CHAPTER 12

FORMERLY

HOUSE BILL NO. 15

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR CARRIER SAFETY.

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

Section 1. Amend § 4707, Chapter 47, Title 21 of the Delaware Code by adding a new subsection (c) as follows:

“(c) Amend 49 C.F.R. § 395.1(n) by adding the following new sentences: ‘Any utility vehicle driver engaging in the provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled shall be exempted from 49 C.F.R. § 395 in its entirety. The exemption of the regulation provided for in this subsection shall expire if the Secretary of the United States Department of Transportation determines that it is in conflict with the intent of the Federal Motor Carrier Safety Regulations.’.”.

Section 2. Amend § 4707, Chapter 47, Title 21 of the Delaware Code by designating the existing paragraph as “(a)” and adding a new subsection (b) as follows:

“(b) Amend 49 C.F.R § 395.1(n) by adding the following new sentences: ‘Any utility vehicle driver engaging in the provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled shall be exempted from 49 C.F.R. § 395 in its entirety. The exemption of the regulation provided for in this subsection shall expire if the Secretary of the United States Department of Transportation determines that it is in conflict with the intent of the Federal Motor Carrier Safety Regulations.’.”.

Section 3. The provisions of Section 1 will become effective upon enactment.

Section 4. The provisions of Section 2 will become effective on September 30, 2005.

Approved March 23, 2005