CHAPTER 410

FORMERLY SENATE SUBSTITUTE

NO. 2 FOR SENATE BILL NO.

550 AS AMENDED BY SENATE

AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 43, TITLE 21 OF THE DELAWARE CODE, RELATING TO VEHICLE REAR WHEEL FLAPS OR PROTECTORS.

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

Section 1. Amend Section 4359, Chapter 43, Title 21 of the Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new Section 4359, which shall read as follows:

§ 4359. Protectors of flaps behind rear wheels of vehicles

(a) No person shall operate, cause or permit to be operated any bus or commercial motor vehicle having a gross weight of 8000 lbs. or more, including semi-trailers and trailers, upon the highways of this State unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rear-most wheels of the vehicle or combination to prevent the projection of rocks, dirt, water or other substances to the rear and to minimize side spray.

(b) The flap, shield, or other device shall extend down from the vehicle's body to not more than eight (8) inches above the road surface, but not more than fifteen (15) inches when the vehicle is in an unloaded condition. The protector or flap shall extend laterally at least the width of the tire being protected.

(c) If any bus or commercial motor vehicle, including semi-trailers and trailers, is so designed or constructed that the objectives in subsection (a) of the section are accomplished by reason of fender or body construction or other means of enclosure, either permanent or temporary, then the requirements of this section have been satisfied.

(d) This section shall not apply to any farm tractor or to uncoupled truck tractors or other vehicles where the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.

(e) The Director of the Division of Motor Vehicles shall set and adopt such regulations as are necessary to implement this section.

Approved May 27, 1972.