CHAPTER 38 - MOTOR VEHICLES

AN ACT TO AMEND CHAPTER 10 OF VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO MOTOR VEHICLES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Section 26, Title 4, Chapter 10 of Volume 36, Laws of Delaware,as amended by Chapter 10 of Volume 37, Laws of Delaware, and as further amended by Chapter 27 of Volume 38, Laws of Delaware, be and the same is hereby further amended by repealing all of said Section 26 as amended and by inserting in lieu thereof the following:


Section 26. There shall be paid to the Department for the Registration of Motor Vehicles, Trailers, and Semi-Trailers fees according to the following schedule:

For the registration of any Motor-Cycle the fee shall be Four Dollars ($4.00).

For other Motor Vehicles, except those propelled by Diesel engines, the fee shall be One Dollar and Fifty Cents ($1.50) for every five hundred (500) pounds or fraction thereof of the gross load weight of the vehicle up to and including five thousand (5,000) pounds; in the event the gross load weight shall exceed five thousand (5,000) pounds, the fee for each five hundred (500) pounds or fraction thereof over and above five thousand (5,000) pounds shall be Two Dollars ($2.00) for each five hundred (500) pounds or fraction thereof. The gross load weight shall be the weight of the chassis, body, equipment and maximum allowable load as specified by the applicant. For Motor Vehicles propelled by Diesel engines the fee shall be twice the amount of the fee as is in this paragraph above provided for other Motor Vehicles.

The gross load weight of a vehicle, the use of which is for pleasure or for the chief purpose of carrying persons, shall be ascertained by multiplying the maximum number of persons the vehicle is provided to carry by one hundred twenty-five (125) pounds and adding the result thereby obtained to the weight of the vehicle as specified in the application.

The fee to be paid for the registration of a Convertible Vehicle shall be estimated upon that gross load weight which shall be the greater whether or not the vehicle is a carrier of persons or a carrier of property.

The fee for registering motor vehicles at any period between July the first and December the fifteenth shall be 505 of those as above enumerated.

The fee for licensed manufacturers or dealers shall be Twenty Dollars ($20.00) for the first registration (to cover two sets of plates), and Eight Dollars ($8.00) for each additional set of plates.

Section 2. That Section 59 of Volume 36, Laws of Delaware, as amended by Chapter 13 of Volume 37, Laws of Delaware be and the same is hereby further amended by repealing the words "As the result of the bad operating record of any such person", as they appear in the last two lines of paragraph (d) of said Section 59, as amended, as aforesaid.

Section 3. That Section 59 of Volume 36, Laws of Delaware, as amended by Chapter 13 of Volume 37, Laws of Delaware, be and the same is hereby further amended by adding thereto an addi-, tional paragraph, as follows:

(e) The Department, for sufficient reasons, shall have authority to refuse to issue any form of license or permit to any applicant or to revoke any such license by the said Department heretofore issued. Provided, however, that upon such refusal or revocation, such applicant shall have a right of appeal to the Court of General Sessions of the County in which he resides, but in the case of revocation such appeal shall not operate as a stay.

Section 4. That Section 135 of Chapter 10 of Volume 36, Laws of Delaware, be and the same is hereby amended by adding thereto the following:

Any person failing to answer any summons to appear in any court of competent jurisdiction to answer for any violation of the motor vehicle laws of this State, after notice thereof served personally or securely fastened to the motor vehicle of which such person is the owner or operator, and any person holding an operator's or chauffeur's license issued to him or her, under the laws of this State, or having a motor vehicle or tractor registered in his or her name, under the laws of this State, and shall fail or neglect, within one week after any change of his or her address, to notify the Department of any such change of address, shall be deemed guilty of a misdemeanor and, upon conviction thereof in any Court of competent jurisdiction, shall be punished in accordance with Section 141.

Section 5. That Chapter 10 of Volume 36, Laws of Delaware, be and the same is hereby amended by adding immediately after Section 135 thereof the following new Section, to be styled Section 135A., as follows:

Section 135A. Motor Vehicles to Carry Flares or Similar Devices:--

(a) No person shall operate any motor truck upon a highway outside of a business or residence district at any time from a half hour after sunset to a half hour before sunrise unless there shall be carried in such vehicle a sufficient number of flares, not less than three, or electric lanterns or other signals capable of continuously producing three warning lights each visible from a distance of at least 500 feet for a period of at least 8 hours, except that a motor vehicle transporting flammables may carry red reflectors in place of the other signals above mentioned.

Every such flare, lantern, signal, or reflector shall be of a type approved by the commissioner and he shall publish lists of those devices which he has approved as adequate for the purposes of this section.

(b) Whenever any motor truck and its lighting equipment are disabled during the period when lighted lamps must be displayed on vehicles and such motor truck cannot immediately be removed from the main travelled portion of a highway outside of a business or residence district, the driver or other person in charge of such vehicle shall cause such flares, lanterns, or other signals to be lighted and placed upon the highway, one at a distance of approximately 100 feet in advance of such vehicle, one at a distance of approximately 100 feet to the rear of the vehicle and the third upon the roadway side of the vehicle, except that if the vehicle is transporting flammables three red reflectors may be so placed in lieu of such other signals and no open burning flare shall be placed adjacent to any such last mentioned vehicle.

() No person shall at any time operate a motor truck transporting explosives as a cargo upon a highway unless it carries flares or electric lanterns as herein required, but such flares or electric lanterns must be capable of producing a red light and shall be displayed upon the roadway when and as required in this section.

Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof in any Court of competent jurisdiction, shall be punished in accordance with Section 141.

Section 6. That Chapter 10 of Volume 36, Laws of Delaware, be and the same is hereby amended by repealing all of Section 139 thereof, and by inserting in lieu thereof two new Sections, to be styled 139 and 139A.

Section 139. Injuring Signs:--Any person who shall deface, injure, knock down or remove any sign posted as provided in this Act shall be guilty of a misdemeanor, punishable as provided in Section 142.

Section 139A. Vehicles Transporting Explosives:--Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section.

(a) Said Vehicle shall be marked or placarded on each side and the rear with the word "Explosives" in letters not less than 8 inches high, or there shall be displayed on the rear of such vehicle a red flag not less than 24 inches square marked with the word "Danger" in white letters 6 inches high.

(b) Every said vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used.

(c) The commissioner is hereby authorized and directed to promulgate such additional regulations governing the transportation of explosives and other dangerous articles by vehicles upon the highways as he shall deem advisable for the protection of the public.

Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof in any Court of competent jurisdiction, shall be punished in accordance with Section 142.

Section 7. That Chapter 10 of Volume 36, Laws of Delaware, by adding immediately after Section 91 thereof two additional Sections, to be styled 91A. and 9113., as follows:

91A. Overtaking and Passing School Bus:--

(a) The driver of a vehicle upon a highway outside of a business or residence district upon meeting or overtaking any school bus which has stopped on the highway for the purpose of receiving or discharging any school children shall drive at a speed which is reasonable and prudent and with due caution for the safety of any such children and in no event in excess of 10 miles per hour in passing such school bus.

(b) This section shall be applicable only in the event the school bus shall bear upon the front and rear thereon.a plainly visible sign containing the words "school bus" in letters not less than 4 inches in height which can be removed or covered when the vehicle is not in use as a school bus.

91B. Regulations Relative to School Buses:--

(c) The State Board of Education, by and with the advice of the Motor Vehicle Commissioner, shall adopt and enforce regulations not inconsistent with this act to govern the design and operation of all school buses used for the transportation of school children when owned and operated by any school district or privately owned and operated under contract with any school district in this State and such regulations shall by reference be made a part of any such contract with a school district. Every school district, its officers and employees, and every person employed under contract by a school district shall be subject to said regulations.

(d) Any officer or employee of any school district who violates any of said regulations or fails to include obligation to comply with said regulations in any contract executed by them on behalf of a school district shall be guilty of misconduct and subject to removal from office or employment. Any person operating a school bus under contract with a school district who fails to comply with any said regulations shall be guilty of breach of contract and such contract shall be canceled after notice and hearing by the responsible officers of such school district.

Section 8. That Chapter 10 of Volume 36, Laws of Delaware, be and the same is hereby amended by adding, immediately after Section 123 (b), a new paragraph, as follows:

(e) Performance Ability of Brakes:

1. The service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop such vehicle or vehicles when traveling 20 miles per hour within a distance of 30 feet when upon dry asphalt*or concrete pavement surface free from loose material where the grade does not exceed 1 percent.

2. Under the above conditions the hand brake shall be adequate to stop such vehicle or vehicles within a distance of 55 feet and said hand brake shall be adequate to hold such vehicle or vehicles stationary on any grade upon which operated.

3. Under the above conditions the service brakes upon a motor vehicle equipped with two-wheel brakes only, and when permitted hereunder, shall be adequate to stop the vehicle within a distance of 40 feet and the hand brake adequate to stop the vehicle within a distance of 55 feet.

4. All braking distances specified in this section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under this act.

5. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

Section 9. That Chapter 10 of Volume 36, Laws of Delaware, be and the same is hereby amended by adding immediately after 124 (b), two new paragraphs, as follows:

(c) The commissioner and such officers and employees of the department and such other police officers as the comissioner may authorize in writing may, upon reasonable cause, require the driver of a vehicle to stop and submit such vehicle and its equipment to an inspection and such test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or the required equipment is not present or is not in proper repair and adjustment the officer shall give a written notice to the driver and shall send a copy thereof to the department. Said notice shall require that such vehicle be placed in safe condition and its equipment in proper repair and adjustment and a certificate of inspection and approval for such vehicle be obtained within 5 days.

Every owner or driver upon receiving any such notice shall comply therewith and shall within said 5 days secure an endorsement upon such notice by an official inspection station that such vehicle is in safe condition and its equipment in proper repair and adjustment and shall then forward said notice to the department.

(d) No person shall operate any vehicle after receiving a notice with reference thereto as above provided except as may be necessary to return such vehicle to the residence or the place of business of the owner or driver if within a distance of 20 miles, or to a garage, until said vehicle and its equipment has been placed in proper repair and adjustment and' otherwise made to conform to the requirement of this act.

Section 10. That Chapter 10 of Volume 36, Laws of Delaware, as amended by Chapter 10 of Volume 37, Laws of Delaware, be and the same is hereby further amended by adding immediately after Section 114 a new Section to be styled Section 114A., as follows:

114A. Scope and Effect of Regulations:

(a) It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which is equipped in any manner in violation of this article, or for any person to do any act forbidden or fail to perform any act required under this article.

(b) The provisions of this article with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.

Section 11. That Chapter 10 of Volume 36, Laws of Delaware, as amended by Chapter 10 of Volume 37, Laws of Delaware, be and the same is hereby further amended by adding to paragraph (e) of Section 117 thereof, the following:

The gross weight of a trailer and load together shall not exceed twenty-two thousand (22,000) pounds.

Section 12. That Chapter 10 of Volume 36, Laws of Delaware, as amended,by Chapter 10 of Volume 37, Laws of Delaware, be and the same is hereby further amended by repealing all of paragraph (b) of Section 107 thereof, and by inserting a new paragraph (b), as follows:

(b) The driver of any vehicle involved in an accident resulting in apparent damage to property shall immediately stop such vehicle at the scene of such accident and any such person violating this provision shall upon conviction be punished as provided in Section 144 of this Act.

Approved April 18, 1935.