Bill Text: DE SB157 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To Open Meetings.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2014-08-06 - Signed by Governor [SB157 Detail]
Download: Delaware-2013-SB157-Draft.html
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SPONSOR: |
Sen. Venables & Rep. Atkins |
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Sens. Ennis, Henry, Hocker, Lawson, Lopez, Pettyjohn, Simpson; Reps. Briggs King, Dukes, Kenton, Paradee, Peterman, Ramone, Wilson |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 160 |
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AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE GROSS VEHICLE WEIGHT OF LIVE-HAUL POULTRY TRUCKS. |
Section 1.Amend §4501(f), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§4501. Size and weight of vehicles generally.
(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 Except as otherwise provided in this
paragraph, 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.For a live-haul
poultry truck traveling less than 100 miles from the farm to the plant, 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 90,000
pounds.However, such a live-haul
poultry truck may exceed the established weight limit by no more than 3 percent
to account for variations in bird weight due to bird size, moisture retention
caused by precipitation, or other unanticipated conditions.For the 90,000 pound weight limit and
associated 3 percent variance to apply to a live-haul poultry truck, the
following conditions must exist:
a. The live-haul poultry truck must be subject to the Delaware Motor Carrier Safety Assistance Program (MCSAP).
b. The live-haul poultry truck must adhere to all bridge weight limits.
c. The live-haul poultry truck must not use the interstate highway system.
d. The axels on a live-haul poultry truck must be a minimum of 96 inches apart no later than one year after enactment.
Section 2.Amend §4502(c), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§4502. Size and weight of vehicles except on interstate highways and United States numbered routes.
(c)(6) The Except as otherwise provided in
this paragraph, 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 whichever is less. For a
live-haul poultry truck traveling less than 100 miles from the farm to the
plant, 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
90,000 pounds.However, such a live-haul
poultry truck may exceed the established weight limit by no more than 3 percent
to account for variations in bird weight due to bird size, moisture retention
caused by precipitation, or other unanticipated conditions.For the 90,000 pound weight limit and associated
3 percent variance to apply to a live-haul poultry truck, the following
conditions must exist:
a. The live-haul poultry truck must be subject to the Delaware Motor Carrier Safety Assistance Program (MCSAP).
b. The live-haul poultry truck must adhere to all bridge weight limits.
c. The live-haul poultry truck must not use the interstate highway system.
d. The axels on a live-haul poultry truck must be a minimum of 96 inches apart no later than one year after enactment.
SYNOPSIS
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The bill would increase the weight limit for live-haul poultry trucks operating on Delaware highways within 100 miles of the plant in order to accommodate the poultry industry and ensure public safety.In addition, the bill would provide for a weight variance of 3 percent to account for variations in bird weight.Live-haul poultry trucks are granted the increased weight limit and associated variance provided that these trucks are in compliance with several conditions aimed at ensuring public safety.Provided these conditions are met, this bill would allow a live-haul poultry truck to weigh up to 92,700 pounds before any penalty is assessed for exceeding weight restrictions. The weight variance provided for in this bill is the same weight variance granted to vehicles used for farm operations by §4502(c)(9) of Title 21. |
Author: Senator Venables
