CHAPTER 400

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 682

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 21, TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF HEAVY VEHICLES.

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

Section 1. Amend Chapter 21, Title 21 of the Delaware Code by adding to Chapter 21 a new §2105, as follows:

§2105. Registration of heavy vehicles.

"(a) Every person applying to register a vehicle at a registered gross vehicle weight of 26,000 pounds or greater shall provide to the Department with the application documentation of the manufacturer's gross vehicle weight rating for such vehicle, subject to the following schedule:

(1) With respect to such vehicles which were lawfully registered in this State on December 31, 1990, as a 1987 or older model year vehicle, the obligation to provide manufacturer's weight rating documentation shall not apply to any application for registration, or renewal of registration, of such vehicles until January 1, 1994;

(2) With respect to such vehicles which were lawfully registered in this State on December 31, 1990, as a 1988, 1989, 1990 or 1991 model year vehicle, the obligation to provide manufacturer's weight rating documentation shall not apply to any application for registration, or renewal of registration, of such vehicles until January 1 of the fifth calendar year after such vehicle's model year;

(3) With respect to any such new vehicles which are registered in this State for the first time on or after January 1, 1991, the obligation to provide manufacturer's weight rating documentation shall apply to any application for registration.

(b) Any of the following items shall constitute acceptable documentation of the manufacturer's gross vehicle weight rating in accordance with this section:

(1) A valid manufacturer's gross vehicle weight rating plate, sticker or plaque permanently affixed to the vehicle; or

(2) New vehicle delivery documents which contain the Vehicle Identification Number (VIN), and the gross vehicle weight rating; or

(3) A written statement from the manufacturer setting forth the Vehicle Identification Number (VIN), the weight ratings of the major component parts of the vehicle, including axle assemblies, suspension system, frame and tires, and the overall gross vehicle weight rating. The manufacturer's statement must be based on the design weight rating of the component parts, including tires, and upon the professional judgment of the manufacturer, in the exercise of due care, that the components and their installation are in accordance with accepted industry practice and in compliance with the Federal Motor Vehicle Safety Standard found in Title 49 of the Code of Federal Regulations.

(c) As used in this chapter, 'manufacturer' shall include any maker of new, incomplete vehicles and such maker's authorized sales and service representatives; any maker or final assembler of vehicle bodies, components or specialized equipment; and any installer of vehicle bodies, major components or specialized equipment which alters the vehicle's gross vehicle weight rating, or which substantially changes its use, and which conforms to the requirements of the National Traffic and Motor Vehicle Safety Act and of the Federal Motor Vehicle Safety Standard found in Title 49 of the Code of Federal Regulations.

(d) Any vehicle which has a gross weight of 26,000 pounds or greater, except as provided in §2152 of this chapter, shall not be registered at a weight in excess of the manufacturer's gross vehicle weight rating for such vehicle. For those vehicles registered pursuant to §2152 of this chapter, the actual gross weight of the truck or truck tractor shall not exceed the manufacturer's gross vehicle weight rating.

(e) Any vehicle which has a gross weight rating in excess of 26,000 pounds shall not be operated within this State unless such vehicle is properly registered pursuant to this section and either (1) has permanently affixed to it an unaltered and legible plate, sticker or plaque which states the gross vehicle weight rating, or (2) has within the vehicle the manufacturer's gross vehicle weight rating documentation required by subsection (b) of this section.

(f) Any vehicle altered so as to change its gross vehicle weight rating or substantially change its use shall not be registered or operated within this State unless the vehicle's new gross weight rating is documented In accordance with subsection (b) of this section.

(g) If the gross vehicle weight rating for a vehicle registered pursuant to this section is documented in accordance with subsection (b)(2) or (b)(3) of this section, the Division of Motor Vehicles shall maintain such documentation of the manufacturer's gross vehicle weight rating as part of such vehicle's title file.'.

Section 2. This Act shall take effect upon its enactment into law, except for Section 1 of this Act, which shall take effect on January 1, 1991.

Approved July 18, 1990.