HOUSE BILL NO. 474
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTERS 1 AND 45, TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 45, Title 21 of the Delaware Code by inserting a new section 4512 as follows:
“§ 4512. Oversized motor vehicle parking.
(a) In any Residence District it shall be unlawful to park, store, or permit to be parked or stored on a highway within such Residence District any motor vehicle the length of which is greater than two-hundred and seventy-six (276) inches or the width of which is over ninety-six (96) inches or the height of which is over one hundred and twenty (120) inches or the gross vehicle weight of which exceeds ten thousand (10,000) pounds, as such weight has been registered and recorded with the Delaware Division of Motor Vehicles (or as recorded with any other State’s department of motor vehicles).
(b) Motor vehicles parked pursuant to the following situations shall be exempt from this section:
(1) Any motor vehicle parked on a highway within a Residence District in conjunction with on-going legal service or work being performed in relation to a residence or business contained therein. Notwithstanding the above, the motor vehicle may remain parked within such Residence District only for the time necessary to complete such work or service. Examples of such motor vehicles include, but are not limited to, delivery trucks, limousine services, and moving trucks.
(2) Any motor vehicle used for work being performed or on call in case of emergencies: (i) by a public utility as defined in 26 Del. C. § 102(2) or by others working on its behalf; (ii) in connection with a cable television system as defined in 26 Del. C. § 102(4); or (iii) by a municipality or municipal electric company or by others working on their behalf.
(c) This section shall apply to only New Castle County.”.
Section 2. Amend § 101(55), Title 21 of the Delaware Code by striking the language “when the property on such highway for a distance of 300 feet or more is in the main” and inserting in its place “where 50 percent or more of the property on such highway for a distance of 300 feet or more is”.
Section 3. This Act shall become effective and enforceable upon enactment.
Approved July 9, 2008