CHAPTER 187

MOTOR VEHICLES

RELATIVE TO INSPECTION AND FRONT NUMBER PLATES

AN ACT GRANTING CERTAIN EMERGENCY WAR POWERS TO THE STATE HIGHWAY DEPARTMENT WITH RESPECT TO THE ELIMINATION OF THE FRONT NUMBER PLATES ASSIGNED TO A MOTOR VEHICLE AND PERMITTING THE STATE HIGHWAY DEPARTMENT TO WAIVE MOTOR VEHICLE INSPECTIONS AND TO MAKE RULES AND REGULATIONS IN RESPECT TO INSPECTION REQUIREMENTS, FOR THE DURATION OF THE PRESENT WAR AND FOR SIX MONTHS AFTER THE TERMINATION THEREOF.

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

Section 1. Short Title. This Act may be cited as the "Highway Emergency Act of 1943."

Section 2. Declaration of Policy. By reason of the war in which the United States of America is presently engaged, and in order to conserve materials needed and to facilitate transportation of persons and property as is deemed essential to the prosecution of such war or to the domestic wartime economy of the State, it is hereby found and declared to be necessary that the State Highway Department be granted certain powers relating to conservation of materials and transportation.

Section 3. Elimination of Front Number Plate. The State Highway Department is authorized to suspend the application of any statute requiring two number plates to be assigned to a motor vehicle, and may promulgate an order, rule or regulation requiring only one number plate to be assigned to a motor vehicle. said plate to be attached in the rear thereof.

Section 4. Suspension or Modification of Inspection Requirements. The State Highway Department is authorized to suspend the application of any statute requiring the inspection of a motor vehicle, and may promulgate rules, orders or regulations modifying or eliminating any such statutory inspection requirement when the Department shall determine that equipment required by law, or replacement parts, or repair services are not available and/or adequate by reason of the war emergency.

Section 5. Rules, Orders, Regulations; Filing Thereof; Force and Effect of Law. Any order, rule or regulation, or any amendments thereto, promulgated by the State Highway Department under the authority of this Act shall, upon being filed with the Motor Vehicle Commissioner, have the force and effect of law.

Section 6. Amendment or Rescission of Orders, Rules and Regulations. The State Highway Department is authorized and empowered to amend and rescind any order, rule or regulation promulgated by it under the authority of this Act.

Section 7. Penalties. Any person who violates any of the orders, rules or regulations or any amendments thereto promulgated by the State Highway Department pursuant to this Act shall, upon conviction thereof before a Court of competent jurisdiction, be punished for the first offense by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) or by imprisonment for not less than ten days, nor more than ninety days, or by both such fine and imprisonment, and shall be punished for each subsequent like offense by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) or by imprisonment for not less than twenty days nor more than six months, or by both such fine and imprisonment.

Section 8. Severability. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Section 9. Effective Date; Termination. An emergency existing this Act shall take effect immediately upon the approval thereof by the Governor and shall remain in force for the duration of the present war and for six months after the termination thereof.

Approved March 15, 1943.