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SPONSOR: Rep. Berry & Rep. Cooke & Sen. Poore
Reps. K. Johnson, Morrison, Kamela Smith, Ortega,
Osienski, Romer, Bolden, S. Moore, Harris; Sens. Sokola,
Hoffner, Richardson, Walsh
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 362
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRUCK PARKING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 4508, Title 21 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 4508. Penalties.
4 (a) Any person who violates any requirement of this chapter, relating to size or weight of a vehicle or a
5 combination of vehicles or restrictions regarding parking in residence districts pursuant to § 4512 of this title, shall be
6 punished as follows:
7 (1) A first offense shall be punishable by a fine of not less than $100 nor more than $500 or by a term of
8 imprisonment of not more than 30 days or both.
9 (2) A subsequent like offense shall be punishable by a fine of not less than $400 nor more than $2,000 or by a
10 term of imprisonment of not more than 60 days or both.
11 Section 2. Amend § 4512, Title 21 of the Delaware Code by making deletions as shown by strike through and
12 insertions as shown by underline as follows:
13 § 4512. Oversized motor vehicle and trailer parking.
14 (e) The Department of Transportation may place signs prohibiting or restricting the stopping, standing or parking
15 of any truck tractor without trailer attached, truck tractor with trailer attached, trailer, semitrailer, or recreational trailer
16 unattached to a motor vehicle on any highway where, in its opinion, such stopping, standing, or parking is dangerous to
17 those using the highways or where the stopping, standing, or parking of vehicles would unduly interfere with the free
18 movement of traffic thereon. Such prohibitions or restrictions may be declared to be effective either part or all of the time,
19 and differing limits may be established for different times of the day, for different types of vehicles, for different weather
20 conditions and when other significant factors differ. One sign located at the beginning of the roadway is sufficient to
21 prohibit or restrict stopping, standing, or parking for the length of the roadway. The Department shall provide a list of
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22 roadways or sections of roadways for which it has placed signs prohibiting or restricting the stopping, standing, or parking
23 to the Division of Safety and Homeland Security and law-enforcement agencies across the state.
SYNOPSIS
This Act clarifies that penalties associated with section 4512 of Title 21, relating to truck parking, are applicable to
parking violations in both residence and non-residence districts. This Act further clarifies that truck tractors (with and
without attached trailers) may be prohibited from stopping, standing, or parking on highways in the same manner as trailers
and semitrailers.
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