CHAPTER 596

HOUSE BILL NO. 748

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 45, TITLE 21, DELAWARE CODE, RELATING TO SIZE AND WEIGHT OF VEHICLES AND LOADS AND PROVIDING FOR PENALTIES.

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

Section 1. Amend §4507, Chapter 45, Title 21, Delaware Code, by striking said section in its entirety and inserting in lieu thereof a new §4507 to read as follows:

"§4507. Violations of Chapter; penalties.

(a) Whoever violates any of the provisions of 4502, §4504, §4505 or §4506 of this Chapter shall, for the first offense, be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or be imprisoned not less than ten nor more than thirty days, or both. For each subsequent like offense, he shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), or be imprisoned not less than fifteen nor more than thirty days, or both. All second or subsequent offenses under this Chapter, before being punishable as such, shall have been committed within twelve months after the commission of the first offense.

(b) Whoever violates any of the provisions of §4501 or 4503 of this chapter shall be fined as follows:

(2) for all excess weight over 5,000 pounds, the fine shall be at the rate of 5 cents per pound.

The foregoing schedule of fines shall apply separately to: (1) the excess weight of the gross load and (2) sum of the excess weight or weights of any axle or axles; provided, that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the State only for the largest fine imposed under clauses (1) and (2) of this paragraph."

Approved July 21, 1976