Information

Rules and Practices of
The Delaware Department of Transportation
Pertaining to the Regulation of Public Carriers
Operating in the State of Delaware

Approved by:
Anne P. Canby, Secretary, Delaware Department of Transportation
on August 6, 1998

Approved by:
Christine Pochomis, Director of Administration
on July 15, 1998


Table of Contents


CHAPTER 1 - DEFINITIONS

1.1 Definitions - Same as used in 2 Del.C. Chapter 18, §1801.

  1. "Department" means the Delaware Department of Transportation.
  2. "Secretary" means the Secretary of the Department of Transportation.
  3. "Director" means the Director of Administration of the Department of Transportation.
  4. "Highway" means any road, lane, or street maintained by the State, or any municipality or county thereof, for use by the traveling public.
  5. "Interstate" means transportation between any place in a state and any place in another state or between places in the same state through another state.
  6. "Intrastate" means travel within the boundaries of the State of Delaware.
  7. "Personnel" means employees and consultants of the Delaware Department of Transportation.
  8. "Property" means all material, equipment, apparatus, devices and property of any kind owned or operated by any public carrier.
  9. "Proceedings" means actions, complaints, hearings, investigations, trials, appeals, orders, and similar proceedings.
  10. "Rates" means rates, fares, charges, tolls, fees, tariffs or any schedule of prices charged for public transportation by the public carrier.
  11. "Records" means accounts, books, charts, contracts, documents, files, maps, reports, schedules, etc.

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CHAPTER 2 - THE DELAWARE DEPARTMENT OF TRANSPORTATION (DelDOT)

2-1 Office

The principal office of the Delaware Department of Transportation shall be in the City of Dover and shall be in the Department of Transportation, Department of Transportation, Office of Public Carrier Regulations, P.O. Drawer E, Dover, Delaware 19903.

2-2 Prohibited Conduct of Employees of DelDOT

DelDOT personnel shall conduct themselves in accordance with Title 29 of the Delaware Code, Chapter 58-A and in furtherance of such compliance shall not:

  1. hold a pecuniary interest in or office of any public carrier.
  2. recommend to any public carrier the employment of any person.
  3. accept from any public carrier a gift or gratuity.
  4. divulge information learned during the course of an investigation except as may be directed by DelDOT or authorized by law.

2-3 Books, Records, Accounts and Systems of Account of Carrier

  1. DelDOT requires all carriers to maintain for permanent record and/or submission to DelDOT the following records, accounts and documents: annual reports, maps of operating territory, Delaware intrastate rights, Certificates of Public Convenience and Necessity for both Delaware and I.C.C./U.S. DOT, if any, and changes or addendums to said certificates, depreciation accounts, maintenance records on each vehicle, and any other records DelDOT may prescribe. All accounting procedures must conform with generally accepted accounting principles.
  2. Every public carrier shall keep such books, accounts, papers, records and memoranda as are required by DelDOT and, when required, shall make available copies of its books, accounts, papers, records, and memoranda relating to the business done by such public carrier within this State.

2-4 Inspections

DelDOT shall have access to and the right to inspect and examine any and all books, accounts, records, memoranda, property, plant, facilities, and equipment of public carriers. These inspections shall be made where such books, accounts, records, memoranda, property, plant, facilities, and equipment are maintained by public carriers.

2-5 Standards, Classifications, Regulations, Practices, Measurements, Services, Property and Equipment of Public Carrier

DelDOT shall, after hearing, by order in writing:

  1. fix just and reasonable standards, classifications, regulations, practices, measurements or services to be furnished, imposed, observed, and followed thereafter by any public carrier.
  2. require every public carrier to furnish safe, adequate and proper service and keep and maintain its property and equipment in such condition as to enable it to do so.

2-6 Filing of Papers

  1. DelDOT shall be responsible for the maintenance and custody of the docket files, and records of DelDOT including the transcripts of testimony and exhibits with all papers and requests filed in proceedings, and the minutes of all action taken by DelDOT, and of its findings, determinations, reports, opinions, orders, rules, regulations, and approved forms.
  2. All orders and other actions of DelDOT shall be authenticated or signed by the Director or such other as may be authorized by him/her.
  3. All pleadings or papers required to be filed with DelDOT shall be filed in the office of DelDOT, in person or by certified mail, at Dover, within the time limit, if any, fixed by law or DelDOT's rule for such filing; and similarly all requests for official information, copies of official records, or opportunity to inspect public records shall be made to the office of DelDOT.
  4. Communications addressed to DelDOT and all applications, complaints, petitions, answers and other pleadings, all reports, exhibits, depositions, transcripts, orders and other papers or documents, received or filed in the office of DelDOT shall be stamped showing the date of the receipt or filing thereof.
  5. All papers, of whatever character, offered for filing in any formal case shall show the title and style of the case and the docket number if such number has been assigned. DelDOT will not be required to file any paper not so identified.

2-7 Effective Date

These Rules and Practices shall become effective upon completion of a Public Hearing, adoption by DelDOT and approval by the Secretary of the Department of Transportation. DelDOT shall take such action to insure that such known public carriers are informed by certified mail. DelDOT will also utilize additional methods to publicize the effective date to reach as many public carriers as it can.

2-8 Changes

Upon its own initiative or request by a public carrier or individual, DelDOT shall consider changes to these Rules and Practices. The proposed changes and DelDOT's comments and recommendations pertaining to them shall be distributed to all interested and involved parties. In accordance with Title 2 of the Delaware Code, Chapter 18, §1802(b), a Public Hearing will be held, and the Secretary must approve any changes prior to implementation.

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CHAPTER 3 - PUBLIC CARRIERS

3-1 Applicability

These rules and practices shall apply to all public carriers regulated by DelDOT in compliance with Title 2, Chapter 18 of the Delaware Code annotated.

3-2 Resident Agent

Every public carrier shall file with DelDOT a designation in writing of the name and post office address of a person residing within this State or a corporation authorized to transact business in the State, upon whom service of any notice, order or process may be made under this Chapter. Such designation may, from time to time, be changed by like writing similarly filed.

3-3 Prohibitions

Hereafter no public carrier shall, without prior approval of DelDOT in instances where DelDOT has jurisdiction (see Title 2, Chapter 18, §1802):

  1. exercise any franchise except to the extent granted by DelDOT,
  2. assign, lease or transfer any franchise right,
  3. acquire a pecuniary interest in any other public carrier operating in this State,
  4. abandon, discontinue, or alter any franchise.

    No public carrier shall under any circumstances:

  5. offer to any employee of DelDOT whose duties include the regulation of public carriers any office, appointment, gift, gratuity, or special consideration of any kind whatsoever.
  6. charge or receive from any person a greater or lesser compensation than from any other person under substantially similar circumstances.
  7. extend any privileges to any person except as authorized in Title 2, Chapter 18, Section 1816 of the Delaware Code.
  8. discriminate against any person as prohibited by the Laws or Constitutions of the United States and the State of Delaware.
  9. refuse service to any person unless he/she is under the influence of intoxicating liquors or drugs, or he/she is incapable of taking care of himself/herself, or his/her conduct is such, or is likely to be such, as to make him/her objectionable to other passengers or prospective passengers.

3-4 Affirmative Duties

Every public carrier shall, in addition to all other duties imposed by the Laws of the State of Delaware:

  1. maintain a schedule of rates and charges for convenient inspection by the public.
  2. file with DelDOT an annual report for the preceding fiscal year and other special reports that may from time to time be required.
  3. furnish services which are safe.
  4. file with DelDOT within thirty (30) days of accidents involving personal injury or property damage exceeding $1000 in which they are involved. Public carriers providing service where intrastate and interstate traffic are commingled in the same vehicle shall notify DelDOT of accidents in which they are involved occurring within this State which also must be reported to a Federal agency, by reporting such accidents to DelDOT on copies of forms sent to the Federal agency. In case of death resulting from an accident, DelDOT shall be notified by telephone or telegram as soon as possible. Both DelDOT and the Federal agency shall be notified concurrently.
  5. provide to DelDOT by July 1 annually a listing of drivers operating vehicles under the regulatory jurisdiction of DelDOT. This list will be kept current by the carrier to DelDOT.
  6. comply with these Rules and Practices.

3-5 Transportation of Blind Persons with Guide Dogs

All public carriers shall transport dogs trained for the purpose of guiding blind persons when accompanying such persons paying regular fare; provided, that the guide dogs shall be properly leashed and muzzled.

3-6 Smoking Prohibited

Smoking is prohibited as provided in Title 11 of the Delaware Code, Chapter 5, Subchapter VII, §1326.

3-7 Passenger Notification

Whenever any bus or railroad train is subject to a delay either en route or in a station, the passengers on board or in the station or at stations further along the line shall be told the reason for the delay and when their trip will be resumed when that information is known to pertinent personnel of the carrier.

3-8 ICC/U.S.DOT Registration

All motor carriers subject to regulation by DelDOT and also engaged in interstate commerce in the State of Delaware and possessing authorization to do so from the Interstate Commerce Commission/U.S. DOT shall file with DelDOT copies of such authorization.

3-9 Public Liability Insurance

All public carriers must be covered with insurance as specified in Title 2, Chapter 18, §1802(p) and §1818 of the Delaware Code.

The minimum coverages are as follows:

Buses Taxi Limousines
Bodily injury or death each person $100,000 $100,000 $100,000
Bodily injury or death each accident $300,000 $300,000 $300,000
Per accident for property damage $50,000 $50,000 $50,000

3-10 Safety Regulations

Each operator and its operating 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.

  1. Vehicles to be operated safely - No motor vehicle shall be driven recklessly, or so as to endanger life, limb, or property. Extreme caution in the operation of motor vehicles shall be exercised under hazardous conditions, such as snow, ice, sleet, fog, mist, rain, dust, smoke, or any other condition which adversely affects visibility or traction.
  2. Drivers - No motor vehicle shall be driven by a driver while his/her ability or alertness is so impaired through fatigue, illness, or any other cause, as to make it unsafe for him/her to drive or to continue to drive a motor vehicle; nor shall he/she be required or knowingly be permitted to drive while in such condition, except in case of grave emergency where the hazard to passengers would be increased by observance of the foregoing regulation.
  3. Intoxicating Liquors and Drugs - No driver shall go on duty while under the influence of intoxicating liquor or narcotic or habit producing drugs, use drugs or drink while on duty any alcoholic liquor or beverage, nor shall he/she knowingly be permitted to do so.
  4. Grade Crossings - Each vehicle used for the transportation of passengers, by any public carrier, when carrying passengers, upon approaching any railroad or railway crossing, at grade, where there is no physical disconnection of the rail, no physical barrier across the tracks, or other definite evidence of abandonment, shall be brought to a full stop within fifty (50) feet/15.2m but not less than fifteen (15) feet/4.6m from the nearest rail of such railroad or railway grade crossing, and the vehicle shall not proceed until due care has been taken to ascertain that the course is clear; provided, however, that such stop shall not be required at a crossing of street railway tracks within an urban area. In all such cases, movement over crossings shall be made in such gear that there shall be no necessity for changing gears while traversing the crossing.
  5. Safe Condition of Vehicle - No motor vehicle knowingly shall be operated in passenger service unless it conforms to the minimum standards of safety inspection as adopted by DelDOT. Minimum safety standards as used here means Part 393, Title 49, Code of Federal Regulations (See Section 7-1).
  6. Explosives, Acids, and Inflammables - No public carrier knowingly shall permit the transportation of high explosives, acids, inflammable liquids, loaded guns or any other article which will endanger life or limb, in any motor vehicle used for transportation of passengers. This Section shall not apply to firearms carried by police officers or by members of the armed forces while on duty or while en route to or from duty.
  7. Packages - No common carrier shall permit the transportation of express or parcel freight to such an extent as will interfere with the safety or reasonable comfort of passengers.

3-11 Employers' Rules

Nothing contained in these regulations shall be construed as prohibiting any public carrier from promulgating and enforcing additional rules and regulations relating to safety or operation, not inconsistent with the regulations herein adopted and the laws of this State.

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CHAPTER 4 - RATES AND TARIFFS

4-1

  1. Rates - Rates and tariffs must be filed with DelDOT in accordance with Title  2 of the Delaware Code, Chapter 18, Section 1802(q) before they may be instituted.
  2. Tariffs - Public carriers shall file one copy of all tariffs, supplements and amendments thereto, showing all rates or charges and rules and regulations at least thirty (30) days prior to their effective date unless special authority is otherwise granted by DelDOT. Each tariff shall show:
    1. current intrastate rates including joint rates when such have been established between each point on a route and all other points on any other route
    2. the classification of passengers
    3. privileges or facilities granted
    4. all rules and regulations which may in any manner change, affect, or determine rates or services
    5. tariffs shall be filed in a form similar to that required by the Interstate Commerce Commission /U.S. DOT.

4-2 Rate and Time Schedule Changes: Notice

  1. No public carrier shall make any change in any existing rate or time schedules without publication in a newspaper of general circulation in the geographic area affected by the changes. The notices shall plainly state the changes proposed to be made in the rates and schedules then in force and the time when the changes will go into effect. The notice shall be published thirty (30) days prior to the proposed effective date. All such changes shall be immediately indicated upon its schedules by such public carrier. Public carriers engaged in regularly scheduled operations shall also prominently post notice of proposed rate and schedule changes in all agency stations within the State. The public shall have the opportunity to inspect the details of the proposed changes upon request to the agent.
  2. Rate changes shall be in accordance with Title 2 of the Delaware Code, Chapter 18, Section 1802(q).
  3. If 180 days have passed after the issuance of a Certificate, and a carrier has not begun operating the proposed service, the Certificate shall be revoked. The carrier will be given a 90 day warning, with the opportunity to request an extension past the 180 day limit. If an extension is warranted, it will be granted, up to but not exceeding 180 days past the first 180 day deadline.

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CHAPTER 5 - CHARGES, FEES AND FUNDS

5-1 Schedule of Fees

DelDOT hereby establishes the following schedule of fees applying to public carriers:

Schedule of Fees and Charges Applying to Public Carriers

1. For filing an annual financial statement or report $7.50
1a. For late filing of an annual financial statement or report $100.00
2a. For filing each application for a Certificate of Public Convenience and Necessity for original authority. $75.00
2b. For filing each application for an amendment to an existing Certificate (including a general rate adjustment and an increase in authorized number of vehicles) $75.00
3. For each filing of a change in rates or tariffs, other than a general rate increase (no fee required for filing of time schedule changes) $10.00
4. For each original inspection of equipment or vehicle $20.00
5. For each semi-annual inspection of a vehicle with a capacity of 11 passengers or more $10.00
6. For each semi-annual inspection of a vehicle with capacity of 10 passengers or less $7.50

2 Del. C. 1802 (g) requires all public carriers to submit an annual assessment measured by a formula equal to the product of 0.002 (2 mills) multiplied by the public carrier's gross operating revenues for the applicable calender year for which the assessment is made.

The formula is:

Gross Revenue x 0.002 + $7.50 filling fee = Annual Assessment due to DelDOT.

The Annual Assessment is due on or before April 1st. Late payments are subject to a $100 penalty.

DelDOT may charge any other cost or fee authorized by 3 Del.C., Chapter 18 necessary for it to carry out its functions.

* The inspection of buses as provided herein applies only to buses domiciled in Delaware.

6-1 Investigation, Inquiry or Hearing Conducted by Examiner

In any investigation, inquiry or hearing, DelDOT may designate a hearing officer as an examiner who may administer oaths, examine witnesses and receive evidence in any locality which DelDOT having regard to the public convenience and the proper discharge of its functions and duties, may designate. Upon completion of such hearing or the taking of such testimony and evidence, the Examiner shall submit to DelDOT his/her findings and recommendations thereon, which findings and recommendations shall be considered by DelDOT and such action taken with respect thereto by DelDOT as it decides to be proper. Any determination or order of DelDOT upon any such investigation, inquiry or hearing undertaken or held by DelDOT shall not become and be effective until approved and confirmed by the Director of Administration or his/her designee, after the public hearing; and upon such confirmation, such determination or order shall be the determination or order of DelDOT.

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CHAPTER 6 - HEARINGS AND APPEALS

6-2 Rules Governing Conduct of Hearings; Findings and Order

  1. All hearings before DelDOT or its designated representative shall be public, and shall be conducted in accordance with the rules of practice and procedure prescribed by DelDOT. In the conduct of such hearings, DelDOT shall not be bound by the technical rules of evidence. A full and complete record shall be kept of all proceedings held before DelDOT or its representative, in any formal hearing, and all testimony shall be sworn and recorded by a reporter designated by DelDOT and a transcript prepared and the parties shall be entitled to be heard in person or by attorney, and to introduce evidence. The applicant or the public carrier about whom the hearing is being held will be responsible for the cost of the stenographic record. No Certificate of Public Convenience and Necessity shall be issued until this cost has been paid.
  2. After the conclusion of the hearing, DelDOT shall make and file its findings with its opinion, if any, and its order thereon.

6-3 Compelling Attendance of Witnesses and Production of Documents, Oaths: Subpoenas

  1. DelDOT may compel the attendance of witnesses and the production of contracts, papers, books, accounts and all other documents.
  2. DelDOT or any examiner or employee designated by it, may administer oaths to all witnesses who may be called before DelDOT, any member thereof, or any examiner, as the case may be.
  3. Subpoenas issued by DelDOT shall be signed by the Director or an examiner designated by him/her and attested to, and may be served by certified mail or by any employee of DelDOT.

6-4 Refusal to Obey Subpoena, Answer Questions or Produce Documents; Contempt

If a person refuses to comply with a subpoena either to appear before DelDOT for testimony or to produce requested documents, DelDOT may apply to the Superior Court for an order compelling such attendance, testimony or production of documents in accordance with law.

6-5 Depositions of Witnesses

No discovery may be taken including depositions except upon granting of an order by DelDOT upon motion of either of the parties for good cause.

6-6 Effective Date and Service Of Orders

  1. Every order made by DelDOT shall be served upon the person or public carrier affected thereby, within 10 days from the time the order is filed, by personally delivering or sending by certified mail a certified copy thereof to the public carrier. In any proceeding in which such person or public carrier shall be represented by an attorney, service may be made upon such attorney of record.
  2. All orders of DelDOT shall become effective within such reasonable time as it prescribes.

6-7 Time

  1. Computation - In computing any period of time prescribed or allowed by any rule, order or notice of DelDOT, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it falls on a Saturday, Sunday or a day made a legal holiday by the laws of this State in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a legal holiday.
  2. Enlargement - Upon good cause shown, DelDOT may extend any period of time prescribed or allowed by any DelDOT rule, order or notice.

6-8 Parties

  1. Classes - The parties to proceedings before DelDOT are applicants, complainants, defendants, interveners, petitioners, and respondents, according to the nature of the proceedings and their relation thereto.
  2. Applicants - In proceedings involving applications for any permission, authorization or approval which DelDOT may give under the authority of the Law, the public carriers or persons making such applications are the applicants.
  3. Complainants - Persons who complain to DelDOT of anything done or omitted to be done by any public carrier or person, subject to the jurisdiction of DelDOT, in violation of any law which DelDOT has the power to administer, or of any rule, regulation or order of DelDOT.
  4. Defendants - Public carriers or persons subject to the Law or any orders, rules or regulations issued or promulgated thereunder, against whom any complaint is filed.
  5. Interveners - Persons permitted to intervene in any proceedings before DelDOT as hereinafter provided.
  6. Petitioners - Persons seeking relief, not otherwise designated herein.
  7. Respondent - Public carriers against whom an investigation or other proceeding is instituted by DelDOT on its own initiative.

6-9 Attorneys

Any party may appear and be heard in person or by an Attorney-At-Law in good standing, and a corporation or association may be represented by a bona fide officer thereof.

6-10 Conduct

Any participant or person present at a hearing who becomes disruptive may, at the discretion of the hearing officer, be barred or removed from such hearing.

6-11 Applications: General Requirements

Each application shall follow substantially the applicable form, and shall conform to the following general requirements.

  1. Each application shall state in concise and summary form the material facts on which the applicant relies; the rights, authorization, or approval desired; all existing rights, authorizations or approvals of the applicant affected by the application, and the statutory provision under which the application is filed, and shall be divided into numbered paragraphs. Reference shall be made by DelDOT, or previous Public Service Commission, docket number to existing rights, authorizations or approvals of the applicant affected by the application. The names and addresses of applicant and counsel must be stated in full without abbreviation.
  2. Each application shall be personally subscribed by each party if the party is a corporation or association. Each application shall be personally verified by a party thereto or by an authorized officer of such party if a corporation or association.
  3. Copies of all pertinent contracts, agreements, certificates, permits, charters, by-laws, ordinances, resolutions or other writings referred to in the application shall be attached as exhibits thereto. Copies of writings or orders already of record with DelDOT need not be attached to the application if reference by docket number is made to the proceeding in which they are filed.
  4. An original of each application, including exhibits attached thereto, shall be filed.
  5. Notice of each application shall be forwarded by the applicant to all known competitors in the same classification of the carrier affected by the petition prior to filing the application with DelDOT. Notice of applications to amend a Certificate will be published by DelDOT with a 10 day comment period.

6-12 Complaints

Complaints may be either formal or informal.

  1. Informal complaints may be made by letter or other writing, and will be filed as received. Matters thus informally presented will, if their nature so warrants, be taken up by correspondence or conference with the party or parties complained of in an endeavor to bring about satisfaction of the complaint without formal hearing.

    No form of informal complaint is prescribed, but in substance it should contain the name and address of the complainant, the name and address of the party against whom the complaint is made, a clear and concise statement of the facts forming the basis of such complaint, and a request for affirmative relief. It should be accompanied by sufficient copies to enable DelDOT to transmit one to each party named and retain one for its own use, and it may be accompanied by supporting papers.

    In the event of failure to bring about satisfaction of the complaint because of the inability of the parties to agree as to the facts involved, or from other causes, the proceeding is held to be without prejudice to complainant's right to file and prosecute a formal complaint, whereupon the informal proceeding will be discontinued.

  2. Only formal complaints filed and prosecuted in the manner herein after prescribed will entitle any person to initiate formal proceedings, and only formal complaints will be admitted in the record of formal proceedings.

    Formal complaints shall be verified in writing, divided into numbered paragraphs, and shall set forth the full name and address of the complainant; the full name and address of the complainant's attorney, if any; the full name and address of the defendant complained against, and the nature and character of its business; the interest of the complainant in the subject matter; a clear and concise statement of the facts constituting the grounds of the complaint, the specific provisions of any statutes, rules, regulations and orders relied upon, the specific injury complained of, and the specific relief sought.

    Two or more grounds of complaint involving the same purposes, subject, or state of facts may be included in one complaint, but must be separately stated and numbered; and two or more complainants may join in one complaint if their respective causes of complaint are against the same defendant or defendants and involve substantially the same violation and subject and are predicated upon a like state of facts.

    Each formal complaint must be signed in ink and verified by each complainant or by a bona fide officer of the complainant if it is a corporation or an association.

    Each formal complaint must be accompanied by copies in sufficient number to enable DelDOT to serve one copy on each defendant and retain three copies for its own use.

    When a formal complaint, together with the requisite number of copies shall have been filed, DelDOT will cause a copy of such complaint to be served upon each defendant together with a copy of an order requiring the defendant or defendants to satisfy or answer the same in writing within a specified time. Such service shall be by certified mail unless otherwise ordered.

  3. In case of an investigation on the motion of DelDOT, notice of the investigation will take the place of a formal complaint in such proceeding, and shall be served in a like manner as a formal complaint unless otherwise ordered.
  4. Failure to comply with the requirements for complaint will not be defective if DelDOT determines that there was fair notice of the allegations contained in the complaint.

6-13 Answer and Service

Within thirty days from the date of service of the complaint and order above provided for, the defendant or defendants complained against shall file typewritten answer or answers duly verified. The period so fixed may be shortened or extended by DelDOT when it deems the same advisable.

The original answer must be filed with the Director or his/her designee and at the same time, a copy of said answer shall be served, by the defendant making such answer, personally or by certified mail, upon each complainant or his attorney. The defendant shall certify to the Director that said service has been made.

All answers should be so drawn as to fully and completely advise the parties and DelDOT of the nature of the defense, and should admit or deny specifically and in detail each material allegation of the pleading answered.

If a defendant satisfies a formal complaint, either before or after answering, a statement to that effect signed by the defendant must be filed and a copy of such statement be furnished to the complainant simultaneously therewith by certified mail. If DelDOT does not receive a notification from the complainant that he remains unsatisfied within thirty days, the proceeding will be discontinued.

6-14 Petitions for Relief

Petitions for relief shall be under oath and state clearly and concisely the interest of the petitioner in the subject matter of the petition and the relief sought, and shall cite by appropriate references the statutory or other authority relied upon for relief and shall conform as nearly as possible to the general requirements for applications.

6-15 Petitions for Leave to Intervene

Any person claiming an interest which may be directly affected and which is not adequately represented by existing parties in the proceeding, or any other persons whose participation in a pending proceeding may be in the public interest, may file a petition for leave to intervene in any proceeding pending before DelDOT 5 days prior to the commencement of the initial hearing or presentation of testimony, but not thereafter, except for good cause shown. Petitions to intervene shall set forth the specific ground for the proposed intervention, the position and interest of the petitioner in the proceeding, and a statement wherein said interest is, or may be, inadequately represented in such proceeding, and must conform to the requirements of a formal complaint, and must be subscribed and verified in the same manner as formal complaint.

If leave is granted, the petitioner thereby becomes an intervener and a party to the proceeding.

Intervention shall be subject to such reasonable terms and conditions as DelDOT may prescribe.

When a petition for leave to intervene is filed, the petitioner must furnish copies, therewith, a sufficient number of copies for service upon all parties to the proceeding and three additional copies for the use of DelDOT.

6-16 Amendments

  1. Technical forms and allegations in pleadings are not required to be observed in complaints, answers, or other papers filed; and amendments or supplemental statements may be made and filed at the discretion of DelDOT.
  2. A clear and better statement of any cause or ground of complaint or defense, or further and better particulars of any matter stated in any pleading may, in any case, be ordered at the discretion of DelDOT.

6-17 Hearings

  1. Hearings will be held by DelDOT, upon due notice of ten days, or as ordered by DelDOT, and pursuant to adjournments thereof.
  2. All persons entering an appearance at any hearing shall state for the record, before any testimony shall be received, their names, and for whom they appear.
  3. In hearings upon applications, complaints, or petitions, the applicant, complainant or petitioner, as the case may be, shall open and close. In hearings on investigations involving suspended rates, the respondent or applicant will open and close. In proceedings where evidence is peculiarly within the knowledge or control of another party, the foregoing order of presentation may be modified by DelDOT.
  4. Witnesses may be examined orally at any hearing before DelDOT or one or more members thereof, and when so examined, the testimony will be reduced to writing and filed as a part of the record of the case.
  5. DelDOT will require an original and one copy of the transcript of testimony, the cost of which will be borne by the applicant or party or participants that requested the hearing. Parties or participants requiring copies of such transcript may obtain the same from the official reporter upon payment of the fees or costs fixed thereon.
  6. All maps, prints, writings, statements, or documents exhibited with and made part of any pleading or filed as part of the testimony of any witness must be accompanied by a sufficient number of copies to provide a copy for each party of the proceeding and three copies for the use of DelDOT.
  7. DelDOT shall keep and be responsible for the original, or one counterpart, of all maps, prints, writings, statements or documents made a part of the record as aforesaid.
  8. At any stage of the hearing or after the close of testimony, DelDOT may call for such further evidence upon any issue and require such evidence to be presented by the party or parties concerned, either at that hearing or after adjournment thereof.
  9. The hearing officer, at the close of the hearing, will set the time limits for:
    1. The hearing officer's written opinion,
    2. Submission of written exceptions by the parties involved; and
    3. When the order becomes final and served on the parties involved.

6-18 Continuances

After the date for hearing has been set, continuances will not be granted by DelDOT except for good and sufficient cause.

Application for a continuance may be made by request in writing filed with the Director and served on opposing counsel or parties, presented as far in advance of the time fixed for hearing as possible under the circumstances; or application for a continuance may be made orally to DelDOT at the time and place the hearing sought to be continued is set for hearing, when the circumstances are such that the application could not be sooner made.

6-19 Stipulation of Facts

The parties to any proceeding or investigation may, by stipulation in writing filed with the Director, agree upon the facts, or any portion thereof, or the authenticity of any relevant documents involved in the controversy, which stipulation may be received in evidence at the hearing, and when so received shall be binding on the parties with respect to the matters therein stipulated.

6-20 Witnesses

  1. Witnesses shall be examined orally and, upon motion for good cause shown, DelDOT may permit their testimony to be taken by deposition.
  2. Subpoenas requiring the attendance of witnesses, from any place in the State of Delaware, at any designated place of hearing before DelDOT for the purpose of taking the testimony of such witness, may be issued upon the application of either party by DelDOT attested by the Director.
  3. Subpoena for the production of books, papers, or documents may also be issued upon application in writing or by DelDOT upon its own motion.

    Such application must be set forth in a general way, the books, papers, or documents desired to be produced and that the applicant believes the same will be relevant and material in the determination of the merits of the case.

  4. All subpoenas for parties or witnesses may be served as DelDOT determines, by an employee of DelDOT or by certified mail.

6-21 Briefs

Briefs must be printed or typewritten and may not be filed by or on behalf of any parties in interest except upon motion granted by DelDOT for good cause shown.

The applicant, complainant, petitioner, respondent or intervener, as the case may be, shall have thirty days after the receipt of a transcript of the evidence within which to file his brief with DelDOT and to serve a copy thereof on each of the other parties to the case.

The defendant, or defending or intervener shall have thirty days after receiving said brief with DelDOT and serve a copy thereof on each of the other parties to the case.

The complainant, applicant, respondent, or intervener shall file and serve his reply brief within ten days thereafter.

The time limits as set forth in this section may be shortened or extended by order of DelDOT upon its own motion or by any of the parties involved.

A sufficient number of copies of all briefs must be prepared to provide for service as aforesaid upon the adverse parties and to provide at least three copies for the use of DelDOT.

6-22 Rehearing or Reargument

  1. Applications for (1) further hearing in a proceeding after the closing of testimony and before final submission on oral argument or brief, or for (2) reopening a proceeding after final submission and before decision, or for (3) rehearing or reargument after decision, must be made by petition, duly verified, within five days after the date of such closing of testimony, final submission or decision, as the case may be. If the application be for rehearing or reargument after decision, the matters claimed to have been erroneously decided must be specified and the alleged errors stated. If thereby any order of DelDOT is sought to be vacated, repealed or modified by reason of consequences which would result from compliance therewith, or by reason of facts not in possession of the petitioner at the time of the hearing, the matter so relied upon must be fully set forth in the petition, to be submitted to DelDOT within five days after closing of the hearing and copies served by the petitioner upon each adverse party or his attorney, who appeared at the hearing or oral argument, if any, or on brief.
  2. If the application be for further hearing before final submission, or for reopening the proceeding to take further evidence after submission and before decision, the nature and purpose of the evidence to be adduced must be briefly stated,and it must appear not to be merely cumulative.
  3. Application for modification of orders which seek only change in the date when they shall take effect, or in the period of notice thereby prescribed, must be made by petitioner reasonably filed and serviced in like manner as other applications under this rule, except that, in case of unforeseen emergency satisfactorily shown by the applicant, such relief may be sought informally by letter, telegram or otherwise upon notice thereof to all parties or attorneys who appeared as aforesaid.
  4. Each petition filed under this rule shall be accompanied by two additional copies thereof for the use of DelDOT and by certificate showing service upon the parties or their attorneys who appeared as aforesaid. Within five days after such service, any adverse party may file and serve in like manner a reply to the petition, the reply so filed to be accompanied by like number of copies for the use of DelDOT.
  5. Upon the filing of said reply or upon default thereof within said period, DelDOT will make such order with respect to the hearing of said petition, or the granting of the prayer thereof, as it shall deem just and right.

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CHAPTER 7 - SPECIFICATIONS FOR BUSES

Upon application by letter of any public carrier operating in this State, DelDOT may waive the requirements (other than those specified in the Delaware Code) of this Chapter. DelDOT recognizes that improved vehicle designs may demand a further evaluation on a case by case basis.

7-1 Specifications for Buses

  1. DelDOT hereby adopts as part of these Rules and Practices Part 393, Parts and Accessories Necessary for Safe Operations, Subchapter B, Chapter 1, Title 29, Transportation, of the United States Code. Part 393 is published in a booklet entitled Motor Carrier Safety Regulations published by the Bureau of Motor Carrier Safety, Federal Highway Administration, U. S. Department of Transportation. This booklet is available from the Government Printing Office, Washington, D.C.
  2. All buses regulated by DelDOT whether used in interstate or intrastate operations, must conform to the regulations stipulated in Part 393 of USC Title 49, and as specified in Del. Code, Title 21, §4502.

7-2 Additional Specifications for Buses

A. Identification

  1. No bus shall be operated unless it displays on each side of its exterior in clearly visible letters at least 1-5/8" 4.1cm in height the exact name of the owner.
  2. The name of lessee, if any, shall be displayed in like manner, preceded by the words, "operated by".
  3. Every bus shall be assigned an identifying number by the carrier. This number must be displayed on the interior front and the front and rear of the exterior. Interior numbers shall be at least 1-3/8"/3.5cm in height. All exterior numbers shall be at least 3-5/8"9.2cm in height and of a sharply contrasting color from the background.
  4. Each bus shall have displayed on the right hand side thereof the number assigned by DelDOT in letters and figures 2"/5.1cm high in the following style:

DELDOT - 5000

  1. All exterior lettering identifying buses as school buses shall be covered when using the bus in charter service.

B. Inspection and Certificate of Inspection

  1. All buses for which Certificates have been issued by DelDOT shall be inspected at least twice annually. Nothing herein contained shall limit DelDOT to require more frequent inspection of such buses when, in its opinion, it is in the public interest. Buses not domiciled in Delaware or who are self-inspecting must be inspected at a motor vehicle inspection lane semi-annually.
  2. No bus shall be operated unless it prominently displays on the right hand windshield, visible from the exterior, an unexpired Certificate of Inspection issued by DelDOT or it's agent. Buses meeting the inspection requirements of states having reciprocity agreements with DelDOT shall be deemed to have met the requirements of DelDOT.

C. Maintenance

  1. The body, chassis, engine and all equipment shall be maintained in proper adjustment and safe operating condition.
  2. A current 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.
  3. Each carrier shall make a complete inspection of each motor vehicle at regular time or mileage intervals, i.e. weekly/every 1000 miles, 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 at the office, garage or repair shop where such inspection is made for at least three years.
  4. 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.
  5. The passenger section shall be kept clean and sanitary.

7-3 Simulating Color or Design Public carriers are prohibited from marking, painting or designing their vehicles so as to simulate vehicles of special design or markings operated by other carriers within the same local area. Such simulation of design or any other act intended to invite patronage by deception will be considered as sufficient ground for revocation of Certificates. This regulation shall not apply to school buses.

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CHAPTER 8 - SPECIFICATIONS FOR RAILROADS

8-1 Specifications for Railroads

  1. DelDOT hereby adopts as part of these Rules and Practices the following most recent parts of Title 49, Transportation Code of Federal Regulations; Parts 200 through 266.

8-2 Track Railway Engineering - Minimum Standards

DelDOT hereby adopts as part of these Rules and Practices, the most recent edition of the American Railway Engineering Association (AREA) Manual for Railway Engineering, Volume I and II, and the Portfolio Track Work Plan in their entirely.   

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CHAPTER 9 - SPECIFICATIONS FOR LIMOUSINES

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

9.1 Safety Regulations

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.

9.2 Operational Regulations

A. Log Sheets

  1. Drivers of limousines shall keep a daily log of all trips on a printed form to be supplied by the owner. Such log sheets shall be retained by the owner for at least three years.

    These daily forms shall show, for each trip, the origin, destination, time leaving origin, time arriving at destination, number of passengers, amount of fare, and vehicle identification number.

B. Inspection and Certification of Inspection

  1. All limousines for which Certificates have been issued by DelDOT shall be inspected semi-annually by DelDOT or its agents. Nothing herein shall limit DelDOT 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 motor vehicle inspection lane annually.
  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 DelDOT or its agent.

C. Maintenance

  1. The body, chassis, engine and all equipment shall be maintained in proper adjustment and safe operating condition.
  2. 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.
  3. 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.
  4. 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.
  5. The passenger section shall be kept clean and sanitary.

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CHAPTER 10 - SPECIFICATIONS FOR TAXICABS

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

10-1 Safety Regulations

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

10-2 Taximeters

  1. For any taxicab operated within this State equipped with a taximeter, a calibrated sealed unit which internally and automatically calculates a predetermined fare based on cents per mile, the taximeter shall be installed in the front of the taxicab so that, at all times, it shall be plainly visible to and the fare readily ascertainable by all occupants of the taxicab. The face of the taximeter shall be illuminated at all times.
  2. No taximeter affixed to a taxicab shall be operated from any drive other than the transmission of such taxicab. Any taximeter operated by any other means must be approved by DelDOT before installation.
  3. The taximeter and taximeter driving equipment shall be so sealed that the taximeter case, taximeter driving equipment, additional gear boxes, if any, cannot be disconnected without breaking a seal.
  4. The responsibility for sealing the taximeter and appurtenant equipment, and for maintaining such seals intact while the taxicab is in operation lies with the public carrier to whom the Certificate of Public Convenience has been issued.
  5. It shall be the responsibility of any public carrier operating a taxicab or taxicabs under a Certificate of Public Convenience to cause the taximeters to be so regulated that the fare shall be calculated and registered in accordance with the current tariff rates on file with and approved by DelDOT.
  6. The taximeter shall be in operation during the entire time the taxicab is engaged by a passenger. The passenger shall be required to pay only the amount recorded on the meter at the point of destination.
  7. Subsection F of this section shall not apply if the filed tariff provides for a flat rate in lieu of a metered charge for transportation beyond a certain mileage point.

10.3 Operational Regulations

A. Fare Receipt

The driver of any taxicab shall, if requested, deliver to the person paying for hire of said vehicle, at the time of payment, a correct receipt of such payment. The receipt shall be legible and shall show the name of the company or owner, the vehicle number, the name of the driver, all items for which a charge is made, the total amount paid and the date of payment.

B. Baggage and Expressage

No charge shall be made by any taxicab owner or driver for two (2) standard size suitcases and one (1) handbag by any fare-paying passenger. Nothing in this section shall be interpreted as permitting the hiring of such vehicle for expressage purposes only.

C. Group Riding

The operator of a taxicab shall accept other parties for transportation in the same taxicab to destinations in the same general direction as that for which it is engaged by the first party only with the consent of that party.

D. Direct Route

All trips by taxicabs shall be made by the most direct route from point of pickup to point of destination.

E. Taxicab Stands

A taxicab operator may not park in a public taxicab stand unless the cab is available for hire and its operator is awake and within plain view of the vehicle. An operator must not occupy any taxicab in a public taxicab stand other than that of which the individual is the operator.

F. Log Sheets

Drivers of taxicabs shall keep a daily log of all trips on a printed form to be supplied by the owner. Such log sheets shall be retained by the owner for at least one year. These daily logs shall show, for each trip, the origin, destination, departure time, arrival time, number of passengers, amount of fare and vehicle identification number.

G. Identification of Taxicabs

  1. Each vehicle shall have a State of Delaware taxi medallion issued by DelDOT securely affixed on the right side of the taxicab hood. The medallions shall be numbered to identify each individual vehicle.
  2. Each vehicle shall be clearly marked "TAXI" by letters having a height of at least four inches 4"/10.2cm. and a width of at least one inch 1"/2.5cm. on front and rear. In addition, each side shall be so marked or identified by the operator's name, emblem or trademark, if any, city or town and telephone number.
  3. The name of the lessee, if any, shall be displayed in like manner, preceded by the words, "operated by".
  4. Every taxicab shall be assigned an identifying number by the operator. The number shall be clearly marked by numerals at least four inches 4"/10.2cm. high on the rear and on each side.
  5. Each taxicab shall have displayed on the front or rear doors of both sides thereof, the number assigned by DelDOT in letters and figures two inches 2"/5.1cm. in the following style:

DELDOT 5000

  1. An exterior illuminated top light permanently affixed shall be installed on the forward third of the car roof. This top light may or may not be lettered, but should be controlled by the taximeter or a switch so that it will indicate "occupied" or "vacant".  
  2. All letters, numerals, and markings shall be painted or permanently affixed and of colors contrasting with the background vehicle color.
  3. Other markings and advertising are permitted to be affixed if they do not obscure the minimum standard markings.

H. Inspection and Certificate of Inspection

  1. All taxicabs for which Certificates have been issued by DelDOT shall be inspected semi-annually. Nothing herein shall limit DelDOT to require more frequent inspection of such vehicles when, in its opinion, the safety of the public so requires.
  2. No taxicab 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 DelDOT or its agent.

I. Maintenance

  1. The body, chassis, engine and all equipment shall be maintained in proper adjustment and safe operating condition.
  2. 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.
  3. Each certificate holder 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.
  4. All records will be available to DelDOT for inspection at the discretion of DelDOT.
  5. The maintenance facilities, or an arrangement for the use of such facilities, of each Certificate holder shall be adequate and shall include either a suitable pit, ramp, lift or hoist.
  6. The passenger section shall be kept clean and sanitary.

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