CHAPTER 343

FORMERLY

SENATE BILL NO. 256

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21, DELAWARE CODE, RELATING TO SIZE AND WEIGHT OF VEHICLES AND LOADS CLARIFYING THE GRANTING OF SPECIAL PERMITS IN THE HAULING PERMIT SECTION OF THE DEPARTMENT OF TRANSPORTATIO N.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §4504 of Chapter 45, Title 21, Delaware Code by striking said section in its entirety and substituting a new section to read as follows:

"§4504. Permits for Excessive Size and Weight

A. Granting of Permits

(1) The Department of Transportation shall adopt regulations under which permits may be granted for the movement of vehicles and/or loads of a size or weight exceeding the maximums specified in this Chapter.

(2) Local authorities may adopt regulations under which permits may be granted for the movement of vehicles and/or loads of a size or weight exceeding the maximum specified in this Chapter over any highway for which the local authority has the sole maintenance responsibility.

(3) Every permit granted shall be in writing and shall contain a description of the vehicle and/or load, a statement of the fee levied and the name of the authorized officer of the granting authority. It may designate the route and certain restrictions, rules, conditions, and regulations as deemed necessary.

(4) Permits may be granted only for vehicles or trailers complying with Chapter 21 of this Title.

B. Types of Permits

(1) Single trip permits shall be issued for single trips from the designated starting point to the designated terminal point. Intermediate stopping points and round trips are not permitted.

(2) Multi-trip permits shall be issued for the period from the first day of the month to the first day of the following month. Each permit shall be valid as authorized herein; it shall not be transferable.

(a) Utility companies may be issued a permit for piling and pole trailers. Each permit may be valid for up to four trailers at the time of issue.

(b) Utility companies and governmental agencies may be issued a permit for a manned and/or unmanned aerial type single motor vehicle up to 50 feet long. Each permit shall be valid for an individual vehicle only.

(a) Pole and piling haulers may be issued a permit for piling and pole movements. Each permit shall be valid for an individual tractor only.

(d) Multi-trip permits shall not be issued for any purpose not specifically authorized in (a), (b), or (c) of this Section.

C. Display of Permit

(1) Every permit shall be carried in the vehicle to which it refers during the movement it authorizes and it shall be open to inspection by any peace officer. Copies of multi-trip permits issued to utility companies may be carried by their vehicles in lieu of the original.

D. Accuracy and Compliance

(1) No person shall fail to provide accurate information concerning the granting of a permit.

(2) No person shall violate any of the terms, conditions, restrictions, rules or regulations published in the policy or stated on the permit.

(3) Any permit obtained on the basis of false or misleading data is null and void. Any fee levied for it shall not be returned or transferred.

Approved July 8, 1980.