Delaware Code Title 21. Motor Vehicles § 6901A. Definitions

(1) “Abandoned motor vehicle” means as described in Chapter 44 of this title.

(2) “Nonconsensual tow” means the towing of a nonabandoned motor vehicle weighing 5,000 pounds or less other than at the direction of the police, without the consent of the motor vehicle's owner, operator, or other person designated by the owner or operator from a private or public parking area.  A “nonabandoned motor vehicle” is a motor vehicle that is not an abandoned motor vehicle.

(3) “Operator” means the person who most recently operated a motor vehicle and parked the vehicle in a private or public parking area.

(4) “Private parking area” means any privately owned facility or portion thereof held open to the general public for motor vehicle parking and that includes 1 or more spaces for motor vehicle parking and that are intended by the owner of the facility to be used primarily by the owner's customers, residents, lessees, or guests.

(5) “Private tow company” means any person engaged in the towing of motor vehicles pursuant to a contract or other agreement to remove a motor vehicle from private or public parking areas without the consent of the motor vehicle owner or operator.  For the purpose of this chapter, “private tow” company does not mean a person hired or contracted to remove a motor vehicle with the consent of the motor vehicle owner or operator, nor does “private tow company” mean a person that removes an abandoned motor vehicle under Chapter 44 of this title or that is contracted to remove motor vehicles at the direction of the police under Chapter 69 of this title.

(6) “Public parking area” means any facility or roadway space owned by this State, or any political subdivision thereof, consisting of 1 or more spaces for motor vehicle parking that is accessible to the general public and designated for parking during specified times or for a specified length of time.  “Public parking area” does not mean non-commercial roadways or other roadways on which motor vehicles are commonly parked for periods of time in excess of 24 hours.

(7) “Storage facility” means a facility to which privately-towed motor vehicles are brought and kept until retrieved or disposed of pursuant to this chapter.

(8) “Towing” means the transportation on the streets and highways of this State of motor vehicles, together with personal effects or cargo, by tow trucks.  “Wrecking service” or “wrecker service,” “tow car service,” and “garage tow truck service” are synonymous with and included within this definition.