Del. Code tit. 21 § 4504

Current through 2024 Legislative Session Act Chapter 269
Section 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 a period of 1 year or 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.]
h. [Deleted.]
(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.]
(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.

21 Del. C. § 4504

Amended by Laws 2019, ch. 28,s 1, eff. 6/5/2019.
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.;