CHAPTER 543

AN ACT TO AMEND TITLE 21, CHAPTER 45, SECTION 4506, DELAWARE CODE, RELATING TO POLICE OFFICERS AUTHORITY TO WEIGH VEHICLES AND REQUIRE REMOVAL OF EXCESS LOADS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 21, Chapter 45, is amended by repealing the present Section 4506 and adding a new Section 4506 to read as follows:

§ 4506. Police authority to weigh vehicles and require removal of excess loads

Any police officer having reason to believe that the weight of a vehicle and load is unlawful, may weigh the same either by means of portable or stationary scales, and may require that such vehicle be driven to a designated scale location and be weighed if such scales are within a distance of 5 miles. The officer may then require the driver to unload immediately such portion of the load as is necessary to decrease the gross weight of such vehicle to the maximum therefor specified in this chapter or for which it is registered. All such materials shall be unloaded and cared for by the owner or operators of the truck at the risk of such owner or operator. It shall be unlawful for an owner or operator to fail to remove from the deposit area by a time specified by the officer any such partial load that has been unloaded.

Approved June 9, 1970.