CHAPTER 171

MOTOR VEHICLES

AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, IN REFERENCE TO OPERATORS' AND CHAUFFEURS' LICENSES; NON-RESIDENTS, WHEN EXEMPT FROM LICENSES; APPLICATION FOR OPERATOR'S AND CHAUFFEUR'S LICENSES; NOTARY FEES, CHARGING UNLAWFUL NOTARY FEES, MISDEMEANOR; PENALTY, WHAT APPLICATION SHALL CONTAIN; PROVIDING LICENSE FEES; PROVIDING EXPIRATION DATE OF LICENSE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out paragraph (b) of 5591. Sec. 53, of said Chapter and by inserting in lieu thereof the following:

5591. Sec. 53. Non-Residents, When Exempt From Licenses: --(b) It shall be unlawful for any non-resident whose home State or Country does not require the licensing of operators or chauffeurs, and who has not been licensed either as an operator or chauffeur in his home State or Country, to operate any motor vehicle upon any highway in this State, without first making application for and obtaining a license as an operator or chauffeur as required under this Chapter, except that any said unlicensed non-resident who is over the age of sixteen 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 thirty days in any one year without making application for or obtaining an operator's or chauffeur'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 non-resident owner has in his immediate possession a registration card evidencing such ownership and registration in his home State or Country.

Section 2. That Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out paragraph (c) of 5595. Sec. 57, of said Chapter and by inserting in lieu thereof the following:

5595. Sec. 57. Application for Operator's and Chauffeur's Licenses; Notary Fees; Charging Unlawful Notary Fees, Misdemeanor; Penalty; What Application Shall Contain; License Fee:--(c) Upon receipt of the application and a fee of One Dollar ($1.00) and after such examination as is herein provided, the Motor Vehicle Commissioner of this State may issue, at his discretion a motor vehicle operator's license, or a chauffeur's license.

Section 3. That Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out 5603. Sec. 65, of said Chapter and by inserting in lieu thereof the following:

5603. Sec. 65. Expiration of License:--Every operator's and chauffeur's license issued hereunder to expire on the last day of February of the year 1940 shall be and the same hereby is extended to and shall expire on the thirty-first day of May, 1940. Thereafter every operator's and chauffeur's license issued under this Chapter shall expire on May thirty-first of each year and shall be renewed annually upon application and payment of the fees required by law, such renewal to take effect on the first day of June in each year; provided, that the Department, in its discretion, may waive the examination of any such applicant previously licensed under this Chapter.

Approved April 28, 1939.