CHAPTER 343

FORMERLY

HOUSE BILL NO. 769

AN ACT TO AMEND CHAPTER 27, TITLE 21, DELAWARE CODE, RELATING TO DRIVING WITHOUT A LICENSE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all the members elected to each House thereof concurring therein):

Section 1. Amend Chapter 27, Title 21, Delaware Code, by striking §2701 in its entirety and inserting in lieu thereof a new §2701 to read as follows:

"§2701. Driving without a license; penalties

(a) No person shall drive a motor vehicle on a public street or highway of this State without first having been licensed under this Chapter, unless expressly exempt from the licensing requirements.

(b) No person shall drive a motor vehicle on a public street or highway of this State after serving a period of suspension, revocation or license denial, without first having obtained a valid license through proper reinstatement procedures as prescribed by Title 21, Delaware Code.

(c) No person shall drive on a public street or highway of this State a motor vehicle of a class or type for which he has not been duly licensed.

(d) No person whose license has expired shall drive a motor vehicle on a public street or highway of this State.

(e) Whoever violates subsection (a) or (b) of this section shall for the first offense be fined not less than $50 nor more than $200.

For each subsequent like offense, shall be fined not less than $100 nor more than $500 or imprisoned for a term not to exceed six months, or both.

(f) Whoever violates subsection (c) or (d) of this section shall for the first offense be fined not less than $10 nor more than $100.

For each subsequent like offense, be fined not less than $25 nor more than $100."

Section 2. Any person deemed legal to drive a truck or

tractor-trailer combination prior to the implementation of the classified licensing system, shall be placed in the class of their choice with no requirement for a road test by the Division of Motor Vehicles, unless the applicant appears physically or mentally unable to operate such vehicle.

Section 3. This Act shall become effective sixty (60) days after the signature of the Governor.

Approved June 23, 1978.