2006 Delaware Code - Subchapter I — General Provisions
§ 2701. Driving without a license; penalties.
(a) No person shall drive a motor vehicle on a public street or highway of this State without first having been licensed under this chapter, unless expressly exempt from the licensing requirements.
(1) Those students enrolled in an approved Delaware Department of Education driver education course can drive without a learner's permit when under the supervision of a certified driver education teacher.
(2) Failure to adhere to the Level 1 Learner's Permit restrictions under § 2710(c) of this title or temporary instruction permit restrictions under § 2712(a) of this title constitutes a violation of this section. Those motor vehicle operators holding a Level 1 Learner's Permit or temporary instruction permit who violate this section will be suspended for 2 months for the first offense and 4 months for any subsequent offenses.
(b) No person shall drive a motor vehicle on a public street or highway of this State after serving a period of suspension, revocation or license denial, without first having obtained a valid license through proper reinstatement procedures as prescribed by this title.
(c) No person shall drive on a public street or highway of this State a motor vehicle of a class or type for which the person has not been duly licensed.
(d) No person whose license has expired shall drive a motor vehicle on a public street or highway of this State.
(e) Whoever violates subsection (a) or (b) of this section shall for the first offense be fined not less than $50 nor more than $200. For each subsequent like offense, the person shall be fined not less than $100 nor more than $500 or imprisoned for a term not to exceed 6 months, or both.
(f) Whoever violates subsection (c) or (d) of this section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, the person shall be fined not less than $50 nor more than $100. (36 Del. Laws, c. 10, § 51; Code 1935, § 5589; 21 Del. C. 1953, § 2701; 55 Del. Laws, c. 313, § 1; 58 Del. Laws, c. 239, § 51; 61 Del. Laws, c. 343, § 1; 65 Del. Laws, c. 503, § 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282, § 7.)
§ 2702. Driver's license classification.
(a) The Division upon issuing a driver's license shall indicate thereon, in a manner prescribed by the Division, the type or general class of vehicles the licensee may drive.
(b) The Division shall establish such qualifications as it believes reasonably necessary for the safe operation of the various types, sizes or combinations of vehicles and shall appropriately examine each applicant according to the type or general class of license applied for.
(c)(1) When the licensee desires to change the type or class of license which the licensee has been issued and such change requires another examination to be administered, a fee of $10 shall be assessed for such change.
(2) When the licensee desires to add an endorsement or endorsements to the licensee's license, and the endorsement requires additional testing, a fee of $5 shall be assessed.
(3) These fees shall not be imposed on motorcycle applicants for whom fees are required under § 2703 of this title.
(d) Vehicles driven by minor permit holders. --
(1) A "Driver Education Learner' Permit" authorizes the holder to operate those vehicles that a holder of a Class D operator's license can operate.
(2) A "Level 1 Learner's Permit" authorizes the holder to operate those vehicles referenced under subsection (d)(1) of this section.
(e) Classifications, endorsements and restrictions. --
(1) Class D operator's license. -- Authorizes the license holder to operate any single vehicle with a GVWR of less than 26,001 pounds or any such vehicle towing a vehicle with a GVWR not in excess of 10,000 pounds. The vehicle must be designed to transport 15 or fewer passengers, including the driver, and they shall not transport hazardous materials which require the vehicle to be placarded under federal law.
(2) Temporary license. -- A temporary license may be issued to the holder of a valid Class D operator's license or commercial driver's license to extend the expiration date, to replace a lost license or in lieu of the Class D or CDL licensing document. A temporary license or temporary instruction permit may be issued to an unlicensed driver for specialized training.
(3) Temporary instruction permit. -- Authorizes the holder to operate those vehicles defined under subsection (e)(1) of this section.
(4) Commercial driver's license. -- CDL Class A, CDL Class B and CDL Class C licenses are defined in § 2611(b) of this title.
(5) Conditional license. -- Limited driving privileges granted under §§ 2607(b), 4177C, 4177E, 4177K(d), or § 4177K(e) of this title; § 4764 of Title 16; and § 1012 of Title 10.
(6) Occupational license. -- Limited driving privileges granted under § 2733(g) of this title, § 2118(r) of this title and § 2607(b) of this title.
(7) Hardship license. -- Limited driving privileges granted under § 2751(s).
(8) Endorsement and restriction codes. -- The Division is authorized to establish endorsement and restriction codes based upon this title.
(9) Non-CDL Class A or non-CDL Class B license. -- Authorizes the holder to operate farm vehicles and fire fighting equipment under the commercial driver license waivers defined in § 2621 of this title.
(10) IID license. -- Authorizes the holder to operate a vehicle with full Class D operators driving privileges only when the vehicle is equipped with an ignition interlock device. (36 Del. Laws, c. 10, § 62; Code 1935, § 5600; 21 Del. C. 1953, § 2702; 58 Del. Laws, c. 485; 60 Del. Laws, c. 339, § 1; 67 Del. Laws, c. 157, § 2; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282, § 6; 71 Del. Laws, c. 375, § 1; 72 Del. Laws, c. 92, § 3; 73 Del. Laws, c. 414, § 1; 74 Del. Laws, c. 135, § 3; 74 Del. Laws, c. 273, § 1.)
§ 2703. License to operate a motorcycle, motorbike, etc.
(a) No person shall operate a motorcycle, motorbike or other 2-wheeled, motor-driven vehicle upon a highway of this State without having been properly licensed and having passed, to the satisfaction of the Department, an examination testing the person's ability to operate such vehicle safely. The Department shall issue a separate license for the operation of such vehicle or shall note on the license authorization to operate the same. Those persons who possess a valid class D operators license or CDL license may operate a 3-wheeled motor vehicle without special endorsements or examinations under § 2713 of this title. A temporary motorcycle instruction permit can be issued to a person age 18 or older after passing a written motorcycle examination. This permit expires in 60 days. If for any reason whatsoever the applicant fails to pass the required road skills examination during the 60-day period granted by the permit, the permit shall be void, and the fee paid therefor shall be forfeited unless the applicant requests an extension thereof and pays the sum of $2.00. Upon payment of said sum the Division shall immediately issue 1 extension only of the permit for an additional 60 days. If the applicant fails to pass the required examination within the additional 60- day period, the permit shall become void. The following provisions shall apply to a person while operating a motorcycle with a temporary instruction permit for the operation of a motorcycle:
(1) No passengers shall be allowed on the motorcycle;
(2) Operating a motorcycle between sunset and sunrise is prohibited;
(3) A safety helmet and eye protection as approved by the Office of Highway Safety must be worn; and,
(4) Operation is not permitted on the federal interstate highway system.
(b) The initial fee for the authorization or endorsement as specified in subsection (a) of this section shall be $8. For each subsequent renewal of an authorization or endorsement the fee shall be $8.
(c) Of each of the initial fees for authorization or endorsement collected pursuant to subsection (b) of this section the sum of $5 is appropriated to the Department of Transportation and shall be placed in a special account to be used only for expenses incurred in the administration of the motorcycle rider education program. For each fee collected for subsequent renewals pursuant to subsection (b) of this section, the total of such renewal fee shall also be appropriated to the Department of Transportation to be placed in said special account.
(d) The authorization or endorsement specified in subsection (a) of this section shall not be issued by the Division to any person under the age of 18 years unless the application therefor is signed both by the applicant and by the parent, guardian, court ordered custodian or employer of the applicant with whom the applicant resides in this State.
(1) If the applicant has no parent, guardian, court ordered custodian or employer residing in the State, by some other responsible adult person over the age of 21 who is acceptable to the Secretary of Transportation who resides with the applicant.
(2) The following sponsors are listed in order of priority:
a. Father or mother of the minor, if both parents are living together within this State and the minor resides with both parents;
b. Father of the minor, if the father is living within this State, and the minor resides with the father only; mother of the minor, if the mother is living within this State, and the minor resides with the mother only; or the father or mother, if the father or mother live within this State, and the minor resides with neither parent, and the minor has no legal guardian within this State;
c. Guardian or court ordered custodian of the minor, duly appointed as such under the laws of this State; or
d. Employer of the minor, or any suitable person acceptable to the Secretary of Transportation.
(3) The Department shall not require as a prerequisite to the issuance of a license to a minor under this section, that the father, mother, guardian or court ordered custodian who signs the minor's driver license application be present at the time the application is made by the minor, or sign the application at the offices of the Division of Motor Vehicle. The signing of the application and acknowledgment thereof by the natural parent, guardian, or court ordered custodian before a notary public or other person authorized to administer oaths shall be deemed sufficient to satisfy the requirements of this section. Sponsors designated in subparagraph (2)d. of this subsection shall sign the minor's license application in the presence of a Division representative.
(4) The sponsor who signs the motorcycle endorsement application on behalf of a minor can withdraw their sponsorship at any time until the minor reaches 18 years of age, thereby canceling the minor's authority to drive a motorcycle. If the court terminates the custody order and the minor subsequently resides with a parent in this State, then the parent may cancel the driving privileges of the minor under this section. Once canceled, the applicant can reapply for a motorcycle endorsement when they meet the provisions of this section and pay the endorsement fee.
(5) It shall be unlawful for any person to sign the application of a minor under this section when such application misstates the age of the minor or misrepresents themselves or their relationship to the minor. Any person who violates this provision shall be guilty of a class B misdemeanor. Both the minor applicant and the sponsor's driver's license will be suspended for 2 months under § 2733(a)(5) of this title.
(e) The authorization or endorsement specified in subsection (a) of this section shall not be issued by the Department to any person under the age of 18 years unless such person:
(1) Complies with subsection (d) of this section; and
(2) Completes a motorcycle rider education program, such program having been approved by the State Department of Transportation pursuant to this chapter. (21 Del. C. 1953, § 2702A; 55 Del. Laws, c. 313, § 1; 59 Del. Laws, c. 373, §§ 1, 2; 62 Del. Laws, c. 237, §§ 2, 3; 65 Del. Laws, c. 27, § 2; 65 Del. Laws, c. 356, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282, §§ 3, 4; 72 Del. Laws, c. 46, § 1; 72 Del. Laws, c. 225, §§ 1, 2; 72 Del. Laws, c. 344, §§ 3, 4; 74 Del. Laws, c. 110, §§ 51-55.)
§ 2704. Licenses of new residents; penalty.
(a) Every person desiring to operate a motor vehicle shall, within 60 days after taking up residence in this State, apply to the Secretary and obtain the proper license.
(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, the violator shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both.
(c) The Division of Motor Vehicles shall provide notice of the obligation to register pursuant to § 4120 of Title 11 to each new resident applicant for a license to operate a motor vehicle. Every applicant for a driver's license shall sign an acknowledgment provided by the Division that the applicant has received notice that registration in compliance with § 4120 of Title 11 is mandatory for any person who has been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as 1 or more of the offenses referenced in § 4120(a) of Title 11, and that such registration must occur within 7 days of coming into any county, city or town in which the applicant temporarily resides or is domiciled for that length of time.
All such signed acknowledgments shall be kept as permanent records by the Division in a format approved by the Director of Historical and Cultural Affairs, which may include storage on microfiche or other non-paper forms of permanent retention. (Code 1935, § 5546A; 48 Del. Laws, c. 293, § 1; 21 Del. C. 1953, § 2703; 57 Del. Laws, c. 670, § 11A; 62 Del. Laws, c. 237, § 4; 64 Del. Laws, c. 466, § 6; 65 Del. Laws, c. 503, § 12; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 397, §§ 20, 21.)
§ 2705. Persons exempt from licensing requirements.
The licensing requirements of this title do not apply to:
(1) An individual while driving or operating a road roller, road machinery or any farm tractor or implement of husbandry temporarily drawn, moved or propelled on the highways;
(2) A member of the armed forces of the United States who is serving on active duty and any dependent of the member, if:
a. The driver possesses a license to drive issued to the driver by the driver's state of domicile; and
b. The license authorizes the driver to drive in the driver's state of domicile vehicles of the class that the driver is driving in this State; or
(3) For not more than 30 days after the driver returns to the United States, a member of the armed forces of the United States who is returning from active duty outside the United States and any dependent of the member who is returning from residence with the member outside the United States, if:
a. The driver possesses a license to drive issued to the driver by the armed forces of the United States in a place outside the United States; and
b. The license authorizes the driver to drive vehicles of the class that the driver is driving in this State. (36 Del. Laws, c. 10, § 52; Code 1935, § 5590; 21 Del. C. 1953, § 2704; 62 Del. Laws, c. 237, § 5; 64 Del. Laws, c. 468, § 1; 70 Del. Laws, c. 186, § 1.)
§ 2706. Nonresident operators.
(a) A nonresident over the age of 16 years who has been duly licensed under a law requiring the licensing of operators in the nonresident's home state or country and who has in the nonresident's immediate possession a valid operator's license issued to the nonresident in the nonresident's home state or country shall be permitted without examination or license under this chapter to drive a motor vehicle upon the highways of this State.
(b) No nonresident whose home state or country does not require the licensing of operators and who has not been licensed as an operator in the nonresident's home state or country shall operate any motor vehicle upon any highway in this State without first making application for and obtaining a license as an operator as required under this chapter, except that any unlicensed nonresident who is over the age of 16 years and who is the owner of a motor vehicle which has been duly registered for the current registration year in the state or country of which the owner is a resident may operate such motor vehicle upon the highways of this State for a period of not more than 30 days in any 1 year without making application for or obtaining an operator's license under this chapter upon condition that the motor vehicle shall at all times display the license number plate or plates issued therefor in the home state or country of the owner and that the nonresident owner has in the nonresident's immediate possession a registration card evidencing such ownership and registration in the nonresident's home state or country. (36 Del. Laws, c. 10, § 53; Code 1935, § 5591; 42 Del. Laws, c. 171, § 1; 21 Del. C. 1953, § 2705; 62 Del. Laws, c. 237, §§ 6-11; 70 Del. Laws, c. 186, § 1.)
§ 2707. License qualifications.
(a)(1) No Class D operator's license shall be issued to any person under the age of 16 years. A CDL Class A, CDL Class B or CDL Class C license shall not be issued to any person under 18 years of age nor to any person 18 years of age or older who has not had a least 1 year's experience as an operator of a motor vehicle.
(2) No endorsement for "L", "T", "P" or "N" shall be issued to any person under 18 years of age or to any person 18 years of age or older who has not had at least 1 year's experience as an operator of a motor vehicle. No endorsement of "H" or "X" shall be issued to any person under 21 years of age or to any person 21 years of age or older who has not had at least 1 year's experience as an operator of a motor vehicle.
(b) The Department shall not issue an operator's or chauffeur's license to any:
(1) Person whose license has been suspended, during the period for which license was suspended;
(2) Person whose license has been revoked under this chapter until the expiration of 1 year after such license was revoked;
(3) Person whom it has determined is an habitual drunkard or is addicted to the use of narcotic drugs;
(4) Person when in the opinion of the Department such person is afflicted with or suffering from such physical or mental disability or disease as will serve to prevent such person from exercising reasonable and ordinary control over a motor vehicle while operating the same upon the highways;
(5) Person who is unable to understand highway warning or direction signs in the English language;
(6) Person who is subject to loss of consciousness due to disease of the central nervous system, unless such person furnishes the Department with a certificate of the person's treating physician, duly licensed to practice medicine and surgery, which certificate states: "I ____ (name of treating physician) hereby certify that I am the treating physician for ____ (name of person), that I have been the treating physician for him/her for a period of at least 3 months, that I am aware of his/her medical history, including his/her history with respect to diseases of the central nervous system, and that such person's infirmity is under sufficient control to permit him/her to operate a motor vehicle with safety to person and property." Each person licensed to operate a motor vehicle on the basis of such certificate shall furnish the Department with a new certificate each year not later than the last day of the holder's birth month and not earlier than 45 days before said date. The certificate shall show that on the basis of an examination within said period a physician duly licensed to practice medicine and surgery has determined that the infirmity remains under sufficient control to permit the person to operate a motor vehicle with safety to person and property. Except as provided below, if such certificate is not received by the Department, the Department shall suspend said license and shall notify its holder.
The above provision of this paragraph notwithstanding, if the person's treating physician, duly licensed to practice medicine and surgery, furnishes the Department with a certificate which states: "I ____ (name of treating physician) hereby certify that I am the treating physician for ____ (name of person), that I have been the treating physician for him/her for a period of at least 3 months, that I am aware of his/her medical history, including his/her history with respect to any disease of the central nervous system, that such person's disease no longer requires treatment and that such person can reasonably be expected to suffer no further losses of consciousness on account of such disease."; the Department may find that the person need no longer submit annual certificates of competence to operate a motor vehicle and shall notify the person accordingly. The Department may at its discretion retain medical consultants to advise it. No physician who examines a person and provides a certificate in good faith in accordance with this paragraph shall be subject to any civil or criminal liability on account of having provided the certificate.
(7) Person who has not reached the person's 18th birthday unless such person has either:
a. Completed a course in driver education in a public or private high school in this State, such course having been approved by the State Board of Education and meeting the standards for such courses described by that Board; or
b. Been licensed to operate motor vehicles in another state and has completed a course of instruction in driver education and the safe operation of motor vehicles in a public or private high school outside this State.
(8) Person who has not reached the person's 18th birthday upon notification by the Family Court of the State pursuant to § 1009 of Title 10, for a time set by the Court in its discretion.
(9) Except as provided by § 1012 of Title 10, a person who has not reached the person's 21st birthday at the time of the offense, who has been convicted of or pleads guilty to, including a conviction or guilty plea pursuant to § 4764 of Title 16 and qualifying for first offender election under § 4177B of this title, any of the offenses listed hereinafter or who has been adjudicated delinquent as a result of acts which would constitute such offense if committed by an adult, for a period of 2 years from the date of sentencing, or until said person's 18th birthday, whichever is longer. The following shall constitute offenses under this paragraph:
a. Any drug offense under Title 16.
b. Any drug offense under Chapter 5 of Title 11.
c. Driving under the influence of alcohol or drugs as defined in § 4177 of this title.
d. Any offense punishable under the laws of the United States or any state of the United States substantially conforming to the provisions of the Delaware Code listed in subparagraph a., b. or c. of this subdivision.
Upon entry of conviction or adjudication of delinquency for any offense included in this subdivision, the Clerk of the Court or other person designated by the Court shall forthwith report such conviction or adjudication of delinquency to the Division of Motor Vehicles for action pursuant to the provisions of this subdivision.
(10) Person, other than those persons covered by paragraphs (8) and (9) of this subsection, who has been convicted of or pleads guilty to any of the offenses listed in subparagraphs a., b., c. or d. of paragraph (9) of this subsection, including a conviction or guilty plea pursuant to § 4764 of Title 16 and qualifying for first offender election under § 4177B of this title, or who has been adjudicated delinquent as a result of acts which would constitute such an offense if committed by an adult, for a period of 6 months after the individual otherwise would have been eligible to have a driver's license issued if the individual does not have a driver's license or reinstated if the driver's license of the person has been suspended at the time the person is so convicted.
(11) Person who is the subject of an outstanding capias or bench warrant issued by the Family Court for failure to appear at any paternity or child support proceeding, or with respect to whom the Department has received notification from the Family Court as provided in § 516(g) of Title 13, or notice from the Director of the Division of Child Support Enforcement as provided in § 2216 of Title 13 regarding the denial or suspension of a license because of such person's child support delinquency.
(12) Person who has been expelled from a public school, where the Department has been notified by the school of such expulsion, until the expelled person presents such proof to the Department as the Department may require that such person complies with one of the requirements set forth in § 4130(e)(2) of Title 14.
(13) Person deemed "not eligible" by a Family Court Judge or Commissioner pursuant to entry into the Family Court Adjudicated Juvenile Drug Court Program until a further order of the Court permitting licensing. (36 Del. Laws, c. 10, § 54; Code 1935, § 5592; 41 Del. Laws, c. 228, § 1; 43 Del. Laws, c. 246; 45 Del. Laws, c. 289; 21 Del. C. 1953, § 2706; 49 Del. Laws, c. 57, § 1; 55 Del. Laws, c. 361, §§ 1, 2; 56 Del. Laws, c. 390, § 1; 59 Del. Laws, c. 307, § 3; 59 Del. Laws, c. 327, § 1; 62 Del. Laws, c. 237, §§ 12-15; 64 Del. Laws, c. 183, § 1; 67 Del. Laws, c. 108, § 1; 67 Del. Laws, c. 157, § 3; 67 Del. Laws, c. 429, §§ 1, 2; 69 Del. Laws, c. 125, § 1; 70 Del. Laws, c. 18, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 452, § 3; 70 Del. Laws, c. 471, §§ 1, 2; 71 Del. Laws, c. 107, § 1; 71 Del. Laws, c. 216, § 82; 71 Del. Laws, c. 272, § 3; 72 Del. Laws, c. 57, § 1; 72 Del. Laws, c. 477, § 2; 73 Del. Laws, c. 34, § 3; 73 Del. Laws, c. 408, § 2; 74 Del. Laws, c. 135, § 4.)
§ 2708. School bus driver's qualifications.
(a) No person shall drive, nor shall any contractor or public, parochial or private school, permit any person to drive a school bus within the State unless such driver has qualified for a commercial driver's license (CDL) under Chapter 26 of this title, and a school bus endorsement under this chapter, and other pertinent rules and regulations of the Department. Furthermore, except when in possession of a CDL permit and undergoing training or evaluation and accompanied by a certified Delaware School Bus Driver Trainer, school bus drivers shall at all times, while operating or in control of a school bus have in their immediate possession the following:
(1) A properly endorsed and classified Delaware CDL license, with a P (passenger) and S (school bus) endorsement. In exceptional circumstances, the Department of Education may request that the Department issue a 45-day temporary S endorsement to allow a driver to drive upon completion of all requirements except the 12 hours of classroom training. Out-of-state school bus drivers shall comply with § 2709 of this title.
(2) A physical examination certification indicating a valid and approved Department of Education physical exam completed within the last year.
(b) To qualify for an S (school bus) endorsement an applicant must meet all the following requirements:
(1) Be at least 18 years of age with 1 year of driving experience.
(2) Have qualified for a CDL license with P (passenger) endorsement.
(3) Show completion of a course of training with specific course content as determined by the State Board of Education and including the knowledge specified in 49 C.F.R. § 383.123(a)(2). Such course shall contain as a minimum 12 hours of classroom training and 6 hours of training aboard a school bus with a certified Delaware School Bus Driver Trainer. Training on the school bus must include 4 hours of actual driving, 2 of which must be with students on the bus.
(4) Pass a road test in a school bus administered by the Department and until September 30, 2005 has otherwise met the conditions of 49 C.F.R. § 383.123(b).
(5) Not have more than 5 points on the applicant's driving record at the time of application.
(6) Not have had the applicant's license suspended, revoked or disqualified in this State or any other jurisdiction for moving violations in the last 5 years.
(7) Never have been convicted of any of the following crimes under the laws of this State or of any other jurisdiction:
a. Any crime constituting the manufacture, delivery or possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16;
b. Any crime against a child;
c. Any crime constituting a class A or B felony;
d. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter and vehicular homicide;
e. Any crime constituting a felony sexual offense;
f. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office; or
g. Any crime, other than those listed in this paragraph, constituting a felony for which the person has not been pardoned or for which less than 5 years have passed since the person fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension, and all forms of fines, restitution or community service.
(8) Submit to a drug test, to be administered pursuant to the rules and regulations of the Department of Education, the results of which must be negative for controlled substances as defined by 49 U.S.C. § 31306 and the implementing regulations issued by the Secretary of Transportation pursuant thereto unless the controlled substances have been ingested pursuant to a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice. Anyone testing positive to the drug test required in this paragraph shall have the right to request and pay for further analysis of their split sample, pursuant to the rules and regulations of the Department of Education, to determine whether the result was a false positive or the controlled substance was ingested pursuant to a valid prescription or order of a practitioner wile acting in the course of the practitioner's practice. Refusal to submit to testing, which shall include the provision of a substituted or adulterated test sample, shall be deemed to be a positive test result under this subsection.
(c) Any time a license with a school bus endorsement is suspended, revoked or disqualified for moving violations, or the driver exceeds 8 points for moving violations, the school bus endorsement shall become invalid, and the endorsement shall be removed from the license.
(d) Renewal of the school bus endorsement shall be as required for other licenses.
(e) The Department shall provide school bus driver records at no charge to the Department of Education or to companies contracted to the Department of Education for school bus services.
(f) The Department may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of issuing an S endorsement pursuant to this section. (36 Del. Laws, c. 10, § 55; Code 1935, § 5593; 21 Del. C. 1953, § 2707; 53 Del. Laws, c. 112; 56 Del. Laws, c. 400, § 1; 57 Del. Laws, c. 318; 57 Del. Laws, c. 670, § 11C; 58 Del. Laws, c. 160; 58 Del. Laws, c. 197; 58 Del. Laws, c. 511, § 43; 60 Del. Laws, c. 394, § 1; 62 Del. Laws, c. 237, §§ 16, 17; 65 Del. Laws, c. 464, §§ 1-3; 66 Del. Laws, c. 341, § 1; 67 Del. Laws, c. 75, § 1; 67 Del. Laws, c. 157, § 4; 67 Del. Laws, c. 378, §§ 1, 2; 68 Del. Laws, c. 192, § 1; 69 Del. Laws, c. 87, § 1; 69 Del. Laws, c. 236, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 65, §§ 21-23; 73 Del. Laws, c. 205, §§ 1-3; 73 Del. Laws, c. 252, § 9; 73 Del. Laws, c. 406, §§ 2, 3; 74 Del. Laws, c. 217, §§ 14, 15.)
§ 2709. Out-of-state school bus drivers; qualifications.
(a) Out-of-state school bus drivers shall meet the requirements of their home state for driving a school bus and supplemental Delaware Department of Education training as determined by the Department of Education.
(b) Out-of-state school bus drivers shall provide a Delaware Department of Education physical examination certification indicating a valid and approved Delaware Department of Education physical exam completed within the last year.
(c) Out-of-state school bus drivers shall upon first employment provide to their supervisor a current copy of their home state driving record. The driver's supervisors shall maintain on file a current copy of their state driving record. These records will be annually reviewed using the same qualification criteria as found in § 2708 of this title.
(1) An out-of-state school bus driver shall:
a. Upon first employment, and thereafter annually, provide to the bus driver's supervisor a current copy of the bus driver's home state driving record;
b. Inform the bus driver's supervisor any time the bus driver's license is suspended or revoked.
(2) The supervisor of an out-of-state school bus driver shall:
a. Maintain on file a current copy of the driver's driving records; and
b. Annually update and review the driver's driving records using the same qualification criteria as found in § 2708 of this title. (21 Del. C. 1953, § 2707A; 58 Del. Laws, c. 197; 62 Del. Laws, c. 237, § 18; 67 Del. Laws, c. 157, § 5; 69 Del. Laws, c. 75, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 65, §§ 24, 25; 73 Del. Laws, c. 205, §§ 4, 5.)
§ 2710. Issuance of a Level 1 Learner's Permit and Class D operator's license to persons under 18 years of age.
(a) The Division, upon receiving from any person over the age of 16 years, an application for a Level 1 Learner's Permit, together with the fee required by law, may, in its discretion, issue such a permit entitling the applicant, with such a permit in the applicant's immediate possession, to drive a motor vehicle upon the highways of this State provided they meet all requirements for the permit. Eye screening and medical examinations will be required in accordance with Division policies.
The Division may issue a distinctively designed Level 1 Learner's Permit document or issue the permit holder a Class D license encased in a packet which explains the driver's limited driving privileges. If the permit holder completes the 12-month driving experience and the sponsor does not withdraw their endorsement, the Division will notify the permit holder by mail that the permit holder is eligible for a Class D license. The time used to compute the 12 months of driving experience shall not include any period of time when the permit holder's driving privileges were suspended, revoked, canceled, denied or surrendered.
(b) Level 1 Learner's Permit. -- A person who is at least 16 years old but less than 18 years old may obtain a Level 1 Learners Permit if the person has:
(1) Successfully completed a course in driver education in a public or private high school in this State, which has been approved by the Department of Education and meets the standards for such courses described by that Department. If the applicant has completed a course of instruction in driver education in a public or private high school outside this State, the applicant must produce a certified copy of that applicant's high school transcript evidencing the completion of the driver education course;
(2) Passed a written test and road skills test administered by the Division or administered by a driver education teacher. Students who require specialized evaluation, training or equipment to operate a motor vehicle because of a physical or mental disability will be identified by the driver education teacher and tested by the Division;
(3) Been certified by the driver education teacher as qualified for licensing; and
(4) Submitted an application signed by a sponsor as required by subsection (e) of this section.
(c) Restrictions pertaining to the Level 1 Learner's Permit. -- A learner's permit authorizes the permit holder to drive the specified type or class of motor vehicles as those defined under § 2702(d)(1) of this title for 12 months only under the conditions listed below. If the learner's permit expires, the applicant will pay the appropriate fees and pass a written and road skills examination conducted by the Division.
(1) The Level 1 Learners Permit must be in possession of the permit holder.
(2) When the permit holder is under mandatory supervision, the permit holder must be supervised by a properly licensed parent, guardian or a licensed driver at least 25 years of age who has held a Class D license for at least 5 years. The supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion. No person other than the supervising driver can be in the front seat.
(3) For the first 6 months after issuance, the permit holder may only drive supervised. In order for the permit holder to be able to drive unsupervised as called for in paragraph (c)(4) of this section, a parent or guardian shall certify that the permit holder has completed 50 hours of driving time, which shall include 10 hours of nighttime driving. This certification form shall be developed by the Division of Motor Vehicles, Department of Education and Department of Highway Safety and shall be signed by the parent or guardian and submitted to a Department of Education approved program at the end of this 6 month period.
(4) After the first 6 months from issuance, the permit holder may drive unsupervised between the hours of 6:00 a.m. and 10:00 p.m. Such a permit holder may drive only with supervision from 10:00 p.m. to 6:00 a.m. with the exception of times when the permit holder is traveling to and from church activities, work activities and the permit holder's school. For purposes of this section, the term "school" shall not include school-related activities that do not take place on school property.
(5) No passengers other than the adult supervisor and 1 or fewer other passengers can be in the vehicle during the first 12 months. However, the passenger restrictions of this paragraph shall not apply to immediate members of the driver's family provided the adult supervisor is in the car. During the second 6 month period of unsupervised driving, when a supervisor is not present, only 1 other passenger in addition to the driver can be in the vehicle.
(6) The restrictions of paragraph (c)(4) of this section shall not apply to those individuals who are Delaware volunteer fire fighters and ambulance attendants as long as they have permission from their fire chief or ambulance captain in writing with the permit referenced in paragraph (c)(1) of this subsection and are returning home from their company stations or place of education or training relating to their respective duties for the sole purpose of either an emergency response, an official fire or ambulatory meeting, or education or training relating to said duties.
(7) The permit holder and all passengers, under the age of 18, in the vehicle must wear a seat belt or be secured in a child safety seat or booster seat as required by § 4802 or 4803 of this title when the vehicle is in motion.
(8) The permit holder shall not operate a motor vehicle while using a cellular telephone, text messager, or substantially similar electronic device. This paragraph shall not apply if the permit holder has stopped the vehicle at a location off of the lanes of travel. Any permit holder found to be in violation of this paragraph is deemed to be operating the vehicle in a negligent manner and is subject to the penalties set forth in subsection (j) of this section.
(d) Class D license qualifications. -- A person who is at least 17 years old but less than 18 years old may obtain a Class D operator's license if the person meets the following requirements:
(1) The person has held a Level 1 Learner's Permit issued by the Division for at least 12 months; and
(2) The person has an application signed by a sponsor as specified in subsection (e) of this section. The sponsor's signature on the Level 1 Learner's Permit application authorizes the minor to obtain the Class D operator's license when eligible unless the sponsor withdraws, in writing, their authorization for any such license or permit.
(e) The Division shall not grant the application of any minor between the ages of 16 years and 18 years for a operator's license or Level 1 Learner's Permit unless such application is signed both by the applicant and a sponsor who is the applicant's parent, guardian or court ordered custodian who resides in this State.
(1) Nevertheless, if the applicant has no parent, guardian, court ordered custodian or employer residing in the State to act as their sponsor, another responsible adult person acceptable to the Secretary of Transportation who resides with the applicant may sign the application.
(2) The following sponsors are listed in order of preference:
a. Father or mother of the minor if both parents are living together within this State and the minor resides with both parents.
b. Father of the minor, if the father is living within this State, and the minor resides with the father only; mother of the minor, if the mother is living within this State, and the minor resides with the mother only; or father or mother, if the father or mother live within this State, and the minor resides with neither parent, and the minor has no legal guardian within this State;
c. Guardian, or court ordered custodian of the minor, duly appointed, as such, under the laws of this State; or
d. Any suitable person acceptable to the Secretary of Transportation.
(3) The Department shall not require as a prerequisite to the issuance of a license to a minor under this section, that the father, mother, guardian, or court ordered custodian who signs the minor's driver license application be present at the time the application is made by minor or sign the application at the offices of the Division of Motor Vehicle. The signing of the application and acknowledgment thereof, by the parent, guardian, or court ordered custodian before a notary public or other person authorized to administer oaths shall be deemed sufficient to satisfy the requirements of this section. However, sponsors designated in paragraph (e)(2)d. of this section shall sign the minor's license application in the presence of a Division representative.
(4) The sponsor who signs the driver's license application on behalf of a minor has final authority to determine if the minor is capable of handling the responsibility of operating a motor vehicle and authority to designate who can supervise the minor driver per paragraph (c)(2) of this section. The sponsor who signed the application on behalf of the minor can withdraw their endorsement at any time until the minor reaches age 18, thereby canceling the minor's driving authority regardless of the type of permit or license held. If the court terminates the custody order and the minor subsequently resides with a parent in this State, then the parent may cancel the driving privileges of the minor under this section. To reinstate the canceled driving privileges, an approved sponsor must sign the application on behalf of the minor. When the minor turns 18, they can reinstate their previously held driving privileges without a sponsor's signature. The applicant can reinstate the driving privileges of a canceled license when they meet the license requirements and pay the appropriate license fee.
(5) It shall be unlawful for any person to sign the application of a minor under the provisions of this section when such application misstates the age of the minor or misrepresents the sponsor's relationship to the minor. Any person who violates this provision shall be guilty of a class B misdemeanor, and both the minor applicant and the sponsor's driving privileges shall be suspended for 2 months per § 2733(a)(5) of this title.
(f) Out-of-state driver license transfer. -- A person who is at least 16 years old but less than 18 years old, who was a resident of another state and has a driver's license issued by that state, and who becomes a resident of this State may obtain Delaware driving authority under the following conditions:
(1) If the applicant was issued the out-of-state driver's license for less than 12 months, they are eligible to apply for a Level 1 Learner's Permit when meeting the requirements under subsection (b) of this section and successfully completing a driver education training program approved by the Delaware Department of Education.
(2) If the applicant was issued the out-of-state driver's license for over 18 months, and has successfully completed a driver education training program approved by the Delaware Department of Education, that applicant is eligible to apply for a Class D operator's license after meeting the requirements of subsection (e) of this section. Additionally, such a minor applicant must pass a written and road skills examination conducted by the Division.
(3) If the applicant holds an out-of-state driver's license and that applicant is over 18 years old, that applicant can apply for a Delaware Class D operator's license under §§ 2712 and 2713 of this title.
(g) Duration and fees. -- A Level 1 Learner's Permit expires 12 months after the date of issuance. If the applicant's learner's permit expires, the permit shall be void. The permit can be reissued when the applicant meets the permit requirements. The applicant must pay the $12.50 Class D license fee at the time of initial application.
(h) It is unlawful for the holder of a Level 1 Learner's Permit to operate a motor vehicle in violation of the restrictions that apply to the Level 1 Learner's Permit. Failure to comply with these restrictions constitutes operating a motor vehicle without a license under § 2701(a) of this title.
(i) The Division shall not issue an operator's license or Level 1 Learner's Permit to a person who has not reached the person's 18th birthday at the time of the offense if the person has been adjudicated delinquent as a result of acts which would constitute such an offense if committed by an adult as set forth in § 2732(a) of this title.
(j) The Department may immediately suspend a minor's permit, license and/or driving privileges whenever the Department has reason to believe that such person is a reckless or negligent driver of a motor vehicle or has committed a serious moving traffic violation. The Secretary may promulgate policy regulations more stringent than those that apply to other drivers when suspending minors. The suspension period will be for l month for the first suspension and 3 months for subsequent suspensions under this subsection. No suspension under this section shall be used by a motor vehicle insurance company licensed to sell insurance in this State as a basis for canceling a policy of insurance or to raise the premium cost to the insured.
(k) Driver education learner's permit. -- The Division, upon receiving proper notice that a person is currently enrolled in a driver's education course and successfully completed the minimum class hours of actual driving experience and in-the-car observation as approved by the Department of Education, may issue a driver education learner's permit to such person after the person's 16th birthday, provided the person meets all other Division requirements. The Division may issue a driver education learner's permit to those minors who meet the requirements of this section and need supervised driving experience before completing the road skill test. The 5-year driver license fee shall be collected at the time of the application. The permit is valid for 4 months. If for any reason whatsoever the applicant fails to pass the required examinations during the 4-month period granted by the permit, the permit shall be void and the driver license fee shall be forfeited. The application must be signed by the sponsor pursuant to subsection (e) of this section.
(1) Any person issued a driver education learner's permit pursuant to this subsection is entitled to drive a motor vehicle described in § 2702(d)(1) of this title upon the highways only when supervised by a properly licensed parent or guardian. If the parent(s) or guardian(s) is (are) not licensed to operate a motor vehicle, the holder of the driver education learner's permit must be supervised by a licensed driver who is 25 years of age or older and have held a Class D drivers license for at least 5 years. The supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion. No person other than the supervising driver can be in the front seat.
(2) The driver education learner's permit must be in the possession of the permit holder.
(3) No passengers other than the adult supervisor and 1 or fewer other passengers can be in the vehicle. However, this passenger limit does not apply to members of the driver's immediate family.
(4) Driving experience obtained while holding this permit will be counted towards and in conjunction with the driving experience restrictions contained in subsection (c)(3) of this section.
(5) The permit holder shall not operate a motor vehicle while using a cellular telephone, text messager, or substantially similar electronic device. This paragraph shall not apply if the permit holder has stopped the vehicle at a location off of the lanes of travel. Any permit holder found to be in violation of this paragraph is deemed to be operating the vehicle in a negligent manner and is subject to the penalties set forth in subsection (j) of this section. (36 Del. Laws, c. 10, § 56; 37 Del. Laws, c. 10, § 17; Code 1935, § 5594; 41 Del. Laws, c. 228, § 2; 44 Del. Laws, c. 192; 45 Del. Laws, c. 285; 21 Del. C. 1953, § 2708; 50 Del. Laws, c. 262, § 1; 53 Del. Laws, c. 221, § 20; 56 Del. Laws, c. 390, § 2; 58 Del. Laws, c. 511, § 44; 59 Del. Laws, c. 327, § 2; 62 Del. Laws, c. 156, § 1; 62 Del. Laws, c. 237, § 19; 64 Del. Laws, c. 355, § 1; 65 Del. Laws, c. 77, §§ 1, 2; 67 Del. Laws, c. 25, §§ 1, 2; 69 Del. Laws, c. 327, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282, § 1; 72 Del. Laws, c. 344, §§ 1, 2; 72 Del. Laws, c. 477, §§ 1, 3, 4; 73 Del. Laws, c. 42, § 1; 74 Del. Laws, c. 110, §§ 56, 57; 74 Del. Laws, c. 324, § 1; 75 Del. Laws, c. 15, §§ 1, 2; 75 Del. Laws, c. 377, § 1-3.)
§ 2711. Application for license.
(a) Every application for an operator's license shall be made on an application form furnished by the Department. The original application shall be verified by the applicant before a person authorized to administer oaths.
(b) Every application shall state the name, social security number, if eligible, date of birth, sex and residence address of the applicant and whether or not the applicant has previously been licensed as an operator, and, if so, when and by what state and whether or not such license has ever been suspended or revoked and, if so, the date of and reason for such suspension or revocation.
(c) Regardless of the age of the applicant, the Division shall require a birth certificate, or certified copy thereof, or some other evidence satisfactory to the Division of the applicant's name and date of birth.
(d)(1) Any male applicant who applies for an instruction permit or driver's license or a renewal of any such permit or license and who is at least 18 years of age but less than 26 years of age shall be registered in compliance with the requirements of § 3 of the "Military Selective Service Act", 50 U.S.C. App. sec. 453, as amended.
(2) The Department shall forward in an electronic format the necessary personal information of the applicants identified in this subsection to the selective service system. The applicant's signature on the application shall serve as an indication that the applicant either has already registered with the selective service system or that he is authorizing the Department to forward to the selective service system the necessary information for such registration. The Department shall notify the applicant at the time of application that his signature constitutes consent to registration with the selective service system, if he is not already registered. (36 Del. Laws, c. 10, § 57; 37 Del. Laws, c. 10, § 15; Code 1935, § 5595; 48 Del. Laws, c. 238, § 1; 21 Del. C. 1953, § 2709; 62 Del. Laws, c. 237, § 20; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 216, § 57; 71 Del. Laws, c. 282, § 2; 72 Del. Laws, c. 335, § 1; 72 Del. Laws, c. 485, § 2.)
§ 2712. Application for temporary instruction permits and Class D operator's license for persons age 18 or older.
(a) A Class D temporary instruction permit may be issued to a person age 18 years or older. A temporary permit shall entitle the applicant to drive during a 60-day period only when the applicant is accompanied by a licensed operator over the age of 21 who is actually occupying a seat beside the driver and there are no more than 2 other persons in the vehicle.
(b) If for any reason the applicant fails to pass the required examination during the 60-day period granted by the permit, the permit shall be void, and the fee paid therefor shall be forfeited unless the applicant requests an extension thereof and pays the sum of $2 therefor. Upon payment of the said sum, the Division shall immediately issue only 1 extension of the permit for an additional 60 days. If the applicant fails to pass the required examination within the additional 60-day period, the permit shall become void.
(c) The applicant must successfully pass a written examination before being issued a temporary instruction permit, and pass a practical road skills examination before being issued a Class D operator's license. Eye screening and medical examinations will be administered in accordance with Division policies.
(d) It is unlawful for the holder of a Class D temporary instruction permit to operate a motor vehicle when the applicant is not accompanied by a licensed operator over the age of 21 years who is seated beside the driver or if there are more than 2 other persons in the vehicle. Failure to comply with subsection (a) of this section restrictions constitutes operating a motor vehicle without a license under § 2701(a) of this title. (36 Del. Laws, c. 10, § 58; Code 1935, § 5596; 45 Del. Laws, c. 283, § 1; 46 Del. Laws, c. 125; 21 Del. C. 1953, § 2710; 57 Del. Laws, c. 495, §§ 1, 2; 57 Del. Laws, c. 670, § 11B; 60 Del. Laws, c. 626, § 1; 64 Del. Laws, c. 23, §§ 1-3; 67 Del. Laws, c. 346, § 1; 67 Del. Laws, c. 429, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282, § 5.)
§ 2713. Examination of applicants; waiver of examination.
(a) The Department shall examine every applicant for an operator's license before issuing any such license, except as otherwise provided in subsections (b) and (c) of this section. The Department shall examine the applicant as to the applicant's physical and mental qualifications to operate a motor vehicle in such manner as not to jeopardize the safety of persons or property and as to whether any facts exist which would bar the issuance of a license under this chapter. Such examination shall not include investigation of any facts other than those directly pertaining to the ability of the applicant to operate a motor vehicle with safety, or other than those facts declared to be prerequisite to the issuance of a license under this chapter.
(b) The Department may in its discretion waive the examination of any person applying for the renewal of an operator's license issued under this chapter.
(c) The Department may in its discretion issue an operator's license under this chapter without examination to every person applying therefor who is of sufficient age, as required by § 2707 of this title, to receive the license applied for and who at the time of such application has a valid unrevoked license of like nature issued to such person under any previous law of this State providing for the licensing of operators or to any person who at the time of such application has a valid unrevoked license of like nature issued to such person in another state under a law requiring the licensing and examination of operators.
(d) Written and road skill examinations for students duly enrolled in a driver education course will be administered by driver education teachers certified by the Delaware Department of Education. Upon successful completion of the driver education course, the certified teacher must issue a "High School Driver Education Certificate" which will be accepted in lieu of the written and road skill examinations administered by the Division for a period of 6 months from the date of issue. No further testing by the Division is required unless the High School Driver Education Certificate has expired; in such event, full testing is required. Students identified as disabled will attend specialized training and be examined by the Division. All persons under age 18 who transfer their out-of-state license for a Delaware license must be given a written and road test by the Division. Any person who is suspended while operating a motor vehicle on a Level 1 Learner's Permit, Driver Education Learner's Permit or temporary instruction permit will be re-examined before reinstatement. Notwithstanding the preceding, the Division must administer written and road skills tests to applicants who are 18 years of age or older, except as otherwise provided in subsections (b) and (c) of this section. (36 Del. Laws, c. 10, § 59; Code 1935, § 5597; 21 Del. C. 1953, § 2711; 62 Del. Laws, c. 237, § 21; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282, § 10; 74 Del. Laws, c. 18, § 3.)
(a) As a prerequisite to the continuation of the operator's right to drive on the highways, the Department shall cause a special examination to be made of every person involved in a second accident resulting in personal injury, death or property damage to an apparent extent of $250 within any 24-month period, when such person has been adjudged responsible for causing such accidents by a court of competent jurisdiction, to determine whether such person suffers from a physical or mental impediment to the safe operation of a vehicle.
(b) The Department shall also cause to be examined any person whom the State Police Superintendent, State Police Troop Commanders or chief of police of any city, town or county in this State recommends for such examination.
(c) The Department may examine any person whose mental or physical conditions may interfere with safe operation of a motor vehicle when reported, in writing, to the Department by a physician, member of the immediate family, the court or other person acceptable to the Secretary of Transportation. This examination is to determine the person's physical and mental qualifications to operate a motor vehicle in such manner so as not to jeopardize the safety of person or property and whether any facts exist which would bar the continued issuance of a license under this chapter. Such examination shall not include investigation of any facts other than those directly pertaining to the ability of the applicant to operate a motor vehicle safely or other facts declared to be prerequisite to the continued issuance of a license under this chapter. Evaluation requested per subsections (b) and (c) of this section are confidential records used to determine a driver's ability to safely operate a motor vehicle and shall not be released except by court order. (36 Del. Laws, c. 10, § 59; 37 Del. Laws, c. 13; 40 Del. Laws, c. 38, § 2; Code 1935, § 5597; 21 Del. C. 1953, § 2712; 50 Del. Laws, c. 395, § 1; 67 Del. Laws, c. 94, § 1; 72 Del. Laws, c. 365, § 1; 74 Del. Laws, c. 110, § 58.)
§ 2715. Issuance of license every 5 years; fees; photograph.
(a) Upon receipt of the application and a fee of $12.50 and after such examination as provided in this chapter, the Secretary may issue, at the Secretary's discretion, a motor vehicle driver's license which shall expire and be renewable on the 5th anniversary date of the birth of the applicant next following the date of its issuance unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every 5th year.
(b) On or near the date of expiration of a motor vehicle driver's license, each licensee shall appear at 1 of the Department's offices and be photographed by the Department of Transportation. Upon approval by the Director of the Division of Motor Vehicles, in the Director's discretion, the requirement for this appearance may be waived if circumstances prevent the licensee from appearing on or near the time of renewal.
(c) A late fee of $1.15 shall be assessed in addition to the renewal fee for every person whose driver's license has expired.
(d) Notwithstanding subsections (a), (b) and (c) of this section, the Secretary may issue licenses for either 4 years or 5 years during the first 4 years after this law is enacted so the number of renewals can be more evenly distributed over a 5-year period. If a license is issued for a 4-year period, the fee shall be $10.
(e) Notwithstanding the length of issuance and fees as stated in this subsection, the length of issuance and fees for commercial motor vehicle driver's licenses as required in Chapter 26 of this title shall be as required in § 2611 of this title. (36 Del. Laws, c. 10, § 57; Code 1935, § 5595; 48 Del. Laws, c. 238, § 2; 21 Del. C. 1953, § 2713; 49 Del. Laws, c. 361, § 1; 57 Del. Laws, c. 218; 57 Del. Laws, c. 670, §§ 11A, 11C; 61 Del. Laws, c. 282, § 1; 65 Del. Laws, c. 77, § 3; 65 Del. Laws, c. 329, § 1; 67 Del. Laws, c. 157, § 6; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 59; 75 Del. Laws, c. 183, § 2.)
§ 2716. Permanent license; fees; expiration.
(a) Upon receipt of the application and a fee of $35, and upon proof that such applicant has been licensed by the Department for a period of 3 consecutive years and that such applicant is qualified under this chapter, the Secretary may issue, at the Secretary's discretion, a permanent driver's license which shall not become ineffective until or unless otherwise revoked, cancelled or suspended as provided by law or until such license expires.
(b) Each holder of a permanent driver's license shall pay an additional fee of $1.15 every 5 years to the Department in payment of the cost of a photograph which will be taken by the Department. Nonpayment of this fee by the date indicated shall automatically render the license expired.
(c) A late fee of $1.15 shall be assessed in addition to the renewal fee for every person whose driver's license has expired.
(d) Notwithstanding subsections (a), (b) and (c) of this section, the Department may issue permanent licenses for either 4 or 5 years during the first 4 years after this law is enacted so the number of renewals can be more evenly distributed.
(e) Effective April 1, 1990, no more permanent licenses as permitted under this section shall be issued to applicants applying for commercial motor vehicle driver licenses pursuant to Chapter 26 of this title. (36 Del. Laws, c. 10, §§ 57, 65; 37 Del. Laws, c. 10, § 16; Code 1935, §§ 5595, 5603; 45 Del. Laws, c. 282, § 1; 45 Del. Laws, c. 288, § 1; 21 Del. C. 1953, § 2714; 49 Del. Laws, c. 361, § 2; 57 Del. Laws, c. 670, § 11A; 57 Del. Laws, c. 720; 58 Del. Laws, c. 79; 58 Del. Laws, c. 511, § 45; 61 Del. Laws, c. 282, § 2; 65 Del. Laws, c. 329, § 2; 67 Del. Laws, c. 157, § 7; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1.)
§ 2717. Refusal to issue license; appeal.
The Department, for sufficient reasons, may refuse to issue any form of license or permit to any applicant. Upon such refusal, such applicant may appeal to the Court of Common Pleas of the county in which the applicant resides. An appeal of a denial of a license pursuant to § 516(g) or § 2216 of Title 13 shall be only as provided in Title 13. (36 Del. Laws, c. 10, § 59; 40 Del. Laws, c. 38, § 3; Code 1935, § 5597; 21 Del. C. 1953, § 2715; 69 Del. Laws, c. 333, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 452, § 4; 71 Del. Laws, c. 216, § 83.)
§ 2718. Information on licenses.
(a) Every license shall bear thereon the distinguishing number assigned to the licensee and shall contain the name, age, residential address and a brief description of the licensee for the purpose of identification and shall have a space for the signature of the licensee. Every license shall also bear thereon a photograph of the licensee. Upon approval by the Director of the Division of Motor Vehicles, in the Director's discretion, the requirement for a photograph may be waived, if circumstances prevent the licensee from appearing on or near the time of renewal. The licensee's social security number is used for identification purposes and shall be maintained in the Division of Motor Vehicle's record system.
(b) The Division of Motor Vehicles shall provide a method for permitting a person making application for a license or identification card, or for renewal thereof, to have designated thereon that such person is a donor pursuant to subchapter II, Chapter 27 of Title 16, the Uniform Anatomical Gift Act.
(1) Upon such designation, the Division of Motor Vehicles shall in a manner prescribed by the Division make a suitable notation upon the license or identification card indicating that the person is a donor.
(2) The designation shall constitute sufficient legal authority for the removal of a body or part thereof upon the person's death and the designation shall be removed only upon written notice to the Division by the donor.
(3) At the time the donor authorizes the designation to appear on the donor's license or identification card, the donor shall be notified that the designation can be removed only upon written notice to the Division.
(4) For purposes of this section, license shall not include any temporary license.
(c) The Division of Motor Vehicles shall provide a method for permitting a person applying for a license or identification card, or for renewal thereof, to have designated thereon that such person has a medical condition which may require special attention.
(1) Upon such designation, the Division of Motor Vehicles shall in a manner prescribed by the Division make a suitable notation upon the license or identification card indicating that such person has a medical condition which may require special attention.
(2) At the time the licensee authorizes the designation to appear on the licensee's license or identification card, the licensee shall be notified that the designation can be removed only upon written notice to the Division.
(3) For purposes of this subsection, license shall not include any temporary license.
(4) No designation shall be noted upon the license or identification card of any person under 18 years of age unless written permission of the parents or guardian is granted.
(5) For the purposes of this subsection "medical condition" shall include the execution of a pre-hospital advanced care directive pursuant to § 9706(h) of Title 16.
(d) A driver's license applicant or holder of a driver's license shall provide the Division with the applicant's or holder's social security number if eligible. This shall take place at the time of renewal of such driver's license or at the time a new license is issued to the applicant for any reason.
(e) If an applicant is required to register as a sex offender pursuant to § 4120 of Title 11, as amended, for a felony conviction the sentencing court shall take possession of the driver's license and shall tender to the person being sentenced a temporary license, directing that the person report to the Division of Motor Vehicle for a replacement driver's license with the following code under restrictions: Y indicating sex offender. The person shall tender to the Division of Motor Vehicle a fee of $5 for the replacement license. Upon a person being removed from the registration requirement, the Division of Motor Vehicle shall issue a license without the sex offender code printed upon the license at no charge. The sentencing court shall forward to the Division all licenses that it receives, along with a copy of the sentencing order. (36 Del. Laws, c. 10, § 62; Code 1935, § 5600; 21 Del. C. 1953, § 2716; 60 Del. Laws, c. 344, § 1; 62 Del. Laws, c. 237, § 22; 64 Del. Laws, c. 286, § 1; 65 Del. Laws, c. 77, § 4; 67 Del. Laws, c. 157, § 8; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 133, §§ 1, 2; 71 Del. Laws, c. 261, § 1; 71 Del. Laws, c. 453, § 11; 72 Del. Laws, c. 32, § 1; 72 Del. Laws, c. 335, §§ 2, 6; 75 Del. Laws, c. 185, §§ 1, 2; 75 Del. Laws, c. 194, § 2.)
The Department shall file every application for an operator's license and index the application by name and number and maintain suitable records of all licenses issued and all applications for licenses denied, as well as a record of all licenses which have been suspended or revoked. (36 Del. Laws, c. 10, § 61; Code 1935, § 5599; 21 Del. C. 1953, § 2717; 62 Del. Laws, c. 237, § 23.)
§ 2720. Duplicate licenses; requirements; fee.
(a) In the event that any operator's license issued under this chapter is lost or destroyed the person to whom it was issued may apply to the Department for the issuance of a duplicate or substitute license upon executing such forms as may be required by the Department and upon furnishing proof satisfactory to the Department that such license has been lost or destroyed.
(b) Upon receipt of the application and the required fee, the Secretary of Transportation of this State may, at the Secretary's discretion, require an examination of such applicant in accordance with this chapter.
(c) Each application for the issuance of a duplicate license certificate shall be accompanied by a fee of $10. (36 Del. Laws, c. 10, § 63; Code 1935, § 5601; 45 Del. Laws, c. 284; 21 Del. C. 1953, § 2718; 53 Del. Laws, c. 221, § 21; 57 Del. Laws, c. 670, § 11B; 62 Del. Laws, c. 237, § 24; 63 Del. Laws, c. 440, § 1; 67 Del. Laws, c. 157, § 9; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 60.)
§ 2721. Duty to sign and carry license.
(a) Every person licensed as an operator shall write the person's usual signature with pen and ink in the spaces provided for that purpose on the license certificate and such license shall not be valid until the certificate is so signed.
(b) The licensee shall have such license in the licensee's immediate possession at all times when driving a motor vehicle and shall display the same upon demand of a uniformed police officer, justice of the peace, peace officer or motor vehicle inspector. It shall be a defense to any charge under this subsection if the person so charged produces in court an operator's license theretofore issued to such person and valid at the time of the arrest. (36 Del. Laws, c. 10, § 64; Code 1935, § 5602; 46 Del. Laws, c. 64; 21 Del. C. 1953, § 2719; 62 Del. Laws, c. 237, § 25; 70 Del. Laws, c. 186, § 1.)
§ 2722. Restricted licenses based on driver's physical limitations.
(a) The Department upon issuing an operator's license may, whenever good cause appears, impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee's driving ability arising out of or caused by the licensee's physical defects or infirmities as the Department determines to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(b) The Department may either issue a special restricted license or may set forth such restrictions upon the usual license form.
(c) The Department may, upon receiving satisfactory evidence of any violation of the restrictions of such license, suspend or revoke the same but the licensee shall be entitled to a hearing as upon a suspension or revocation under this title.
(d) It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to that person. (Code 1935, § 5589A; 48 Del. Laws, c. 286; 21 Del. C. 1953, § 2720; 62 Del. Laws, c. 237, § 26; 70 Del. Laws, c. 186, § 1.)
§ 2723. Medical Advisory Board.
(a) There shall be a Medical Advisory Board consisting of a minimum of 3 members nominated by the President of the Medical Council of Delaware and appointed by the Secretary. The Chairperson of the Board shall be the Director of the Division of Public Health. The Board shall consult an ophthalmologist and an optometrist in all cases where a vision problem exists. The ophthalmological consultant shall be nominated by the President of the Medical Council of Delaware, and the optometric consultant shall be nominated by the President of the Delaware Optometric Association. Both vision consultants shall be appointed by the Secretary.
(b) The Board shall advise the Secretary on medical criteria and vision standards relating to the licensing of drivers under this chapter.
(c) Members of the Board and consultants serve without pay. Their identities shall be kept confidential.
(d) Reports received or made by the Board or its members or its vision consultants for the purpose of assisting the Secretary in determining whether a person is qualified to be licensed are for the confidential use of the Board or the Secretary and may not be divulged to any person or used as evidence in any trial except that the reports may be admitted in proceedings under §§ 2717 and 2734 of this title.
(e) To maintain confidential the identities of the members of the Board and its vision consultants, they shall not be required to appear in court. If the qualifications of the members or consultants to make recommendations are challenged in court, the Secretary shall give the court brief professional biographies outlining the training and experience of each member and of each vision consultant. (21 Del. C. 1953, § 2721; 57 Del. Laws, c. 366, § 1; 57 Del. Laws, c. 558, §§ 1, 5-8; 70 Del. Laws, c. 147, § 27; 70 Del. Laws, c. 186, § 1.)
§ 2724. Medical evaluation of drivers; suspension; review.
(a) Upon the determination of the Secretary that a licensed driver or applicant for a license may not be physically, visually or mentally qualified to be licensed, the Secretary will mail to the licensed driver or applicant for a license a registered letter with return receipt requested stating the need for a medical or optometric evaluation along with instructions. Attached to this letter will be a physical or visual examination report. The individual so notified shall be required within 30 days from the date of notification to have this report completed. The individual so notified shall make arrangements to be examined by a private physician or private optometrist of the individual's choice at the individual's expense, or, if it is determined by the Secretary that the individual is unable to pay for this examination, the Secretary shall arrange with a deputy health officer of the State to have this examination performed. The completed report shall be forwarded by the examining physician or optometrist to the Secretary.
(b) If this report is not received within the 30 days or if a reasonable explanation for the delay is not received, the Secretary shall notify the individual that the individual's driving privilege has been suspended until such report is received and evaluated. Upon receipt of the completed report, the Secretary shall forward this report to the Secretary of the Department of Health and Social Services for review.
(c) The Secretary of the Department of Health and Social Services shall review the report to determine if the case warrants evaluation by the Medical Advisory Board. If the report gives no medical or optometric information indicating impairment of any degree, the report shall be returned to the Secretary with the indication that there is no apparent need for action based on medical impairment. If the information in the medical or optometric report warrants review by the Board, a copy of the report shall be forwarded to each member of the Board for evaluation. In case of a vision problem the report shall also be forwarded to the optometric and ophthalmological consultants.
(d) After review, each member of the Medical Advisory Board and the vision consultants shall report their recommendations to the Secretary. The members of the Board and the vision consultants shall not meet as a group unless such a meeting is called by the Chairperson, but rather each member and consultant shall arrive at an opinion independently and shall inform the Secretary of the member's or consultant's recommendations. These recommendations may involve any of the following by way of illustration but not of limitation:
(1) No action against driver or applicant;
(2) Periodic medical or optometric evaluation;
(3) Specific license restrictions;
(4) Further medical or optometric evaluation;
(5) Driver improvement activity, including retesting;
(6) License suspension.
(e) The Secretary shall make the final decision on whether the driver or applicant for a license should be licensed, refused, issued a restricted license or have the license suspended.
(f) Upon the decision of the Secretary, the Department shall notify the driver or applicant and shall afford the driver or applicant an opportunity of a hearing before the Department in the county where the driver or applicant resides. Upon such hearing, the Secretary may rescind the order upon a showing of good cause.
(g) Members of the Board and vision consultants and other persons making or evaluating examinations shall not be held liable for their opinions and recommendations. (21 Del. C. 1953, § 2721A; 57 Del. Laws, c. 366, § 1; 57 Del. Laws, c. 558, §§ 2-4; 70 Del. Laws, c. 149, §§ 206, 207; 70 Del. Laws, c. 186, § 1.)
The Secretary shall have the authority to promulgate standards which may be applied by the Medical Advisory Board. Such standards shall also apply to the final determination of the Secretary upon the physical, visual or mental qualifications of a driver or applicant. (21 Del. C. 1953, § 2722; 57 Del. Laws, c. 366, § 2.)
§ 2726. Motorcycle rider education program -- Established.
(a) The Department of Transportation shall implement a motorcycle rider education program meeting the requirements of this section and § 2727 of this title and any rules or regulations promulgated by the Department.
(b) Adequate courses shall be provided to meet the reasonably anticipated needs of all persons in the State who are eligible and who desire to participate in such a program.
(c) Courses shall be open to all residents of the State who either hold a current valid driver's license or who are eligible for a motorcycle learner's permit. The course shall be open to all persons in the military service stationed in Delaware and their families.
(d) State assisted or private instructional services may offer courses in motorcycle rider education; provided, however, such course offerings meet the requirements of this section and § 2727 of this title. Such course offerings by State assisted or private instructional services may be reimbursed under this section and § 2727 of this title. The Secretary may also enter into contracts for needed services related to the courses.
(e) The Department of Transportation shall adopt the Motorcycle Safety Foundation Motorcycle Rider Course curricula or establish other equivalent minimum course requirements, designed to develop and instill the knowledge, attitudes, habits and skills necessary for the safe operation of a motorcycle.
(f) The Department shall adopt rules and regulations which are necessary to carry out the provisions of the motor rider education program.
(g) For any person who successfully completes the motorcycle rider education program, the Department's motorcycle written examination and road test shall be waived.
(h) The total budget for the motorcycle rider education program shall be based on the revenue available or estimated to be available in the special account established for the motorcycle rider education program. (65 Del. Laws, c. 27, § 1; 74 Del. Laws, c. 110, §§ 61, 62.)
§ 2727. Motorcycle rider education program -- Requirements for instructors.
The Department shall establish minimum requirements for the qualification for a motorcycle rider education instructor. The minimum requirements shall include, but not be limited to, the following:
(1) The instructor shall have a high school diploma or its equivalent.
(2) The instructor must be at least 18 years of age and must hold a valid driver's license and a valid motorcycle endorsement.
(3) The instructor must hold a valid motorcycle endorsement and must have had at least 2 years of motorcycle riding experience.
(4) The instructor's driver's license shall not have been suspended or revoked any time during the immediately preceding 2 years.
(5) The instructor shall have no convictions for driving under the influence of alcohol or drugs during the immediately preceding 5 years nor shall the instructor have been subject to § 4177B of this title during the immediately preceding 5 years.
(6) The instructor shall not have any convictions for moving traffic violations with a total of 4 points during the immediately preceding 2 years.
(7) Instructors who are licensed in other states must furnish certified copies of their driving records to the Division of Motor Vehicles. An applicant shall not be eligible for instructor status until the instructor's driving record for the immediately preceding 5 years is furnished.
(8) The instructor must have a Motorcycle Safety Foundation certification as an instructor. (65 Del. Laws, c. 27, § 1; 70 Del. Laws, c. 186, § 1.)
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