CHAPTER 77

FORMERLY

SENATE BILL NO. 259

AN ACT TO AMEND CHAPTERS 3, 27, 42 AND 83, TITLE 21 OF THE DELAWARE CODE RELATING TO THE ISSUANCE. RENEWAL, SUSPENSION OR REVOCATION OF DRIVER'S LICENSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 2710. Title 21 of the Delaware Code by striking subsection (a) in its entirety and substituting in lieu thereof the following:

"(a) The Department, upon receiving from any person over the age of 16 years an application for a temporary instruction permit, together with the fee required by law. may, in its discretion, issue such a permit entitling the applicant, while having such permit in his Immediate possession, to drive a motor vehicle upon the highways for a period of 60 days: provided, however, that:

(I) If the applicant is less than 18 years of age, then such temporary permit shall entitle the applicant to drive during Mc 60-day period only when he is accompanied by his properly licensed parent or guardian, who is actually occupying a seat beside the driver, and when there are no more than two other persons in the vehicle, both of whom are members of the applicant's immediate family. If the applicant's parent or guardian is not licensed to drive, or if his parent or guardian resides in another state, or if his parent is deceased and there is no guardian, the applicant must be accompanied by the person who signed the application on behalf of the applicant.

(2) If the applicant is 18 years of age or older, then such temporary permit shall entitle the applicant to drive during the 60-day period only when he is accompanied by a licensed operator who Is actually occupying a seat beside the driver and there are no more than two other persons in the vehicle, both of whom are members of the applicant's immediate family.

(3) Regardless of the age of the applicant. the Department shall require a birth certificate, or certified copy thereof, or some other evidence satisfactory to the Department of the applicant's date of birth."

Section 2. Further amend Section 2710, Title 21 of the Delaware code by inserting in the second sentence of subsection (e) following the phrase "properly licensed parent or guardian" and before the period ending that sentence, the phrase "and when there are no more than two other persons in the vehicle, both of whom are members of the applicant's immediate family."

Section 3. Amend Section 2715, Title 21 of the Delaware Code by adding at the end of subsection (b) the following sentence:

"Upon approval by the Director of the Division of Motor Vehicles, in his discretion, the requirement for this appearance may be waived if circumstances prevent the licensee from appearing on or near the time of renewal."

Section 4. Amend Section 2718. Title 21 of the Delaware Code by adding at the end of subsection (a) the following sentence:

"Upon approval by the Director of the Division of Motor Vehicles, in his discretion, the requirement for a photograph may be waived, if circumstances prevent the licensee from appearing on or near the time of renewal."

Section 5. Amend Section 2733. Title 21 of the Delaware Code by inserting at the end of subsection (e), following the phrase "shall be returned to the licensee" and before the period ending the subsection, the phrase "upon payment of the reinstatement fee as provided in §2737 of this Chapter."

Section 6. Amend Section 4201, Title 21 of the Delaware Code by striking from subsection (b) the phrase "operator's or chauffeur's license" and substituting in lieu thereof the phrase "driver's license or other documentation of driving privileges."

Section 7. Amend Section 4202. Title 21 of the Delaware Code by striking from subsection (a) the phrase "operator's or chauffeur's license" and substituting in lieu thereof the phrase "driver's license or other documentation of driving privileges". and by striking from subsection (b) the phrase "operator's or chauffeur's license" and substituting in lieu thereof the phrase "driver's license".

Section 8. Amend Section 8301, Title 21 of the Delaware Code by striking from subsections (1) and (2) the phrase "an operator's or chauffeur's" and substituting in lieu thereof the words "a driver's".

Section 9. Amend Section 2731, Title 21 of the Delaware Code by striking from subsection (a) the words "operator's or chauffeur's" and substituting in lieu thereof the word "driver's".

Section 10. Amend Section 315, Title 21 of the Delaware Code by striking the words "an operator's or chauffeur's and substituting in lieu thereof the words "a driver's".

Section 11. If any provision of this Act or its application to any person or circumstance is determined to be invalid, such invalidity shall not affect other provisions or applications of this Act which shall be given effect without the invalid provisions of application and to that end, the provisions of this Act are declared severable.

Section 12. This Act shall become effective upon its enactment into law.

Approved July 2, 1985.