SB 89 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRAFFIC CONTROL DEVICES FOR SIZE AND WEIGHT OF VEHICLES AND LOADS.

(d)(1) The Secretary of the Department shall submit an order issued under subsection (c) of this section to the Registrar of Regulations for publication in the Register of Regulations.

The Secretary shall also publish the order on the Department’s website with other similar orders.

(2) An incorporated municipality exercising its authority under § 134(e) of Title 17 shall submit notice of the municipality’s action to the Registrar of Regulations for publication in the Register of Regulations.

For a state- maintained highway, the notice must include a certification from the Department that the notice has been approved by the Department.

The Secretary shall publish the notice on the Department’s website with orders issued by the Department under paragraph (d)(1) of this section.

(e) It is unlawful for a person to drive or move or, being the owner, cause or knowingly permit to be driven or moved, a vehicle or combination of vehicles in violation of a traffic control device erected under subsection (c) of this section.

(f)(1) For purposes of this subsection:

a.

“First offense” means a person has not, before the date of this offense, previously been convicted of violating the traffic control device at the location of the offense.

b.

“Subsequent like offense” means a person has, before the date of this offense, been convicted of violating the traffic control device at the location of the offense.

(2) Section 4508 of this title does not apply to a violation of subsection (e) of this section.

(3) A violation of paragraph (c)(1) of this section is punishable as follows:

a.

For a first offense, by both of the following:

1.

A fine of not less than $250 nor more than $450 or by a term of imprisonment of not more than 30 days or both.

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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.

b.

For a subsequent like offense, by both of the following:

1.

A fine of not less than $500 nor more than $650 or by a term of imprisonment of not more than 60 days or both.

2.

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.

(4) A violation of paragraph (c)(2) this section is punishable as follows:

a.

For a first offense, by a fine of not less than $250 nor more than $450 or by a term of imprisonment of not more than 30 days or both.

b.

For a subsequent like offense, by a fine of not less than $450 nor more than $650 or by a term of imprisonment of not more than 60 days or both.

(5) A subsequent like offense under this subsection constitutes a moving violation.

SYNOPSIS This Act makes the following changes related to traffic control devices erected on order of the Secretary of the Department of Transportation (“Secretary”) limiting the size and weight of vehicles and loads permitted on a specific highway:

(1) Provides definitions of terms used on traffic control devices that limit the size or weight of vehicles or prohibit the operation of trucks or other commercial vehicles on the highway, including terms that provide exceptions to posted prohibitions, including “local service” and “residential service”.

(2) Requires the Secretary, and a municipality exercising its authority under § 134(e) of Title 17 (regarding prohibiting the operation of trucks or other commercial vehicles or imposing limits as to the weight of trucks or other commercial vehicles on designated highways), to submit an order issued under this Act to the Registrar of Regulations for publication in the Register of Regulations and publish the order on the Department’s website.

(3) Clarifies that violation of a traffic control device erected by order of the Secretary is a specific offense.

(4) Increases the monetary penalty for a violation of a traffic control device erected by order of the Secretary over the existing penalty in § 4508 of Title 21.

(5) Makes a subsequent violation of a traffic control device erected by order of the Secretary a moving violation, which results in the Department assessing points on an individual’s license based on the violation.

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