Delaware General Assembly

Signed 8/1/12

The General Assembly has ended, the current status is the final status.

6/13/12

Bunting

Rep. Atkins

Sen. Ennis, Hall-Long
Reps. Kenton, Walker

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE AS IT RELATES TO THE HAZARDOUS MATERIALS TRANSPORTATION ACT AND TITLE 21 OF THE DELAWARE CODE AS IT RELATES TO MOTOR CARRIER SAFETY.

The purpose of Delaware MCSAP Program is to minimize truck and bus related accidents on Delaware road by regulating the transportation industry and motor carriers and the program is currently funded primarily, if not totally, by a federal MCSAP grant in the approximate amount of $900,000.00. Failure to comply with the provisions set forth in the C.F.R. and H.M.R. will cause the MCSAP Program to lose at least 50%, if not 100%, of its grant funding. Without federal grant funds, the MCSAP Program will not be able to regulate the transportation industry and its motor carriers. This bill amends the Motor Carrier Safety Act Program (MCSAP)as it relates to the transportation of hazardous materials to bring the Delaware MCSAP program into compliance with the Code of Federal Regulations (C.F.R.) and the federal Hazardous Materials Regulations (H.M.R.s) Based on an audit by the Federal Motor Carrier Safety Delaware roadways failed to meet the safety standards required in the C.F.R. ; and (2) in adopting the C.F.R. as it relates to motor carriers, the Delaware statute inadvertently deleted §392.5(c) of Title 49 of the C.F.R. which requires drivers who are under the influence of alcohol as defined by state statute to be immediately placed Out of Service (OOS). This bill amends Title 29, §8224 and §8225 of the Delaware Code by adopting the H.M.R.’s as it relates to certain hazardous materials, which are currently exempted in the Delaware Code, when those hazardous materials are being transported from a commercial retailer to a final end user, thereby bringing Delaware into compliance with federal regulations. Additionally, this amendment will give Delaware the authority to place a driver Out Of Service (OOS) when the driver has violated the alcohol prohibitions contained in 49 C.F.R. § 392.5. 49 C.F.R. § 392.5 requires that a driver who is under the influence of alcohol to be immediately placed Out of Service (OOS) such that they are not permitted to operate or have physical control of their commercial vehicle. Being “in possession of alcohol” does not apply to drivers when they are transporting alcohol as part of their shipment, or when alcohol is in possession or being used by passengers.

N/A

N/A

Takes effect upon being signed into law

N/A

View HTML View PDF