CHAPTER 426

FORMERLY

HOUSE BILL NO. 452

AS AMENDED BY

HOUSE AMENDMENT NO. 2 AND HOUSE AMENDMENT NO. 1 TO HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 47, TITLE 21, DELAWARE CODE RELATING TO MOTOR CARRIER SAFETY-RESPONSIBILITY.

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

Section 1. Amend §4704, Chapter 47, Title 21, Delaware Code by adding thereto a new subsection (f) to read as follows:

"(f) A person who is not physically qualified to drive under §381.41 and who is otherwise qualified to drive a motor vehicle may operate a motor vehicle over 26,000 pounds within the State of Delaware, other than a motor vehicle which primary purpose is to transport passengers or a motor vehicle which must be placarded or marked in accordance with §177.83 (relating to placards or markings upon vehicles which transport hazardous materials), and thus be exempt from the §391.41 physical examination requirements only after certifying to the Secretary of Public Safety that such person: (1) was employed on a full time basis in the operation of motor vehicles over 26,000 pounds prior to the implementation of the Federal regulations at the State level on July 19, 1985; and (ii) has not incurred three (3) serious moving violations in a commercial vehicle since July 19, 1985. Serious moving traffic violations are those classified as follows: (1) exceeding the posted speed limit by more than 15 m.p.h.; (2) reckless driving as defined by state law; or (3) violations of state or local laws involving motor vehicles where a fatal accident occurs."

Approved October 24, 1988.