2 Del. Admin. Code § 2287-13.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2287-13.0 - Specifications for Limousines

13.1 Upon application by letter of any public carrier operating in this State, OPC may waive the requirements (other than those specified in the Delaware Code) of this Chapter if it is shown to the satisfaction of OPC that such a waiver will not endanger the safety of the public.

13.2 Safety Regulations

13.2.1 Each operator and its officers, agents, employees and representatives shall comply with the following regulations, and each such operator shall require that said officers, agents, employees and representatives shall become conversant with these regulations.

13.3 Registration Requirements

13.3.1 Per Title 21 of the Delaware Code, Chapter 21, Section 2109(a): "Any vehicle described in § 2151 of this title may be registered for 24 months, 12 months or 6 months and the effective date of the registration shall be the date the vehicle is titled...The Division of Motor Vehicles may require vehicles to be registered for less than 24 months as may be necessary to ensure a balanced monthly distribution of vehicle inspections and registrations; all fees shall be prorated. The registration of a vehicle shall expire at midnight on the last day of the period for which it is registered, and the vehicle shall not thereafter be operated upon the highways of this State until it has been reregistered according to law."

13.3.2 In accordance with the statutory authority granted by the Code chapter specified above, all limousines must be registered for a period of six months following the initial registration period. In addition the inspection sticker shall expire at the same time as the vehicle registration.

13.3.3 Per Title 21 of the Delaware Code, Chapter 21, Section 2171, no person shall drive or move, nor shall any person, being the owner of a limousine, knowingly permit to be driven or moved upon any highway, any limousine which is not registered as a limousine and for which a certificate of title has not been issued or applied for, or for which current limousine registration plates have not been issued and paid for.

13.3.4 Per Title 21, Chapter 21 of the Delaware Code, Section 2172, Limousines must display, on the rear of the vehicle, the specific license plate beginning with the letters "LX", registered to that limousine.

13.4 Operational Regulations

13.4.1 Inspection and Certification of Inspection

13.4.1.1 All limousines for which Certificates have been issued by OPC must be inspected at a Delaware motor vehicle inspection lane semi-annually. Nothing herein shall limit OPC to require more frequent inspection of such vehicles when, in its opinion, the safety of the public so requires. Limousines not domiciled in Delaware or who are self-inspecting, must be inspected at a Delaware motor vehicle inspection lane annually.

13.4.1.2 No limousine shall be operated unless it prominently displays on the right hand side of the windshield, visible from the exterior, an unexpired Certificate of Inspection issued by OPC or its agent.

13.4.1.3 The passenger capacity of each vehicle is determined by the manufacturer's rating, however, the vehicle may be permanently altered to reduce passenger capacity as long as the integrity and safety of the vehicle has not been compromised and has been approved by OPC.

13.5 Maintenance

13.5.1 The body, chassis, engine and all equipment shall be maintained in proper adjustment and safe operating condition.

13.5.2 All lights must be clean, in working order and properly aimed. This includes stoplights, turn signals, license plate lights, parking lights and headlights.

13.5.3 Brakes must stop the vehicle within required distance.

13.5.4 Glass in windows must have no holes, breaks or cracks.

13.5.5 Mirrors must be clean and unbroken.

13.5.6 Windshield wipers must be fully operative (the rubber blades must be in good condition).

13.5.7 Hood and trunk latches must hold hood and trunk fully closed.

13.5.8 Tires must have no bulges, no fabric showing, no bald areas and no cuts. Tread depth must be at least 2/32 inch measured in two adjacent treads or indicated by the tire's wear bar indicators.

13.5.9 Doorknobs or equivalent must be present and in working condition.

13.5.10 There must be no damaged or dislocated parts projecting from the vehicle that could present a safety hazard.

13.5.11 Horn must be in operating condition.

13.5.12 Muffler must effectively reduce sound of engine exhaust. No leaks in exhaust system. Catalytic converter must be installed if originally equipped from manufacturer.

13.5.13 There must be no fuel, antifreeze, or other fluid leaks.

13.5.14 There must be no excessive discharge of fluids or exhaust emissions to cause a vehicle to smoke.

13.5.15 Bumper height on limousines must not exceed 22 inches from the ground to the bottom of the bumper.

13.5.16 No tinting or sun screening device can be applied to the front windshield or to the front side windows.

13.5.17 No air scoops shall be mounted on a vehicle hood that exceeds 3 inches.

13.5.18 Windshield must have no cracks that interfere with vision. Any cracks over 5 inches on any window are mandatory failure items. Minimum height of visibility in windshield is 10 inches.

13.5.19 A correct record shall be kept showing the vehicle identification, date of breakdowns, any defects reported and corrective measures taken. These records shall be retained by the carrier for at least three years.

13.5.20 Each operator shall make a complete inspection of each motor vehicle at least once each week for mechanical or structural defects and all necessary repairs shall be made before the motor vehicle is returned to service. An itemized record of each inspection showing the date, vehicle identification, lubrication record and adjustments, and signed by the person making such inspection, shall be retained by the carrier for at least three years.

13.5.21 The maintenance facilities or an arrangement for the use of such facilities, of each carrier shall be adequate and shall include either a suitable pit, ramp or hoist.

13.5.22 The passenger section shall be kept clean and sanitary and free of debris.

13.6 Fixed Termini

13.6.1 A limousine for hire can only engage in "Prearranged" transportation over regular or irregular routes between 2 termini, at least 1 of which must be fixed.

13.6.2 A limousine for Hire, picking up passengers at any location in the State of Delaware, must have been arranged or reserved by the passenger or a third party via telephone, facsimile, or computer at the request of the passenger before the Vehicle for Hire is dispatched and may not pick up anyone other than the passenger. A written trip ticket or written contract of having been summoned by the passenger to provide service for this specific date, time, and trip must be available in the vehicle for inspection by OPC. Lack of such written evidence shall constitute operation of an illegal Taxicab Service.

13.6.3 A limousine for hire may not enter a Taxicab Stand or be stationed within twenty five hundred (2500) feet of a hotel or business property without a written trip ticket or written contract of having been summoned by the passenger to provide service for this specific date, time, and trip in the vehicle. Performance of such activity without a written trip ticket or written contract shall constitute operation of an illegal Taxicab Service.

13.6.4 When waiting for a passenger at any location, the driver of the limousine shall place a card in the rear side window of the vehicle prominently displaying the surname of the passenger until the passenger boards the vehicle.

13.6.5 Drivers regulated by this Chapter shall not offer nor give payment to anyone for securing or the prospect of securing any fare or trip.

2 Del. Admin. Code § 2287-13.0

22 DE Reg. 1030 (6/1/2019) (final)