Delaware Scrap Metal Laws

Payment Restrictions:

Fingerprinting:

Video Recording:

Tag and Hold:

License Scanning:

Vehicle Descriptions:

Taking Photographs of Materials:

Taking Photographs of Customers Faces:

Notify Law Enforcement:

NMVTIS Reporting:

Legal Mandates

Updated January 2014

***Effective July 31, 2013

State Requirements

In order to sell scrap metal, sellers will be required to:

         ·            Present a driver's license or state ID card;

         ·            Although no required, it is good practice to have sellers sign a statement indicating that they are the owner of or are authorized to sell the metal;

         ·            And, sign a statement that they have not been convicted of metal theft. 

Buyer’s must:

• Record make, model and license plate number of sellers vehicle used to transport scrap
• Keep a photograph or video tape (photo ID is acceptable) showing the face of the seller for every transaction regardless of the amount of sale.
• ***Keep a photograph of the items purchaced for every transaction.
• Keep a record of sellers name, address, phone number and date of sale
• All sales tickets must have date and time of the sale, as well as the name of the clerk completing the sale.
  • Must also show the weight, quantity and/or volume of the material.
  • Sales tickets must show dollar amount paid to seller.
  • Sales tickets must be signed by the seller.  Seller will receive a copy of the receipt and buyer will retain a copy.

         ·            Buyer must report purchased vehicle information to NMVTIS

         ·            Tag and hold policies are in effect for a minimum of 7 days for all purchases unless they are from a commercial entity.

         ·            If tag and hold is requested by law enforcement, they are to be held for an additional 30 days.

NOTE:  Keep records, certifications, registrations, etc. on site for 1 year. 

Scrap recyclers must maintain a record of all purchases for a minimum of one year and is subject to inspection by any law enforcement at any time. There is a 37-day tag-and-hold policy when notified by law enforcement to do so.

Any scrap metal processor may seize any goods offered to such person for sale which such person has reason to believe has been stolen. Such person shall immediately notify the law enforcement agency with jurisdiction over the premises where the sale took place or where the goods are currently located. Any person acting in compliance with this section shall be immune from civil or criminal penalties if that person acts in good faith.

It is illegal to purchase any goods from minors under the age of 18, with the exception of aluminum cans only or if they are accompanied by a parent, grandparent or guardian.

It is illegal to purchase goods from someone who is intoxicated or under the influence of illegal substances.

It is illegal to purchase artificial limbs or wheelchairs.

It is illegal to purchase materials or vehicles with altered or missing serial (VIN) numbers.

***It isillegal to purchase the following materials:  catalytic converters, beer kegs, cemetary urns, grave markers, or any property marked as belonging to a private, public or governmental entity,

Links to Other Important Information for Delaware Salvage/Recycling

Auto-Parts Salvage/Recycling

·         Tires – Specific regulations of tire storage and recycling can be found at http://delcode.delaware.gov/sessionlaws/ga140/chp205.shtml

·         General provisions for Delaware can be found at http://delcode.delaware.gov/title24/c023/sc01/index.shtml

·         Regulations for auto recycling can be found at http://delcode.delaware.gov/sessionlaws/ga133/chp318.shtml

·         Regulations for junk yards can be found at http://delcode.delaware.gov/sessionlaws/ga133/chp318.shtml

***http://delcode.delaware.gov/sessionlaws/ga147/chp156.shtml#TopOfPage

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