CHAPTER 383

FORMERLY

HOUSE BILL NO. 467

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO FARM TRUCKS AND OTHER FARM VEHICLES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 21, Title 21 of the Delaware Code, by striking § 2113 thereof in its entirety and by substituting in lieu thereof the following:

Ҥ 2113. Special farm vehicle registration.

Farmers may register vehicles for farm use in the following manner:

(1) Farm truck license plates (“FT” tags):

a. Farmers may qualify for the reduced registration fee for “FT” license tags if they derive at least $1,000.00 of their annual income from the operation of their farm and they own or rent at least 10 acres which is actively used in the farming operation from which they derive that income.

b. Any vehicle upon which an “FT” license tag is affixed must be used exclusively in the operation of a farm.

c. Farmers shall not hire or rent the farm truck, or permit a farm truck to be used for hauling merchandise, farm products, or other items whatsoever under rent, hire, or for pay.

d. Farmers shall not use any vehicle upon which an “FT” license tag is affixed for any use except in the operation of a farm owned or rented by the registered owner of such vehicle or in aid of and assistance to another farmer for harvest purposes.

(2) Farm vehicles exempt from inspection and registration (“Farm Vehicle” tags):

a. Farmers may qualify for a registration and inspection waiver for a farm motor vehicle, farm vehicle, or farm trailer if they derive at least $1,000.00 of their annual income from the operation of their farm and they own or rent at least 10 acres which are actively used in the farming operation from which they derive that income.

b. Any vehicle or trailer upon which a “Farm Vehicle” tag is affixed must be used exclusively in the operation of a farm.

c. No farm motor vehicle, farm vehicle, or farm trailer may be used for hire or for any use except in the exclusive operation of a farm owned or rented by the owner of such vehicle or trailer, or in aid of and assistance to another farmer for harvest purposes.

d. Farmers shall not hire or rent any farm motor vehicle, farm vehicle, or farm trailer, or permit a farm motor vehicle, farm vehicle, or farm trailer to be used for hauling merchandise, farm products, or other items whatsoever under rent, hire, or for pay.

e. Farmers shall not use any vehicle or trailer upon which an “Farm Vehicle” tag is affixed for any use except in the operation of a farm owned or rented by the titled owner of such vehicle or trailer or in aid of and assistance to another farmer for harvest purposes.

f. No farm motor vehicle, farm vehicle, or farm trailer may be operated or towed upon the public highways or roads unless:

1. Those highways and roads are within a 10 mile radius of a farm owned or managed by the owner of the vehicle or trailer;

2. The vehicle or trailer is operated or towed by a person who is properly licensed by the Division of Motor Vehicles;

3. The vehicle or trailer is properly equipped with a stop light, turn signals and brakes which are in a safe operating condition.”

Section 2. Amend §2151(8), Title 21 of the Delaware Code by deleting the words “by farmers who derive 70 percent or more of their income from the operation of their farms” and substituting in lieu thereof the words “by farmers who derive at least $1,000 of their annual income from the operation of their farm and they own or rent at least 10 acres which are actively used in the farming operation from which they derive that income”.

Approved July 19, 2004