2016 Delaware Code
Title 21 - Motor Vehicles
CHAPTER 26. UNIFORM COMMERCIAL DRIVER LICENSE ACT
§ 2610. Application for commercial driver license or commercial learner permit.

(a) The application for a commercial driver license or commercial learner permit must include the following:

(1) The full name and current residential and mailing address of the person;

(2) A physical description of the person including sex, height, weight and eye color;

(3) Date of birth;

(4) The applicant's Social Security number;

(5) The person's signature;

(6) Certifications including those required by 49 C.F.R. part 383.71(a);

(7) Any other information required by the Division of Motor Vehicles; and

(8) A consent to release driving record information.

(b) Delaware adopts by reference 49 CFR Part 1572. Therefore, if applying for a hazardous materials endorsement, the applicant must comply with Transportation Security Administration requirements codified in 49 C.F.R. Part 1572, and provide proof of citizenship, by presenting a United States passport, a certificate of birth that bears an official seal and was issued by a State, county, municipal authority or outlying possession of the United States, a Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545 or DS-1350), a Certificate of Naturalization (Form N-550 or N-570), a Certificate of U.S. Citizenship (Form N-560 or N-561) or immigration status by presenting a Permanent Resident Card, Alien Registration Receipt Card (Form 1-551), Temporary I-551 stamp in foreign passport, a Temporary 1-551 stamp on Form 1-94, Arrival/Departure Record with photograph of the bearer or a Reentry Permit (Form 1-327). A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide that lawful permanent resident's Bureau of Citizenship and Immigration Services (BCIS) Alien registration number.

(c) The applicant's noncommercial and commercial driver license from any other jurisdiction must be surrendered to the Division.

(d) The applicant must provide the names of all states where the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years.

(e) When the name, residential address, or mailing address of a commercial driver license holder changes, an application for a corrected license must be made as provided in this title.

(f) No person who has been a resident of this State for 30 days may drive a commercial motor vehicle under the authority of a commercial driver license issued by another jurisdiction.

(g) Any person who knowingly falsifies information or certifications required under subsection (a) of this section is subject to disqualification of the person's CDL or CLP for a period of at least 60 consecutive days and is guilty of perjury and shall be fined or imprisoned.

(h) If the Division receives credible information that a CLP- or CDL-holder is suspected, but has not been convicted of fraud related to the issuance of his or her CLP or CDL, the driver must be required to retake the CDL skills and knowledge tests. Within 30 days of receiving notification from the State that retesting is necessary, the affected CLP or CDL holder must make an appointment or otherwise schedule to take the next available test. A person's CLP or CDL will be disqualified if he or she fails to make an appointment within 30 days, does not take the required knowledge or skills test, or fails the knowledge or skills test. Once a CLP or CDL holder's privileges have been disqualified, he or she must reapply for a CLP or CDL under state application procedures.

(i) Any person who has been convicted of fraud related to the issuance, renewal, transfer, or upgrade of a CDL/CLP, other than falsifying information or certifications as specified in subsection (g) of this section, shall be disqualified for a period of not less than 1 year.

67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 216, § 5; 74 Del. Laws, c. 217, § 11; 77 Del. Laws, c. 311, §§ 3, 4; 79 Del. Laws, c. 214, § 6; 79 Del. Laws, c. 279, §§ 3, 7.;