TITLE 21

Motor Vehicles

Operation and Equipment

CHAPTER 45. Size and Weight of Vehicles and Loads


(a) No person shall drive or move, or, being the owner, cause or knowingly permit to be driven or moved on any highway, any vehicle or combination of vehicles:

(1) Having a size or weight exceeding the limitations stated in this chapter; or

(2) Having a gross weight exceeding that for which it is lawfully registered; or

(3) In violation of any provision of this title; or

(4) Having a gross weight exceeding that for which it could have been registered in this State if it is registered for a greater weight in another state, unless a reciprocity agreement between the 2 states is in effect; or

(5) In violation of the rules or regulations of the Secretary of Safety and Homeland Security adopted pursuant to this title or this chapter; or

(6) Special mobile equipment.

(b) For purposes of this chapter, any combination of trucks, truck trailers, trailers and semitrailers, not specifically authorized herein, shall be unlawful. The following are authorized:

(1) A truck and trailer.

(2) A truck tractor, semitrailer.

(3) A truck tractor, semitrailer, trailer.

(4) A vehicle string utilizing saddlemount and/or fullmount.

(5) A tow truck and a disabled vehicle or combination of vehicles.

(c) Except as otherwise provided herein, this chapter applies to every vehicle operated upon any road, street or highway within this State. The maximum size and weight of vehicles specified herein by type of highway shall be lawful throughout this State and local authorities may not alter such limitations, except as expressly provided in this chapter.

(d) Any gross weight measurements made to determine compliance with this chapter shall be taken so as to include both the vehicle and load. Any vehicle having a gross weight in excess of that allowable under this chapter or in excess of that for which it is currently registered shall be considered as an “overweight vehicle.”

(e) Any linear measurements taken to determine compliance with this chapter shall be taken so as to include the vehicle and any load thereon including any projections of any type, character or nature whatsoever, such as, but not limited to, bumpers, steps, mirrors and hose connections specifically excluding the tongue of a trailer.

(f) Except as otherwise provided in this chapter, it shall be unlawful to operate any vehicle at a gross weight which exceeds the weight for which it is registered and provided further that:

(1) Except as otherwise provided in this paragraph, the total gross weight including load, of a combination of a truck tractor and semitrailer having a total of 5 or more axles shall not exceed 80,000 pounds. For a live-haul poultry truck traveling less than 150 miles from the farm to the plant, the total gross weight including load of a combination of a truck tractor and semitrailer having a total of 5 or more axles shall not exceed 90,000 pounds. However, such a live-haul poultry truck may exceed the established weight limit by no more than 3% to account for variations in bird weight due to bird size, moisture retention caused by precipitation, or other unanticipated conditions. For the 90,000 pound weight limit and associated 3% variance to apply to a live-haul poultry truck, the following conditions must exist:

a. The live-haul poultry truck must be subject to the Motor Carrier Safety Assistance Program (MCSAP) inspection.

b. The live-haul poultry truck must adhere to all bridge weight limits.

c. The live-haul poultry truck must not use the interstate highway system.

d. The axels on a live-haul poultry truck must be a minimum of 96 inches apart no later than May 8, 2015.

(2) The gross weight of a vehicle equipped with 2 or more axles without power brakes on each rear hub shall not exceed 22,000 pounds and it shall be unlawful to operate such vehicle in excess of 20 miles per hour.

(3) The gross weight of a trailer equipped with metal tires shall not exceed 6,000 pounds.

(4) Any vehicle, otherwise required to be registered pursuant to this title which is not registered and which requires a registration fee that is calculated upon gross weight, shall be assigned a weight allowance equal to the highest legal weight for which that vehicle could be registered for the purpose of enforcement of the weight section of this title.

(g) Except as otherwise provided in this chapter, it shall be unlawful to operate any vehicle in this State in violation of length, height or size restrictions provided in this title and provided further that:

(1) No passenger vehicle shall carry any load extending beyond the line of the fenders on the left side of such vehicle nor extending more than 6 inches beyond the line of the fender on the right side thereof.

(2) The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend more than 3 feet beyond the foremost part of the vehicle; and the load upon any vehicle operated alone or the load upon the rear vehicle of a combination of vehicles shall not extend more than 6 feet beyond the rear of the bed or body of such vehicle. Pilings and/or poles or mill logs, or nursery stock, or rowing shells, or steel beams, pipes, angles, channels and other length or steel, or other metal, or other articles impossible of dismemberment shall not extend more than 10 feet beyond the rear of the bed or body of such vehicle.

(3) A number of motor vehicles may be transported in combination, utilizing saddlemount and/or fullmount mechanisms and utilizing the motive power of 1 of the vehicles in combination, provided such combination of vehicles shall not exceed a length of 65 feet, and provided further that the equipment used in such combinations shall comply with the safety regulations of the United States Department of Transportation.

(4) Except as otherwise indicated herein, the limitations as to length of load stated in this chapter shall not apply to a vehicle or combination of vehicles transporting boats, commonly known as crew or rowing shells for use in interscholastic or intercollegiate rowing contests, provided that such boats shall not exceed 70 feet in length.

(5) Neither the State, any agency or subdivision thereof, nor any person, firm or corporation shall be required to raise, alter, construct or reconstruct any underpass, wire, pole, trestle or other structure to permit passage of any vehicle having a height, including any load thereon, in excess of 12 feet 6 inches. The liability for damage to any person, vehicle, structure or other property caused by any vehicle having a height, including any load thereon, in excess of 12 feet 6 inches shall be borne by the owner and/or the operator of the vehicle.

(h) The provisions of § 4502 of this title do not apply to the following vehicles; provided, however, that the liability for damages caused by any vehicle operated under this provision shall be borne by the owner of said vehicle:

(1) Fire apparatus owned or used by an organized fire company.

(2) Farm equipment being temporarily operated, moved, or transported on a highway, which shall include farm tractors and other implements of husbandry being temporarily moved or transported by a manufacturer, dealer, business, or commercial transport company.

(3) A vehicle being towed with 1 set of axles free of the roadway surface.

(i) Any vehicle or combination of vehicles, otherwise not in compliance with this chapter, but permitted to be operated within this State by virtue of a special use permit pursuant to this chapter, shall be permitted to travel on such highways as shall be designated within the contents of said permit.

(j) In accordance with the provisions of § 4503 of this title, a commercial motor vehicle is granted reasonable access between:

(1) Interstate roadways, federal-aid primary system highways, US numbered routes; and

(2) Terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers, motor carriers of passengers, and any tow-away trailer transporter combination.

36 Del. Laws, c. 10, §§ 114, 117; 37 Del. Laws, c. 10, §§ 29-31; 40 Del. Laws, c. 38, § 11; Code 1935, §§ 5652, 5655; 46 Del. Laws, c. 86, § 2; 47 Del. Laws, c. 114; 21 Del. C. 1953, §§ 4501, 4503; 50 Del. Laws, c. 633, § 1; 52 Del. Laws, c. 40; 53 Del. Laws, c. 395, §§ 1, 2; 56 Del. Laws, c. 18, §§ 1, 2; 57 Del. Laws, c. 670, § 24A; 58 Del. Laws, c. 384, §§ 1, 6; 60 Del. Laws, c. 54, §§ 1, 2; 60 Del. Laws, c. 264, § 1; 60 Del. Laws, c. 409, §§ 2-5; 62 Del. Laws, c. 5, §§ 1-4; 64 Del. Laws, c. 207, § 5; 64 Del. Laws, c. 259, § 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, § 6; 74 Del. Laws, c. 110, § 101; 79 Del. Laws, c. 220, § 1; 81 Del. Laws, c. 223; 82 Del. Laws, c. 93, § 2.;

(a) Except as provided in § 4503 of this title, this section sets forth the size and weight restrictions applicable to all roads, streets and highways within this State.

(b) (1) No vehicles, including any load thereon, shall exceed a total outside width of 8 feet 6 inches.

(2) No vehicles, including any load thereon, shall exceed a height of 13 feet 6 inches.

(3) No single motor vehicle, including any load thereon, shall exceed 40 feet in length, and no combination of vehicles, including the load thereon, shall exceed 60 feet in length, except as otherwise provided in this section.

a. A truck and semitrailer combination engaged in the transportation of motor vehicles shall not exceed a length of 65 feet exclusive of the overhang of the transported vehicles.

b. Buses shall not exceed 45 feet in length.

c. Piling and pole trailers and vehicles or combinations or vehicles engaged in the transportation of steel beams, pipes, angles channels and other lengths of steel, or other metals, or other articles impossible of dismemberment shall not exceed 70 feet.

(4) Notwithstanding paragraph (b)(1) or (3) of this section:

a. No recreational vehicle, including any load or truck camper thereon or any camping trailer, recreational trailer or park trailer attached thereto, shall exceed a total outside width of 102 inches, exclusive of any safety equipment, which shall not extend beyond the federal motor vehicle safety standards for such equipment, or appurtenances such as awnings and lights which are integral to the construction of the vehicle, installed by the vehicle’s manufacturer or dealer, and do not extend more than 6 inches wider on each side of the vehicle; provided however, that such vehicles permissibly exceeding the 102 inch width limit with its attached equipment or appurtenances shall only be operated:

1. On roadways having travel lanes at least 11 feet in width, unless prohibited by the Department of Transportation or by a municipality based on safety reasons and marked with signs prohibiting such vehicles; or

2. On any roadway of the State when such a vehicle is being operated between a roadway permitted under paragraph (b)(4)a.1. of this section and:

A. The location where the recreational vehicle, recreational trailer, park trailer, camping trailer or truck camper is garaged; or

B. The destination of the recreational vehicle, recreational trailer, park trailer, camping trailer or truck camper; or

C. A facility for food, fuel, repair, services or rest.

b. No single recreational vehicle, including any load or truck camper thereon, shall exceed 45 feet in length; and

c. No combination of a recreational vehicle with any vehicle, including the load thereon, nor any combination of any motor vehicle with any camping trailer, recreational trailer or park trailer attached thereto, shall exceed 65 feet in length.

(c) (1) A vehicle equipped with 2 axles, having each of the 2 axles equipped with 2 hubs, with a power brake on each hub, shall not exceed a total gross weight of 40,000 pounds or manufacturer’s gross vehicle weight rating whichever is less.

(2) A vehicle equipped with 3 axles, having each of the 3 axles equipped with 2 hubs, with a power brake on each hub, shall not exceed a total gross weight of 65,000 lbs. or the manufacturer’s gross vehicle weight rating, whichever is less; notwithstanding the above, and as limited in § 2105 of this title, it shall be lawful to operate such a vehicle to and from any construction site located in this State when the total gross weight does not exceed 70,000 lbs.; and it shall also be lawful to operate such a vehicle containing agricultural products when the gross weight, including vehicle and load, does not exceed 70,000 lbs.; provided that vehicles utilizing the above exception shall pay a fee of $100 per vehicle at the time of registration for this extra weight capacity.

(3) A vehicle equipped with 4 axles, having each of the rear axles equipped with 2 hubs, with a power brake on each rear hub, shall not exceed a total gross weight of 73,280 pounds or manufacturer’s gross vehicle weight rating whichever is less.

(4) The total gross weight of a combination tractor and semitrailer having a total of 3 axles shall not exceed 60,000 lbs. or combined manufacturer’s gross vehicle weight rating whichever is less.

(5) The total gross weight of a combination tractor and semitrailer having a total of 4 axles shall not exceed 70,000 lbs. or combined manufacturer’s gross vehicle weight rating whichever is less.

(6) Except as otherwise provided in this paragraph, the total gross weight of a combination tractor and semitrailer having a total of 5 or more axles shall not exceed 80,000 lbs. or combined manufacturer’s gross vehicle weight rating whichever is less. For a live-haul poultry truck traveling less than 150 miles from the farm to the plant, the total gross weight including load of a combination of a truck tractor and semitrailer having a total of 5 or more axles shall not exceed 90,000 pounds. However, such a live-haul poultry truck may exceed the established weight limit by no more than 3 percent to account for variations in bird weight due to bird size, moisture retention caused by precipitation, or other unanticipated conditions. For the 90,000 pound weight limit and associated 3 percent variance to apply to a live-haul poultry truck, the following conditions must exist:

a. The live-haul poultry truck must be subject to the Motor Carrier Safety Assistance Program (MCSAP) inspection.

b. The live-haul poultry truck must adhere to all bridge weight limits.

c. The live-haul poultry truck must not use the interstate highway system.

d. The axels on a live-haul poultry truck must be a minimum of 96 inches apart no later than May 8, 2015.

(7) Except as otherwise provided herein, for single unit vehicles, no axle load shall exceed 22,400 pounds. With respect to any single unit vehicle, the maximum gross weight between any 3 consecutive axles that actually bear weight upon the pavement, and which have wheels spaced between 144 inches and not less than 60 inches apart when measured horizontally between their center lines, shall not exceed 60,000 lbs. With respect to any single unit vehicle, the maximum gross weight between any 2 consecutive axles that actually bear weight upon the pavement, and which have wheels spaced between 96 inches and not less than 40 inches apart when measured horizontally between their center lines, shall not exceed 40,000 pounds. With respect to any single unit vehicle, the maximum combined gross weight between any 2 consecutive axles that actually bear weight upon the pavement, and are less than 40 inches apart when measured horizontally between the center lines, shall not exceed 20,000 pounds. Where the distance between consecutive axle centers exceeds 96 inches, the weight for each such axle shall not exceed 22,400 pounds.

(8) Except as otherwise provided herein, for combination unit vehicles, no axle load shall exceed 22,400 pounds. With respect to any combination unit vehicle, the maximum gross weight between any 2 consecutive axles that actually bear weight upon the pavement and which have wheels spaced between 96 inches and not less than 40 inches apart, measured horizontally between their center lines, shall not exceed 36,000 pounds. Where the distance between consecutive axle centers exceeds 96 inches, the weight for each such axle shall not exceed 22,400 pounds. With respect to any combination vehicle, the maximum combined gross weight between any 2 consecutive axles that actually bear weight upon the pavement, and are less than 40 inches apart when measured horizontally between the center lines, shall not exceed 20,000 pounds.

(9) Farm operations. — Notwithstanding the other provisions of this section, the following applies to vehicles registered as (i) farm trucks or (ii) registered commercial motor vehicles that are controlled or operated by a farmer and while used in the operation of a farm. For these vehicles, no single axle load shall exceed 22,400 pounds, and with respect to any vehicle equipped with coupled axles spaced less than 48 inches apart measured horizontally between their center lines, the combined weight on the coupled axles shall not exceed 20,000 pounds and, with respect to a vehicle equipped with coupled axles spaced 48 inches or more apart measured horizontally between their center lines, the combined weight on the coupled axle shall not exceed 40,000 pounds. Furthermore, any farm loaded truck or farm vehicle carrying harvested products or livestock may exceed the weight limits established under this subsection by no more than 3 percent.

(10) Whenever the total gross weight permitted in any provisions of this section exceeds the total gross weight permitted as calculated pursuant to paragraph (c)(7) of this section, paragraph (c)(7) of this section shall be void.

(d) The Secretary of the Delaware Department of Transportation may, on the basis of engineering and/or traffic investigations, determine that any road, street, or highway under the jurisdiction of the Department of Transportation is not of sufficient width to accommodate vehicles otherwise permitted by this section and may thereafter prohibit vehicles of an otherwise permissible width from operation on such road, street or highway.

64 Del. Laws, c. 207, § 5; 69 Del. Laws, c. 73, § 2; 70 Del. Laws, c. 169, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, § 3; 74 Del. Laws, c. 133, § 1; 76 Del. Laws, c. 305, § 1; 77 Del. Laws, c. 67, § 1; 77 Del. Laws, c. 244, § 3; 77 Del. Laws, c. 316, §§ 2, 3; 79 Del. Laws, c. 220, § 2; 81 Del. Laws, c. 79, § 36; 82 Del. Laws, c. 93, § 3.;

(a) No person shall drive or move or, being the owner, cause or knowingly permit to be driven or moved on any interstate highway, federal-aid primary system highway, or United States numbered route, unless otherwise posted, any vehicle or combination of vehicles having a size or weight in excess of that permitted by this section. Provided, however, that such weight limitations and restrictions listed in this section apply only to the interstate highway; weight limitations and restrictions for federal-aid primary system highways and United States numbered routes shall be as listed in § 4502 of this title.

(b) (1) No vehicle, including any load thereon, shall exceed a height of 13 feet, 6 inches.

(2) The maximum length of a semitrailer, including any load thereon, exclusive of truck tractor size shall be 53 feet.

(3) The maximum length of a trailer or semitrailer in a truck tractor-semitrailer-trailer combination, including any load thereon, exclusive of tractor size shall be 29 feet.

(4) Buses shall not exceed 45 feet in length.

(5) Single vehicles including the load thereon shall not exceed 40 feet in length.

(6) No vehicle including any load thereon shall exceed a total outside width of 102 inches, exclusive of safety equipment, which shall not extend more than 3 inches wider on each side of the vehicle, or as shall be authorized by the Delaware Secretary of Public Safety.

(7) Notwithstanding paragraph (b)(5) or (6) of this section:

a. No recreational vehicle, including any load or truck camper thereon or any camping trailer, recreational trailer or park trailer attached thereto, shall exceed a total outside width of 102 inches, exclusive of any safety equipment, which shall not extend beyond the federal motor vehicle safety standards for such equipment, or appurtenances such as awnings and lights which are integral to the construction of the vehicle, installed by the vehicle’s manufacturer or dealer, and do not extend more than 6 inches wider on each side of the vehicle;

b. No single recreational vehicle, including any load or truck camper thereon, shall exceed 45 feet in length; and

c. No combination of a recreational vehicle with any vehicle, including the load thereon, nor any combination of any motor vehicle with any camping trailer, recreational trailer or park trailer attached thereto, shall exceed 65 feet in length.

(c) (1) Each weight stated in this section shall apply only to interstate highways and is a total gross weight which includes the weight of the vehicle, including load thereon and any enforcement tolerance applicable thereto.

(2) It shall be unlawful for the gross weight on any 1 axle to exceed 20,000 pounds.

(3) It shall be unlawful for the gross weight on any tandem or coupled axles to exceed 34,000 pounds.

(4) It shall be unlawful for the maximum gross weight for any vehicle to exceed the sum of the allowed axle weight for the number of axles actually bearing their full share of the weight upon the pavement or the smallest weight as calculated hereunder:

a. The gross weight of any vehicle or combination of vehicles shall not exceed the weights stated hereunder:

2 axles — 40,000 lbs. 3 axles — 54,000 lbs. 4 axles — 74,000 lbs. 5 axles — 80,000 lbs.

b. The maximum gross weight of any vehicle or combination of vehicles on a group of 2 or more consecutive axles shall not exceed the weight as calculated by this formula:

W=500LN/N-1+12N+36

For purposes of this subsection, W equals overall gross weight on any group of 2 or more consecutive axles to the nearest 500 pounds, L equals the distance in feet between the extreme of any group of 2 or more consecutive axles, and N equals the number of axles in the group under consideration except that 2 consecutive sets of tandem axles may carry a gross load of 34,000 pounds each, whenever the overall distance between the first and last axle of the consecutive sets is 36 feet or more.

(d) The Delaware Secretary of Transportation may, on the basis of engineering and traffic investigations, determine that certain interstate highways, federal-aid primary system highways, and United States numbered routes cannot accommodate vehicles, otherwise permitted under this section, and may thereafter prohibit operation of such vehicles on the interstate highways, federal-aid primary system highways, and United States numbered routes so designated.

(e) The provisions of this section do not apply to the following vehicles when such vehicles are being operated on interstate highways and United States numbered routes; provided, however, that the liability for damages caused by any vehicle operated under this provision shall be borne by the owner of said vehicle:

(1) Fire apparatus owned or used by an organized fire company.

(2) Farm equipment being temporarily operated, moved or transported on a highway. This provision only applies to farmers engaged in their agricultural related practices.

(f) Any vehicle subject to this subpart that utilizes an auxiliary power or idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling, may be allowed up to an additional 400 lbs. total in gross, axle, tandem, or bridge formula weight limits.

(1) To be eligible for this exception, the operator of the vehicle must be able to prove:

a. By written certification, the weight of the APU; and

b. By demonstration or certification, that the idle reduction technology is fully functional.

(2) Certification of the weight of the APU must be available to law-enforcement officers if the vehicle is found in violation of applicable weight laws. The additional weight allowed cannot exceed 400 lbs. or the weight certified, whichever is less.

(g) The State hereby adopts federal commercial vehicle size limit exemptions for vehicles operating on interstate highways, federal-aid primary system highways, and United States numbered routes within the State as directed in 49 U.S.C. § 31111 and 49 U.S.C. § 31113 as amended.

(h) The State hereby adopts federal interstate weight limit exemptions for vehicles operating on interstate highways within the State as directed in 23 U.S.C. § 127 as amended.

64 Del. Laws, c. 207, § 5; 67 Del. Laws, c. 345, §§ 1, 2; 68 Del. Laws, c. 281, § 1; 69 Del. Laws, c. 73, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, §§ 1, 2; 74 Del. Laws, c. 133, § 2; 77 Del. Laws, c. 124, § 1; 82 Del. Laws, c. 93, § 4.;

(a) The Secretary of Transportation may adopt such regulations, issue permits and may impose such fees as the Secretary may deem reasonable to implement the requirements of this chapter. The fee for permits issued pursuant to paragraph (c)(1) of this section for vehicles operating on any interstate highway within this State shall be $1.00 per single trip permit.

(b) (1) The Secretary of Transportation is hereby authorized to adopt rules and regulations, to establish and set fees and to adopt procedures for the issuance of permits for the movement of vehicles and/or loads of a size and weight exceeding the maximum specified in this chapter.

(2) Local authorities may adopt regulations under which permits may be granted for the movement of vehicles and/or loads of a size and weight exceeding the maximum specified in this chapter over any highway for which the local authority has the sole maintenance responsibility.

(3) Every permit granted shall be in writing and shall contain a description of the vehicle and load, a statement of the fee levied and the name of the authorized officer of the granting authority. It may designate the route and certain restrictions, rules, conditions and regulations as deemed necessary.

(4) Permits may be obtained only for vehicles or trailers complying with this title.

(5) A permit obtained pursuant to this section shall relieve no person of the obligation to comply with all laws, rules and regulations otherwise applicable.

(c) (1) Single trip permits shall be issued for single trips from the designated starting point to the designated terminal point. Intermediate stopping points and round trips are not permitted.

(2) Multi-trip permits shall be issued for a period of 1 year or the period from the first day of the month to the first day of the following month. Each permit shall be valid as authorized herein; it shall not be transferable.

a. Utility companies may be issued a permit for piling and pole trailers. Each permit may be valid for up to 4 trailers at the time of issue.

b. Utility companies and governmental agencies may be issued a permit for a manned and/or unmanned aerial type single motor vehicle up to 50 feet long. Each permit shall be valid for an individual vehicle only.

c. Pole and piling haulers may be issued a permit for piling and pole movements. Each permit shall be valid for an individual tractor only.

d. A specific route permit may be issued to owners or renters of double-bottom vehicles weighing not more than 80,000 lbs. with a width of not more than 102 inches. Each permit shall be for a single route between 2 specific points. Such permit shall not be vehicle specific; it is route specific.

e. Permits shall not be issued under paragraph (c)(2)d. of this section for any route which has a posted speed limit over 30 m.p.h. and has travel lanes less than 11 feet wide as measured from face of curb or edge of travelway.

f. Multi-trip permits shall not be issued for any purpose not specifically authorized in paragraph (c)(2)a., b., c. or d. of this section.

g., h. [Deleted.]

(d) Notwithstanding any provision or regulation to the contrary, all operators of self-propelled cranes, as defined in § 101 of this title, shall be allowed to apply for and receive a 1-year blanket permit allowing unlimited moves of said self-propelled crane. These blanket permits can be renewed each year. For purposes of this subsection, a “blanket permit” is an unlimited movement permit for each self-propelled crane owned by an applicant. Said permit shall be issued per the rules and regulations adopted by the Department of Transportation.

(e) (1) Every permit shall be carried in the vehicle to which it refers during the movement it authorizes and it shall be open to inspection by any police officer.

(2) Copies of multi-trip permits issued to utility companies may be carried by their vehicles in lieu of the original.

(3) Copies of multi-trip permits issued for bus operation may be carried in the buses in lieu of the original.

(4) Copies of multi-trip permits issued for the movement of double-bottom vehicles may be carried in the vehicle in lieu of the original or they may be posted at the destination point of the route or they may be retained at the nearest office of the permittee.

(5) [Deleted.]

(f) (1) No person shall fail to provide accurate information concerning the granting of a permit.

(2) No person shall violate any of the terms, conditions, restrictions, rules or regulations published in the policy or stated on the permit. A violation of any of the terms and conditions set forth in such permit shall render the permit null and void.

(3) Any permit obtained on the basis of false or misleading data is null and void. Any fee levied for it shall not be returned or transferred.

(4) Any permit which shall be rendered null and void for whatever reason shall subject the violator to such punishment as shall be permitted by law for persons not having obtained permits in the first instance.

(g) The revenue from the fees imposed pursuant to this section shall be deposited no later than the close of the next business day following such receipt, to the credit of the Transportation Trust Fund, established pursuant to Chapter 14 of Title 2, as amended.

36 Del. Laws, c. 10, § 119; Code 1935, § 5657; 45 Del. Laws, c. 283, § 3; 47 Del. Laws, c. 57; 21 Del. C. 1953, § 4504; 57 Del. Laws, c. 671, § 10; 59 Del. Laws, c. 101, §§ 1, 2; 60 Del. Laws, c. 503, § 24; 62 Del. Laws, c. 343, § 1; 64 Del. Laws, c. 207, § 5; 64 Del. Laws, c. 338, §§ 1-3; 67 Del. Laws, c. 345, § 3; 69 Del. Laws, c. 291, § 264; 70 Del. Laws, c. 169, §§ 3-6; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 220, §§ 1-3; 75 Del. Laws, c. 118, §§ 1, 2; 82 Del. Laws, c. 28, § 1.;

The Secretary of Transportation may implement this chapter by erection of traffic control devices and provided further that:

(1) Traffic control devices may be erected on any highway establishing the maximum permitted weight of any vehicle including load that may be driven thereover.

(2) Traffic control devices may be erected on any highway prohibiting the operation of trucks or other commercial vehicles thereover.

36 Del. Laws, c. 10, § 120; Code 1935, § 5658; 46 Del. Laws, c. 124; 21 Del. C. 1953, § 4505; 58 Del. Laws, c. 550; 60 Del. Laws, c. 503, § 24; 60 Del. Laws, c. 700, § 9; 60 Del. Laws, c. 701, § 64; 64 Del. Laws, c. 207, § 5.;

(a) Any police officer, having reason to believe that the weight of a vehicle and load is unlawful, or during the course of a routine check of all applicable vehicles, may weigh said vehicle by means of a portable or stationary scale and/or may require that such vehicle be driven to a designated scale location and be weighed. The officer may then require the driver to unload immediately such portion of the load as is necessary to decrease the gross weight of such vehicle to the maximum specified in this chapter or for which it is registered, whichever is the lesser weight. All such materials shall be unloaded and cared for by the owner or operator of the vehicle at the risk and expense of such owner or operator. All farm vehicles and trucks are exempted from this subsection while engaged in farming operations except live-haul poultry trucks shall not be exempted from this section.

(b) It shall be unlawful for an owner or operator to fail to remove from the deposit area by a time specified by the officer any such material that has been unloaded. An owner or operator, or both, found to be in violation of this section shall be punished as provided in § 4508 of this title.

(c) It shall be unlawful and punishable pursuant to § 4508 herein for an owner or operator to:

(1) Fail to obey traffic control devices erected to enforce this chapter;

(2) Fail to stop at areas selected for vehicle weighing operations;

(3) Deviate from the route of travel to avoid State Police weighing operations;

(4) Deliberately destroy or damage traffic control devices or weighing equipment erected or established to enforce this chapter.

(d) (1) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to an unattended vehicle found to be in violation of § 4508 of this title by any police officer authorized to arrest for violations of this title, in lieu of arrest of the operator of such vehicle.

(2) If the identity of the operator of an unattended vehicle is not otherwise apparent, it shall be prima facie evidence that the person in whose name the vehicle is registered as the owner is responsible for such violation.

(e) Any remedy or penalty imposed pursuant to this section shall not relieve the owner or operator of any requirement or penalty otherwise imposed by operation of law or pursuant to this chapter.

36 Del. Laws, c. 10, § 118; 37 Del. Laws, c. 10, § 32; Code 1935, § 5656; 21 Del. C. 1953, § 4506; 57 Del. Laws, c. 543; 64 Del. Laws, c. 207, § 5; 66 Del. Laws, c. 266, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 102; 78 Del. Laws, c. 152, § 1; 79 Del. Laws, c. 220, § 3.;

(a) The Secretary of Safety and Homeland Security may adopt such regulations and procedures as may be necessary to implement this section and to select such equipment as may be necessary for law-enforcement weighing purposes.

(b) Equipment used for law-enforcement weighing may include, but is not limited to, the following:

(1) “Vehicle scale”;

(2) “Axle load scale”;

(3) “Wheel load weigher”.

(c) The tolerance or permissible error from true value for weighing devices utilized for law-enforcement purposes shall be those which have been adopted by the Division of Standards and Inspection of the State Department of Agriculture.

(d) Vehicle weights may be determined by either of the methods defined as follows:

(1) “Single draft weighting”;

(2) “Multiple draft weighting”.

21 Del. C. 1953, § 4508; 57 Del. Laws, c. 542; 61 Del. Laws, c. 230, §§ 1, 2; 64 Del. Laws, c. 207, § 5; 74 Del. Laws, c. 110, § 103.;

(a) Any person who violates any requirement of this chapter, relating to size or weight of a vehicle or a combination of vehicles or restrictions regarding parking in residence districts pursuant to § 4512 of this title, shall be punished as follows:

(1) A first offense shall be punishable by a fine of not less than $28.75 nor more than $230 or by a term of imprisonment of not more than 30 days or both.

(2) A subsequent like offense shall be punishable by a fine of not less than $115 nor more than $575 or by a term of imprisonment of not more than 60 days or both.

(b) Any person who violates any requirement of this chapter, specifically relating to weight of a vehicle or a combination of vehicles, such that said vehicle shall be classified as an “overweight vehicle,” shall in addition to whatever other penalties may be allowed by law be punished as follows:

(1) A first offense shall be punishable by a fine for all excess weight up to and including 5,000 pounds in the amount of 2.3 cents per pound and a fine for all excess weight over 5,000 pounds in the amount of 5.75 cents per pound or by a term of imprisonment not to exceed 30 days or both.

(2) Each subsequent offense shall be punishable by a fine for all excess weight up to and including 5,000 pounds in the amount of 5.75 cents per pound and a fine for all excess weight over 5,000 pounds in the amount of 11.5 cents per pound or by a term of imprisonment not to exceed 60 days or both.

(c) For purposes of this section a first offense shall be defined as one not previously committed by the person charged within the previous 24 months prior to the date of the offense. A subsequent like offense shall be deemed to have occurred if the person charged has previously been convicted or charged and subsequently convicted of the same offense within the previous 24 months prior to the date of this offense.

36 Del. Laws, c. 10, § 142; 38 Del. Laws, c. 30; 40 Del. Laws, c. 37, § 1; Code 1935, § 5680; 46 Del. Laws, c. 61; 21 Del. C. 1953, § 4507; 60 Del. Laws, c. 596, § 1; 63 Del. Laws, c. 337, § 2; 64 Del. Laws, c. 207, § 5; 68 Del. Laws, c. 9, §§ 52, 53; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 237, § 2.;

(a) Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this chapter. Upon a finding of guilt, such justice of the peace may impose such penalties or combination of penalties as are permitted by this chapter. Upon application of the State or defendant, in accordance with the rules of the applicable court, the matter may be removed to the Court of Common Pleas for determination. All other rules of the courts of Delaware shall apply. The justice of the peace may require any or all defendants to post a bond in an amount sufficient to guarantee payment of all potential fines and costs which may be required to be paid should a judgment of guilt be determined as to each such defendant or which shall be forfeit in the event the defendant fails to appear for a scheduled Court appearance. In the event, a bond shall be posted in an amount sufficient to cover the minimum potential fine and costs which may be imposed, upon the adjudication of guilt.

(1) Any such bond shall be made payable to the court upon demand in the event the defendant fails to appear for a scheduled court appearance or upon default on the judgment against the defendant.

(2) Upon forfeiture of the bond to the court such bond shall be made payable to the State upon expiration of the appropriate appeal period.

(3) Upon adjudication of guilt and payment of such fines and costs as may be imposed by the court or upon a finding of not guilty and expiration of the appropriate appeal period, such bond shall be returned to the defendant(s).

(b) In the event either party applies to have the matter removed to the Court of Common Pleas, as provided herein, any bond imposed pursuant to subsection (a) of this section shall be reissued in the name of the appropriate court. All other provisions of subsection (a) of this section shall apply.

(c) In the event either party appeals, such bond(s) issued pursuant to this section shall remain in full force and effect until such time as the matter has finally been resolved.

36 Del. Laws, c. 10, § 120; Code 1935, § 5658; 46 Del. Laws, c. 124; 21 Del. C. 1953, § 4505; 58 Del. Laws, c. 550; 60 Del. Laws, c. 503, § 24; 60 Del. Laws, c. 700, § 9; 60 Del. Laws, c. 701, § 64; 64 Del. Laws, c. 207, § 5.;

(a) Any conflict between a provision of this chapter and any federal law or implementing regulation, such provision of this chapter shall be void and of no force and effect and unenforceable. Any such provision of this chapter declared to be inoperable, as provided herein, shall be brought to the attention of the next session of the General Assembly and shall not, in any event, serve to invalidate any other provision of this chapter.

(b) Any other provision of this chapter to the contrary notwithstanding, a vehicle or combination of vehicles having a weight in excess of that permitted by § 4503 of this title lawfully may be operated on any interstate highway or United States numbered route if such vehicle or combination of vehicles has been issued a permit for that purpose pursuant to § 4504 of this title. Regarding such permits issued pursuant to § 4504(c)(1) of this title, the State has determined that vehicles bearing such permits could be lawfully operated within this State on July 1, 1956.

64 Del. Laws, c. 207, § 5; 67 Del. Laws, c. 345, § 4; 70 Del. Laws, c. 259, § 7.;

A tow truck or wrecker may, without regard to the limitations of the length, weight or width as specified in this chapter, tow disabled or abandoned truck, trucks and trailers, or truck and semitrailers from highways to a point where such disabled or abandoned vehicle can be repaired or stored.

63 Del. Laws, c. 337, § 1; 64 Del. Laws, c. 207, § 5.;

(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:

(1) Trailer, semi-trailer, or recreational trailer unattached to a motor vehicle; or

(2) A motor vehicle the length of which is greater than 276 inches or the width of which is over 96 inches or the height of which is over 120 inches or the gross vehicle weight of which exceeds 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 ongoing 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. This exemption shall only apply if such motor vehicle is parked immediately and entirely adjoining the property of the residence or business, being serviced. 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:

a. By a public utility as defined in § 102(2) of Title 26 or by others working on its behalf;

b. In connection with a cable television system as defined in § 102(4) of Title 26; or

c. By a municipality or municipal electric company or by others working on their behalf.

(c) 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 with a trailer, semi-trailer, or recreational trailer attached unless:

(1) It is parked, stored, or permitted to be parked or stored on the highway immediately and entirely adjacent to the owner’s property; or

(2) Unless the exemptions otherwise applicable to motor vehicles in subsection (b) of this section apply.

(d) This section shall apply to only New Castle County.

76 Del. Laws, c. 334, § 1; 78 Del. Laws, c. 237, § 1.;

(a) Definitions. — As used in this section:

(1) “County” means the 3 counties of this State: New Castle, Kent, and Sussex.

(2) “County law” means any legislative, administrative, or other law or policy implemented by the governing body of a county.

(3) “Driver” does not include an employee of the owner of a motor vehicle.

(4) “Municipality” includes all cities, towns, and villages created under any general or special law of this State for general governmental purpose and which possesses legislative, administrative, or police powers for the general exercise of municipal functions and carry on the functions through a set of elected and other officials.

(5) “Municipal law” means any legislative, administrative, or other law or policy implemented by a municipality.

(6) “Recorded image” means an image recorded by a vehicle height monitoring system and includes any of the following:

a. A photograph.

b. A microphotograph.

c. A digital image.

d. A video.

e. Any other medium used to store images or sounds to be seen or heard later.

(7) As used in this section, “road” means an open way for motor vehicles, and includes all of the following:

a. A Delaware byway, express highway, road, highway, or state highway, as those terms are defined under § 101 of this title.

b. A road, street, highway, roadway, or any similar term, as defined under a county or municipal law.

(8) “Vehicle height monitoring system” means a device with 1 or more motor vehicle sensors that is capable of producing a recorded image of a motor vehicle whose height exceeds a limit imposed under this title.

(b) Purpose. — This section establishes the authority for the State or its counties or municipalities to use a vehicle height monitoring system to assist in the enforcement of applicable state, county, and municipal law regarding motor vehicle size, including under Chapter 45 of this title. This section does not establish a new violation.

(c) Applicability. — (1) This section does not apply to any of the following:

a. An emergency vehicle.

b. An authorized state vehicle or snow plow.

c. A school bus.

d. A vehicle for which an owner, an employee of an owner, or a driver provides proof that it is being used to make a delivery.

e. A recreational vehicle.

(2) An employer, not the employer’s employee, is liable under this section if a violation under this section occurs while an employee is using, for the purposes of employment, a vehicle that the employer owns.

(d) Initial implementation; responsible authority. — A vehicle height monitoring system may be installed or used to record images of a motor vehicle traveling on a road in this State after the requirements of paragraph (d)(1) of this section and, if applicable, paragraph (d)(3) of this section, have been met.

(1) By August 15, 2020, the Department of Transportation shall do both of the following:

a. Identify roads in this State as potential candidates for the placement of vehicle height monitoring systems.

b. Conduct an analysis to determine the appropriateness of each location.

(2) After the requirements of paragraph (d)(1) of this section have been met, the Secretary of the Department of Safety and Homeland Security may approve and install a vehicle height monitoring system to be used on a road maintained by the State.

(3) A county or municipality may install and use a vehicle height monitoring system on a road maintained by the county or municipality after all of the following requirements have been met:

a. Paragraph (d)(1) of this section.

b. The county or municipality adopts an ordinance authorizing the use of a vehicle height monitoring system at a location identified as a potential candidate under paragraph (d)(1) of this section.

c. The county or municipality publishes notice of each vehicle height monitoring system location in a newspaper of general circulation in the area in which the vehicle height monitoring system will be installed or used.

d. All signs stating restrictions on the presence of certain motor vehicles during certain times approaching and within the segment of road on which the vehicle height monitoring system is located meet all of the following criteria:

1. Are in accordance with the Delaware Manual on Uniform Traffic Control Devices.

2. Indicate that a vehicle height monitoring system is in use.

(e) Vendor selection. — The Department of Safety and Homeland Security shall utilize a supporting vendor to provide vehicle height monitoring systems for the State, counties, and municipalities. The system vendor must be selected through an open competitive procurement process which allows for the government and taxpayer to benefit from improved quality at lower pricing. To assure integrity and propriety, a person involved in the administration or enforcement of the vehicle height monitoring system may not own any interest or equity in the vendor used.

(f) Vehicle height monitoring system requirements and maintenance; daily set-up log. — (1) A vehicle height monitoring system must adhere to the motor vehicle size limits imposed by state, county, or municipal law.

(2) A daily log must be maintained for each vehicle height monitoring system installed and in use in this State. The Secretary of the Department of Public Safety and Homeland Security shall designate a vehicle height monitoring system technician to fulfill the requirements of paragraph (f)(3)a. of this section for a vehicle height monitoring system installed on a state-maintained road. A county or municipality that has adopted an ordinance to install a vehicle height monitoring system shall designate a vehicle height monitoring system technician to fulfill the requirements of paragraph (f)(3)a. of this section for a vehicle height monitoring system installed on a road maintained by the county or municipality.

(3) A vehicle height monitoring system technician shall do all of the following:

a. Fill out and sign a daily set-up log for each vehicle height monitoring system to which the vehicle height monitoring system technician is assigned. The log must do all of the following:

1. Include a statement that the technician successfully performed the manufacturer-specified self-test of the vehicle height monitoring system before producing a recorded image.

2. Be kept on file.

3. Be admitted as evidence in any court proceeding for the violation that the recorded image captured.

b. With the approval of a law-enforcement officer of the applicable jurisdiction, issue a violation notice and send the notice to the registered owner of the motor vehicle.

(g) Violation criteria. — For a violation to occur, a motor vehicle must exceed a size limitation under this chapter or county or municipal law.

(h) Civil penalty. — Unless a law-enforcement officer issued a citation to the owner or driver of the motor vehicle at the time of the violation, the owner or driver is subject to a civil penalty if a vehicle height monitoring system captures the owner’s motor vehicle while violating state, county, or municipal law restricting the presence of certain vehicles at certain times. A civil penalty under this subsection may not exceed any of the following:

(1) For a first violation by the owner, an employee of the owner, or the driver of the motor vehicle, a mailed warning notice instead of a civil penalty. For purposes of this section, “first violation” means the owner, an employee of the owner, or the driver of the motor vehicle has not previously violated a state, county, or municipal law restricting the presence of certain motor vehicles at certain times within 24 months before the date of the violation.

(2) For a second violation by the owner, an employee of the owner, or the driver of the motor vehicle, $250.

(3) For third or subsequent violation by the owner, an employee of the owner, or the driver of the motor vehicle, $500.

(i) Issuance of citation; contents; duty of recipient. — The State, county, or municipality, whichever applies, shall, within 30 days of the violation, mail a notice of violation to the owner of a motor vehicle that was captured on a vehicle height monitoring system while violating a state, county, or municipal law restricting the presence of certain vehicles at certain times. The notice of violation must include all of the following:

(1) The name and address of the registered owner of the motor vehicle.

(2) The registration number of the motor vehicle involved in the violation.

(3) The violation charged.

(4) The location at which the violation occurred.

(5) The date and time of the violation.

(6) A copy of the recorded image of the motor vehicle.

(7) The amount of the civil penalty imposed and the date by which the civil penalty must be paid.

(8) A signed statement by a law-enforcement officer of the applicable jurisdiction that, based on inspection of the recorded image, the motor vehicle was being operated in violation of a state, county, or municipal law restricting the presence of certain vehicles at certain times.

(9) A statement that the recorded image is evidence of the violation.

(10) Information advising the owner of the manner, time, and place by which liability as alleged in the notice may be contested.

(11 Information warning the owner that failure to pay the civil penalty or contest liability in a timely manner is an admission of liability and may result in a judgment being entered against the owner or the denial of the registration or renewal of any of the owner’s motor vehicles.

(12) Notice that the owner’s ability to rebut the presumption that the owner or an employee of the owner was the operator of the motor vehicle at the time of the alleged violation and the means for rebutting the presumption.

(j) Evidence; witnesses. — (1) A certificate alleging that a violation of a state, county, or municipal law restricting the presence of a certain motor vehicle during a certain time occurred and that the requirements under subsections (d) and (f) of this section have been met and affirmed by a duly authorized law-enforcement officer based on inspection of a recorded image produced by a vehicle height monitoring system is both of the following:

a. Evidence of the facts contained in the certificate.

b. Admissible in a proceeding alleging a violation under this section without the presence or testimony of the vehicle height monitoring system technician.

(2) A recorded image from a vehicle height monitoring system is evidence of a violation only if the image shows all of the following:

a. The front or side of a motor vehicle.

b. At least 2 time-stamped recorded images of the motor vehicle that include the same stationary object near the motor vehicle.

c. On at least 1 recorded image, a clear and legible identification of the entire registration plate number of the motor vehicle.

(3) If an owner or driver who received a notice of violation under this section desires the vehicle height monitoring system technician to be present and testify at trial, the owner or driver shall notify the court and the State, county, or municipality, whichever issued the notice of violation, in writing no later than 20 days before trial.

(4) Adjudication of liability is based on a preponderance of the evidence.

(k) Defenses. — (1) The court may consider in defense of a violation either of the following:

a. Subject to paragraph (k)(2) of this section, that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner, an employee of the owner, or the driver at the time of the violation.

b. Any other issue or evidence that the court deems pertinent.

(2) To demonstration a defense under paragraph (k)(1) of this section, the owner or driver must submit proof that a police report regarding the stolen motor vehicle or registration plates was filed in a timely manner.

(l) Status of violation. — A violation for which a civil penalty is imposed under this section is not a moving violation for the purpose of assessing points under CDR 2-2000-2208, and may not be any of the following:

(1) Recorded on the driving record of the owner, an employee of the owner, or driver of the motor vehicle.

(2) Treated as a parking violation under state, county, or municipal law.

(3) Considered in the provision of motor vehicle insurance coverage.

(m) Adoption of procedures for issuance of citations. — The Justice of the Peace Court, upon approval by the Chief Justice, may develop court rules, administrative directives, or other forms of policies for handling violations under this section.

(n) Administration and processing of citations. — (1) The State or a county or municipality, or a contractor designated by the State or a county or municipality, shall administer and process civil citations issued under this section in coordination with the court.

(2) If a contractor operates a vehicle height monitoring system on behalf of the State or a county or municipality, the contractor’s fee may not be contingent on the number of citations issued or paid.

82 Del. Laws, c. 203, § 1.;