CHAPTER 198

FORMERLY

HOUSE BILL NO. 313

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE TO ADD A NEW CHAPTER RELATING TO MOTOR CARRIER SAFETY; PROVIDING FOR THE IMPOSITION OF DUTIES UPON THE DEPARTMENT OF PUBLIC SAFETY, THE STATE POLICE AND OTHER POLICE OFFICERS; PRESCRIBING PENALTIES AND FURTHER PROVIDING FOR ENFORCEMENT OF THIS ACT.

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 Title 21, Delaware Code by adding thereto a new Chapter 47 to read as follows:

"CHAPTER 47. MOTOR CARRIER SAFETY - RESPONSIBILITY §4701. Statement of legislative purpose.

The purpose of this Act is to reduce truck and bus related accidents on our highways by minimizing the causes related to mechanical failures, driver error, and careless safety practices by motor carriers, and to standardize regulations for the transportation industry.

§4702. Adoption of federal requirements.

The State of Delaware hereby adopts the following parts of the Code of Federal Regulations, Title 49, Chapter III, Subchapter B, except as modified by this Chapter; Part 390, Part 391, Part 392, Part 393, Part 395, Part 396 and Part 397 being Federal Regulations adopted pursuant to the Department of Transportation Act (49 U.S.C. §1655) and Section 204 of the Interstate Commerce Act, as amended (49 U.S.C. §304).

§4703. Exceptions to Part 390.

Section 390.40 of Part 390 Is hereby stricken in its entirety.

§4704. Exceptions to Part 391.

(a) Section 391.11(b)(I) of Part 391 is stricken in its entirety and in its place is Inserted the following:

'(I) Is at !cast 21 years old if engaged M interstate commerce or at least 18 years or older and has at least I year previous experience as an operator of a motor vehicle if engaged in interstate commerce.'

(b) Strike Section 391.69 of Part 391 in its entirety. §4705. Exceptions to Part 392.

(a) Amend Section 392.4 of Part 392 by adding a new subparagraph (e) to read as follows:

'(c) Nothing in this section shall preclude prosecution under Section 4177 of this Title.'

(b) Amend Section 392.5 of Part 392 by adding a new subparagraph (c) to read as follows:

'(c) Nothing M this section shall preclude prosecution under Section 4177 of this Title.'

§4706. Exceptions to Part 396.

Subsection (a) of Section 396.9 is stricken in its entirety and the following is substituted in its place:

'(a) Personnel authorized to perform inspections Every special agent of the Federal Highway Administration, Secretary of Public Safety, his deputies, state police, other sworn police officers, and size and weight enforcement technicians of the Division of State Police working in conjunctioh with and in the physical presence of a uniformed police officer, are hereby authorized to enter and perform inspections of any motor vehicle, cargo, and driver of any motor carrier for compliance with safety regulations adopted pursuant to this Chapter. State Police size and weight enforcement technicians shall have the same authority and duties enforcing this Chapter as granted in Section 710 of this Title.'

§4707. Fines, penalties, voluntary assessments.

(a) Any person, driver, or motor carrier who violates any provision of any subpart of this Chapter, or fails to do any act required by any subpart in this Chapter or does any act forbidden in this Chapter or subpart of the Code of Federal Regulations hereby adopted shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine for each violation of not less than $25 nor more than $100, or imprisonment for not more than 30 days or both. Any such person, driver, or motor carrier committing a second or subsequent offense within 2 years upon conviction thereof shall be sentenced to pay a fine of not less than $100 nor more than $500 or imprisonment for not less than 60 days nor more than I year, or both.

(b) Section 709 of this Title shall be applicable to this Chapter. §4708. Out of service violations.

The Secretary of Public Safety, his deputies, state police, and other police officers authorized by law to make arrests for violations of the motor vehicle and traffic laws of the State are hereby authorized to place any vehicle, driver, or operator out of service for any violation of this Chapter.

§4709. Jurisdiction.

Justices of the Peace shall have original Jurisdiction to hear, try and finally determine alleged violations of this Chapter.

§4710. Authority to enforce regulations.

(a) The Secretary of Public Safety, his deputies, state police, and other sworn police officers are hereby authorized to make arrests without a warren( for any violation of this Chapter committed in their presence.

(b) The Secretary of Public Safety, his deputies, state police, and other sworn police officers authorized by the law to make arrests for violations of this Chapter without a warrant are authorized upon reasonable and probable cause to believe, based upon personal investigation of a motor vehicle accident which may include information obtained from eyewitnesses that a violation has been committed by any person then and there present and to arrest such person without a warrant.

§4711. Authority to promulgate rules and regulations.

The Secretary of Public Safety has authority to promulgate rules and regulations to carry out the stated purposes of this Chapter.

§4712. Conflicts with other requirements of Delaware Motor Vehicle Code.

Nothing contained in this Chapter shall be construed to prohibit the use of additional equipment and accessories, not Inconsistent with or prohibited by this Chapter, provided such equipment and accessories do not decrease the safety of operation of the motor vehicles on which they are used.

Compliance with this Chapter does not relieve the obligation to comply with other Chapters of Titles 21 and 29, however, if a conflict occurs, the State or Federal Regulation herein adopted which promotes the greater degree of safety shall control."

Section 2. This Act shall become effective upon its enactment into law.

Approved July 19, 1985.