2016 Delaware Code
Title 21 - Motor Vehicles
CHAPTER 47. MOTOR CARRIER SAFETY—RESPONSIBILITY
§ 4704. Adoption of federal requirements — Amendments of 49 C.F.R. Part 391.

(a) Section 391.11(b)(1) of 49 C.F.R. Part 391 is stricken in its entirety and in its place is inserted the following:

"(1) Is at least 21 years old if engaged in interstate commerce or at least 18 years or older and has at least 1 year previous experience as an operator of a motor vehicle if engaged in intrastate commerce".

(b) Intra-State Only Restricted Commercial Driver License Medical — Persons who are not physically qualified to drive a commercial motor vehicle per 49 C.F.R. § 391.41 may apply for an intrastate only restricted commercial driver license waiver provided they are otherwise qualified to drive a motor vehicle, other than a motor vehicle which requires endorsements to transport passengers or hazardous materials, and meet the other provisions of this subsection, Title 21 and the Federal Motor Carrier Regulations.

The applicant must provide evidence and certify to the Secretary of Transportation that they have:

(1) Held a CDL and were employed on a full time basis in the operation of motor vehicles weighing over 26,000 pounds for at least 4 years during the previous 6 years;

(2) Not had a CDL disqualification during the previous 6 years;

(3) Not incurred 4 or more serious traffic violations, railroad-highway grade crossing offenses or out-of-service violations during the previous 6 years.

The Division will establish policy to administer the CDL medical waiver program. The applicant must provide recent physical examinations signed by the driver's primary physician and, if appropriate, from a medical specialist. The Division may require the applicant to successfully complete a training course and evaluation by a physical rehabilitation center. The Division may refer individual applications to the Medical Advisory Board for their advice concerning the applicant's ability to safely operate motor vehicles weighing more than 26,000 pounds. The driver may be required to successfully complete the CDL knowledge tests and CDL road skill test prior to issuing an intra-State only restricted CDL license.

A "K" restriction will be added to the CDL driver license once a medical waiver is granted. The CDL medical waiver expires on the CDL expiration date or upon a date determined by the Division, whichever is earlier. Ninety days before the CDL medical waiver expires, the Division will notify the driver by letter using the address of record that the driver must reapply for a CDL medical waiver to continue operating a commercial motor vehicle in this State. However, once an applicant is initially granted a CDL medical waiver, the Division may issue a 90-day temporary CDL medical waiver pending the results of medical or rehabilitation examinations.

(c) State, county and local government employees who hold a commercial driver license and operate commercial motor vehicles as defined by § 2603 of this title as part of their official duties for the State or any political subdivision therein, shall meet the federal physical qualifications and examination requirements found in 49 C.F.R. Part 391, Subpart E unless 1 of the following exceptions apply:

(1) The employee is approved for an intrastate only restricted commercial driver license in accordance with subsection (b) of this section; or

(2) The employee is a school bus driver and has met the annual Department of Education physical examination requirements in accordance with § 2708(a)(2) of this title.

65 Del. Laws, c. 198, § 1; 66 Del. Laws, c. 114, §§ 2-4; 66 Del. Laws, c. 426, § 1; 74 Del. Laws, c. 110, § 104; 74 Del. Laws, c. 217, § 20; 75 Del. Laws, c. 220, §§ 1, 2; 76 Del. Laws, c. 42, § 1; 78 Del. Laws, c. 87, § 1.;