SPONSOR:	Rep. K. Williams & Rep. Miro & Sen. Blevins
	Reps. Baumbach, Hudson, Keeley, Ramone

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 288

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO PENALTIES ASSOCIATED WITH BRAKES.

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

Section 1. Amend § 4315, Title 21 of the Delaware Code to add a new subsection (f) by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4315 Penalties for §§ 4301-4316.

(f) A violation of § 4303(c) of this title shall also constitute a moving violation which shall be part of the person’s driving record.

Section 2. This Act shall take effect 90 days after enactment.

SYNOPSIS

This legislation increases the penalty of unlawfully using any brake or braking system that is attached to, or an integral part of the vehicle’s internal combustion engine or exhaust systems, also known as a jake brake, to include a moving violation.

Currently, 21 Del. C. § 4303(c) states that no motor vehicle, when operated upon a highway in this State, shall utilize or employ any brake or braking system that is attached to, or an integral part of, the vehicle's internal combustion engine or exhaust systems.