CHAPTER 230

FORMERLY

HOUSE BILL NO. 460

AN ACT TO AMEND CHAPTER 45, OF TITLE 21, DELAWARE CODE RELATING TO LAW ENFORCEMENT WEIGHING PROCEDURES AND EQUIPMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §4508 (a) (2) of Chapter 45, Title 21, Delaware Code by striking said subsection (2) in its entirety and substituting in lieu thereof a new subsection (2) to read as follows:

"(2) 'Axle Load Scale' meaning a scale permanently or semi-permanently installed in a fixed location, or a portable self contained scale having a platform adapted to determining the combined weight of all wheels on a single axle or of all wheels on a tandem or tri-axle of a highway vehicle."

Section 2. Amend §4508 of Chapter 45, Title 21, Delaware Code by adding thereto a new paragraph to be designated as paragraph (d) to read as follows:

"(d) The use of 'axle load scales' or 'wheel load weighers' by law enforcement personnel shall be restricted to their placement at State Police installations, other state owned facilities, and to those locations where surveys by the Division of Highways or the Division of State Police reveal that overweight violations are prevalent and likely to cause roadway damage. 'Axle load scales' and 'wheel load weighers' shall not be used at locations where sufficient 'off roadway' area is not available to permit them to be used in safety."

Approved March 27, 1978.