CHAPTER 186

FORMERLY

SENATE BILL NO. 161

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCIAL DRIVER'S LICENSES AND PENALTIES.

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

Section 1. Amend §2612(h)(4) (effective until September 30, 2005, and effective September 30, 2005), Title 21 of the Delaware Code, by deleting said paragraph in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows:

“(4) Additional Penalties. – In addition to the disqualification, drivers may be fined not less than $1,100 nor more than $2,750 if convicted of violating an out-of-service order. Employers convicted of violating an out-of-service order may be fined not less than $2,750 nor more than $11,000.”

Section 2. Amend §2612(i) (effective until September 30, 2005, and effective September 30, 2005), Title 21of the Delaware Code, by adding a new paragraph (4) to read as follows:

“(4) Employer Penalties. – An employer who is convicted of a railroad-highway grade crossing violation will be subject to a civil penalty of not more than $10,000 in accordance with 49 C.F.R. §383.53.”

Section 3. Amend §2621(a)(3), Title 21, by adding the following to the end of the paragraph:

“and active duty United States Coast Guard personnel.”

Approved July 12, 2005