CHAPTER 70

MOTOR VEHICLES - TEST AND APPROVAL OF LAMPS, FLARES, REFLECTORS AND OTHER DEVICES

AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO TEST AND APPROVAL OF LAMPS, FLARES, REFLECTORS AND OTHER DEVICES.

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

Section 1. That 5670. Sec. 132 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby amended by repealing paragraphs designated as (a) and (b) thereof and substituting therefor the following:

(a) It shall be unlawful for any person to sell or offer for sale, either separately or as a part of the equipment of a motor vehicle, or to use upon a highway any electrical headlamp, auxiliary driving lamp, rear lamp, signal lamp, flare, reflector or other lighting or signal lamp or device unless of a type which has been submitted to the Motor Vehicle Commissioner for test and for which a certificate of approval has been obtained from the Commissioner as hereinafter provided. The Commissioner shall adopt and enforce standard specifications as to the amount, color and direction of the light to be emitted by all lamps for compliance with the requirements and limitations set forth in Sections 128, 129 and 130, and the efficiency and adequacy of flares, reflectors and other similar devices; and he shall determine whether such lamps, flares, reflectors and other devices submitted will comply with the requirements of this chapter and the specifications adopted by him, and he shall approve such lamps, flares, reflectors and other devices, and publish lists thereof by name and type, together with the permissible candlepower rating of the bulbs as he shall determine are lawful hereunder.

(b) Any person desiring approval of a device shall submit to the Commissioner two sets of each type of device as to which approval is desired together with a fee of Twenty-five Dollars ($25.00) for each type of headlamp and auxiliary driving lamp, and a fee of Ten Dollars ($10.00) for each type of rear lamp, signal lamp, flare, reflector or other device submitted. Within thirty (30) days the Commissioner shall, upon notice to the applicant, submit such device to the United States Bureau of Standards or to such other recognized testing laboratory as he may elect for a report as to the compliance of such type of device with the standard specifications and the provisions of this Chapter as to lighting performance. The Commissioner is authorized and required to accept the certificate of the United States Bureau of Standards, or of some other recognized testing laboratory, as to compliance with the specifications and requirements; provided, however, that in cases of dispute as to the findings of such other laboratory, appeal may be made to the United States Bureau of Standards; and provided also that the Commissioner is authorized to refuse approval of any device, certified as complying with the specifications and requirements, which the Commissioner determines will be in actual use unsafe or impracticable or would fail to comply with the provisions of this Chapter.

Approved March 20, 1947.