CHAPTER 417

AN ACT TO AMEND TITLE 21, DELAWARE CODE, RELATING TO MOTOR VEHICLES BY ADDING A NEW CHAPTER 83 ENTITLED "COMMERCIAL DRIVER TRAINING SCHOOL LICENSING".

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

Section 1. Title 21, Delaware Code, is amended by adding thereto a new chapter to read:

CHAPTER 83. COMMERCIAL DRIVER TRAINING SCHOOL LICENSING

§ 8301. Definitions

As used in this chapter:

(d) "Commercial driver training school" or "school" means a business enterprise conducted by a person for the education and training of persons, either practically or theoretically, or both, to operate motor vehicles or to prepare an applicant for an examination given by the State for an operator's or chauffeur's license or learner's permit, and charging a consideration or tuition for such services.

(e) "Instructor" means any person, whether acting for himself as operator of a commercial driver training school or for any such school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises practice of persons learning to operate or drive motor vehicles or preparing to take an examination for an operator's or chauffeur's license or learner's permit, and any person who supervises the work of any other such instructor.

§ 8302. Enforcement by the Commissioner

(a) The Commissioner shall, adopt and prescribe such regulations concerning the administration and enforcement of this chapter as are necessary to carry out the intent of this chapter and to protect the public. The Commissioner or his authorized representative shall inspect the school facilities and equipment of applicants and licensees and examine applicants for instructor's license.

(b) The Commissioner shall administer and enforce the provisions of this chapter, and may call upon the State Superintendent of Public Instruction for assistance in developing and formulating appropriate regulations.

§ 8303. License for schools; requirements

(a) No commercial driver training school shall be established nor any such existing school continued after January 1, 1969, unless such school applies for and obtains from the Commissioner a license in the manner and form prescribed by the Commissioner.

(b) Regulations adopted by the Commissioner shall state the requirements for a school license, including requirements concerning location, equipment, courses of instruction, instructors, previous records of the school and instructors, financial statements, schedule of fees and charges, character and reputation of the operators and instructors, insurance in such sum and with such provisions as the Commissioner deems necessary to protect adequately the interests of the public, and such other matters as the Commissioner may prescribe for the protection of the public.

§ 8304. License for instructors; requirements

(c) No person shall act as an instructor after January 1, 1969, unless such person applies for and obtains from the Commissioner a license in the manner and form prescribed by the Commissioner.

(d) Regulations adopted by the Commissioner shall state the requirements for an instructor's license, including requirements concerning moral character, physical condition, knowledge of the courses of instruction, motor vehicle laws and safety principles and practices, previous personnel and employment records, and such other matters as the Commissioner may prescribe for the protection of the public.

§ 8305. License fees

All licenses shall expire on the last day of the calendar year and may be renewed upon application to the Commissioner as prescribed by his regulation. Each application for an original or renewal school license fee shall be accompanied by a fee of $25 and each application for an original or renewal instructor's license shall be accompanied by a fee of $5. No license fee shall be refunded in the event that the license is rejected, suspended or revoked.

§ 8306. Issuance; renewal; suspension and revocation of licenses

The Commissioner may cancel, suspend, revoke, or refuse to issue or renew a school or instructor's license in any case where he finds the licensee or applicant has not complied with, or has violated any of the provisions of this chapter or any regulation adopted by the Commissioner. Any cancelled, suspended or revoked license shall be returned to the Commissioner by the licensee, and its holder shall not be eligible to apply for a license under this chapter until 3 months have elapsed since the date of such suspension or revocation.

§ 8307. Exemptions

The provisions of this chapter shall not apply to any person giving driver training lessons without charge, to employers maintaining driver training schools without charge for their employees only, or to schools or classes conducted by colleges, universities and high schools for regularly-enrolled students as a part of the program for such institutions.

§ 8308. Penalties

Violation of any provision of this chapter or any regulation promulgated pursuant thereto, shall constitute a misdemeanor and any person, firm, or corporation upon conviction therefor shall be punished by a fine of not more than $100 or imprisonment for not more than 30 days or by both fine and imprisonment.

Approved August 1, 1968.