(a) No person shall drive or move, or, being the owner, cause or knowingly permit to be driven or moved on any highway, any
vehicle or combination of vehicles:
(1) Having a size or weight exceeding the limitations stated in this chapter; or
(2) Having a gross weight exceeding that for which it is lawfully registered; or
(3) In violation of any provision of this title; or
(4) Having a gross weight exceeding that for which it could have been registered in this State if it is registered for a greater
weight in another state, unless a reciprocity agreement between the 2 states is in effect; or
(5) In violation of the rules or regulations of the Secretary of Safety and Homeland Security adopted pursuant to this title
or this chapter; or
(6) Special mobile equipment.
(b) For purposes of this chapter, any combination of trucks, truck trailers, trailers and semitrailers, not specifically authorized
herein, shall be unlawful. The following are authorized:
(1) A truck and trailer.
(2) A truck tractor, semitrailer.
(3) A truck tractor, semitrailer, trailer.
(4) A vehicle string utilizing saddlemount and/or fullmount.
(5) A tow truck and a disabled vehicle or combination of vehicles.
(c) Except as otherwise provided herein, this chapter applies to every vehicle operated upon any road, street or highway within
this State. The maximum size and weight of vehicles specified herein by type of highway shall be lawful throughout this State
and local authorities may not alter such limitations, except as expressly provided in this chapter.
(d) Any gross weight measurements made to determine compliance with this chapter shall be taken so as to include both the
vehicle and load. Any vehicle having a gross weight in excess of that allowable under this chapter or in excess of that for
which it is currently registered shall be considered as an "overweight vehicle."
(e) Any linear measurements taken to determine compliance with this chapter shall be taken so as to include the vehicle and
any load thereon including any projections of any type, character or nature whatsoever, such as, but not limited to, bumpers,
steps, mirrors and hose connections specifically excluding the tongue of a trailer.
(f) Except as otherwise provided in this chapter, it shall be unlawful to operate any vehicle at a gross weight which exceeds
the weight for which it is registered and provided further that:
(1) The total gross weight including load, of a combination of a truck tractor and semitrailer having a total of 5 or more
axles shall not exceed 80,000 pounds.
(2) The gross weight of a vehicle equipped with 2 or more axles without power brakes on each rear hub shall not exceed 22,000
pounds and it shall be unlawful to operate such vehicle in excess of 20 miles per hour.
(3) The gross weight of a trailer equipped with metal tires shall not exceed 6,000 pounds.
(4) Any vehicle, otherwise required to be registered pursuant to this title which is not registered and which requires a registration
fee that is calculated upon gross weight, shall be assigned a weight allowance equal to the highest legal weight for which
that vehicle could be registered for the purpose of enforcement of the weight section of this title.
(g) Except as otherwise provided in this chapter, it shall be unlawful to operate any vehicle in this State in violation of
length, height or size restrictions provided in this title and provided further that:
(1) No passenger vehicle shall carry any load extending beyond the line of the fenders on the left side of such vehicle nor
extending more than 6 inches beyond the line of the fender on the right side thereof.
(2) The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend
more than 3 feet beyond the foremost part of the vehicle; and the load upon any vehicle operated alone or the load upon the
rear vehicle of a combination of vehicles shall not extend more than 6 feet beyond the rear of the bed or body of such vehicle.
Pilings and/or poles or mill logs, or nursery stock, or rowing shells, or steel beams, pipes, angles, channels and other length
or steel, or other metal, or other articles impossible of dismemberment shall not extend more than 10 feet beyond the rear
of the bed or body of such vehicle.
(3) A number of motor vehicles may be transported in combination, utilizing saddlemount and/or fullmount mechanisms and utilizing
the motive power of 1 of the vehicles in combination, provided such combination of vehicles shall not exceed a length of 65
feet, and provided further that the equipment used in such combinations shall comply with the safety regulations of the United
States Department of Transportation.
(4) Except as otherwise indicated herein, the limitations as to length of load stated in this chapter shall not apply to a
vehicle or combination of vehicles transporting boats, commonly known as crew or rowing shells for use in interscholastic
or intercollegiate rowing contests, provided that such boats shall not exceed 70 feet in length.
(5) Neither the State, any agency or subdivision thereof, nor any person, firm or corporation shall be required to raise,
alter, construct or reconstruct any underpass, wire, pole, trestle or other structure to permit passage of any vehicle having
a height, including any load thereon, in excess of 12 feet 6 inches. The liability for damage to any person, vehicle, structure
or other property caused by any vehicle having a height, including any load thereon, in excess of 12 feet 6 inches shall be
borne by the owner and/or the operator of the vehicle.
(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.
(3) A vehicle being towed with 1 set of axles free of the roadway surface.
(i) Any vehicle or combination of vehicles, otherwise not in compliance with this chapter, but permitted to be operated within
this State by virtue of a special use permit pursuant to this chapter, shall be permitted to travel on such highways as shall
be designated within the contents of said permit.
36 Del. Laws, c. 10, §§ 114, 117; 37 Del. Laws, c. 10, §§ 29-31; 40 Del. Laws, c. 38, § 11; Code 1935, §§ 5652, 5655; 46 Del. Laws, c. 86, § 2; 47 Del. Laws, c. 114; 21 Del. C. 1953, §§ 4501, 4503; 50 Del. Laws, c. 633, § 1; 52 Del. Laws, c. 40; 53 Del. Laws, c. 395, §§ 1, 2; 56 Del. Laws, c. 18, §§ 1, 2; 57 Del. Laws, c. 670, § 24A; 58 Del. Laws, c. 384, §§ 1, 6; 60 Del. Laws, c. 54, §§ 1, 2; 60 Del. Laws, c. 264, § 1; 60 Del. Laws, c. 409, §§ 2-5; 62 Del. Laws, c. 5, §§ 1-4; 64 Del. Laws, c. 207, § 5; 64 Del. Laws, c. 259, § 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, § 6; 74 Del. Laws, c. 110, § 101.;
§ 4502. Size and weight of vehicles except on interstate highways and United States numbered routes.
(a) Except as provided in § 4503 of this title, this section sets forth the size and weight restrictions applicable to all
roads, streets and highways within this State.
(b)(1) No vehicles, including any load thereon, shall exceed a total outside width of 8 feet 6 inches.
(2) No vehicles, including any load thereon, shall exceed a height of 13 feet 6 inches.
(3) No single motor vehicle, including any load thereon, shall exceed 40 feet in length, and no combination of vehicles, including
the load thereon, shall exceed 60 feet in length, except as otherwise provided in this section.
a. A truck and semitrailer combination engaged in the transportation of motor vehicles shall not exceed a length of 65 feet
exclusive of the overhang of the transported vehicles.
b. Buses shall not exceed 45 feet in length.
c. Piling and pole trailers and vehicles or combinations or vehicles engaged in the transportation of steel beams, pipes,
angles channels and other lengths of steel, or other metals, or other articles impossible of dismemberment shall not exceed
70 feet.
(4) Notwithstanding paragraphs (1) or (3) of this subsection:
a. No recreational vehicle, including any load or truck camper thereon or any camping trailer, recreational trailer or park
trailer attached thereto, shall exceed a total outside width of 102 inches, exclusive of any safety equipment, which shall
not extend beyond the federal motor vehicle safety standards for such equipment, or appurtenances such as awnings and lights
which are integral to the construction of the vehicle, installed by the vehicle's manufacturer or dealer, and do not extend
more than 6 inches wider on each side of the vehicle; provided however, that such vehicles permissibly exceeding the 102 inch
width limit with its attached equipment or appurtenances shall only be operated:
1. On roadways having travel lanes at least 11 feet in width, unless prohibited by the Department of Transportation or by
a municipality based on safety reasons and marked with signs prohibiting such vehicles; or
2. On any roadway of the State when such a vehicle is being operated between a roadway permitted under subparagraph 1. of
this subdivision and:
A. The location where the recreational vehicle, recreational trailer, park trailer, camping trailer or truck camper is garaged;
or
B. The destination of the recreational vehicle, recreational trailer, park trailer, camping trailer or truck camper; or
C. A facility for food, fuel, repair, services or rest.
b. No single recreational vehicle, including any load or truck camper thereon, shall exceed 45 feet in length; and
c. No combination of a recreational vehicle with any vehicle, including the load thereon, nor any combination of any motor
vehicle with any camping trailer, recreational trailer or park trailer attached thereto, shall exceed 65 feet in length.
(c)(1) A vehicle equipped with 2 axles, having each of the 2 axles equipped with 2 hubs, with a power brake on each hub, shall
not exceed a total gross weight of 40,000 pounds or manufacturer's gross vehicle weight rating which ever is less.
(2) A vehicle equipped with 3 axles, having each of the 3 axles equipped with 2 hubs, with a power brake on each hub, shall
not exceed a total gross weight of 65,000 lbs. or the manufacturer's gross vehicle weight rating, which ever is less; notwithstanding
the above, and as limited in § 2105 of this title, it shall be lawful to operate such a vehicle to and from any construction
site located in this State when the total gross weight does not exceed 70,000 lbs.; and it shall also be lawful to operate
such a vehicle containing agricultural products when the gross weight, including vehicle and load, does not exceed 70,000
lbs.; provided that vehicles utilizing the above exception shall pay a fee of $100 per vehicle at the time of registration
for this extra weight capacity.
(3) A vehicle equipped with 4 axles, having each of the rear axles equipped with 2 hubs, with a power brake on each rear hub,
shall not exceed a total gross weight of 73,280 pounds or manufacturer's gross vehicle weight rating which ever is less.
(4) The total gross weight of a combination tractor and semitrailer having a total of 3 axles shall not exceed 60,000 lbs.
or combined manufacturer's gross vehicle weight rating which ever is less.
(5) The total gross weight of a combination tractor and semitrailer having a total of 4 axles shall not exceed 70,000 lbs.
or combined manufacturer's gross vehicle weight rating which ever is less.
(6) The total gross weight of a combination tractor and semitrailer having a total of 5 or more axles shall not exceed 80,000
lbs. or combined manufacturer's gross vehicle weight rating which ever is less.
(7) Except as otherwise provided herein, for single unit vehicles, no axle load shall exceed 22,400 pounds. With respect to
any single unit vehicle, the maximum gross weight between any 3 consecutive axles that actually bear weight upon the pavement,
and which have wheels spaced between 144 inches and not less than 60 inches apart when measured horizontally between their
center lines, shall not exceed 60,000 lbs. With respect to any single unit vehicle, the maximum gross weight between any 2
consecutive axles that actually bear weight upon the pavement, and which have wheels spaced between 96 inches and not less
than 40 inches apart when measured horizontally between their center lines, shall not exceed 40,000 pounds. With respect to
any single unit vehicle, the maximum combined gross weight between any 2 consecutive axles that actually bear weight upon
the pavement, and are less than 40 inches apart when measured horizontally between the center lines, shall not exceed 20,000
pounds. Where the distance between consecutive axle centers exceeds 96 inches, the weight for each such axle shall not exceed
22,400 pounds.
(8) Except as otherwise provided herein, for combination unit vehicles, no axle load shall exceed 22,400 pounds. With respect
to any combination unit vehicle, the maximum gross weight between any 2 consecutive axles that actually bear weight upon the
pavement and which have wheels spaced between 96 inches and not less than 40 inches apart, measured horizontally between their
center lines, shall not exceed 36,000 pounds. Where the distance between consecutive axle centers exceeds 96 inches, the weight
for each such axle shall not exceed 22,400 pounds. With respect to any combination vehicle, the maximum combined gross weight
between any 2 consecutive axles that actually bear weight upon the pavement, and are less than 40 inches apart when measured
horizontally between the center lines, shall not exceed 20,000 pounds.
(9) Farm operations. -- Notwithstanding the other provisions of this section, the following applies to vehicles registered
as (i) farm trucks or (ii) registered commercial motor vehicles are controlled or operated by a farmer and while used in the
operation of a farm. For these vehicles, no single axle load shall exceed 22,400 pounds, and with respect to any vehicle equipped
with coupled axles spaced less than 48 inches apart measured horizontally between their center lines, the combined weight
on the coupled axles shall not exceed 20,000 pounds and, with respect to a vehicle equipped with coupled axles spaced 48 inches
or more apart measured horizontally between their center lines, the combined weight on the coupled axle shall not exceed 40,000
pounds. Furthermore, any farm loaded truck or farm vehicle carrying harvested products or livestock may exceed the weight
limits established under this subsection by no more than 3 percent.
(10) Whenever the total gross weight permitted in any provisions of this section exceeds the total gross weight permitted
as calculated pursuant to paragraph (c)(7) of this section, paragraph (c)(7) of this section shall be void.
(d) The Secretary of the Delaware Department of Transportation may, on the basis of engineering and/or traffic investigations,
determine that any road, street, or highway under the jurisdiction of the Department of Transportation is not of sufficient
width to accommodate vehicles otherwise permitted by this section and may thereafter prohibit vehicles of an otherwise permissible
width from operation on such road, street or highway.
64 Del. Laws, c. 207, § 5; 69 Del. Laws, c. 73, § 2; 70 Del. Laws, c. 169, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, § 3; 74 Del. Laws, c. 133, § 1; 76 Del. Laws, c. 305, § 1; 77 Del. Laws, c. 67, § 1; 77 Del. Laws, c. 244, § 3; 77 Del. Laws, c. 316, §§ 2, 3.;
§ 4503. Size and weight of vehicles on interstate highways; size of vehicles on United States numbered routes.
(a) No person shall drive or move or, being the owner, cause or knowingly permit to be driven or moved on any interstate highway
or United States numbered route, unless otherwise posted, any vehicle or combination of vehicles having a size or weight in
excess of that permitted by this section. Provided, however, that such weight limitations and restrictions listed in this
section apply only to the interstate highway; weight limitations and restrictions for United States numbered routes shall
be as listed in § 4502 of this title.
(b)(1) No vehicle, including any load thereon, shall exceed a height of 13 feet, 6 inches.
(2) The maximum length of a semitrailer, including any load thereon, exclusive of truck tractor size shall be 53 feet.
(3) The maximum length of a trailer or semitrailer in a truck tractor-semitrailer-trailer combination, including any load
thereon, exclusive of tractor size shall be 29 feet.
(4) Buses shall not exceed 45 feet in length.
(5) Single vehicles including the load thereon shall not exceed 40 feet in length.
(6) No vehicle including any load thereon shall exceed a total outside width of 102 inches, exclusive of safety equipment,
which shall not extend more than 3 inches wider on each side of the vehicle, or as shall be authorized by the Delaware Secretary
of Public Safety.
(7) Notwithstanding paragraphs (5) or (6) of this subsection:
a. No recreational vehicle, including any load or truck camper thereon or any camping trailer, recreational trailer or park
trailer attached thereto, shall exceed a total outside width of 102 inches, exclusive of any safety equipment, which shall
not extend beyond the federal motor vehicle safety standards for such equipment, or appurtenances such as awnings and lights
which are integral to the construction of the vehicle, installed by the vehicle's manufacturer or dealer, and do not extend
more than 6 inches wider on each side of the vehicle;
b. No single recreational vehicle, including any load or truck camper thereon, shall exceed 45 feet in length; and
c. No combination of a recreational vehicle with any vehicle, including the load thereon, nor any combination of any motor
vehicle with any camping trailer, recreational trailer or park trailer attached thereto, shall exceed 65 feet in length.
(c)(1) Each weight stated in this section shall apply only to interstate highways and is a total gross weight which includes
the weight of the vehicle, including load thereon and any enforcement tolerance applicable thereto.
(2) It shall be unlawful for the gross weight on any 1 axle to exceed 20,000 pounds.
(3) It shall be unlawful for the gross weight on any tandem or coupled axles to exceed 34,000 pounds.
(4) It shall be unlawful for the maximum gross weight for any vehicle to exceed the sum of the allowed axle weight for the
number of axles actually bearing their full share of the weight upon the pavement or the smallest weight as calculated hereunder:
a. The gross weight of any vehicle or combination of vehicles shall not
exceed the weights stated hereunder:
2 axles - 40,000 lbs.
3 axles - 54,000 lbs.
4 axles - 74,000 lbs.
5 axles - 80,000 lbs.
b. The maximum gross weight of any vehicle or combination of vehicles on a group of 2 or more consecutive axles shall not
exceed the weight as calculated by this formula:
W = 500 (LN/N-1 + 12N + 36)
For purposes of this subsection, W equals overall gross weight on any group of 2 or more consecutive axles to the nearest
500 pounds, L equals the distance in feet between the extreme of any group of 2 or more consecutive axles, and N equals the
number of axles in the group under consideration except that 2 consecutive sets of tandem axles may carry a gross load of
34,000 pounds each, whenever the overall distance between the first and last axle of the consecutive sets is 36 feet or more.
(d) The Delaware Secretary of Transportation may, on the basis of engineering and traffic investigations, determine that certain
interstate and United States numbered routes cannot accommodate vehicles, otherwise permitted under this section, and may
thereafter prohibit operation of such vehicles on the interstate and United States numbered routes so designated.
(e) The provisions of this section do not apply to the following vehicles when such vehicles are being operated on interstate
highways and United States numbered routes; 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. This provision only applies to farmers
engaged in their agricultural related practices.
(f) Any vehicle subject to this subpart that utilizes an auxiliary power or idle reduction technology unit in order to promote
reduction of fuel use and emissions because of engine idling, may be allowed up to an additional 400 lbs. total in gross,
axle, tandem, or bridge formula weight limits.
(1) To be eligible for this exception, the operator of the vehicle must be able to prove:
a. By written certification, the weight of the APU; and
b. By demonstration or certification, that the idle reduction technology is fully functional.
(2) Certification of the weight of the APU must be available to law enforcement officers if the vehicle is found in violation
of applicable weight laws. The additional weight allowed cannot exceed 400 lbs. or the weight certified, whichever is less.
64 Del. Laws, c. 207, § 5; 67 Del. Laws, c. 345, §§ 1, 2; 68 Del. Laws, c. 281, § 1; 69 Del. Laws, c. 73, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, §§ 1, 2; 74 Del. Laws, c. 133, § 2; 77 Del. Laws, c. 124, § 1.;
§ 4504. Regulations; fees; permits for excessive size and weights.
(a) The Secretary of Transportation may adopt such regulations, issue permits and may impose such fees as the Secretary may
deem reasonable to implement the requirements of this chapter. The fee for permits issued pursuant to subsection (c)(1) of
this section for vehicles operating on any interstate highway within this State shall be $1 per single trip permit.
(b)(1) The Secretary of Transportation is hereby authorized to adopt rules and regulations, to establish and set fees and
to adopt procedures for the issuance of permits for the movement of vehicles and/or loads of a size and weight exceeding the
maximum specified in this chapter.
(2) Local authorities may adopt regulations under which permits may be granted for the movement of vehicles and/or loads of
a size and weight exceeding the maximum specified in this chapter over any highway for which the local authority has the sole
maintenance responsibility.
(3) Every permit granted shall be in writing and shall contain a description of the vehicle and load, a statement of the fee
levied and the name of the authorized officer of the granting authority. It may designate the route and certain restrictions,
rules, conditions and regulations as deemed necessary.
(4) Permits may be obtained only for vehicles or trailers complying with this title.
(5) A permit obtained pursuant to this section shall relieve no person of the obligation to comply with all laws, rules and
regulations otherwise applicable.
(c)(1) Single trip permits shall be issued for single trips from the designated starting point to the designated terminal
point. Intermediate stopping points and round trips are not permitted.
(2) Multi-trip permits shall be issued for the period from the first day of the month to the first day of the following month.
Each permit shall be valid as authorized herein; it shall not be transferable.
a. Utility companies may be issued a permit for piling and pole trailers. Each permit may be valid for up to 4 trailers at
the time of issue.
b. Utility companies and governmental agencies may be issued a permit for a manned and/or unmanned aerial type single motor
vehicle up to 50 feet long. Each permit shall be valid for an individual vehicle only.
c. Pole and piling haulers may be issued a permit for piling and pole movements. Each permit shall be valid for an individual
tractor only.
d. A specific route permit may be issued to owners or renters of double-bottom vehicles weighing not more than 80,000 lbs.
with a width of not more than 102 inches. Each permit shall be for a single route between 2 specific points. Such permit shall
not be vehicle specific; it is route specific.
e. Permits shall not be issued under subparagraph d. of this paragraph for any route which has a posted speed limit over 30
m.p.h. and has travel lanes less than 11 feet wide as measured from face of curb or edge of travelway.
f. Multi-trip permits shall not be issued for any purpose not specifically authorized in subparagraph a., b., c. or d. of
this paragraph.
g. [Deleted. See Revisor's note.]
h. [Deleted. See Revisor's note.]
(d) Notwithstanding any provision or regulation to the contrary, all operators of self-propelled cranes, as defined in § 101
of this title, shall be allowed to apply for and receive a 1-year blanket permit allowing unlimited moves of said self-propelled
crane. These blanket permits can be renewed each year. For purposes of this subsection, a "blanket permit" is an unlimited
movement permit for each self-propelled crane owned by an applicant. Said permit shall be issued per the rules and regulations
adopted by the Department of Transportation.
(e)(1) Every permit shall be carried in the vehicle to which it refers during the movement it authorizes and it shall be open
to inspection by any police officer.
(2) Copies of multi-trip permits issued to utility companies may be carried by their vehicles in lieu of the original.
(3) Copies of multi-trip permits issued for bus operation may be carried in the buses in lieu of the original.
(4) Copies of multi-trip permits issued for the movement of double-bottom vehicles may be carried in the vehicle in lieu of
the original or they may be posted at the destination point of the route or they may be retained at the nearest office of
the permittee.
(5) [Deleted. See Revisor's note.]
(f)(1) No person shall fail to provide accurate information concerning the granting of a permit.
(2) No person shall violate any of the terms, conditions, restrictions, rules or regulations published in the policy or stated
on the permit. A violation of any of the terms and conditions set forth in such permit shall render the permit null and void.
(3) Any permit obtained on the basis of false or misleading data is null and void. Any fee levied for it shall not be returned
or transferred.
(4) Any permit which shall be rendered null and void for whatever reason shall subject the violator to such punishment as
shall be permitted by law for persons not having obtained permits in the first instance.
(g) The revenue from the fees imposed pursuant to this section shall be deposited no later than the close of the next business
day following such receipt, to the credit of the Transportation Trust Fund, established pursuant to Chapter 14 of Title 2,
as amended.
36 Del. Laws, c. 10, § 119; Code 1935, § 5657; 45 Del. Laws, c. 283, § 3; 47 Del. Laws, c. 57; 21 Del. C. 1953, § 4504; 57 Del. Laws, c. 671, § 10; 59 Del. Laws, c. 101, §§ 1, 2; 60 Del. Laws, c. 503, § 24; 62 Del. Laws, c. 343, § 1; 64 Del. Laws, c. 207, § 5; 64 Del. Laws, c. 338, §§ 1-3; 67 Del. Laws, c. 345, § 3; 69 Del. Laws, c. 291, § 264; 70 Del. Laws, c. 169, §§ 3-6; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 220, §§ 1-3; 75 Del. Laws, c. 118, §§ 1, 2.;
§ 4505. Traffic control devices.
The Secretary of Transportation may implement this chapter by erection of traffic control devices and provided further that:
(1) Traffic control devices may be erected on any highway establishing the maximum permitted weight of any vehicle including
load that may be driven thereover.
(2) Traffic control devices may be erected on any highway prohibiting the operation of trucks or other commercial vehicles
thereover.
36 Del. Laws, c. 10, § 120; Code 1935, § 5658; 46 Del. Laws, c. 124; 21 Del. C. 1953, § 4505; 58 Del. Laws, c. 550; 60 Del. Laws, c. 503, § 24; 60 Del. Laws, c. 700, § 9; 60 Del. Laws, c. 701, § 64; 64 Del. Laws, c. 207, § 5.;
§ 4506. Enforcement authority.
(a) Any police officer, having reason to believe that the weight of a vehicle and load is unlawful, or during the course of
a routine check of all applicable vehicles, may weigh said vehicle by means of a portable or stationary scale and/or may require
that such vehicle be driven to a designated scale location and be weighed. The officer may then require the driver to unload
immediately such portion of the load as is necessary to decrease the gross weight of such vehicle to the maximum specified
in this chapter or for which it is registered, whichever is the lesser weight. All such materials shall be unloaded and cared
for by the owner or operator of the vehicle at the risk and expense of such owner or operator.
(b) It shall be unlawful for an owner or operator to fail to remove from the deposit area by a time specified by the officer
any such material that has been unloaded. An owner or operator, or both, found to be in violation of this section shall be
punished as provided in § 4508 of this title.
(c) It shall be unlawful and punishable pursuant to § 4508 herein for an owner or operator to:
(1) Fail to obey traffic control devices erected to enforce this chapter;
(2) Fail to stop at areas selected for vehicle weighing operations;
(3) Deviate from the route of travel to avoid State Police weighing operations;
(4) Deliberately destroy or damage traffic control devices or weighing equipment erected or established to enforce this chapter.
(d)(1) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to an
unattended vehicle found to be in violation of § 4508 of this title by any police officer authorized to arrest for violations
of this title, in lieu of arrest of the operator of such vehicle.
(2) If the identity of the operator of an unattended vehicle is not otherwise apparent, it shall be prima facie evidence that
the person in whose name the vehicle is registered as the owner is responsible for such violation.
(e) Any remedy or penalty imposed pursuant to this section shall not relieve the owner or operator of any requirement or penalty
otherwise imposed by operation of law or pursuant to this chapter.
36 Del. Laws, c. 10, § 118; 37 Del. Laws, c. 10, § 32; Code 1935, § 5656; 21 Del. C. 1953, § 4506; 57 Del. Laws, c. 543; 64 Del. Laws, c. 207, § 5; 66 Del. Laws, c. 266, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 102.;
§ 4507. Weighing equipment and procedures.
(a) The Secretary of Safety and Homeland Security may adopt such regulations and procedures as may be necessary to implement
this section and to select such equipment as may be necessary for law-enforcement weighing purposes.
(b) Equipment used for law-enforcement weighing may include, but is not limited to, the following:
(1) "Vehicle scale";
(2) "Axle load scale";
(3) "Wheel load weigher".
(c) The tolerance or permissible error from true value for weighing devices utilized for law-enforcement purposes shall be
those which have been adopted by the Division of Standards and Inspection of the State Department of Agriculture.
(d) Vehicle weights may be determined by either of the methods defined as follows:
(1) "Single draft weighting";
(2) "Multiple draft weighting".
21 Del. C. 1953, § 4508; 57 Del. Laws, c. 542; 61 Del. Laws, c. 230, §§ 1, 2; 64 Del. Laws, c. 207, § 5; 74 Del. Laws, c. 110, § 103.;
§ 4508. Penalties.
(a) Any person who violates any requirement of this chapter, relating to size or weight of a vehicle or a combination of vehicles,
shall be punished as follows:
(1) A first offense shall be punishable by a fine of not less than $28.75 nor more than $230 or by a term of imprisonment
of not more than 30 days or both.
(2) A subsequent like offense shall be punishable by a fine of not less than $115 nor more than $575 or by a term of imprisonment
of not more than 60 days or both.
(b) Any person who violates any requirement of this chapter, specifically relating to weight of a vehicle or a combination
of vehicles, such that said vehicle shall be classified as an "overweight vehicle," shall in addition to whatever other penalties
may be allowed by law be punished as follows:
(1) A first offense shall be punishable by 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.
(2) Each subsequent offense shall be punishable by 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.
(c) For purposes of this section a first offense shall be defined as one not previously committed by the person charged within
the previous 24 months prior to the date of the offense. A subsequent like offense shall be deemed to have occurred if the
person charged has previously been convicted or charged and subsequently convicted of the same offense within the previous
24 months prior to the date of this offense.
36 Del. Laws, c. 10, § 142; 38 Del. Laws, c. 30; 40 Del. Laws, c. 37, § 1; Code 1935, § 5680; 46 Del. Laws, c. 61; 21 Del. C. 1953, § 4507; 60 Del. Laws, c. 596, § 1; 63 Del. Laws, c. 337, § 2; 64 Del. Laws, c. 207, § 5; 68 Del. Laws, c. 9, §§ 52, 53; 70 Del. Laws, c. 186, § 1.;
§ 4509. Jurisdiction.
(a) Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this chapter.
Upon a finding of guilt, such justice of the peace may impose such penalties or combination of penalties as are permitted
by this chapter. Upon application of the State or defendant, in accordance with the rules of the applicable court, the matter
may be removed to the Court of Common Pleas for determination. All other rules of the courts of Delaware shall apply. The
justice of the peace may require any or all defendants to post a bond in an amount sufficient to guarantee payment of all
potential fines and costs which may be required to be paid should a judgement of guilt be determined as to each such defendant
or which shall be forfeit in the event the defendant fails to appear for a scheduled court appearance. In the event, a bond
shall be posted in an amount sufficient to cover the minimum potential fine and costs which may be imposed, upon the adjudication
of guilt.
(1) Any such bond shall be made payable to the court upon demand in the event the defendant fails to appear for a scheduled
court appearance or upon default on the judgment against the defendant.
(2) Upon forfeiture of the bond to the court such bond shall be made payable to the State upon expiration of the appropriate
appeal period.
(3) Upon adjudication of guilt and payment of such fines and costs as may be imposed by the court or upon a finding of not
guilty and expiration of the appropriate appeal period, such bond shall be returned to the defendant(s).
(b) In the event either party applies to have the matter removed to the Court of Common Pleas, as provided herein, any bond
imposed pursuant to subsection (a) hereof shall be reissued in the name of the appropriate court. All other provisions of
subsection (a) herein shall apply.
(c) In the event either party appeals, such bond(s) issued pursuant to this section shall remain in full force and effect
until such time as the matter has finally been resolved.
36 Del. Laws, c. 10, § 120; Code 1935, § 5658; 46 Del. Laws, c. 124; 21 Del. C. 1953, § 4505; 58 Del. Laws, c. 550; 60 Del. Laws, c. 503, § 24; 60 Del. Laws, c. 700, § 9; 60 Del. Laws, c. 701, § 64; 64 Del. Laws, c. 207, § 5.;
§ 4510. Conflict with federal requirements.
(a) Any conflict between a provision of this chapter and any federal law or implementing regulation, such provision of this
chapter shall be void and of no force and effect and unenforceable. Any such provision of this chapter declared to be inoperable,
as provided herein, shall be brought to the attention of the next session of the General Assembly and shall not, in any event,
serve to invalidate any other provision of this chapter.
(b) Any other provision of this chapter to the contrary notwithstanding, a vehicle or combination of vehicles having a weight
in excess of that permitted by § 4503 of this title lawfully may be operated on any interstate highway or United States numbered
route if such vehicle or combination of vehicles has been issued a permit for that purpose pursuant to § 4504 of this title.
Regarding such permits issued pursuant to § 4504(c)(1) of this title, the State has determined that vehicles bearing such
permits could be lawfully operated within this State on July 1, 1956.
64 Del. Laws, c. 207, § 5; 67 Del. Laws, c. 345, § 4; 70 Del. Laws, c. 259, § 7.;
§ 4511. Removal of disabled or abandoned trucks and trailers from highways.
A tow truck or wrecker may, without regard to the limitations of the length, weight or width as specified in this chapter,
tow disabled or abandoned truck, trucks and trailers, or truck and semitrailers from highways to a point where such disabled
or abandoned vehicle can be repaired or stored.
63 Del. Laws, c. 337, § 1; 64 Del. Laws, c. 207, § 5.;
§ 4512. Oversized motor vehicle parking.
(a) In any residence district it shall be unlawful to park, store, or permit to be parked or stored on a highway within such
residence district any motor vehicle the length of which is greater than 276 inches or the width of which is over 96 inches
or the height of which is over 120 inches or the gross vehicle weight of which exceeds 10,000 pounds, as such weight has been
registered and recorded with the Delaware Division of Motor Vehicles (or as recorded with any other state's Department of
Motor Vehicles).
(b) Motor vehicles parked pursuant to the following situations shall be exempt from this section:
(1) Any motor vehicle parked on a highway within a residence district in conjunction with ongoing legal service or work being
performed in relation to a residence or business contained therein. Notwithstanding the above, the motor vehicle may remain
parked within such residence district only for the time necessary to complete such work or service. Examples of such motor
vehicles include, but are not limited to, delivery trucks, limousine services, and moving trucks.
(2) Any motor vehicle used for work being performed or on call in case of emergencies:
a. By a public utility as defined in § 102(2) of Title 26 or by others working on its behalf;
b. In connection with a cable television system as defined in § 102(4) of Title 26; or
c. By a municipality or municipal electric company or by others working on their behalf.
(c) This section shall apply to only New Castle County.
(a) No person shall drive or move, or, being the owner, cause or knowingly permit to be driven or moved on any highway, any
vehicle or combination of vehicles:
(1) Having a size or weight exceeding the limitations stated in this chapter; or
(2) Having a gross weight exceeding that for which it is lawfully registered; or
(3) In violation of any provision of this title; or
(4) Having a gross weight exceeding that for which it could have been registered in this State if it is registered for a greater
weight in another state, unless a reciprocity agreement between the 2 states is in effect; or
(5) In violation of the rules or regulations of the Secretary of Safety and Homeland Security adopted pursuant to this title
or this chapter; or
(6) Special mobile equipment.
(b) For purposes of this chapter, any combination of trucks, truck trailers, trailers and semitrailers, not specifically authorized
herein, shall be unlawful. The following are authorized:
(1) A truck and trailer.
(2) A truck tractor, semitrailer.
(3) A truck tractor, semitrailer, trailer.
(4) A vehicle string utilizing saddlemount and/or fullmount.
(5) A tow truck and a disabled vehicle or combination of vehicles.
(c) Except as otherwise provided herein, this chapter applies to every vehicle operated upon any road, street or highway within
this State. The maximum size and weight of vehicles specified herein by type of highway shall be lawful throughout this State
and local authorities may not alter such limitations, except as expressly provided in this chapter.
(d) Any gross weight measurements made to determine compliance with this chapter shall be taken so as to include both the
vehicle and load. Any vehicle having a gross weight in excess of that allowable under this chapter or in excess of that for
which it is currently registered shall be considered as an "overweight vehicle."
(e) Any linear measurements taken to determine compliance with this chapter shall be taken so as to include the vehicle and
any load thereon including any projections of any type, character or nature whatsoever, such as, but not limited to, bumpers,
steps, mirrors and hose connections specifically excluding the tongue of a trailer.
(f) Except as otherwise provided in this chapter, it shall be unlawful to operate any vehicle at a gross weight which exceeds
the weight for which it is registered and provided further that:
(1) The total gross weight including load, of a combination of a truck tractor and semitrailer having a total of 5 or more
axles shall not exceed 80,000 pounds.
(2) The gross weight of a vehicle equipped with 2 or more axles without power brakes on each rear hub shall not exceed 22,000
pounds and it shall be unlawful to operate such vehicle in excess of 20 miles per hour.
(3) The gross weight of a trailer equipped with metal tires shall not exceed 6,000 pounds.
(4) Any vehicle, otherwise required to be registered pursuant to this title which is not registered and which requires a registration
fee that is calculated upon gross weight, shall be assigned a weight allowance equal to the highest legal weight for which
that vehicle could be registered for the purpose of enforcement of the weight section of this title.
(g) Except as otherwise provided in this chapter, it shall be unlawful to operate any vehicle in this State in violation of
length, height or size restrictions provided in this title and provided further that:
(1) No passenger vehicle shall carry any load extending beyond the line of the fenders on the left side of such vehicle nor
extending more than 6 inches beyond the line of the fender on the right side thereof.
(2) The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend
more than 3 feet beyond the foremost part of the vehicle; and the load upon any vehicle operated alone or the load upon the
rear vehicle of a combination of vehicles shall not extend more than 6 feet beyond the rear of the bed or body of such vehicle.
Pilings and/or poles or mill logs, or nursery stock, or rowing shells, or steel beams, pipes, angles, channels and other length
or steel, or other metal, or other articles impossible of dismemberment shall not extend more than 10 feet beyond the rear
of the bed or body of such vehicle.
(3) A number of motor vehicles may be transported in combination, utilizing saddlemount and/or fullmount mechanisms and utilizing
the motive power of 1 of the vehicles in combination, provided such combination of vehicles shall not exceed a length of 65
feet, and provided further that the equipment used in such combinations shall comply with the safety regulations of the United
States Department of Transportation.
(4) Except as otherwise indicated herein, the limitations as to length of load stated in this chapter shall not apply to a
vehicle or combination of vehicles transporting boats, commonly known as crew or rowing shells for use in interscholastic
or intercollegiate rowing contests, provided that such boats shall not exceed 70 feet in length.
(5) Neither the State, any agency or subdivision thereof, nor any person, firm or corporation shall be required to raise,
alter, construct or reconstruct any underpass, wire, pole, trestle or other structure to permit passage of any vehicle having
a height, including any load thereon, in excess of 12 feet 6 inches. The liability for damage to any person, vehicle, structure
or other property caused by any vehicle having a height, including any load thereon, in excess of 12 feet 6 inches shall be
borne by the owner and/or the operator of the vehicle.
(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.
(3) A vehicle being towed with 1 set of axles free of the roadway surface.
(i) Any vehicle or combination of vehicles, otherwise not in compliance with this chapter, but permitted to be operated within
this State by virtue of a special use permit pursuant to this chapter, shall be permitted to travel on such highways as shall
be designated within the contents of said permit.
36 Del. Laws, c. 10, §§ 114, 117; 37 Del. Laws, c. 10, §§ 29-31; 40 Del. Laws, c. 38, § 11; Code 1935, §§ 5652, 5655; 46 Del. Laws, c. 86, § 2; 47 Del. Laws, c. 114; 21 Del. C. 1953, §§ 4501, 4503; 50 Del. Laws, c. 633, § 1; 52 Del. Laws, c. 40; 53 Del. Laws, c. 395, §§ 1, 2; 56 Del. Laws, c. 18, §§ 1, 2; 57 Del. Laws, c. 670, § 24A; 58 Del. Laws, c. 384, §§ 1, 6; 60 Del. Laws, c. 54, §§ 1, 2; 60 Del. Laws, c. 264, § 1; 60 Del. Laws, c. 409, §§ 2-5; 62 Del. Laws, c. 5, §§ 1-4; 64 Del. Laws, c. 207, § 5; 64 Del. Laws, c. 259, § 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, § 6; 74 Del. Laws, c. 110, § 101.;
§ 4502. Size and weight of vehicles except on interstate highways and United States numbered routes.
(a) Except as provided in § 4503 of this title, this section sets forth the size and weight restrictions applicable to all
roads, streets and highways within this State.
(b)(1) No vehicles, including any load thereon, shall exceed a total outside width of 8 feet 6 inches.
(2) No vehicles, including any load thereon, shall exceed a height of 13 feet 6 inches.
(3) No single motor vehicle, including any load thereon, shall exceed 40 feet in length, and no combination of vehicles, including
the load thereon, shall exceed 60 feet in length, except as otherwise provided in this section.
a. A truck and semitrailer combination engaged in the transportation of motor vehicles shall not exceed a length of 65 feet
exclusive of the overhang of the transported vehicles.
b. Buses shall not exceed 45 feet in length.
c. Piling and pole trailers and vehicles or combinations or vehicles engaged in the transportation of steel beams, pipes,
angles channels and other lengths of steel, or other metals, or other articles impossible of dismemberment shall not exceed
70 feet.
(4) Notwithstanding paragraphs (1) or (3) of this subsection:
a. No recreational vehicle, including any load or truck camper thereon or any camping trailer, recreational trailer or park
trailer attached thereto, shall exceed a total outside width of 102 inches, exclusive of any safety equipment, which shall
not extend beyond the federal motor vehicle safety standards for such equipment, or appurtenances such as awnings and lights
which are integral to the construction of the vehicle, installed by the vehicle's manufacturer or dealer, and do not extend
more than 6 inches wider on each side of the vehicle; provided however, that such vehicles permissibly exceeding the 102 inch
width limit with its attached equipment or appurtenances shall only be operated:
1. On roadways having travel lanes at least 11 feet in width, unless prohibited by the Department of Transportation or by
a municipality based on safety reasons and marked with signs prohibiting such vehicles; or
2. On any roadway of the State when such a vehicle is being operated between a roadway permitted under subparagraph 1. of
this subdivision and:
A. The location where the recreational vehicle, recreational trailer, park trailer, camping trailer or truck camper is garaged;
or
B. The destination of the recreational vehicle, recreational trailer, park trailer, camping trailer or truck camper; or
C. A facility for food, fuel, repair, services or rest.
b. No single recreational vehicle, including any load or truck camper thereon, shall exceed 45 feet in length; and
c. No combination of a recreational vehicle with any vehicle, including the load thereon, nor any combination of any motor
vehicle with any camping trailer, recreational trailer or park trailer attached thereto, shall exceed 65 feet in length.
(c)(1) A vehicle equipped with 2 axles, having each of the 2 axles equipped with 2 hubs, with a power brake on each hub, shall
not exceed a total gross weight of 40,000 pounds or manufacturer's gross vehicle weight rating which ever is less.
(2) A vehicle equipped with 3 axles, having each of the 3 axles equipped with 2 hubs, with a power brake on each hub, shall
not exceed a total gross weight of 65,000 lbs. or the manufacturer's gross vehicle weight rating, which ever is less; notwithstanding
the above, and as limited in § 2105 of this title, it shall be lawful to operate such a vehicle to and from any construction
site located in this State when the total gross weight does not exceed 70,000 lbs.; and it shall also be lawful to operate
such a vehicle containing agricultural products when the gross weight, including vehicle and load, does not exceed 70,000
lbs.; provided that vehicles utilizing the above exception shall pay a fee of $100 per vehicle at the time of registration
for this extra weight capacity.
(3) A vehicle equipped with 4 axles, having each of the rear axles equipped with 2 hubs, with a power brake on each rear hub,
shall not exceed a total gross weight of 73,280 pounds or manufacturer's gross vehicle weight rating which ever is less.
(4) The total gross weight of a combination tractor and semitrailer having a total of 3 axles shall not exceed 60,000 lbs.
or combined manufacturer's gross vehicle weight rating which ever is less.
(5) The total gross weight of a combination tractor and semitrailer having a total of 4 axles shall not exceed 70,000 lbs.
or combined manufacturer's gross vehicle weight rating which ever is less.
(6) The total gross weight of a combination tractor and semitrailer having a total of 5 or more axles shall not exceed 80,000
lbs. or combined manufacturer's gross vehicle weight rating which ever is less.
(7) Except as otherwise provided herein, for single unit vehicles, no axle load shall exceed 22,400 pounds. With respect to
any single unit vehicle, the maximum gross weight between any 3 consecutive axles that actually bear weight upon the pavement,
and which have wheels spaced between 144 inches and not less than 60 inches apart when measured horizontally between their
center lines, shall not exceed 60,000 lbs. With respect to any single unit vehicle, the maximum gross weight between any 2
consecutive axles that actually bear weight upon the pavement, and which have wheels spaced between 96 inches and not less
than 40 inches apart when measured horizontally between their center lines, shall not exceed 40,000 pounds. With respect to
any single unit vehicle, the maximum combined gross weight between any 2 consecutive axles that actually bear weight upon
the pavement, and are less than 40 inches apart when measured horizontally between the center lines, shall not exceed 20,000
pounds. Where the distance between consecutive axle centers exceeds 96 inches, the weight for each such axle shall not exceed
22,400 pounds.
(8) Except as otherwise provided herein, for combination unit vehicles, no axle load shall exceed 22,400 pounds. With respect
to any combination unit vehicle, the maximum gross weight between any 2 consecutive axles that actually bear weight upon the
pavement and which have wheels spaced between 96 inches and not less than 40 inches apart, measured horizontally between their
center lines, shall not exceed 36,000 pounds. Where the distance between consecutive axle centers exceeds 96 inches, the weight
for each such axle shall not exceed 22,400 pounds. With respect to any combination vehicle, the maximum combined gross weight
between any 2 consecutive axles that actually bear weight upon the pavement, and are less than 40 inches apart when measured
horizontally between the center lines, shall not exceed 20,000 pounds.
(9) Farm operations. -- Notwithstanding the other provisions of this section, the following applies to vehicles registered
as (i) farm trucks or (ii) registered commercial motor vehicles are controlled or operated by a farmer and while used in the
operation of a farm. For these vehicles, no single axle load shall exceed 22,400 pounds, and with respect to any vehicle equipped
with coupled axles spaced less than 48 inches apart measured horizontally between their center lines, the combined weight
on the coupled axles shall not exceed 20,000 pounds and, with respect to a vehicle equipped with coupled axles spaced 48 inches
or more apart measured horizontally between their center lines, the combined weight on the coupled axle shall not exceed 40,000
pounds. Furthermore, any farm loaded truck or farm vehicle carrying harvested products or livestock may exceed the weight
limits established under this subsection by no more than 3 percent.
(10) Whenever the total gross weight permitted in any provisions of this section exceeds the total gross weight permitted
as calculated pursuant to paragraph (c)(7) of this section, paragraph (c)(7) of this section shall be void.
(d) The Secretary of the Delaware Department of Transportation may, on the basis of engineering and/or traffic investigations,
determine that any road, street, or highway under the jurisdiction of the Department of Transportation is not of sufficient
width to accommodate vehicles otherwise permitted by this section and may thereafter prohibit vehicles of an otherwise permissible
width from operation on such road, street or highway.
64 Del. Laws, c. 207, § 5; 69 Del. Laws, c. 73, § 2; 70 Del. Laws, c. 169, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, § 3; 74 Del. Laws, c. 133, § 1; 76 Del. Laws, c. 305, § 1; 77 Del. Laws, c. 67, § 1; 77 Del. Laws, c. 244, § 3; 77 Del. Laws, c. 316, §§ 2, 3.;
§ 4503. Size and weight of vehicles on interstate highways; size of vehicles on United States numbered routes.
(a) No person shall drive or move or, being the owner, cause or knowingly permit to be driven or moved on any interstate highway
or United States numbered route, unless otherwise posted, any vehicle or combination of vehicles having a size or weight in
excess of that permitted by this section. Provided, however, that such weight limitations and restrictions listed in this
section apply only to the interstate highway; weight limitations and restrictions for United States numbered routes shall
be as listed in § 4502 of this title.
(b)(1) No vehicle, including any load thereon, shall exceed a height of 13 feet, 6 inches.
(2) The maximum length of a semitrailer, including any load thereon, exclusive of truck tractor size shall be 53 feet.
(3) The maximum length of a trailer or semitrailer in a truck tractor-semitrailer-trailer combination, including any load
thereon, exclusive of tractor size shall be 29 feet.
(4) Buses shall not exceed 45 feet in length.
(5) Single vehicles including the load thereon shall not exceed 40 feet in length.
(6) No vehicle including any load thereon shall exceed a total outside width of 102 inches, exclusive of safety equipment,
which shall not extend more than 3 inches wider on each side of the vehicle, or as shall be authorized by the Delaware Secretary
of Public Safety.
(7) Notwithstanding paragraphs (5) or (6) of this subsection:
a. No recreational vehicle, including any load or truck camper thereon or any camping trailer, recreational trailer or park
trailer attached thereto, shall exceed a total outside width of 102 inches, exclusive of any safety equipment, which shall
not extend beyond the federal motor vehicle safety standards for such equipment, or appurtenances such as awnings and lights
which are integral to the construction of the vehicle, installed by the vehicle's manufacturer or dealer, and do not extend
more than 6 inches wider on each side of the vehicle;
b. No single recreational vehicle, including any load or truck camper thereon, shall exceed 45 feet in length; and
c. No combination of a recreational vehicle with any vehicle, including the load thereon, nor any combination of any motor
vehicle with any camping trailer, recreational trailer or park trailer attached thereto, shall exceed 65 feet in length.
(c)(1) Each weight stated in this section shall apply only to interstate highways and is a total gross weight which includes
the weight of the vehicle, including load thereon and any enforcement tolerance applicable thereto.
(2) It shall be unlawful for the gross weight on any 1 axle to exceed 20,000 pounds.
(3) It shall be unlawful for the gross weight on any tandem or coupled axles to exceed 34,000 pounds.
(4) It shall be unlawful for the maximum gross weight for any vehicle to exceed the sum of the allowed axle weight for the
number of axles actually bearing their full share of the weight upon the pavement or the smallest weight as calculated hereunder:
a. The gross weight of any vehicle or combination of vehicles shall not
exceed the weights stated hereunder:
2 axles - 40,000 lbs.
3 axles - 54,000 lbs.
4 axles - 74,000 lbs.
5 axles - 80,000 lbs.
b. The maximum gross weight of any vehicle or combination of vehicles on a group of 2 or more consecutive axles shall not
exceed the weight as calculated by this formula:
W = 500 (LN/N-1 + 12N + 36)
For purposes of this subsection, W equals overall gross weight on any group of 2 or more consecutive axles to the nearest
500 pounds, L equals the distance in feet between the extreme of any group of 2 or more consecutive axles, and N equals the
number of axles in the group under consideration except that 2 consecutive sets of tandem axles may carry a gross load of
34,000 pounds each, whenever the overall distance between the first and last axle of the consecutive sets is 36 feet or more.
(d) The Delaware Secretary of Transportation may, on the basis of engineering and traffic investigations, determine that certain
interstate and United States numbered routes cannot accommodate vehicles, otherwise permitted under this section, and may
thereafter prohibit operation of such vehicles on the interstate and United States numbered routes so designated.
(e) The provisions of this section do not apply to the following vehicles when such vehicles are being operated on interstate
highways and United States numbered routes; 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. This provision only applies to farmers
engaged in their agricultural related practices.
(f) Any vehicle subject to this subpart that utilizes an auxiliary power or idle reduction technology unit in order to promote
reduction of fuel use and emissions because of engine idling, may be allowed up to an additional 400 lbs. total in gross,
axle, tandem, or bridge formula weight limits.
(1) To be eligible for this exception, the operator of the vehicle must be able to prove:
a. By written certification, the weight of the APU; and
b. By demonstration or certification, that the idle reduction technology is fully functional.
(2) Certification of the weight of the APU must be available to law enforcement officers if the vehicle is found in violation
of applicable weight laws. The additional weight allowed cannot exceed 400 lbs. or the weight certified, whichever is less.
64 Del. Laws, c. 207, § 5; 67 Del. Laws, c. 345, §§ 1, 2; 68 Del. Laws, c. 281, § 1; 69 Del. Laws, c. 73, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, §§ 1, 2; 74 Del. Laws, c. 133, § 2; 77 Del. Laws, c. 124, § 1.;
§ 4504. Regulations; fees; permits for excessive size and weights.
(a) The Secretary of Transportation may adopt such regulations, issue permits and may impose such fees as the Secretary may
deem reasonable to implement the requirements of this chapter. The fee for permits issued pursuant to subsection (c)(1) of
this section for vehicles operating on any interstate highway within this State shall be $1 per single trip permit.
(b)(1) The Secretary of Transportation is hereby authorized to adopt rules and regulations, to establish and set fees and
to adopt procedures for the issuance of permits for the movement of vehicles and/or loads of a size and weight exceeding the
maximum specified in this chapter.
(2) Local authorities may adopt regulations under which permits may be granted for the movement of vehicles and/or loads of
a size and weight exceeding the maximum specified in this chapter over any highway for which the local authority has the sole
maintenance responsibility.
(3) Every permit granted shall be in writing and shall contain a description of the vehicle and load, a statement of the fee
levied and the name of the authorized officer of the granting authority. It may designate the route and certain restrictions,
rules, conditions and regulations as deemed necessary.
(4) Permits may be obtained only for vehicles or trailers complying with this title.
(5) A permit obtained pursuant to this section shall relieve no person of the obligation to comply with all laws, rules and
regulations otherwise applicable.
(c)(1) Single trip permits shall be issued for single trips from the designated starting point to the designated terminal
point. Intermediate stopping points and round trips are not permitted.
(2) Multi-trip permits shall be issued for the period from the first day of the month to the first day of the following month.
Each permit shall be valid as authorized herein; it shall not be transferable.
a. Utility companies may be issued a permit for piling and pole trailers. Each permit may be valid for up to 4 trailers at
the time of issue.
b. Utility companies and governmental agencies may be issued a permit for a manned and/or unmanned aerial type single motor
vehicle up to 50 feet long. Each permit shall be valid for an individual vehicle only.
c. Pole and piling haulers may be issued a permit for piling and pole movements. Each permit shall be valid for an individual
tractor only.
d. A specific route permit may be issued to owners or renters of double-bottom vehicles weighing not more than 80,000 lbs.
with a width of not more than 102 inches. Each permit shall be for a single route between 2 specific points. Such permit shall
not be vehicle specific; it is route specific.
e. Permits shall not be issued under subparagraph d. of this paragraph for any route which has a posted speed limit over 30
m.p.h. and has travel lanes less than 11 feet wide as measured from face of curb or edge of travelway.
f. Multi-trip permits shall not be issued for any purpose not specifically authorized in subparagraph a., b., c. or d. of
this paragraph.
g. [Deleted. See Revisor's note.]
h. [Deleted. See Revisor's note.]
(d) Notwithstanding any provision or regulation to the contrary, all operators of self-propelled cranes, as defined in § 101
of this title, shall be allowed to apply for and receive a 1-year blanket permit allowing unlimited moves of said self-propelled
crane. These blanket permits can be renewed each year. For purposes of this subsection, a "blanket permit" is an unlimited
movement permit for each self-propelled crane owned by an applicant. Said permit shall be issued per the rules and regulations
adopted by the Department of Transportation.
(e)(1) Every permit shall be carried in the vehicle to which it refers during the movement it authorizes and it shall be open
to inspection by any police officer.
(2) Copies of multi-trip permits issued to utility companies may be carried by their vehicles in lieu of the original.
(3) Copies of multi-trip permits issued for bus operation may be carried in the buses in lieu of the original.
(4) Copies of multi-trip permits issued for the movement of double-bottom vehicles may be carried in the vehicle in lieu of
the original or they may be posted at the destination point of the route or they may be retained at the nearest office of
the permittee.
(5) [Deleted. See Revisor's note.]
(f)(1) No person shall fail to provide accurate information concerning the granting of a permit.
(2) No person shall violate any of the terms, conditions, restrictions, rules or regulations published in the policy or stated
on the permit. A violation of any of the terms and conditions set forth in such permit shall render the permit null and void.
(3) Any permit obtained on the basis of false or misleading data is null and void. Any fee levied for it shall not be returned
or transferred.
(4) Any permit which shall be rendered null and void for whatever reason shall subject the violator to such punishment as
shall be permitted by law for persons not having obtained permits in the first instance.
(g) The revenue from the fees imposed pursuant to this section shall be deposited no later than the close of the next business
day following such receipt, to the credit of the Transportation Trust Fund, established pursuant to Chapter 14 of Title 2,
as amended.
36 Del. Laws, c. 10, § 119; Code 1935, § 5657; 45 Del. Laws, c. 283, § 3; 47 Del. Laws, c. 57; 21 Del. C. 1953, § 4504; 57 Del. Laws, c. 671, § 10; 59 Del. Laws, c. 101, §§ 1, 2; 60 Del. Laws, c. 503, § 24; 62 Del. Laws, c. 343, § 1; 64 Del. Laws, c. 207, § 5; 64 Del. Laws, c. 338, §§ 1-3; 67 Del. Laws, c. 345, § 3; 69 Del. Laws, c. 291, § 264; 70 Del. Laws, c. 169, §§ 3-6; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 220, §§ 1-3; 75 Del. Laws, c. 118, §§ 1, 2.;
§ 4505. Traffic control devices.
The Secretary of Transportation may implement this chapter by erection of traffic control devices and provided further that:
(1) Traffic control devices may be erected on any highway establishing the maximum permitted weight of any vehicle including
load that may be driven thereover.
(2) Traffic control devices may be erected on any highway prohibiting the operation of trucks or other commercial vehicles
thereover.
36 Del. Laws, c. 10, § 120; Code 1935, § 5658; 46 Del. Laws, c. 124; 21 Del. C. 1953, § 4505; 58 Del. Laws, c. 550; 60 Del. Laws, c. 503, § 24; 60 Del. Laws, c. 700, § 9; 60 Del. Laws, c. 701, § 64; 64 Del. Laws, c. 207, § 5.;
§ 4506. Enforcement authority.
(a) Any police officer, having reason to believe that the weight of a vehicle and load is unlawful, or during the course of
a routine check of all applicable vehicles, may weigh said vehicle by means of a portable or stationary scale and/or may require
that such vehicle be driven to a designated scale location and be weighed. The officer may then require the driver to unload
immediately such portion of the load as is necessary to decrease the gross weight of such vehicle to the maximum specified
in this chapter or for which it is registered, whichever is the lesser weight. All such materials shall be unloaded and cared
for by the owner or operator of the vehicle at the risk and expense of such owner or operator.
(b) It shall be unlawful for an owner or operator to fail to remove from the deposit area by a time specified by the officer
any such material that has been unloaded. An owner or operator, or both, found to be in violation of this section shall be
punished as provided in § 4508 of this title.
(c) It shall be unlawful and punishable pursuant to § 4508 herein for an owner or operator to:
(1) Fail to obey traffic control devices erected to enforce this chapter;
(2) Fail to stop at areas selected for vehicle weighing operations;
(3) Deviate from the route of travel to avoid State Police weighing operations;
(4) Deliberately destroy or damage traffic control devices or weighing equipment erected or established to enforce this chapter.
(d)(1) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to an
unattended vehicle found to be in violation of § 4508 of this title by any police officer authorized to arrest for violations
of this title, in lieu of arrest of the operator of such vehicle.
(2) If the identity of the operator of an unattended vehicle is not otherwise apparent, it shall be prima facie evidence that
the person in whose name the vehicle is registered as the owner is responsible for such violation.
(e) Any remedy or penalty imposed pursuant to this section shall not relieve the owner or operator of any requirement or penalty
otherwise imposed by operation of law or pursuant to this chapter.
36 Del. Laws, c. 10, § 118; 37 Del. Laws, c. 10, § 32; Code 1935, § 5656; 21 Del. C. 1953, § 4506; 57 Del. Laws, c. 543; 64 Del. Laws, c. 207, § 5; 66 Del. Laws, c. 266, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 102.;
§ 4507. Weighing equipment and procedures.
(a) The Secretary of Safety and Homeland Security may adopt such regulations and procedures as may be necessary to implement
this section and to select such equipment as may be necessary for law-enforcement weighing purposes.
(b) Equipment used for law-enforcement weighing may include, but is not limited to, the following:
(1) "Vehicle scale";
(2) "Axle load scale";
(3) "Wheel load weigher".
(c) The tolerance or permissible error from true value for weighing devices utilized for law-enforcement purposes shall be
those which have been adopted by the Division of Standards and Inspection of the State Department of Agriculture.
(d) Vehicle weights may be determined by either of the methods defined as follows:
(1) "Single draft weighting";
(2) "Multiple draft weighting".
21 Del. C. 1953, § 4508; 57 Del. Laws, c. 542; 61 Del. Laws, c. 230, §§ 1, 2; 64 Del. Laws, c. 207, § 5; 74 Del. Laws, c. 110, § 103.;
§ 4508. Penalties.
(a) Any person who violates any requirement of this chapter, relating to size or weight of a vehicle or a combination of vehicles,
shall be punished as follows:
(1) A first offense shall be punishable by a fine of not less than $28.75 nor more than $230 or by a term of imprisonment
of not more than 30 days or both.
(2) A subsequent like offense shall be punishable by a fine of not less than $115 nor more than $575 or by a term of imprisonment
of not more than 60 days or both.
(b) Any person who violates any requirement of this chapter, specifically relating to weight of a vehicle or a combination
of vehicles, such that said vehicle shall be classified as an "overweight vehicle," shall in addition to whatever other penalties
may be allowed by law be punished as follows:
(1) A first offense shall be punishable by 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.
(2) Each subsequent offense shall be punishable by 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.
(c) For purposes of this section a first offense shall be defined as one not previously committed by the person charged within
the previous 24 months prior to the date of the offense. A subsequent like offense shall be deemed to have occurred if the
person charged has previously been convicted or charged and subsequently convicted of the same offense within the previous
24 months prior to the date of this offense.
36 Del. Laws, c. 10, § 142; 38 Del. Laws, c. 30; 40 Del. Laws, c. 37, § 1; Code 1935, § 5680; 46 Del. Laws, c. 61; 21 Del. C. 1953, § 4507; 60 Del. Laws, c. 596, § 1; 63 Del. Laws, c. 337, § 2; 64 Del. Laws, c. 207, § 5; 68 Del. Laws, c. 9, §§ 52, 53; 70 Del. Laws, c. 186, § 1.;
§ 4509. Jurisdiction.
(a) Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this chapter.
Upon a finding of guilt, such justice of the peace may impose such penalties or combination of penalties as are permitted
by this chapter. Upon application of the State or defendant, in accordance with the rules of the applicable court, the matter
may be removed to the Court of Common Pleas for determination. All other rules of the courts of Delaware shall apply. The
justice of the peace may require any or all defendants to post a bond in an amount sufficient to guarantee payment of all
potential fines and costs which may be required to be paid should a judgement of guilt be determined as to each such defendant
or which shall be forfeit in the event the defendant fails to appear for a scheduled court appearance. In the event, a bond
shall be posted in an amount sufficient to cover the minimum potential fine and costs which may be imposed, upon the adjudication
of guilt.
(1) Any such bond shall be made payable to the court upon demand in the event the defendant fails to appear for a scheduled
court appearance or upon default on the judgment against the defendant.
(2) Upon forfeiture of the bond to the court such bond shall be made payable to the State upon expiration of the appropriate
appeal period.
(3) Upon adjudication of guilt and payment of such fines and costs as may be imposed by the court or upon a finding of not
guilty and expiration of the appropriate appeal period, such bond shall be returned to the defendant(s).
(b) In the event either party applies to have the matter removed to the Court of Common Pleas, as provided herein, any bond
imposed pursuant to subsection (a) hereof shall be reissued in the name of the appropriate court. All other provisions of
subsection (a) herein shall apply.
(c) In the event either party appeals, such bond(s) issued pursuant to this section shall remain in full force and effect
until such time as the matter has finally been resolved.
36 Del. Laws, c. 10, § 120; Code 1935, § 5658; 46 Del. Laws, c. 124; 21 Del. C. 1953, § 4505; 58 Del. Laws, c. 550; 60 Del. Laws, c. 503, § 24; 60 Del. Laws, c. 700, § 9; 60 Del. Laws, c. 701, § 64; 64 Del. Laws, c. 207, § 5.;
§ 4510. Conflict with federal requirements.
(a) Any conflict between a provision of this chapter and any federal law or implementing regulation, such provision of this
chapter shall be void and of no force and effect and unenforceable. Any such provision of this chapter declared to be inoperable,
as provided herein, shall be brought to the attention of the next session of the General Assembly and shall not, in any event,
serve to invalidate any other provision of this chapter.
(b) Any other provision of this chapter to the contrary notwithstanding, a vehicle or combination of vehicles having a weight
in excess of that permitted by § 4503 of this title lawfully may be operated on any interstate highway or United States numbered
route if such vehicle or combination of vehicles has been issued a permit for that purpose pursuant to § 4504 of this title.
Regarding such permits issued pursuant to § 4504(c)(1) of this title, the State has determined that vehicles bearing such
permits could be lawfully operated within this State on July 1, 1956.
64 Del. Laws, c. 207, § 5; 67 Del. Laws, c. 345, § 4; 70 Del. Laws, c. 259, § 7.;
§ 4511. Removal of disabled or abandoned trucks and trailers from highways.
A tow truck or wrecker may, without regard to the limitations of the length, weight or width as specified in this chapter,
tow disabled or abandoned truck, trucks and trailers, or truck and semitrailers from highways to a point where such disabled
or abandoned vehicle can be repaired or stored.
63 Del. Laws, c. 337, § 1; 64 Del. Laws, c. 207, § 5.;
§ 4512. Oversized motor vehicle parking.
(a) In any residence district it shall be unlawful to park, store, or permit to be parked or stored on a highway within such
residence district any motor vehicle the length of which is greater than 276 inches or the width of which is over 96 inches
or the height of which is over 120 inches or the gross vehicle weight of which exceeds 10,000 pounds, as such weight has been
registered and recorded with the Delaware Division of Motor Vehicles (or as recorded with any other state's Department of
Motor Vehicles).
(b) Motor vehicles parked pursuant to the following situations shall be exempt from this section:
(1) Any motor vehicle parked on a highway within a residence district in conjunction with ongoing legal service or work being
performed in relation to a residence or business contained therein. Notwithstanding the above, the motor vehicle may remain
parked within such residence district only for the time necessary to complete such work or service. Examples of such motor
vehicles include, but are not limited to, delivery trucks, limousine services, and moving trucks.
(2) Any motor vehicle used for work being performed or on call in case of emergencies:
a. By a public utility as defined in § 102(2) of Title 26 or by others working on its behalf;
b. In connection with a cable television system as defined in § 102(4) of Title 26; or
c. By a municipality or municipal electric company or by others working on their behalf.
(c) This section shall apply to only New Castle County.
(a) No person shall drive or move, or, being the owner, cause or knowingly permit to be driven or moved on any highway, any
vehicle or combination of vehicles:
(1) Having a size or weight exceeding the limitations stated in this chapter; or
(2) Having a gross weight exceeding that for which it is lawfully registered; or
(3) In violation of any provision of this title; or
(4) Having a gross weight exceeding that for which it could have been registered in this State if it is registered for a greater
weight in another state, unless a reciprocity agreement between the 2 states is in effect; or
(5) In violation of the rules or regulations of the Secretary of Safety and Homeland Security adopted pursuant to this title
or this chapter; or
(6) Special mobile equipment.
(b) For purposes of this chapter, any combination of trucks, truck trailers, trailers and semitrailers, not specifically authorized
herein, shall be unlawful. The following are authorized:
(1) A truck and trailer.
(2) A truck tractor, semitrailer.
(3) A truck tractor, semitrailer, trailer.
(4) A vehicle string utilizing saddlemount and/or fullmount.
(5) A tow truck and a disabled vehicle or combination of vehicles.
(c) Except as otherwise provided herein, this chapter applies to every vehicle operated upon any road, street or highway within
this State. The maximum size and weight of vehicles specified herein by type of highway shall be lawful throughout this State
and local authorities may not alter such limitations, except as expressly provided in this chapter.
(d) Any gross weight measurements made to determine compliance with this chapter shall be taken so as to include both the
vehicle and load. Any vehicle having a gross weight in excess of that allowable under this chapter or in excess of that for
which it is currently registered shall be considered as an "overweight vehicle."
(e) Any linear measurements taken to determine compliance with this chapter shall be taken so as to include the vehicle and
any load thereon including any projections of any type, character or nature whatsoever, such as, but not limited to, bumpers,
steps, mirrors and hose connections specifically excluding the tongue of a trailer.
(f) Except as otherwise provided in this chapter, it shall be unlawful to operate any vehicle at a gross weight which exceeds
the weight for which it is registered and provided further that:
(1) The total gross weight including load, of a combination of a truck tractor and semitrailer having a total of 5 or more
axles shall not exceed 80,000 pounds.
(2) The gross weight of a vehicle equipped with 2 or more axles without power brakes on each rear hub shall not exceed 22,000
pounds and it shall be unlawful to operate such vehicle in excess of 20 miles per hour.
(3) The gross weight of a trailer equipped with metal tires shall not exceed 6,000 pounds.
(4) Any vehicle, otherwise required to be registered pursuant to this title which is not registered and which requires a registration
fee that is calculated upon gross weight, shall be assigned a weight allowance equal to the highest legal weight for which
that vehicle could be registered for the purpose of enforcement of the weight section of this title.
(g) Except as otherwise provided in this chapter, it shall be unlawful to operate any vehicle in this State in violation of
length, height or size restrictions provided in this title and provided further that:
(1) No passenger vehicle shall carry any load extending beyond the line of the fenders on the left side of such vehicle nor
extending more than 6 inches beyond the line of the fender on the right side thereof.
(2) The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend
more than 3 feet beyond the foremost part of the vehicle; and the load upon any vehicle operated alone or the load upon the
rear vehicle of a combination of vehicles shall not extend more than 6 feet beyond the rear of the bed or body of such vehicle.
Pilings and/or poles or mill logs, or nursery stock, or rowing shells, or steel beams, pipes, angles, channels and other length
or steel, or other metal, or other articles impossible of dismemberment shall not extend more than 10 feet beyond the rear
of the bed or body of such vehicle.
(3) A number of motor vehicles may be transported in combination, utilizing saddlemount and/or fullmount mechanisms and utilizing
the motive power of 1 of the vehicles in combination, provided such combination of vehicles shall not exceed a length of 65
feet, and provided further that the equipment used in such combinations shall comply with the safety regulations of the United
States Department of Transportation.
(4) Except as otherwise indicated herein, the limitations as to length of load stated in this chapter shall not apply to a
vehicle or combination of vehicles transporting boats, commonly known as crew or rowing shells for use in interscholastic
or intercollegiate rowing contests, provided that such boats shall not exceed 70 feet in length.
(5) Neither the State, any agency or subdivision thereof, nor any person, firm or corporation shall be required to raise,
alter, construct or reconstruct any underpass, wire, pole, trestle or other structure to permit passage of any vehicle having
a height, including any load thereon, in excess of 12 feet 6 inches. The liability for damage to any person, vehicle, structure
or other property caused by any vehicle having a height, including any load thereon, in excess of 12 feet 6 inches shall be
borne by the owner and/or the operator of the vehicle.
(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.
(3) A vehicle being towed with 1 set of axles free of the roadway surface.
(i) Any vehicle or combination of vehicles, otherwise not in compliance with this chapter, but permitted to be operated within
this State by virtue of a special use permit pursuant to this chapter, shall be permitted to travel on such highways as shall
be designated within the contents of said permit.
36 Del. Laws, c. 10, §§ 114, 117; 37 Del. Laws, c. 10, §§ 29-31; 40 Del. Laws, c. 38, § 11; Code 1935, §§ 5652, 5655; 46 Del. Laws, c. 86, § 2; 47 Del. Laws, c. 114; 21 Del. C. 1953, §§ 4501, 4503; 50 Del. Laws, c. 633, § 1; 52 Del. Laws, c. 40; 53 Del. Laws, c. 395, §§ 1, 2; 56 Del. Laws, c. 18, §§ 1, 2; 57 Del. Laws, c. 670, § 24A; 58 Del. Laws, c. 384, §§ 1, 6; 60 Del. Laws, c. 54, §§ 1, 2; 60 Del. Laws, c. 264, § 1; 60 Del. Laws, c. 409, §§ 2-5; 62 Del. Laws, c. 5, §§ 1-4; 64 Del. Laws, c. 207, § 5; 64 Del. Laws, c. 259, § 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, § 6; 74 Del. Laws, c. 110, § 101.;
§ 4502. Size and weight of vehicles except on interstate highways and United States numbered routes.
(a) Except as provided in § 4503 of this title, this section sets forth the size and weight restrictions applicable to all
roads, streets and highways within this State.
(b)(1) No vehicles, including any load thereon, shall exceed a total outside width of 8 feet 6 inches.
(2) No vehicles, including any load thereon, shall exceed a height of 13 feet 6 inches.
(3) No single motor vehicle, including any load thereon, shall exceed 40 feet in length, and no combination of vehicles, including
the load thereon, shall exceed 60 feet in length, except as otherwise provided in this section.
a. A truck and semitrailer combination engaged in the transportation of motor vehicles shall not exceed a length of 65 feet
exclusive of the overhang of the transported vehicles.
b. Buses shall not exceed 45 feet in length.
c. Piling and pole trailers and vehicles or combinations or vehicles engaged in the transportation of steel beams, pipes,
angles channels and other lengths of steel, or other metals, or other articles impossible of dismemberment shall not exceed
70 feet.
(4) Notwithstanding paragraphs (1) or (3) of this subsection:
a. No recreational vehicle, including any load or truck camper thereon or any camping trailer, recreational trailer or park
trailer attached thereto, shall exceed a total outside width of 102 inches, exclusive of any safety equipment, which shall
not extend beyond the federal motor vehicle safety standards for such equipment, or appurtenances such as awnings and lights
which are integral to the construction of the vehicle, installed by the vehicle's manufacturer or dealer, and do not extend
more than 6 inches wider on each side of the vehicle; provided however, that such vehicles permissibly exceeding the 102 inch
width limit with its attached equipment or appurtenances shall only be operated:
1. On roadways having travel lanes at least 11 feet in width, unless prohibited by the Department of Transportation or by
a municipality based on safety reasons and marked with signs prohibiting such vehicles; or
2. On any roadway of the State when such a vehicle is being operated between a roadway permitted under subparagraph 1. of
this subdivision and:
A. The location where the recreational vehicle, recreational trailer, park trailer, camping trailer or truck camper is garaged;
or
B. The destination of the recreational vehicle, recreational trailer, park trailer, camping trailer or truck camper; or
C. A facility for food, fuel, repair, services or rest.
b. No single recreational vehicle, including any load or truck camper thereon, shall exceed 45 feet in length; and
c. No combination of a recreational vehicle with any vehicle, including the load thereon, nor any combination of any motor
vehicle with any camping trailer, recreational trailer or park trailer attached thereto, shall exceed 65 feet in length.
(c)(1) A vehicle equipped with 2 axles, having each of the 2 axles equipped with 2 hubs, with a power brake on each hub, shall
not exceed a total gross weight of 40,000 pounds or manufacturer's gross vehicle weight rating which ever is less.
(2) A vehicle equipped with 3 axles, having each of the 3 axles equipped with 2 hubs, with a power brake on each hub, shall
not exceed a total gross weight of 65,000 lbs. or the manufacturer's gross vehicle weight rating, which ever is less; notwithstanding
the above, and as limited in § 2105 of this title, it shall be lawful to operate such a vehicle to and from any construction
site located in this State when the total gross weight does not exceed 70,000 lbs.; and it shall also be lawful to operate
such a vehicle containing agricultural products when the gross weight, including vehicle and load, does not exceed 70,000
lbs.; provided that vehicles utilizing the above exception shall pay a fee of $100 per vehicle at the time of registration
for this extra weight capacity.
(3) A vehicle equipped with 4 axles, having each of the rear axles equipped with 2 hubs, with a power brake on each rear hub,
shall not exceed a total gross weight of 73,280 pounds or manufacturer's gross vehicle weight rating which ever is less.
(4) The total gross weight of a combination tractor and semitrailer having a total of 3 axles shall not exceed 60,000 lbs.
or combined manufacturer's gross vehicle weight rating which ever is less.
(5) The total gross weight of a combination tractor and semitrailer having a total of 4 axles shall not exceed 70,000 lbs.
or combined manufacturer's gross vehicle weight rating which ever is less.
(6) The total gross weight of a combination tractor and semitrailer having a total of 5 or more axles shall not exceed 80,000
lbs. or combined manufacturer's gross vehicle weight rating which ever is less.
(7) Except as otherwise provided herein, for single unit vehicles, no axle load shall exceed 22,400 pounds. With respect to
any single unit vehicle, the maximum gross weight between any 3 consecutive axles that actually bear weight upon the pavement,
and which have wheels spaced between 144 inches and not less than 60 inches apart when measured horizontally between their
center lines, shall not exceed 60,000 lbs. With respect to any single unit vehicle, the maximum gross weight between any 2
consecutive axles that actually bear weight upon the pavement, and which have wheels spaced between 96 inches and not less
than 40 inches apart when measured horizontally between their center lines, shall not exceed 40,000 pounds. With respect to
any single unit vehicle, the maximum combined gross weight between any 2 consecutive axles that actually bear weight upon
the pavement, and are less than 40 inches apart when measured horizontally between the center lines, shall not exceed 20,000
pounds. Where the distance between consecutive axle centers exceeds 96 inches, the weight for each such axle shall not exceed
22,400 pounds.
(8) Except as otherwise provided herein, for combination unit vehicles, no axle load shall exceed 22,400 pounds. With respect
to any combination unit vehicle, the maximum gross weight between any 2 consecutive axles that actually bear weight upon the
pavement and which have wheels spaced between 96 inches and not less than 40 inches apart, measured horizontally between their
center lines, shall not exceed 36,000 pounds. Where the distance between consecutive axle centers exceeds 96 inches, the weight
for each such axle shall not exceed 22,400 pounds. With respect to any combination vehicle, the maximum combined gross weight
between any 2 consecutive axles that actually bear weight upon the pavement, and are less than 40 inches apart when measured
horizontally between the center lines, shall not exceed 20,000 pounds.
(9) Farm operations. -- Notwithstanding the other provisions of this section, the following applies to vehicles registered
as (i) farm trucks or (ii) registered commercial motor vehicles are controlled or operated by a farmer and while used in the
operation of a farm. For these vehicles, no single axle load shall exceed 22,400 pounds, and with respect to any vehicle equipped
with coupled axles spaced less than 48 inches apart measured horizontally between their center lines, the combined weight
on the coupled axles shall not exceed 20,000 pounds and, with respect to a vehicle equipped with coupled axles spaced 48 inches
or more apart measured horizontally between their center lines, the combined weight on the coupled axle shall not exceed 40,000
pounds. Furthermore, any farm loaded truck or farm vehicle carrying harvested products or livestock may exceed the weight
limits established under this subsection by no more than 3 percent.
(10) Whenever the total gross weight permitted in any provisions of this section exceeds the total gross weight permitted
as calculated pursuant to paragraph (c)(7) of this section, paragraph (c)(7) of this section shall be void.
(d) The Secretary of the Delaware Department of Transportation may, on the basis of engineering and/or traffic investigations,
determine that any road, street, or highway under the jurisdiction of the Department of Transportation is not of sufficient
width to accommodate vehicles otherwise permitted by this section and may thereafter prohibit vehicles of an otherwise permissible
width from operation on such road, street or highway.
64 Del. Laws, c. 207, § 5; 69 Del. Laws, c. 73, § 2; 70 Del. Laws, c. 169, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, § 3; 74 Del. Laws, c. 133, § 1; 76 Del. Laws, c. 305, § 1; 77 Del. Laws, c. 67, § 1; 77 Del. Laws, c. 244, § 3; 77 Del. Laws, c. 316, §§ 2, 3.;
§ 4503. Size and weight of vehicles on interstate highways; size of vehicles on United States numbered routes.
(a) No person shall drive or move or, being the owner, cause or knowingly permit to be driven or moved on any interstate highway
or United States numbered route, unless otherwise posted, any vehicle or combination of vehicles having a size or weight in
excess of that permitted by this section. Provided, however, that such weight limitations and restrictions listed in this
section apply only to the interstate highway; weight limitations and restrictions for United States numbered routes shall
be as listed in § 4502 of this title.
(b)(1) No vehicle, including any load thereon, shall exceed a height of 13 feet, 6 inches.
(2) The maximum length of a semitrailer, including any load thereon, exclusive of truck tractor size shall be 53 feet.
(3) The maximum length of a trailer or semitrailer in a truck tractor-semitrailer-trailer combination, including any load
thereon, exclusive of tractor size shall be 29 feet.
(4) Buses shall not exceed 45 feet in length.
(5) Single vehicles including the load thereon shall not exceed 40 feet in length.
(6) No vehicle including any load thereon shall exceed a total outside width of 102 inches, exclusive of safety equipment,
which shall not extend more than 3 inches wider on each side of the vehicle, or as shall be authorized by the Delaware Secretary
of Public Safety.
(7) Notwithstanding paragraphs (5) or (6) of this subsection:
a. No recreational vehicle, including any load or truck camper thereon or any camping trailer, recreational trailer or park
trailer attached thereto, shall exceed a total outside width of 102 inches, exclusive of any safety equipment, which shall
not extend beyond the federal motor vehicle safety standards for such equipment, or appurtenances such as awnings and lights
which are integral to the construction of the vehicle, installed by the vehicle's manufacturer or dealer, and do not extend
more than 6 inches wider on each side of the vehicle;
b. No single recreational vehicle, including any load or truck camper thereon, shall exceed 45 feet in length; and
c. No combination of a recreational vehicle with any vehicle, including the load thereon, nor any combination of any motor
vehicle with any camping trailer, recreational trailer or park trailer attached thereto, shall exceed 65 feet in length.
(c)(1) Each weight stated in this section shall apply only to interstate highways and is a total gross weight which includes
the weight of the vehicle, including load thereon and any enforcement tolerance applicable thereto.
(2) It shall be unlawful for the gross weight on any 1 axle to exceed 20,000 pounds.
(3) It shall be unlawful for the gross weight on any tandem or coupled axles to exceed 34,000 pounds.
(4) It shall be unlawful for the maximum gross weight for any vehicle to exceed the sum of the allowed axle weight for the
number of axles actually bearing their full share of the weight upon the pavement or the smallest weight as calculated hereunder:
a. The gross weight of any vehicle or combination of vehicles shall not
exceed the weights stated hereunder:
2 axles - 40,000 lbs.
3 axles - 54,000 lbs.
4 axles - 74,000 lbs.
5 axles - 80,000 lbs.
b. The maximum gross weight of any vehicle or combination of vehicles on a group of 2 or more consecutive axles shall not
exceed the weight as calculated by this formula:
W = 500 (LN/N-1 + 12N + 36)
For purposes of this subsection, W equals overall gross weight on any group of 2 or more consecutive axles to the nearest
500 pounds, L equals the distance in feet between the extreme of any group of 2 or more consecutive axles, and N equals the
number of axles in the group under consideration except that 2 consecutive sets of tandem axles may carry a gross load of
34,000 pounds each, whenever the overall distance between the first and last axle of the consecutive sets is 36 feet or more.
(d) The Delaware Secretary of Transportation may, on the basis of engineering and traffic investigations, determine that certain
interstate and United States numbered routes cannot accommodate vehicles, otherwise permitted under this section, and may
thereafter prohibit operation of such vehicles on the interstate and United States numbered routes so designated.
(e) The provisions of this section do not apply to the following vehicles when such vehicles are being operated on interstate
highways and United States numbered routes; 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. This provision only applies to farmers
engaged in their agricultural related practices.
(f) Any vehicle subject to this subpart that utilizes an auxiliary power or idle reduction technology unit in order to promote
reduction of fuel use and emissions because of engine idling, may be allowed up to an additional 400 lbs. total in gross,
axle, tandem, or bridge formula weight limits.
(1) To be eligible for this exception, the operator of the vehicle must be able to prove:
a. By written certification, the weight of the APU; and
b. By demonstration or certification, that the idle reduction technology is fully functional.
(2) Certification of the weight of the APU must be available to law enforcement officers if the vehicle is found in violation
of applicable weight laws. The additional weight allowed cannot exceed 400 lbs. or the weight certified, whichever is less.
64 Del. Laws, c. 207, § 5; 67 Del. Laws, c. 345, §§ 1, 2; 68 Del. Laws, c. 281, § 1; 69 Del. Laws, c. 73, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 259, §§ 1, 2; 74 Del. Laws, c. 133, § 2; 77 Del. Laws, c. 124, § 1.;
§ 4504. Regulations; fees; permits for excessive size and weights.
(a) The Secretary of Transportation may adopt such regulations, issue permits and may impose such fees as the Secretary may
deem reasonable to implement the requirements of this chapter. The fee for permits issued pursuant to subsection (c)(1) of
this section for vehicles operating on any interstate highway within this State shall be $1 per single trip permit.
(b)(1) The Secretary of Transportation is hereby authorized to adopt rules and regulations, to establish and set fees and
to adopt procedures for the issuance of permits for the movement of vehicles and/or loads of a size and weight exceeding the
maximum specified in this chapter.
(2) Local authorities may adopt regulations under which permits may be granted for the movement of vehicles and/or loads of
a size and weight exceeding the maximum specified in this chapter over any highway for which the local authority has the sole
maintenance responsibility.
(3) Every permit granted shall be in writing and shall contain a description of the vehicle and load, a statement of the fee
levied and the name of the authorized officer of the granting authority. It may designate the route and certain restrictions,
rules, conditions and regulations as deemed necessary.
(4) Permits may be obtained only for vehicles or trailers complying with this title.
(5) A permit obtained pursuant to this section shall relieve no person of the obligation to comply with all laws, rules and
regulations otherwise applicable.
(c)(1) Single trip permits shall be issued for single trips from the designated starting point to the designated terminal
point. Intermediate stopping points and round trips are not permitted.
(2) Multi-trip permits shall be issued for the period from the first day of the month to the first day of the following month.
Each permit shall be valid as authorized herein; it shall not be transferable.
a. Utility companies may be issued a permit for piling and pole trailers. Each permit may be valid for up to 4 trailers at
the time of issue.
b. Utility companies and governmental agencies may be issued a permit for a manned and/or unmanned aerial type single motor
vehicle up to 50 feet long. Each permit shall be valid for an individual vehicle only.
c. Pole and piling haulers may be issued a permit for piling and pole movements. Each permit shall be valid for an individual
tractor only.
d. A specific route permit may be issued to owners or renters of double-bottom vehicles weighing not more than 80,000 lbs.
with a width of not more than 102 inches. Each permit shall be for a single route between 2 specific points. Such permit shall
not be vehicle specific; it is route specific.
e. Permits shall not be issued under subparagraph d. of this paragraph for any route which has a posted speed limit over 30
m.p.h. and has travel lanes less than 11 feet wide as measured from face of curb or edge of travelway.
f. Multi-trip permits shall not be issued for any purpose not specifically authorized in subparagraph a., b., c. or d. of
this paragraph.
g. [Deleted. See Revisor's note.]
h. [Deleted. See Revisor's note.]
(d) Notwithstanding any provision or regulation to the contrary, all operators of self-propelled cranes, as defined in § 101
of this title, shall be allowed to apply for and receive a 1-year blanket permit allowing unlimited moves of said self-propelled
crane. These blanket permits can be renewed each year. For purposes of this subsection, a "blanket permit" is an unlimited
movement permit for each self-propelled crane owned by an applicant. Said permit shall be issued per the rules and regulations
adopted by the Department of Transportation.
(e)(1) Every permit shall be carried in the vehicle to which it refers during the movement it authorizes and it shall be open
to inspection by any police officer.
(2) Copies of multi-trip permits issued to utility companies may be carried by their vehicles in lieu of the original.
(3) Copies of multi-trip permits issued for bus operation may be carried in the buses in lieu of the original.
(4) Copies of multi-trip permits issued for the movement of double-bottom vehicles may be carried in the vehicle in lieu of
the original or they may be posted at the destination point of the route or they may be retained at the nearest office of
the permittee.
(5) [Deleted. See Revisor's note.]
(f)(1) No person shall fail to provide accurate information concerning the granting of a permit.
(2) No person shall violate any of the terms, conditions, restrictions, rules or regulations published in the policy or stated
on the permit. A violation of any of the terms and conditions set forth in such permit shall render the permit null and void.
(3) Any permit obtained on the basis of false or misleading data is null and void. Any fee levied for it shall not be returned
or transferred.
(4) Any permit which shall be rendered null and void for whatever reason shall subject the violator to such punishment as
shall be permitted by law for persons not having obtained permits in the first instance.
(g) The revenue from the fees imposed pursuant to this section shall be deposited no later than the close of the next business
day following such receipt, to the credit of the Transportation Trust Fund, established pursuant to Chapter 14 of Title 2,
as amended.
36 Del. Laws, c. 10, § 119; Code 1935, § 5657; 45 Del. Laws, c. 283, § 3; 47 Del. Laws, c. 57; 21 Del. C. 1953, § 4504; 57 Del. Laws, c. 671, § 10; 59 Del. Laws, c. 101, §§ 1, 2; 60 Del. Laws, c. 503, § 24; 62 Del. Laws, c. 343, § 1; 64 Del. Laws, c. 207, § 5; 64 Del. Laws, c. 338, §§ 1-3; 67 Del. Laws, c. 345, § 3; 69 Del. Laws, c. 291, § 264; 70 Del. Laws, c. 169, §§ 3-6; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 220, §§ 1-3; 75 Del. Laws, c. 118, §§ 1, 2.;
§ 4505. Traffic control devices.
The Secretary of Transportation may implement this chapter by erection of traffic control devices and provided further that:
(1) Traffic control devices may be erected on any highway establishing the maximum permitted weight of any vehicle including
load that may be driven thereover.
(2) Traffic control devices may be erected on any highway prohibiting the operation of trucks or other commercial vehicles
thereover.
36 Del. Laws, c. 10, § 120; Code 1935, § 5658; 46 Del. Laws, c. 124; 21 Del. C. 1953, § 4505; 58 Del. Laws, c. 550; 60 Del. Laws, c. 503, § 24; 60 Del. Laws, c. 700, § 9; 60 Del. Laws, c. 701, § 64; 64 Del. Laws, c. 207, § 5.;
§ 4506. Enforcement authority.
(a) Any police officer, having reason to believe that the weight of a vehicle and load is unlawful, or during the course of
a routine check of all applicable vehicles, may weigh said vehicle by means of a portable or stationary scale and/or may require
that such vehicle be driven to a designated scale location and be weighed. The officer may then require the driver to unload
immediately such portion of the load as is necessary to decrease the gross weight of such vehicle to the maximum specified
in this chapter or for which it is registered, whichever is the lesser weight. All such materials shall be unloaded and cared
for by the owner or operator of the vehicle at the risk and expense of such owner or operator.
(b) It shall be unlawful for an owner or operator to fail to remove from the deposit area by a time specified by the officer
any such material that has been unloaded. An owner or operator, or both, found to be in violation of this section shall be
punished as provided in § 4508 of this title.
(c) It shall be unlawful and punishable pursuant to § 4508 herein for an owner or operator to:
(1) Fail to obey traffic control devices erected to enforce this chapter;
(2) Fail to stop at areas selected for vehicle weighing operations;
(3) Deviate from the route of travel to avoid State Police weighing operations;
(4) Deliberately destroy or damage traffic control devices or weighing equipment erected or established to enforce this chapter.
(d)(1) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to an
unattended vehicle found to be in violation of § 4508 of this title by any police officer authorized to arrest for violations
of this title, in lieu of arrest of the operator of such vehicle.
(2) If the identity of the operator of an unattended vehicle is not otherwise apparent, it shall be prima facie evidence that
the person in whose name the vehicle is registered as the owner is responsible for such violation.
(e) Any remedy or penalty imposed pursuant to this section shall not relieve the owner or operator of any requirement or penalty
otherwise imposed by operation of law or pursuant to this chapter.
36 Del. Laws, c. 10, § 118; 37 Del. Laws, c. 10, § 32; Code 1935, § 5656; 21 Del. C. 1953, § 4506; 57 Del. Laws, c. 543; 64 Del. Laws, c. 207, § 5; 66 Del. Laws, c. 266, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 102.;
§ 4507. Weighing equipment and procedures.
(a) The Secretary of Safety and Homeland Security may adopt such regulations and procedures as may be necessary to implement
this section and to select such equipment as may be necessary for law-enforcement weighing purposes.
(b) Equipment used for law-enforcement weighing may include, but is not limited to, the following:
(1) "Vehicle scale";
(2) "Axle load scale";
(3) "Wheel load weigher".
(c) The tolerance or permissible error from true value for weighing devices utilized for law-enforcement purposes shall be
those which have been adopted by the Division of Standards and Inspection of the State Department of Agriculture.
(d) Vehicle weights may be determined by either of the methods defined as follows:
(1) "Single draft weighting";
(2) "Multiple draft weighting".
21 Del. C. 1953, § 4508; 57 Del. Laws, c. 542; 61 Del. Laws, c. 230, §§ 1, 2; 64 Del. Laws, c. 207, § 5; 74 Del. Laws, c. 110, § 103.;
§ 4508. Penalties.
(a) Any person who violates any requirement of this chapter, relating to size or weight of a vehicle or a combination of vehicles,
shall be punished as follows:
(1) A first offense shall be punishable by a fine of not less than $28.75 nor more than $230 or by a term of imprisonment
of not more than 30 days or both.
(2) A subsequent like offense shall be punishable by a fine of not less than $115 nor more than $575 or by a term of imprisonment
of not more than 60 days or both.
(b) Any person who violates any requirement of this chapter, specifically relating to weight of a vehicle or a combination
of vehicles, such that said vehicle shall be classified as an "overweight vehicle," shall in addition to whatever other penalties
may be allowed by law be punished as follows:
(1) A first offense shall be punishable by 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.
(2) Each subsequent offense shall be punishable by 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.
(c) For purposes of this section a first offense shall be defined as one not previously committed by the person charged within
the previous 24 months prior to the date of the offense. A subsequent like offense shall be deemed to have occurred if the
person charged has previously been convicted or charged and subsequently convicted of the same offense within the previous
24 months prior to the date of this offense.
36 Del. Laws, c. 10, § 142; 38 Del. Laws, c. 30; 40 Del. Laws, c. 37, § 1; Code 1935, § 5680; 46 Del. Laws, c. 61; 21 Del. C. 1953, § 4507; 60 Del. Laws, c. 596, § 1; 63 Del. Laws, c. 337, § 2; 64 Del. Laws, c. 207, § 5; 68 Del. Laws, c. 9, §§ 52, 53; 70 Del. Laws, c. 186, § 1.;
§ 4509. Jurisdiction.
(a) Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this chapter.
Upon a finding of guilt, such justice of the peace may impose such penalties or combination of penalties as are permitted
by this chapter. Upon application of the State or defendant, in accordance with the rules of the applicable court, the matter
may be removed to the Court of Common Pleas for determination. All other rules of the courts of Delaware shall apply. The
justice of the peace may require any or all defendants to post a bond in an amount sufficient to guarantee payment of all
potential fines and costs which may be required to be paid should a judgement of guilt be determined as to each such defendant
or which shall be forfeit in the event the defendant fails to appear for a scheduled court appearance. In the event, a bond
shall be posted in an amount sufficient to cover the minimum potential fine and costs which may be imposed, upon the adjudication
of guilt.
(1) Any such bond shall be made payable to the court upon demand in the event the defendant fails to appear for a scheduled
court appearance or upon default on the judgment against the defendant.
(2) Upon forfeiture of the bond to the court such bond shall be made payable to the State upon expiration of the appropriate
appeal period.
(3) Upon adjudication of guilt and payment of such fines and costs as may be imposed by the court or upon a finding of not
guilty and expiration of the appropriate appeal period, such bond shall be returned to the defendant(s).
(b) In the event either party applies to have the matter removed to the Court of Common Pleas, as provided herein, any bond
imposed pursuant to subsection (a) hereof shall be reissued in the name of the appropriate court. All other provisions of
subsection (a) herein shall apply.
(c) In the event either party appeals, such bond(s) issued pursuant to this section shall remain in full force and effect
until such time as the matter has finally been resolved.
36 Del. Laws, c. 10, § 120; Code 1935, § 5658; 46 Del. Laws, c. 124; 21 Del. C. 1953, § 4505; 58 Del. Laws, c. 550; 60 Del. Laws, c. 503, § 24; 60 Del. Laws, c. 700, § 9; 60 Del. Laws, c. 701, § 64; 64 Del. Laws, c. 207, § 5.;
§ 4510. Conflict with federal requirements.
(a) Any conflict between a provision of this chapter and any federal law or implementing regulation, such provision of this
chapter shall be void and of no force and effect and unenforceable. Any such provision of this chapter declared to be inoperable,
as provided herein, shall be brought to the attention of the next session of the General Assembly and shall not, in any event,
serve to invalidate any other provision of this chapter.
(b) Any other provision of this chapter to the contrary notwithstanding, a vehicle or combination of vehicles having a weight
in excess of that permitted by § 4503 of this title lawfully may be operated on any interstate highway or United States numbered
route if such vehicle or combination of vehicles has been issued a permit for that purpose pursuant to § 4504 of this title.
Regarding such permits issued pursuant to § 4504(c)(1) of this title, the State has determined that vehicles bearing such
permits could be lawfully operated within this State on July 1, 1956.
64 Del. Laws, c. 207, § 5; 67 Del. Laws, c. 345, § 4; 70 Del. Laws, c. 259, § 7.;
§ 4511. Removal of disabled or abandoned trucks and trailers from highways.
A tow truck or wrecker may, without regard to the limitations of the length, weight or width as specified in this chapter,
tow disabled or abandoned truck, trucks and trailers, or truck and semitrailers from highways to a point where such disabled
or abandoned vehicle can be repaired or stored.
63 Del. Laws, c. 337, § 1; 64 Del. Laws, c. 207, § 5.;
§ 4512. Oversized motor vehicle parking.
(a) In any residence district it shall be unlawful to park, store, or permit to be parked or stored on a highway within such
residence district any motor vehicle the length of which is greater than 276 inches or the width of which is over 96 inches
or the height of which is over 120 inches or the gross vehicle weight of which exceeds 10,000 pounds, as such weight has been
registered and recorded with the Delaware Division of Motor Vehicles (or as recorded with any other state's Department of
Motor Vehicles).
(b) Motor vehicles parked pursuant to the following situations shall be exempt from this section:
(1) Any motor vehicle parked on a highway within a residence district in conjunction with ongoing legal service or work being
performed in relation to a residence or business contained therein. Notwithstanding the above, the motor vehicle may remain
parked within such residence district only for the time necessary to complete such work or service. Examples of such motor
vehicles include, but are not limited to, delivery trucks, limousine services, and moving trucks.
(2) Any motor vehicle used for work being performed or on call in case of emergencies:
a. By a public utility as defined in § 102(2) of Title 26 or by others working on its behalf;
b. In connection with a cable television system as defined in § 102(4) of Title 26; or
c. By a municipality or municipal electric company or by others working on their behalf.
(c) This section shall apply to only New Castle County.
