CHAPTER 361

AN ACT TO AMEND SUBCHAPTER I, CHAPTER 27, TITLE 21, DELAWARE CODE, RELATING TO DRIVER'S LICENSE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Subchapter I, Chapter 27, Title 21, Delaware Code, is amended by striking from subparagraph (4) of subsection (b), § 2706, the word "epileptic".

Section 2. Subchapter I, Chapter 27, Title 21, Delaware Code, is amended by adding to paragraph (b) of § 2706, a new subparagraph (7) to read as follows:

(7) Person who is subject to losses of consciousness due to disease of the central nervous system, unless such person furnishes the Department with the certificate of two physicians duly licensed to practice medicine and surgery in this State that such person's infirmity is under sufficient control to permit him or her to operate a, motor vehicle with safety to person and property. Each person licensed to operate a motor vehicle on the basis of such certificate shall furnish the Department with a new certificate each year not later than the anniversary date of the issuance of the license and not earlier than 45 days before said date, which shall show that on the basis of an examination within said period a physician duly licensed to practice medicine and surgery in this State has determined that the infirmity remains under sufficient control to permit the person to operate a motor vehicle with safety to person and property. Except as provided below, if such certificate is not received by the Department within seven days after the anniversary date of the license, the Department shall revoke said license, and shall notify its holder.

The above provision notwithstanding, if two physicians duly licensed in this State furnish the Department with a certificate that the disease no longer requires treatment, and that the person can reasonably be expected to suffer no further losses of consciousness on its account, the Department may find that the person need no longer submit annual certificates of his or her competence to operate a motor vehicle, and shall notify the person accordingly. The Department may, in its discretion retain medical consultants to advise it. No physician who examines a person and provides a certificate in good faith in accordance herewith shall be subject to any civil or criminal liability on account of having provided the certificate.

Approved June 7, 1966.