Delaware § 4508 Penalties

Delaware Statutes

§ 4508 — Penalties

Delaware·Title 21·Part Operation and Equipment·Ch. 45 SIZE AND WEIGHT OF VEHICLES AND LOADS

(a)Any person who violates any requirement of this chapter, relating to size or weight of a vehicle or a combination of vehicles or restrictions regarding parking in residence districts pursuant to § 4512 of this title, shall be punished as follows:

(1)A first offense shall be punishable by a fine of not less than $100 nor more than $500 or by a term of imprisonment of not more than 30 days or both.

(2)A subsequent like offense shall be punishable by a fine of not less than $400 nor more than $2,000 or by a term of imprisonment of not more than 60 days or both.

(b)Any person who violates any requirement of this chapter, specifically relating to weight of a vehicle or a combination of vehicles, such that said vehicle shall be classified as an “overweight vehicle,” shall in addition t

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(a) Any person who violates any requirement of this chapter, relating to size or weight of a vehicle or a combination of vehicles or restrictions regarding parking in residence districts pursuant to § 4512 of this title, shall be punished as follows:

(1) A first offense shall be punishable by a fine of not less than $100 nor more than $500 or by a term of imprisonment of not more than 30 days or both.

(2) A subsequent like offense shall be punishable by a fine of not less than $400 nor more than $2,000 or by a term of imprisonment of not more than 60 days or both.

(b) Any person who violates any requirement of this chapter, specifically relating to weight of a vehicle or a combination of vehicles, such that said vehicle shall be classified as an “overweight vehicle,” shall in addition to whatever other penalties may be allowed by law be punished as follows:

(1) A first offense shall be punishable by a fine for all excess weight up to and including 5,000 pounds in the amount of 2.3 cents per pound and a fine for all excess weight over 5,000 pounds in the amount of 5.75 cents per pound or by a term of imprisonment not to exceed 30 days or both.

(2) Each subsequent offense shall be punishable by a fine for all excess weight up to and including 5,000 pounds in the amount of 5.75 cents per pound and a fine for all excess weight over 5,000 pounds in the amount of 11.5 cents per pound or by a term of imprisonment not to exceed 60 days or both.

(c) For purposes of this section a first offense shall be defined as one not previously committed by the person charged within the previous 24 months prior to the date of the offense. A subsequent like offense shall be deemed to have occurred if the person charged has previously been convicted or charged and subsequently convicted of the same offense within the previous 24 months prior to the date of this offense.

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Legislative History

36 Del. Laws, c. 10, § 142 ; 38 Del. Laws, c. 30 ; 40 Del. Laws, c. 37, § 1 ; Code 1935, § 5680; 46 Del. Laws, c. 61 ; 21 Del. C. 1953, § 4507; 60 Del. Laws, c. 596, § 1 ; 63 Del. Laws, c. 337, § 2 ; 64 Del. Laws, c. 207, § 5 ; 68 Del. Laws, c. 9, §§ 52, 53 ; 70 Del. Laws, c. 186, § 1 ; 78 Del. Laws, c. 237, § 2 ; 83 Del. Laws, c. 430, § 1