2014 Delaware Code
Title 21 - Motor Vehicles
CHAPTER 26. UNIFORM COMMERCIAL DRIVER LICENSE ACT
§ 2608. Commercial driver license qualification standards [Effective until July 8, 2015]

(a) Testing. —

(1) General. — No person may be issued a commercial driver license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts G and H, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the Division of Motor Vehicles.

(2) Third-party testing. — The Division of Motor Vehicles may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency or instrumentality of local government, to administer the skills test specified by this section, provided:

a. The test is the same which would otherwise be administered by the State; and

b. The third party has entered into an agreement with the State which complies with requirements of 49 C.F.R. part 383.75.

(3) Testing by State. — After June 30, 1992, only an agency of the State, as approved by the Division of Motor Vehicles, shall be permitted to administer the skills test specified by this chapter.

(b) Waiver of skills test. — The Division of Motor Vehicles may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R. part 383.77.

(c) Limitations on issuance of license. — A commercial driver license, or commercial driver instruction permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver license is suspended, revoked, denied or canceled in any state; nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all such licenses, which must be returned to the issuing state(s) for cancellation.

(d) Commercial driver instruction permit. —

(1) A commercial driver instruction permit may be issued to an individual who holds a valid driver license who has passed the vision and written tests required for a commercial motor vehicle driver license.

(2) The commercial driver instruction permit may not be issued for a period to exceed 6 months. Only one renewal or re-issuance may be granted within a 2-year period. The 2-year period shall begin with the issuance date of the original permit. The holder of a commercial driver instruction permit may, unless otherwise disqualified, drive a commercial motor vehicle only when accompanied by the holder of a commercial driver license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle; provided that the commercial driver instruction permit holder may not operate a commercial motor vehicle transporting hazardous materials as defined in § 2603 of this chapter.

67 Del. Laws, c. 157, § 1; 74 Del. Laws, c. 216, § 4; 78 Del. Laws, c. 87, § 1.;