CHAPTER 368

FORMERLY

HOUSE BILL NO. 444

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EQUIPMENT AND CONSTRUCTION VEHICLES.

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

Section 1. Amend § 4303, Title 21 of the Delaware Code by adding thereto a new subsection “(c)” to read as follows:

"(c) Except as provided in this subsection, no motor vehicle, when operated upon a highway in this State, shall utilize or employ any brake or braking system that is attached to, or an integral part of, the vehicle’s internal combustion engine or exhaust systems. Nothing in this Section shall be interpreted as prohibiting the equipping of any motor vehicle with a braking system that is attached to, or an integral part of, the vehicle’s engine or exhaust systems. Nothing in this Section shall be interpreted as prohibiting the use of a braking system that is attached to, or an integral part of, the vehicle’s engine or exhaust system in an emergency situation or an emergency vehicle including police, fire, ambulance, emergency medical service vehicles or other emergency vehicles.”.

Approved July 16, 2008