CHAPTER 27

FORMERLY

SENATE BILL NO. 42

AS AMENDED BY SENATE AMENDMENT NOS. 3, 4 AND 5

AN ACT TO AMEND CHAPTERS 21 AND 27 OF TITLE 21 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF A MOTORCYCLE RIDER EDUCATION PROGRAM AND PROVIDING A SELF FUNDING PROGRAM THEREFOR.

WHEREAS, Delaware in recent years has experienced continued increase in the use of motorcycles by young and sometimes untrained operators; and

WHEREAS, research indicates that most accidents involving motorcycles occur during the first year an operator Is licensed; and

WHEREAS, there is a definite need for motorcycle safety instruction to promote highway awareness, recognition of the highway rights of others, and a thorough knowledge of the dangers and limitations involved in operating a motorcycle.

NOW, THEREFORE;

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

Section I. Amend Chapter 27, Title 21 of the Delaware Code by adding thereto the following new sections to read as follows:

"§2726. Motorcycle rider education program

(a) Beginning July 1, 1985, the Department of Public Safety shall implement a Motorcycle Rider Education Program meeting the requirements of these sections and any rules or regulations promulgated by the Department.

(b) Adequate courses shall be provided to meet the reasonably anticipated needs of all persons in the State who are eligible and who desire to participate in such a program.

(c) Courses shall be open to all residents of the State who either hold a current valid driver's license or who are eligible for a motorcycle learner's permit. The course shall be open to all persons in the military service stationed in Delaware and their families.

(d) State assisted or private Instructional services may offer courses In motorcycle rider education; provided, however, such course offerings meet the requirements of these sections. Such course offerings by State assisted or private instructional services may be reimbursed under the provisions of these sections. The Secretary may also enter into contracts for needed services related to the courses.

(e) The Department of Public Safety shall adopt the Motorcycle Safety Foundation Motorcycle Rider Course curricula or establish other equivalent minimum course requirements, designed to develop and instill the knowledge, attitudes. habits and skills necessary for the safe operation of a motorcycle.

(f) The Department shall adopt rules and regulations which are necessary to carry out the provisions of the Motorcycle Rider Education Program.

(g) For any person who successfully completes the Motorcycle Rider Education Program the Department's motorcycle written examination and road test shall be waived.

(h) The total budget for the Motorcycle Rider Education Program shall be based on the revenue available or estimated to be available in the special account established for the Motorcycle Rider Education Program.

§2727. Requirements for instructors

The Department shall establish minimum requirements for the qualification for a motorcycle rider education instructor. The minimum requirements shall include, but not be limited to, the following:

valid motorcycle endorsement.

(3) The instructor must hold a valid motorcycle endorsement and must have had at least two (2) years of motorcycle riding experience.

(4) The instructor's driver's license shall not have been suspended or revoked any time during the immediate preceding two (2) years.

(5) The instructor shall have no convictions for driving under the influence of alcohol or drugs during the immediate preceding five (5) years nor shall he have been subject to §4177D of this Title during the immediate preceding five (5) years.

(6) The instructor shall not have any convictions for moving traffic violations with a total of 4 points during the immediate preceding two (2) years.

(7) Instructors who are licensed in other states must furnish certified copies of their driving records to the Division of Motor Vehicles. An applicant shall not be eligible for instructor status until his driving record for the Immediate preceding five (5) years is furnished.

(8) The Instructor must have a motorcycle Safety Foundation certification as an instructor."

Section 2. Amend §2703(b), Chapter 27. Title 21 of the Delaware Code by striking said subsection (b) in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows:

"(b) The Initial fee for the authorization or endorsement as specified in subsection (a) of this section shall be $5. For each subsequent renewal of an authorization or endorsement the fee shall be $5.

(c) Of each of the initial fees for authorization or endorsement collected pursuant to subsection (b) of this section the sum of $2 is appropriated to the Department of Public Safety and shall be placed in a special account to be used only for expenses incurred in the administration of the Motorcycle Rider Education Program. For each fee collected for subsequent renewals pursuant to subsection (b) of this section, the total of such renewal fee shall also be appropriated to the Department of Public Safety to be placed In said special account."

Section 3. Amend §2151(1). Chapter 21, Title 21 of the Delaware Code by striking the numeral "6" as it appears therein and substituting in lieu thereof the numeral "10".

Section 4. Amend §2151, Chapter 21 of the Delaware Code by adding thereto a new paragraph (7) to read as follows:

"(7) Of each of the motorcycle registration fees collected pursuant to subsection (1) of this section the sum of $4 is appropriated to the Department of Public Safety and shall be placed in a special account W be used only for the expenses incurred in the administration of the Motorcycle Rider Education Program and improved motorcycle licensing procedures."

Section 5. (a) To become eligible for reimbursement under this act the state assisted or private instructional service shall apply to the Department for approval of its courses in motorcycle rider education prior to the start of the period for which the reimbursement is sought.

(b) The Department will approve courses which meet the requirements of this Act.

(c) Starting July 1, 1986. and on July 1 of each year thereafter, the balance of the special account for the Motorcycle Rider Education Program, after the administrative expenses have been deducted, shall be apportioned to teaching an approved motorcycle rider education course. Such apportionment shall be made on the bash of application and certification by the State assisted or private Instructional service.

(d) The State assisted or private instructional service with the approval of the Department. may charge each student a tuition foe to be set by the state assisted or private instructional service.

Approved June 27, 1985