Chapter 47. Motor Carrier Safety--responsibility
TITLE 21
Motor Vehicles
Operation and Equipment
CHAPTER 47. MOTOR CARRIER SAFETY--RESPONSIBILITY
§ 4701. Statement of legislative purpose.
The purpose of this chapter is to reduce truck and bus related accidents on our highways by minimizing the causes related to mechanical failures, driver error and careless safety practices by motor carriers, and to standardize regulations for the transportation industry.
65 Del. Laws, c. 198, § 1.;
§ 4702. Adoption of federal requirements -- In general.
(a) The State hereby adopts the following parts of the Code of Federal Regulations, Title 49, Chapter III, Subchapter B, except as modified by this chapter: Part 387, Part 390, Part 391, Part 392, Part 393, Part 395, Part 396 and Part 397 adopted pursuant to the Transportation Article of the United States Code (49 U.S.C. § 101 et seq.).
(b) Notwithstanding the adoption of the laws and regulations as indicated in subsection (a) of this section, no requirements under this chapter shall apply to any single vehicle or a vehicle in combination operated in intrastate commerce with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except for:
(1) A vehicle being used to transport hazardous materials of a type or quality that requires the vehicle to be marked or placarded in accordance with the Federal Motor Carrier Safety Regulations; or
(2) A vehicle having a seating capacity of 16 or more persons.
65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 11; 74 Del. Laws, c. 217, §§ 16-18; 75 Del. Laws, c. 324, § 1.;
§ 4703. Adoption of federal requirements -- Amendments of Part 390.
(a) Amend § 390.3 of Part 390 by adding "and intrastate" after the word "interstate" and before the word "commerce."
(b) [Deleted].
65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 1; 74 Del. Laws, c. 217, § 19.;
§ 4704. Adoption of federal requirements -- Amendments of Part 391.
(a) Section 391.11(b)(1) of Part 391 is stricken in its entirety and in its place is inserted the following: "(1) Is at least 21 years old if engaged in interstate commerce or at least 18 years or older and has at least 1 year previous experience as an operator of a motor vehicle if engaged in intrastate commerce".
(b) Intra-State Only Restricted Commercial Driver License Medical -- Persons who are not physically qualified to drive a commercial motor vehicle per 49 C.F.R. Section 391.41 may apply for an intrastate only restricted commercial driver license waiver provided they are otherwise qualified to drive a motor vehicle, other than a motor vehicle which requires endorsements to transport passengers or hazardous materials, and meet the other provisions of this subsection, Title 21 and the Federal Motor Carrier Regulations.
The applicant must provide evidence and certify to the Secretary of Transportation that they have:
(1) Held a CDL and were employed on a full time basis in the operation of motor vehicles weighing over 26,000 pounds for at least 4 years during the previous 6 years;
(2) Not had a CDL disqualification during the previous 6 years;
(3) Not incurred 4 or more serious traffic violations, railroad-highway grade crossing offenses or out-of-service violations during the previous 6 years.
The Division will establish policy to administer the CDL medical waiver program. The applicant must provide recent physical examinations signed by the driver's primary physician and, if appropriate, from a medical specialist. The Division may require the applicant to successfully complete a training course and evaluation by a physical rehabilitation center. The Division may refer individual applications to the Medical Advisory Board for their advice concerning the applicant's ability to safely operate motor vehicles weighing more than 26,000 pounds. The driver may be required to successfully complete the CDL knowledge tests and CDL road skill test prior to issuing an intra-State only restricted CDL license.
A "K" restriction will be added to the CDL driver license once a medical waiver is granted. The CDL medical waiver expires on the CDL expiration date or upon a date determined by the Division, whichever is earlier. Ninety days before the CDL medical waiver expires, the Division will notify the driver by letter using the address of record that the driver must reapply for a CDL medical waiver to continue operating a commercial motor vehicle in this State. However, once an applicant is initially granted a CDL medical waiver, the Division may issue a 90-day temporary CDL medical waiver pending the results of medical or rehabilitation examinations.
(c) State, county and local government employees who hold a commercial driver license and operate commercial motor vehicles as defined by § 2603(7) of this title as part of their official duties for the State or any political subdivision therein, shall meet the federal physical qualifications and examination requirements found in 49 C.F.R. Part 391, Subsection E unless 1 of the following exceptions apply:
(1) The employee is approved for an intrastate only restricted commercial driver license in accordance with subsection (b) of this section; or
(2) The employee is a school bus driver and has met the annual Department of Education physical examination requirements in accordance with § 2708(a)(2) of this title.
65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, §§ 2-4; 66 Del. Laws, c. 426, § 1; 74 Del. Laws, c. 110, § 104; 74 Del. Laws, c. 217, § 20; 75 Del. Laws, c. 220, §§ 1, 2; 76 Del. Laws, c. 42, § 1.;
§ 4705. Adoption of federal requirements -- Amendments of Part 392.
(a) Amend § 392.4 of Part 392 by adding a new subparagraph (e) to read as follows: "(e) Nothing in this section shall preclude prosecution under § 4177 of this title."
(b) Amend § 392.5 of Part 392 by adding a new subparagraph (c) to read as follows: "(c) Nothing in this section shall preclude prosecution under § 4177 of this title."
(c) [Deleted].
65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 5; 74 Del. Laws, c. 217, § 21.;
§ 4706. Adoption of federal requirements -- Amendment of Part 393.
Repealed by 74 Del. Laws, c. 217, § 22, eff. Sept. 30, 2005.
§ 4707. Adoption of federal requirements -- Amendment of Part 395.
(a) Amend 49 C.F.R. § 395.3(b) by striking the word "No" as it appears as the 1st word thereof, and by substituting in lieu thereof the phrase, "Unless an emergency waiver is issued by the Director of the Delaware Emergency Management Agency, to assist with energy supply deliveries such as heating oil and liquefied petroleum gas, no."
(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. Part 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."
(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. Part 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."
66 Del. Laws, c. 114, § 10; 73 Del. Laws, c. 14, § 1; 74 Del. Laws, c. 217, § 23; 75 Del. Laws, c. 12, §§ 1, 2.;
§ 4708. Adoption of federal requirements -- Amendments of Part 396.
(a) Subsection (a) of § 396.9 is stricken in its entirety and the following is substituted in its place: "(a) Personnel authorized to perform inspections -- Every special agent of the Federal Highway Administration, Secretary of Public Safety, the Secretary of Safety and Homeland Security's deputies, state police, other sworn police officers and size and weight enforcement technicians of the Division of State Police working in conjunction with and in the physical presence of a uniformed police officer, are hereby authorized to enter and perform inspections of any motor vehicle, cargo and driver of any motor carrier for compliance with safety regulations adopted pursuant to this chapter. State police size and weight enforcement technicians shall have the same authority and duties enforcing this chapter as granted in § 710 of this title."
(b) Farm vehicles being operated on an intrastate basis within this State shall be exempt from the recordkeeping requirements as provided in Part 396.
65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, §§ 6-8; 74 Del. Laws, c. 110, § 105; 74 Del. Laws, c. 217, § 24.;
§ 4709. Fines, penalties, voluntary assessments.
(a) Any person, driver or motor carrier who violates any subpart of this chapter, or fails to do any act required by any subpart in this chapter or does any act forbidden in this chapter or subpart of the Code of Federal Regulations hereby adopted, upon conviction thereof, shall be sentenced to pay a fine for each violation of not less than $28.75 nor more than $115, or imprisonment for not more than 30 days or both. Any such person, driver or motor carrier committing a second or subsequent offense within 2 years upon conviction thereof shall be sentenced to pay a fine of not less than $115 nor more than $575 or imprisonment for not less than 60 days nor more than 1 year, or both.
(b) Section 709 of this title shall be applicable to this chapter.
65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 8; 68 Del. Laws, c. 9, § 55.;
§ 4710. Authority to place vehicle, etc., out of service.
The Secretary of Public Safety, the Secretary of Safety and Homeland Security's deputies, state police and other police officers authorized by law to make arrests for violations of the motor vehicle and traffic laws of the State are hereby authorized to place any vehicle, driver or operator out of service for any violation of this chapter.
65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 8; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 106.;
§ 4711. Jurisdiction.
Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this chapter.
65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 8.;
§ 4712. Authority to enforce regulations.
(a) The Secretary of Public Safety, the Secretary of Safety and Homeland Security's deputies, state police and other sworn police officers are hereby authorized to make arrests without a warrant for any violation of this chapter committed in their presence.
(b) The Secretary of Public Safety, the Secretary of Safety and Homeland Security's deputies, state police and other sworn police officers authorized by the law to make arrests for violations of this chapter without a warrant are authorized upon reasonable and probable cause to believe, based upon personal investigation of a motor vehicle accident which may include information obtained from eyewitnesses, that a violation has been committed by any person then and there present and to arrest such person without a warrant.
65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 8; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, §§ 107, 108.;
§ 4713. Authority to promulgate rules and regulations.
The Secretary of Public Safety has authority to promulgate rules and regulations to carry out the stated purposes of this chapter. (65 Del. Laws c. 198, § 1; 66 Del. Laws, c. 114, § 8.)
§ 4714. Conflicts with other requirements of Delaware Motor Vehicle Code.
(a) Nothing contained in this chapter shall be construed to prohibit the use of additional equipment and accessories, not inconsistent with or prohibited by this chapter, provided such equipment and accessories do not decrease the safety of operation of the motor vehicles on which they are used.
(b) Compliance with this chapter does not relieve the obligation to comply with other chapters of Titles 21 and 29; however, if a conflict occurs, the state or federal regulation herein adopted which promotes the greater degree of safety shall control.
65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, § 8.;