CHAPTER 196

FORMERLY

SENATE BILL NO. 263

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9, TITLE 26 OF THE DELAWARE CODE RELATING TO THE POWERS OF TELEGRAPH AND TELEPHONE CORPORATIONS; AND PROVIDING THAT ALL WIRES BE PLACED EIGHTEEN FEET ABOVE ROAD CROSSINGS.

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

Section 1. Amend §902 of Chapter 9, Title 26, Delaware Code, by striking the sixth sentence beginning with the words 'All wires' and ending with the words 'railroad crossings' as the same appears in said section and substituting in lieu thereof the following:

`All wires fastened upon posts or poles so erected shall be placed at a height of not less than 18 feet above all road crossings except that the owner of said wires shall be solely responsible for removing them to whatever height necessary to eliminate any visual obstruction or any other interference between said wires and their appurtenances, and any traffic control device. The work shall be done at no cost to the Department of Highways and Transportation. That Department shall be the sole judge of the need to move the wires or appurtenances. All wires shall be not less than 23 feet above railroad crossings.'

Approved July 9, 1975