2014 Delaware Code
Title 21 - Motor Vehicles
CHAPTER 26. UNIFORM COMMERCIAL DRIVER LICENSE ACT
§ 2603. Definitions [Effective July 8, 2015]

Notwithstanding any other provision of this title, the following definitions apply to this chapter:

(1) "Alcohol" means any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol and isopropanol.

(2) "Alcohol concentration" means:

a. The number of grams of alcohol per 100 milliliters of blood; or

b. The number of grams of alcohol per 210 liters of breath.

(3) "Alien" means any person not a citizen or national of the United States."

(4) "CDL downgrade" means either:

a. Except where otherwise provided in this title, the Division allows the driver to change his or her self-certification to interstate but operating exclusively in transportation or operation excepted from 49 C.F.R. Part 391, as provided in § 390.3(f), § 391.2, § 391.68, or § 398.3;

b. The Division allows the driver to change his or her self-certification to intrastate only if the driver is physically qualified for intrastate-only driving under § 4704(b) of this title;

c. The Division allows the driver to change his or her certification to intrastate but operating exclusively in transportation or operations excepted under § 4704(c)(1) [or] (2) of this title driver physical qualification requirements; or

d. The Division removes the CDL privilege from the driver license.

(5) "CDLIS driver record" means the electronic record of the individual CDL driver's status and history stored by the state of record as part of the Commercial Driver's License Information System (CDLIS) established under 49 U.S.C. § 31309.

(6) "CDLIS motor vehicle record" means a report generated from the CDLIS driver record meeting the requirements for access to CDLIS information and provided by states to users authorized in 49 C.F.R. § 384.225(e)(3) and (4), subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. §§ 2721-2725, and § 305 of this title.

(7) "Commercial driver instruction permit" means a permit issued pursuant to § 2608(d) of this title.

(8) "Commercial driver license" (CDL) means a license issued in accordance with the requirements of this chapter to an individual which authorizes the individual to drive a certain class of commercial motor vehicle.

(9) "Commercial driver license information system" (CDLIS) means the information system established pursuant to the CMVSA to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

(10) "Commercial motor vehicle (CMV)" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle

a. Has a gross combination weight rating (GCWR) of 26,001 pounds or more inclusive of a towed unit(s) with a gross vehicle weight rating (GVWR) of more than 10,000 pounds; or

b. Has a gross vehicle weight rating (GVWR) of 26,001 pounds or more; or

c. Is designed to transport 16 or more passengers, including the driver; or

d. Is of any size and is used in the transportation of hazardous materials.

(11) "Controlled substance" means any substance so classified under § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)), and includes all substances listed on Schedules I through V, of 21 C.F.R. part 1308, as they may be revised from time to time.

(12) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

(13) "Disqualification" means any of the following actions:

a. The suspension, revocation, or cancellation of a CDL by the state or jurisdiction of issuance.

b. Any withdrawal of a person's privileges to drive a Commercial Motor Vehicle (CMV) by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).

c. A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under Part 391 of 49 C.F.R.

(14) "Drive" means to drive, operate or be in physical control of a motor vehicle.

(15) "Driver" means any person who drives, operates, or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver license.

(16) "Driver license" means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle.

(17) "Driving a commercial motor vehicle while under the influence of alcohol" means committing any one or more of the following acts in a CMV:

a. Driving a CMV while the person's alcohol concentration is 0.04 or more;

b. Driving under the influence of alcohol as prescribed by state law; or

c. Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of § 383.51(b) or § 392.5(a)(2) of 49 C.F.R.

(18) "Employer" means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle.

(19) "Excepted interstate commerce" means a CDL applicant must certify that he or she operates or expects to operate in interstate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. § 390.3(f), § 391.2, § 391.68, or § 398.3 from all or parts of the qualification requirements of 49 C.F.R. Part 391 and is, therefore, not required to obtain a federal medical examiner's certification by 49 C.F.R. § 391.45.

(20) "Excepted intrastate commerce" means a CDL applicant must certify that he or she operates in intrastate commerce but engages exclusively in transportation or operations excepted from all or parts of the Delaware's driver medical qualification requirements in §§ 2621 and 4704(c)(2) of this title.

(21) "Fatality" means the death of a person as a result of a motor vehicle accident.

(22) "Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding 1 year.

(23) "FMCSA" means Federal Motor Carrier Safety Administration.

(24) "Foreign jurisdiction" means any jurisdiction other than a state of the United States.

(25) "Gross vehicle weight rating" (GVWR) means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. The GVWR of a combination (articulated) vehicle (commonly referred to as the "Gross Combination Weight Rating" or "GCWR") is the GVWR of the power unit plus the GVWR of the towed unit or units.

(26) "Hazardous material" means any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.

(27) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.

(28) "Issue and issuance" means initial licensure, license transfers, license renewals, license upgrades, and nonresident commercial driver's licenses.

(29) "Measurable amount of alcohol" means the alcohol concentration of the person's blood or breath is equal to or greater than 0.02 but less than 0.04.

(30) "Medical examiner" for purposes of conducting U.S. Department of Transportation physical examination for CMV certification means a person who is licensed, certified, and/or registered, in accordance with applicable state laws and regulations, to perform physical examinations. The term includes but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic.

(31) "Medical variance" means a driver has received 1 of the following from FMCSA that allows the driver to be issued a medical certificate:

a. An exemption letter permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. Part 381, Subpart C, or § 391.64;

b. A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. § 391.49.

(32) "Motor vehicle" means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except vehicles moved solely by human power, motorized wheel chairs, farm implements of husbandry, mopeds, tripeds and OHVs.

(33) "Motor vehicle record" means the report of the driving status and history of a driver generated from the driver record, provided to users, such as drivers or employers, and subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. §§ 2721-2725 and § 305 of this title.

(34) "Non-CMV" means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle (CMV)" in this section.

(35) "Nonexcepted interstate commerce" means a CDL applicant must certify that he or she operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under 49 C.F.R. Part 391, and is required to obtain a federal medical examiner's certification by 49 C.F.R. § 391.45.

(36) "Nonexcepted intrastate commerce" means a CDL applicant must certify that he or she operates only in intrastate commerce and, therefore, is subject to the Delaware driver medical qualification requirements in § 4704(a), (b), and (c)(1) of this title.

(37) "Nonresident CDL" means a CDL issued by a State under either of the following 2 conditions:

a. To an individual domiciled in a foreign country meeting the requirements of § 383.23(b)(1) of 49 C.F.R.

b. To an individual domiciled in another state meeting the requirements of § 383.23(b)(2) of 49 C.F.R.

(38) "Out-of-service order" means a declaration by the Federal Highway Administration or an authorized enforcement officer of a federal, state, local or governmental agency from Puerto Rico, Canada or Mexico that a driver or a commercial motor vehicle or motor carrier operation (as defined in the Federal Motor Carrier Safety Regulations [49 C.F.R. Part 390]) is out-of-service pursuant to § 386.72 (imminent hazard), § 392.5 (intoxicating beverage), § 395.13 (drivers declared out-of-service) or § 396.9 (inspection of motor vehicles in operation) of the Federal Motor Carrier Safety Regulations or comparable laws of any governmental agency referred to above or the North American Uniform Out-of-Service Criteria.

(39) "Railroad-highway grade crossing violation" means convictions in a commercial motor vehicle of violations of a federal, State or local law or regulation pertaining to 1 of the following 6 offenses at railroad-highway grade crossings:

a. For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;

b. For drivers who are not required to always stop, failing to stop before reaching the crossing if the tracks are not clear;

c. For drivers who are always required to stop, failing to stop before driving onto the crossing;

d. For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;

e. For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; and

f. For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.

(40) "School bus" means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events, or any vehicle which meets the regulatory requirements adopted by the Department of Education with the advice of the Division of Motor Vehicles as specified under § 2901 of Title 14. "School bus" does not include a bus used as a common carrier.

(41) "Serious traffic violation" means conviction of any of the following offenses when operating a CMV, except weight, defect and parking violations:

a. Excessive speeding, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit;

b. Reckless driving, as defined by state or local law or regulation, including but not limited to offenses of driving a CMV in wilful or wanton disregard for the safety of persons or property;

c. Improper or erratic traffic lane changes;

d. Following the vehicle ahead too closely;

e. A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control;

f. Driving a CMV without obtaining a CDL;

g. Driving a CMV without a CDL in the driver's possession. Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, shall not be guilty of this offense; or

h. Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.

(42) "State" for the purpose of this chapter means a state, territory or possession of the United States, the District of Columbia, the Republic of Mexico, the Commonwealth of Puerto Rico and any province of the Dominion of Canada.

(43) "United States" means the 50 states and the District of Columbia.

67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 87, §§ 1, 2; 73 Del. Laws, c. 345, § 1; 74 Del. Laws, c. 216, §§ 1-3; 74 Del. Laws, c. 217, §§ 1-8; 75 Del. Laws, c. 391, §§ 1, 2; 77 Del. Laws, c. 311, § 1; 77 Del. Laws, c. 312, § 9; 78 Del. Laws, c. 87, § 1.;