Delaware General Assembly


CHAPTER 220

FORMERLY

SENATE BILL NO. 121

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SIZE AND WEIGHT RESTRICTIONS FOR MOTOR VEHICLES.

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

Section 1. Amend §4504(c)(2)c. of Title 21 of the Delaware Code by deleting said section in its entirety and replacing said subparagraph with the following:

"c. Pole, piling, and mill stock haulers may be issued a permit for pole, piling, and mill stock movements. Each permit shall be valid for an individual tractor only."

Section 2. Amend Section 4504(c)(2), Title 21, Delaware Code by deleting subparagraph "(0" thereof in its entirety, and inserting in lieu thereof the following:

"f. Permits may also be issued for oversize and/or overweight vehicles engaged in ship offloading operations conducted at the Port of Wilmington to designated locations on designated routes within two miles from the property limits of the Port of Wilmington, subject to regulations adopted for this purpose by the Department. The fee for permits issued for this purpose shall be $900.00 for each ship offloading operation.

g. The Secretary of Transportation is hereby authorized to adopt rules and regulations and to adopt procedures to grant other multi-trip permits for other activities for which such a process is determined to be suitable and reasonable. These regulations and procedures may include the use of on-line and other computer technology, a system for pre-deposit and credit of fees for these permits, and other means of streamlining the permitting process.

h. Multi-trip permits shall not be issued for any purpose not specifically authorized pursuant to subparagraphs a., b., c., d., f., and g. of this paragraph."

Section 3. Amend Section 4504(d), Title 21, Delaware Code by creating a new subsection "(5)" thereof, to read as follows:

"(5) Copies of multi-trip permits issued for Port of Wilmington ship offloading operations, or other multi-trip permits issued pursuant to regulations adopted by the Department of Transportation may be carried in the vehicle in lieu of the original."

Section 4. Sunset Provision. The Department of Transportation shall undertake a study of the multi-trip permitting process during the four years after the enactment of this Act. The study's results shall be reported to the Governor and the General Assembly at the conclusion of this period. The provisions of this Act shall expire on September 30, 2001, unless prior to that time the General Assembly, by further enactment taking into account the results of this study, continues in effect the provisions of this Act.

Approved July 24, 1997