HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE BILL NO. 472

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES.

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

Section 1. Amend Subchapter IV, Title 21 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 4373. Unlawful display of club insignia; penalty.

(a) No person who is not a member of the Delaware Automobile Association shall exhibit or display within this State any membership card, sign, token or other insignia of the Association, with intent to make it appear that the person is a member of the Delaware Automobile Association or entitled to any of the benefits or advantages resulting from membership therein.

(b) Whoever violates any provision of this section shall be fined not more than $57.50.

§ 4374. Equipment required on motor vehicles transporting railroad employees; penalty.

(a) Every motor vehicle provided by a railroad company and used to transport employees shall be equipped with adequate seating facilities, heating facilities and facilities for communication between occupants of the front seat of the vehicle and the occupants in the rear compartment of the vehicle. This requirement shall not apply to motor vehicles used to transport employees distances of less than 5 miles from their regular assembly point nor in cases of extreme emergency.

(b) If any dispute arises as to the adequacy of the facilities provided for in this section, it shall be submitted to and decided by the Director of the Division of Motor Vehicles.

(c) The Department may rescind, cancel or suspend the registration of any motor vehicle described in subsection (a) of this section and may rescind, cancel, suspend or take possession of the current registration plates of any such motor vehicle which is determined by the Department to be not equipped as required by this section.

SYNOPSIS

This bill removes two out-of-date sections of the Division of Motor Vehicles' code.

The first section to be deleted relates to a prohibition against a person displaying any card, sign, insignia, etc. of the Delaware Automobile Association unless they are a member of that Association. DMV believes the Association no longer exists as a separate entity.

The second section relates to requirements for any vehicle provided by a railroad company that is used to transport railroad employees. DMV advises this section has never been enforced to anyone's knowledge.