DELAWARE STATE SENATE

149th GENERAL ASSEMBLY

SENATE BILL NO. 129

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO OVERWEIGHT FARM EQUIPMENT.

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

Amend Chapter 45, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(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.

SYNOPSIS

This bill makes clear that farm equipment and implements of husbandry, including when being temporarily moved or transported by a manufacturer, dealer, business, or commercial transport company, shall not be subject to the weight requirements of Section 4502 and therefore not subject to overweight fees by the Secretary under Section 4504.

Author: Senator Ennis