2 Del. Admin. Code § 2287-11.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2287-11.0 - Specifications for Charter Buses

11.1 Upon application by letter of any public carrier operating in this State, OPC may waive the requirements (other than those specified in the Delaware Code) of this Chapter. OPC recognizes that improved vehicle designs may demand a further evaluation on a case by case basis.

11.2 Safety Regulations

11.2.1 OPC hereby adopts as part of these Rules and Practices Part 393, Parts and Accessories Necessary for Safe Operations, Subchapter B, Chapter 1, Title 29, Transportation, of the United States Code. Part 393 is published in a booklet entitled Motor Carrier Safety Regulations published by the Bureau of Motor Carrier Safety, Federal Highway Administration, U.S. Department of Transportation. This booklet is available from the Government Printing Office, Washington, D.C.

11.2.2 All buses regulated by DelDOT whether used in interstate or intrastate operations, must conform to the regulations stipulated in Part 393 of USC Title 49, and as specified in Del. Code, Title 21, § 4502.

11.2.3 An individual operating a Commercial Motor Vehicle, as defined in 21 Del.C. Ch. 26, § 2603(10), must possess a Commercial Driver's License, as defined in 21 Del.C. Ch. 26, § 2603(8), and must comply with the Uniform Commercial Driver License Act (21 Del.C. Ch. 26) in its entirety.

11.3 Specifications for Charter Buses

11.3.1 Identification

11.3.1.1 No bus shall be operated unless it displays on each side of its exterior in clearly visible letters at least 1-5/8" 4.1cm in height the exact name of the owner.

11.3.1.2 The name of lessee, if any, shall be displayed in like manner, preceded by the words, "operated by".

11.3.1.3 Every bus shall be assigned an identifying number by the carrier. This number must be displayed on the interior front and the front and rear of the exterior. Interior numbers shall be at least 1-3/8"/3.5cm in height. All exterior numbers shall be at least 3-5/8"9.2cm in height and of a sharply contrasting color from the background.

11.3.1.4 Each bus shall have displayed on the right hand side thereof the number assigned by DelDOT in letters and figures 2"/5.1cm high in the following style:

DELDOT - 5000

Note: Effective September 10, 2011, DelDOT numbers will no longer be assigned by the Office of Public Carrier Regulation and will not be required to be displayed on public carrier vehicles.

11.3.1.5 All exterior lettering identifying buses as school buses shall be covered when using the bus in charter service.

11.3.1.6 Required lettering and numbering color must be sharply contrasting in color from the background color of the vehicle and permanently affixed to the vehicle.

11.3.2 Inspection and Certificate of Inspection

11.3.2.1 All buses for which Certificates have been issued by OPC shall be inspected at least twice annually. Nothing herein contained shall limit OPC to require more frequent inspection of such buses when, in its opinion, it is in the public interest. Buses not domiciled in Delaware or who are self-inspecting must be inspected at a motor vehicle inspection lane semi-annually.

11.3.2.2 No bus shall be operated unless it prominently displays on the right hand windshield, visible from the exterior, an unexpired Certificate of Inspection issued by OPC or its agent. Buses meeting the inspection requirements of states having reciprocity agreements with OPC shall be deemed to have met the requirements of OPC.

11.3.2.3 The passenger capacity of each vehicle is determined by the manufacturer's rating, however, the vehicle may be permanently altered to reduce passenger capacity as long as the integrity and safety of the vehicle has not been compromised and has been approved by OPC.

11.3.3 Maintenance

11.3.3.1 The body, chassis, engine and all equipment shall be maintained in proper adjustment and safe operating condition:

11.3.3.1.1 All lights must be clean, in working order and properly aimed. This includes stoplights, turn signals, license plate lights, parking lights and headlights.

11.3.3.1.2 Brakes must stop the vehicle within required distance.

11.3.3.1.3 Glass in windows must have no holes, breaks or cracks.

11.3.3.1.4 Mirrors must be clean and unbroken.

11.3.3.1.5 Windshield wipers must be fully operative (the rubber blades must be in good condition).

11.3.3.1.6 Hood and trunk latches must hold hood and trunk fully closed.

11.3.3.1.7 Tires must have no bulges, no fabric showing, no bald areas and no cuts. Tread depth must be at least 2/32 inch measured in two adjacent treads.

11.3.3.1.8 Doorknobs or equivalent must be present and in working condition.

11.3.3.1.9 There must be no damaged or dislocated parts projecting from the vehicle that could present a safety hazard.

11.3.3.1.10 Horn must be in operating condition.

11.3.3.1.11 Muffler must effectively reduce sound of engine exhaust. No leaks in exhaust system.

11.3.3.1.12 There must be no fuel, antifreeze, or other fluid leaks.

11.3.3.1.13 There must be no excessive discharge of fluids or exhaust emissions to cause a vehicle to smoke.

11.3.3.1.14 No tinting or sun screening device can be applied to the front windshield or to the front side windows.

11.3.3.1.15 Windshield must have no cracks that interfere with vision. Any cracks over 5 inches on any window are mandatory failure items. Minimum height of visibility in windshield is 10 inches.

11.3.3.2 A current record shall be kept showing the vehicle identification, date of breakdowns, any defects reported and corrective measures taken. These records shall be retained by the carrier for at least three years.

11.3.3.3 Each carrier shall make a complete inspection of each motor vehicle at regular time or mileage intervals, i.e. weekly/every 1000 miles, for mechanical or structural defects and all necessary repairs shall be made before the motor vehicle is returned to service. An itemized record of each inspection showing the date, vehicle identification, lubrication record and adjustments, and signed by the person making such inspection, shall be retained at the office, garage or repair shop where such inspection is made for at least three years.

11.3.3.4 The maintenance facilities or an arrangement for the use of such facilities, of each carrier shall be adequate and shall include either a suitable pit, ramp or hoist.

11.3.3.5 The passenger section shall be kept clean and sanitary, and free of debris.

11.4 Simulating Color or Design. Public carriers are prohibited from marking, painting or designing their vehicles so as to simulate vehicles of special design or markings operated by other carriers within the same local area. Such simulation of design or any other act intended to invite patronage by deception will be considered as sufficient ground for the revocation of a Certificate. This regulation shall not apply to school buses.

2 Del. Admin. Code § 2287-11.0

15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (6/1/2019) (Final)