(a) Except as modified by this chapter, the State hereby adopts, as the laws of Delaware governing motor carrier safety, the following parts of the Code of Federal Regulations, as published and as subsequently amended: Title 49, Chapter III, Subchapter B, Part 374, Part 385, Part 386, Part 387, Part 390, Part 391, Part 392, Part 393, Part 395, Part 396 and Part 397, adopted pursuant to the Transportation Article of the United States Code (49 U.S.C. § 101 et seq.).

Terms Used In Delaware Code Title 21 Sec. 4702

  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302

(b) Notwithstanding the adoption of the laws and regulations as indicated in subsection (a) of this section, no requirements under this chapter shall apply to any single vehicle or a vehicle in combination operated in intrastate commerce with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except for:

(1) A vehicle being used to transport hazardous materials of a type or quality that requires the vehicle to be marked or placarded in accordance with the Federal Motor Carrier Safety Regulations; or

(2) A vehicle having a seating capacity of 16 or more persons.

65 Del. Laws, c. 198, § ?1; 66 Del. Laws, c. 114, § ?11; 74 Del. Laws, c. 217, §§ ?16-18; 75 Del. Laws, c. 324, § ?1; 82 Del. Laws, c. 93, § 5;