CHAPTER 384

FORMERLY

SENATE BILL NO. 599

AN ACT TO AMEND CHAPTERS 45 AND 21 OF TITLE 21, DELAWARE CODE, RELATING TO SIZE AND WEIGHT OF VEHICLES AND TRUCK LOADS AND PLATES THEREFOR.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of the members elected to each branch thereof concurring therein):

Section 1. Amend Chapter 45, Title 21, Delaware Code, by adding the following sentence to § 4501:

"Nothing in this section shall be construed to invalidate the provisions of S 2151 (a) of this Title."

Section 2. Amend Chapter 45, Title 21, Delaware Code, by striking from § 4502 (b) the words "unladen or with load" as they appear therein and substituting in lieu thereof the words "including any load thereon."

Section 3. Amend Chapter 45, Title 21, Delaware Code, by deleting §4502 (c) in its entirety and substituting in lieu thereof a new § 4502 (c) as follows:

(c) No single motor vehicle, including the load thereon, shall exceed forty (40) feet in length, inclusive of front and rear bumpers and no other vehicle or combination of vehicles, including the load thereon, shall exceed fifty-five (55) feet in length, inclusive of front and rear bumpers, except as otherwise provided in this section.

(1) A truck tractor and semi-trailer combination, engaged in the transportation of motor vehicles, shall not exceed a length of sixty-five (65) feet, inclusive of front and rear bumpers, but this limitation shall be exclusive of the overhang of the transported vehicles.

(2) Buses shall not exceed forty-two (42) feet in length.

(3) Vehicles or combinations of vehicles transporting piling, poles or other articles impossible of dismemberment shall not exceed a length of seventy (70) feet.

(4) The combination of a truck tractor, semi-trailer and trailer, including the load thereon, shall not exceed sixty-five (65) feet in length, inclusive of front and rear bumpers.

Section 4. Amend Chapter 45, Title 21, Delaware Code, by deleting § 4502 (d) in its entirety and substituting in lieu thereof a new § 4502 (d) as follows:

(d) Subject to the provisions of subsection (c) of this section limiting the length of vehicles and loads, the load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not exceed more than three (3) feet beyond the foremost part of the vehicle; and the load upon any vehicle operated alone or the load upon the rear vehicle of a combination of vehicles shall not extend more than six (6) feet beyond the rear of the bed or body of such vehicle.

Section 5. Amend Section 2121 of Chapter 21, Title 21, Delaware Code, by striking the sixth sentence of paragraph (b) in its entirety.

Section 6. Amend Chapter 45, Title 21, Delaware Code, by deleting § 4503 in its entirety and substituting in lieu thereof the following new § 4503:

§ 4503. Weight of Vehicles and Loads

(a) No axle load shall exceed twenty thousand (20,000) pounds and with respect to any vehicle equipped with coupled axles (commonly called tandem axles) spaced less than forty eight (48) inches apart measured horizontally between their center lines, the combined weight of the coupled axles shall not exceed twenty thousand (20,000) pounds and with respect to a vehicle equipped with coupled axles spaced forty-eight (48) inches or more apart measured horizontally between their center lines the combined weight of the coupled axles shall not exceed thirty-six thousand (36,000) pounds. None of the provisions of this subsection shall apply to, or govern the total or maximum gross weight of any vehicles described or defined in subsection (g) of this section.

(b) The gross weight, including load, of a vehicle equipped with two (2) or more axles without power brakes on each rear hub, shall not exceed twenty-two thousand (22,000) pounds and it shall be unlawful to operate such vehicle in excess of twenty (20) miles per hour.

(c) No trailer equipped with 'metal tires bearing a gross load in excess of six thousand (6,000) pounds, including load, shall be permitted on state highways.

(d) The total gross weight imposed on the highway by any group of two (2) or more consecutive axles of a vehicle or of any combination of vehicles shall not exceed that given on the following table for the respective distance between the centers of the first and last axles of said two (2) or more consecutive axles; provided, however, that none of the provisions of this subsection shall apply to or govern the total or maximum gross weight of any vehicle described or defined in subsection (g) of this section:

   

TABLE FOR MAXIMUM GROSS WEIGHTS

Maximum Gross Weight in Pounds for any Group Distance in Feet 2 Axles 3 Axles 4 Axles 5 Axles
Between First

and Last Axles

of any Group

8

9

10

11

36,000 37,000 38,000 39,000

40,000 40,500 41,500 42,000

   

12

40,000

43,000

48,000

 

13

 

43,500

48,500

 

14

 

44,500

49,500

 

15

 

45,000

50,000

 

16

 

46,000

50,500

 

17

 

46,500

51,500

 

18

 

47,500

52,000

 

19

 

48,000

52,500

 

20

 

49,000

53,500

 

21

 

49,500

54,000

 

22

 

50,500

54,500

 

23

 

51,000

55,500

 

24

 

52,000

56,000

 

25

 

52,500

56,500

 

26

 

53,500

57,500

 

27

 

54,000

58,000

 

28

 

55,000

58,500

 

29

 

55,500

59,500

 

30

 

56,500

60,000

 

31

 

57,000

61,500

66,000

32

 

58,000

62,500

67,000

33

 

58,500

63,400

67,900

34

 

59,500

64,400

68,900

35

 

60,000

65,400

69,900

36

   

66,200

70,700

37

   

67,200

71,500

38

   

68,100

72,000

39

   

69,000

73,000

40

     

73,280

(e) The provisions of this section are subject to the laws, rules, and regulations of the United States of America, its agencies or commissions which may impose weight and size limitations or restrictions for any vehicles on federal interstate highways which are a part of, and which have been or are constructed pursuant to the act creating the National System of Interstate and Defense Highways and no vehicles shall be operated on any such federal interstate highway located in this State with a size of gross weight in excess of that permitted by such limitations and restrictions in force at the time.

(f) It shall be unlawful to operate a vehicle or combination of vehicles in this State that is registered in another State with a gross weight in excess of that for which said vehicle or combination of vehicles is registered for in its home state. In no event shall said vehicle or combination of vehicles be permitted more weight than the same vehicle or combination of vehicles could be registered for in this State.

(g) It shall be lawful to operate a vehicle equipped with three (3) axles, having each of the rear axles equipped with two (2) hubs, with a power brake on each rear hub provided that the gross weight, including vehicle and load, does not exceed sixty-five thousand (65,000) pounds; provided, however, that if there shall be any laws, rules or regulations of the United States of America or of any of its agencies or commissions which impose weight limitations or restrictions for any such vehicles on federal interstate highways which are a part of and which have been or are constructed pursuant to the Act creating the National System of Interstate and Defense Highways described in § 103 (d) of Title 23, United States Code, as amended, (better known as the `Interstate System'), and if such weight limitations or restrictions shall be less than sixty-five thousand (65,000) pounds, then no such vehicle shall lawfully be operated on any such federal interstate highway located in this State with a gross weight, including vehicle and load, in excess of that permitted by such limitations and restrictions in force at the time.

Approved May 4, 1972.