Bill Text: DE HB318 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 2 Of The Delaware Code Relating To Public Carriers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-28 - Introduced and Assigned to Public Safety & Homeland Security Committee in House [HB318 Detail]
Download: Delaware-2009-HB318-Draft.html
|
SPONSOR: |
Rep. Hudson & Sen. Sorenson |
|
|
|
HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
|
HOUSE BILL NO. 318 |
|
AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO PUBLIC CARRIERS. |
Section 1.Amend §1802(m), Title 2 of the Delaware Code by redesignating subsection (m) and its text as subsection (m)(A); and by adding to §1802(m) a new paragraph (B) to read:
"(m)(B) After a hearing or after a letter of explanation has been received in a timely manner from an accused person, if the Department finds that the accused person did not operate as a public carrier, the Department may not assess any penalty, whether suspended or waived or otherwise, for any period of time; nor impose a formal or informal suspension period of any length; nor require the person to complete an affidavit of status as a public carrier or any other affidavit; nor require the person to have any affidavit or other document related to the alleged violation notarized; nor impose additional penalties because of the present alleged violation, should the person be charged for the same or similar violation in the future.The Department shall instruct the Office of Public Carrier Regulation to cease the pursuit of enforcement action against any person found not to have operated as a public carrier.".
SYNOPSIS
|
This bill clarifies that if a person is charged with a violation of operating as a public carrier, but is found not to have committed the violation, the Department of Transportation and the Office of Public Carrier Regulation must totally cease the pursuit of enforcement and penalty action, including penalty assessment, suspension periods, and notarizing affidavits. |
