CHAPTER 255

MOTOR VEHICLES

PROVIDING SPECIAL LICENSE TAGS FOR MOTOR FARM TRUCKS

AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO MOTOR VEHICLES AND PROVIDING SPECIAL LICENSE TAGS FOR MOTOR FARM TRUCKS USED EXCLUSIVELY IN THE OPERATION OF FARMS; BY PROHIBITING THE USE OF SUCH MOTOR FARM TRUCKS FOR HIRE; BY PROVIDING FOR THE REGISTRATION FEE OF SUCH MOTOR FARM TRUCKS USED EXCLUSIVELY BY FARMERS IN THE OPERATION OF THEIR FARMS.

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

Section 1. That Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is further amended by striking out and repealing sub-paragraph (b) of 5550 Section 12 thereof and by inserting in lieu thereof a new sub-paragraph (b) of 5550 Section 12 thereof as follows:

(b) Each number plate shall have displayed thereon the registration number assigned to the vehicle, the name of this State, which may be abbreviated, and in the case of motor farm trucks used exclusively by farmers in the operation of their farms and which have been registered for the reduced fee as provided by law, such plates for such farm motor trucks shall also display in large type the letter "F" meaning for farm motor trucks only, provided, however, that in addition to the reduced registration fee to be paid for the registration of such motor farm trucks, the said owner thereof shall also pay to the Department the cost of such special number plates for such trucks. In case of vehicles registered for a gross rate of more than five thousand (5,000) pounds the number plate may also show the gross weight for which the vehicle is registered. At least one of the said number plates for each vehicle shall also show, in the manner determined by the Department and as hereinafter

provided, the period of expiration thereof for which the vehicle has been registered and the required registration fee paid. Each number plate and the identifying letters and numerals thereon, except the registration period or expiration thereof, shall be of sufficient size to be plainly readable at a distance of one hundred (100) feet during daylight. Upon the transfer of a vehicle or upon the expiration of registration for any other cause, the number plates assigned to a vehicle shall remain attached thereto.

, Section 2. That Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is further amended by adding a new section to said Chapter to be known and styled as 5640B. Sec. 102B. as follows:

5640B. Sec. 102B. DRIVING MOTOR FARM TRUCKS PROHIBITED WHEN:--It shall be unlawful for any person operating a motor farm truck which is registered by a farmer to be used exclusively by farmers in the operation of their farms under the reduced registration fee provided by law, and bearing "F" license tag, to hire or rent said motor farm trucks and/or permit the same to be used for hauling merchandise, farm products or other items whatsoever under rent, hire or for pay, or to use such motor farm trucks so registered as aforesaid for any use except in the operation of the farms owned or rented by the registered owner of such trucks and/or in aid of and assistance to other farmers for harvest purposes.

Section 3. That Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is further amended by striking out and repealing all of sub-paragraph (3) of sub-paragraph (b) of 5564. Sec. 26. thereof and inserting in lieu thereof a new sub-paragraph (3) (a) of sub-paragraph (b) of 5564. Sec. 26. thereof as follows:

(3) (a) For the registration of other motor vehicles, excepting those propelled by Diesel engines, One Dollar and Fifty Cents ($1.50) for each five hundred (500) pounds or fraction thereof of the gross load weight of the vehicle up to and including five thousand (5,000) pounds, and in the event the gross load weight shall exceed five thousand (5,000) pounds, Two Dol-

lars ($2.00) for each five hundred (500) pounds or fraction thereof over and above five thousand (5,000) pounds. The gross load weight shall be the weight of the chassis, body, equipment and maximum allowable load as specified by the application; provided, nevertheless, that the fee for registration of motor farm trucks owned and used exclusively by farmers who derive seventy per cent (70%) or more of their income from the operation of their farms shall be one-half (1/2) of the foregoing rates calculated on the gross load weight as defined herein, but in no case shall the fee for motor farm trucks be less than Ten Dollars ($10.00).

Section 4. This Act shall not apply to any motor truck having more than one rear axle.

Approved June 15, 1949.