CHAPTER 114

FORMERLY

SENATE BILL NO. 181

AS AMENDED BY SENATES AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 47, TITLE 21 OF THE DELAWARE CODE, RELATING TO MOTOR CARRIER SAFETY, RECORD-KEEPING AND WEIGHTS.

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

Section 1. Amend §4703, Chapter 47, Title 21 of the Delaware Code by numbering the

existing paragraph as paragraph (a) and adding a new paragraph (b) to read as follows:

"(b) Amend §390.17 by striking the words '10,000 pounds or less' as they appear in said section and insert in lieu thereof the words '26,000 pounds or less'."

Section 2. Amend §4704, Chapter 47, Title 21 of the Delaware Code by adding a new paragraph to read as follows:

"(c) Amend §391.2(b-1) by striking the words 'seating capacity of 10 or less persons' as they appear in said section and insert in lieu thereof the words 'seating capacity of 15 or less persons'."

Section 3. Amend §4704, Chapter 47, Title 21 of the Delaware Code by adding a new paragraph to read as follows:

"(a) Amend §391.2(f-2) by striking the words '10,000 pounds or less' as they appear in said section and insert in lieu thereof the words '26,000 pounds or less'."

Section 4. Amend §4704, Chapter 47, Title 21 of the Delaware Code by adding a new paragraph to read as follows:

"(a) Amend §391.3(d-5-i) by striking the words '10,000 pounds or less' as they appear in said section and insert in lieu thereof the words '26,000 pounds or less'."

Section 5. Amend §4705, Chapter 47, Title 21 of the Delaware Code by adding a new paragraph to read as follows:

"(c) Amend §392.1(d) by striking the words '10,000 pounds or less' and insert in lieu thereof the words '26,000 pounds or less'."

Section 6. Amend §4706, Chapter 47, Title 21 of the Delaware Code by numbering the existing paragraph as paragraph (a) and adding a new paragraph to read as follows:

"(b) Amend §396.1(b-2) by striking the words '4.535kg (10,000 pounds) or less' and insert in lieu thereof the words '26,000 pounds or less'."

Section 7. Amend §4706, Chapter 47, Title 21 of the Delaware Code by adding a new paragraph to read as follows:

"(a) Farm vehicles being operated on an intrastate basis within this State shall be exempt from the record-keeping requirements as provided in Part 396."

Section B. Amend Chapter 47, Title 21 of the Delaware Code by renumbering Sections

4706, 4707, 4708, 4709, 4710, 4711 and 4712 as Sections 4708, 4709, 4710, 4711, 4712, 4713 and 4714 respectively.

Section 9. Amend Chapter 47, Title 21 of the Delaware Code by adding a new §4706 to read as follows:

"§4706. 53Me - Amendments of Bart 393

(a) Amend §393.1(c) by striking the words '10,000 pounds or less' and insert in

lieu thereof the words '26,000 pounds or less'."

Section 10. Amend Chapter 47, Title 21 of the Delaware Code by adding a new §4707 to read as follows:

"§4707. Same - Amendments of Part 395

(a) Amend §395.1(b-2) by striking the words '10,000 pounds or less' and insert in lieu thereof the words '26,000 pounds or less'."

Section 11. Amend §4702, Chapter 47, Title 21 of the Delaware Code by numbering the existing paragraph as paragraph (a) and adding a new paragraph to read as follows:

"(b) Notwithstanding the adoption of the laws and regulations as indicated in paragraph (a) of this Section, no requirements under this Chapter shall apply to any single vehicle or a vehicle in combination with a gross registered weight of 26,000 pounds or less, except for: (1) a vehicle being used to transport hazardous materials of a type or quality that requires the vehicle to be marked or placarded in accordance with the Federal Motor Carrier Safety Regulations: or (2) a vehicle having a seating capacity of 15 or less persons."

Approved July 8, 1987