing speed limits on roads without new signage are automatically changed by this law.

Bill History

2026-06-24 Delaware General Assembly
Passed By Senate. Votes: 21 YES
2026-06-18 Delaware General Assembly
Reported Out of Committee (Environment, Energy & Transportation) in Senate with 1 Favorable, 5 On Its Merits
2026-06-11 Delaware General Assembly
Amendment HA 1 to HB 363 - Passed In House by Voice Vote
2026-06-11 Delaware General Assembly
Passed By House. Votes: 39 YES 2 ABSENT
2026-06-11 Delaware General Assembly
Assigned to Environment, Energy & Transportation Committee in Senate
2026-06-09 Delaware General Assembly
Lifted From Table in Committee
2026-06-09 Delaware General Assembly
Reported Out of Committee (Public Safety & Homeland Security) in House with 7 On Its Merits
2026-05-14 Delaware General Assembly
Amendment HA 1 to HB 363 - Introduced and Placed With Bill
2026-05-05 Delaware General Assembly
Tabled in Committee
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

Rep. Ortega; Sen. Seigfried

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)

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

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.