CHAPTER 345

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 688

AN ACT TO AMEND CHAPTER 45, TITLE 21 OF THE DELAWARE CODE RELATING TO THE WEIGHTS OF VEHICLES AND LOADS, IMPOSING FEES FOR PERMITS FOR EXCESSIVE SIZE AND WEIGHTS OF VEHICLES, AND DEDICATING THE REVENUE FROM SUCH FEES.

WHEREAS, Section 127, Title 23 of the United States Code, as amended, establishes weight allowances for vehicles permitted to use the National System of Interstate and Defense Highways, with the proviso that vehicles which lawfully could have been operated within a state on July 1, 1956, will continue to be permitted to operate on interstate highways in that state; and

WHEREAS, the same provision of federal law leaves to the individual states the determination of which vehicles "could be lawfully operated within such State on July 1, 1956"; and

WHEREAS, in view of the requirements of federal law, it is necessary and proper for the State of Delaware (1) to clarify which vehicles lawfully can be operated on the interstate highways within the boundaries of this State, (2) to make existing special permitting procedures consistent for all highways in the State, (3) to impose fees for vehicles of excessive size and weights, (4) to dedicate the revenue from such fees to an appropriate State fund, and (5) to provide for legislative review of the fees imposed for oversize and overweight vehicles based upon a cost allocation study being conducted by the Department of Transportation.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of the members elected to each House thereof concurring therein):

Section 1. Amend Chapter 45, Title 21 of the Delaware Code by striking the first sentence from subparagraph b. of §4502(c)(4) and substituting in lieu thereof the following:

"b. The maximum gross weight of any vehicle or combination of vehicles on a group of 2 or more consecutive axles shall not exceed the weight as calculated by this formula:

W . 500 ( LN + 12N + 36) (N - 1

Section 2. Further amend Chapter 45, Title 21 of the Delaware Code by striking the phrase "pounds, each whenever" from the second sentence of subparagraph b. of §4502(c)(4) and substituting in lieu thereof the phrase "pounds each, whenever".

Section 3. Further amend Chapter 45, Title 21 of the Delaware Code by adding a second sentence to subsection (a) of §4504, as follows:

The fee for permits issued pursuant to subsection (c)(1) of this section for vehicles operating on any interstate highway within this State shall be $1.00 per single trip permit."

Section 4. Further amend Chapter 45 Title 21 of the Delaware Code by adding to §4510 a new subsection "(b)" as follows:

"(b) Any other provision of this chapter to the contrary notwithstanding, a vehicle or combination of vehicles having a weight in excess of that permitted by §4502 of this chapter lawfully may be operated on any interstate highway or United States numbered route if such vehicle or combination of vehicles has been issued a permit for that purpose pursuant to §4504 of this chapter. Regarding such permits issued pursuant to §4504(c)(1) of this chapter, the State has determined that vehicles bearing such permits could be lawfully operated within this State on July 1, 1956 "

Section 5. In accordance with the provisions of §127(a). Title 23 of the United States Code, the State of Delaware hereby determines that any vehicles nat-lu thereof, which have been issued permits pursuant to §4504(c)(l) of Title 21 of the Delaware Code, could have been lawfully operated within this State on July 1, 1956.

Section 6. The revenue from the fees imposed pursuant to Section 3 of this Act shall not be deposited in the General Fund but shall be deposited, not later than the close of the business day next following such receipt, to the credit of the Transportation Trust Fund, as established pursuant to Chapter 14, Title 2 of the Delaware Code, as amended, to be used to finance the costs of roads, highways and other transportation facilities and not to defray the expenses and obligations of the general government of the State.

Section 7. Sunset Provision. The Department of Transportation is undertaking a cost allocation study relating to the effects of oversize and overweight vehicles on the State's transportation network. Based upon the results of this study, to be completed within one year from this Act's enactment into law, the Department of Transportation shall devise a proposed fee schedule for oversize and overweight vehicles. Since the proposed fee schedule must be imposed by enactment of the General Assembly, the provisions of this Act shall expire on September 30, 1991, unless prior to that time the General Assembly, by further enactment taking Into account the results of the cost allocation study, either continues in effect the fee imposed under Section 3 of this Act or adopts a new fee schedule.

Section 8 Non-Severability. The provisions of §§301 and 308, Title 1 of the Delaware Code, to the contrary notwithstanding, the provisions of this Act are declared to be non-severable.

Approved July 13, 1990.