CHAPTER 550

FORMERLY HOUSE

BILL NO. 368

AN ACT TO AMEND CHAPTER 45, TITLE 21, DELAWARE CODE, REQUIRING THE CONSENT OF THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION FOR ENACTMENT OF ORDINANCES OR RESOLUTIONS AFFECTING THE OPERATIONS OF VEHICULAR TRAFFIC ON A STATE-MAINTAINED STREET OR HIGHWAY.

WHEREAS, Section 4505, Title 21, Delaware Code, reads in part as follows:

"State and local authorities may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or impose limitations as to the weight thereof on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways"; and

WHEREAS, the above mentioned statute is being interpreted by some municipalities as to permit said municipalities to regulate or prohibit certain types of traffic from using state-maintained highways through municipalities; and

WHEREAS, the regulation or prohibition of traffic on certain streets and highways through municipalities could have the effect of stopping and seriously hampering the flow of commercial traffic throughout the state; and

WHEREAS, the restriction of the use of segments of the federal highway system by legal traffic places the availability of federal highway funds in jeopardy;

NOW, THEREFORE,

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

Section 1. Section 4505, Title 21, Delaware Code, is amended by striking the ".", as the same appears at the end of said section, and adding the following:

"provided, however, that ordinances or resolutions affecting the operation of vehicular traffic on a state-maintained street or highway may not be enacted or enforced by any municipality without the consent of the State Department of Highways and Transportation."

Approved July 20, 1972.