CHAPTER 157

FORMERLY

HOUSE BILL NO. 372

AS AMENDED BY HOUSE AMENDMENT NOS. 2 AND 3 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21, DELAWARE CODE, RELATING TO COMMERCIAL MOTOR VEHICLE OPERATORS, LICENSES, EMPLOYERS, FEES, AND PENALTIES.

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

Section 1. Amend Title 21, Delaware Code, by adding a new Chapter to read as follows:

"CHAPTER 26. UNIFORM COMMERCIAL DRIVER LICENSE ACT

§2601. Short Title. This Act may be cited as the Uniform Commercial Driver License Act.

§2602. Statement of Intent and Purpose. The purpose of this Act is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (TITLE XII of Pub. Law 99-570) and reduce or prevent commercial motor vehicle accidents, fatalities and injuries by:

(a) Permitting commercial drivers to hold only one license;

(b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;

(c) Strengthening commercial driver licensing and testing standards.

This Act is a remedial law and shall be liberally construed to promote the public health, safety and welfare. To the extent that this Act conflicts with general driver licensing provisions, this Act prevails. Where this Act is silent, the general driver licensing provisions apply.

§2603. Definitions. Notwithstanding any other provision of this Title, the following definitions apply to this Act:

(a) 'Alcohol' means:

Any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol.

(b) 'Alcohol concentration' means:

(I) the number of grams of alcohol per 100 milliliters of blood; or (2) the number of grams of alcohol per 210 liters of breath.

(c) 'Commercial Driver License'.

(CDL) means a license issued in accordance with the requirements of this Act to an individual which authorizes the individual to drive a certain class. of commercial motor vehicle.

(d) 'Commercial Driver License Information System'.

(CDLIS means the information system established pursuant to the CMVSA to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

(e) 'Commercial Driver Instruction Permit' means a permit issued pursuant to Section 2608(d) of this Act.

(f) 'Commercial Motor Vehicle' means a motor vehicle designed or used to transport passengers or property:

(1) if the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation; or

(2) if the vehicle is designed to transport 16 or more passengers, including the driver; or

(3) if the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, sub-part F.

(g) 'Controlled Substance' means any substance so classified under section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6), and includes all substances listed on Schedules I through V, of 21 CFR Part 1308, as they may be revised from time to time.

(h) 'Conviction' means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.

(i) 'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.

(j) 'Drive' means to drive, operate or be to physical control of a motor vehicle.

(k) 'Driver' means any person who drives, operates, or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver license.

(1) 'Driver License' means a license issued by a State to an individual which authorizes the individual to drive a motor vehicle.

(m) 'Employer' means any person, Including the United States, a State, or a political subdivision of a State, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle.

(n) 'Felony' means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year.

(o) 'Foreign jurisdiction' means any jurisdiction other than a state of the United States.

(p) 'Gross Vehicle Weight Rating' (GVWR) means the value specified by the manufacturer(s) as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, or the gross vehicle weight, or the gross combination weight, whichever is greater. The GVWR of a combination (articulated) vehicle (commonly referred to as the "Gross Combination Weight Rating" or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit or units.

(q) 'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.).

(r) 'Measurable amount of alcohol' means the alcohol concentration of the person's blood or breath is equal to or greater than 0.02 but less than 0.04.

(s) 'Motor vehicle' means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolly wires but not operated upon rails, except vehicles moved solely by human power, motorized wheel chairs, farm implements of husbandry, mopeds, tripeds and OHV's.

(t) 'Non-Resident COL' means a commercial driver license issued by a state to an individual who resides in a foreign jurisdiction.

(u) Out of service order' means a temporary prohibition against driving a commercial motor vehicle.

(v) 'Serious Traffic Violation' means a conviction when operating a commercial motor vehicle of:

(1) excessive speeding, as defined by the United States Secretary of Transportation by regulation;

(2) reckless driving, as defined under State or local law, and including other charges, as defined by the United States Secretary of Transportation by regulation;

(3) a violation of any State or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident;

(4) any other violation of a State or local law which the United States Secretary of Transportation determines by regulation to be serious.

(w) 'State' means a state of the United States and the District of Columbia.

(x) 'United States' means the fifty states and the District of Columbia.

§2604. Limitation on Number of Driver Licenses. No person who drives a commercial motor vehicle may have more than one driver license.

§2605. Notification Required by Driver.

(a) Notification of Convictions.

(1) To State. Any driver holding a commercial driver license issued by this State, who is convicted of violating any State law or local ordinance relating to motor vehicle traffic control, in this or any other State, other than parking violations, shall notify the Division of Motor Vehicles in the manner specified by the Division of Motor Vehicles within thirty days of the date of conviction.

(2) To Employers. Any driver holding a commercial driver license issued by this State, who is convicted of violating any State law or local ordinance relating to motor vehicle traffic control in this or any other State, other than parking violations, must notify his or her employer in writing of the conviction within thirty days of the date of conviction.

(b) Notification of Suspensions, Revocations and Cancellations. Each driver whose driver license is suspended, revoked, or cancelled by any State, or who loses the privilege to drive a commercial motor vehicle in any State, for any period, including being disqualified from driving a commercial motor vehicle, or who has been issued an out of service order, must notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact.

(c) Notification of Previous Employment. Each person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the ten years preceding the date of application.

(1) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;

(2) The dates between which the applicant drove for each employer; and

(3) The reason for leaving that employer.

(4) The applicant must certify that all information furnished is true and complete.

(5) An employer may require an applicant to provide additional information to substantiate the statements made in conjunction with this section.

(6) Before an application is submitted, the employer should inform the applicant that the information he/she provides in accordance with this section may be used, and the applicant's previous employers may be contacted for the purpose of investigating the applicant's work history.

§2606. Employer Responsibilities.

(a) Each employer must require the applicant to provide the information specified in Section 2605(c).

(b) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:

(1) in which the driver has had his or her commercial driver license suspended, revoked, or cancelled by any State, is currently disqualified from driving a commercial vehicle, or has been issued an out of service order in any State, or;

(2) in which the driver has more than one driver license.

§2607. Commercial Driver License Required.

(a) Except when driving under a commercial driver instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being driven or while being tested by the Department for a commercial driver's license, no person may drive a commercial motor vehicle unless the person holds a commercial driver license and applicable endorsements valid for the vehicle he/she is driving and is in possession of such license.

(b) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, denied, cancelled, while disqualified, or in violation of an out of service order.

§2608. Commercial Driver License Qualification Standards.

(a) Testing.

(1) General - No person may be issued a commercial driver license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts G and H, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by State law or federal regulation. The tests must be prescribed and conducted by the Division of Motor Vehicles.

(2) Third Party Testing - The Division of Motor Vehicles may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency or instrumentality of local government, to administer the skills test specified by this Section, provided:

(i) the test is the same which would otherwise be administered by the State; and

(ii) the third party has entered into an agreement with the State which complies with requirements of 49 C.F.R. part 383.75.

(3) After June 30, 1992, only an agency of the State, as approved by the Division of Motor Vehicles, shall be permitted to administer the skills test specified by this Chapter.

(b) Waiver of Skills Test - The Division of Motor Vehicles may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R. part 383.77.

(c) Limitations on Issuance of License.

A commercial driver license, or commercial driver instruction permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver license is suspended, revoked, denied or cancelled in any State; nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other State unless the person first surrenders all such licenses, which must be returned to the issuing state(s) for cancellation.

(d) Commercial Driver Instruction Permit.

(1) A commercial driver instruction permit may be issued to an individual who holds a valid driver license who has passed the vision and written tests required for a commercial motor vehicle driver license.

(2) The commercial driver instruction permit may not be issued for a period to exceed six months. Only one renewal or re-issuance may be granted within a two-year period. The two-year period shall begin with the issuance date of the original permit. The holder of a commercial driver instruction permit may, unless otherwise disqualified, drive a commercial motor vehicle only when accompanied by the holder of a commercial driver license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.

§2609. Non-Resident COL. The Division of Motor Vehicles may Issue a Non-Resident CDL to a resident of a foreign jurisdiction If the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. part 383. The word "Non-Resident" must appear on the face of the Non-Resident CDL. An applicant must surrender any Non-Resident CDL issued by another State. Prior to issuing a Non-Resident CDL, the Division of Motor Vehicles must establish the practical capability of revoking, suspending, or cancelling the Non-Resident CDL and disqualifying that person with the same conditions applicable to the commercial driver license issued to a resident of this State.

§2610. Application for Commercial Driver License.

(a) The application for a commercial driver license or commercial driver instruction permit must include the following:

(1) the full name and current residential and mailing address of the person;

(2) a physical description of the person including sex, height, weight and eye color;

(3) date of birth;

(4) the applicant's Social Security Number;

(5) the person's signature;

(6) certifications including those required by 49 C.F.R. part 383.71 (a).

(7) any other information required by the Division of Motor Vehicles. (a) a consent to release driving record information.

(b) When the holder of a commercial driver license changes his or her name, residential address (mailing address), an application for a corrected license must be made as provided in this Title.

(c) No person who has been a resident of this State for 30 days may drive a commercial motor vehicle under the authority of a commercial driver license issued by another jurisdiction.

(d) Any person who knowingly falsifies information or certifications required under Subsection (a) of this section is subject to suspension, revocation, or cancellation of his or her commercial driver license for a period of at least 60 consecutive days and is guilty of perjury and shall be fined or imprisoned.

§2611. Commercial Driver License.

(a) Content of License.

The Commercial driver license must be marked "Commercial Driver License" or "CDL" and must be, the maximum extent practicable, tamper proof. It must include, but not be limited to, the following information:

(1) the name and residential address of the person;

(2) the person's color photograph;

(3) a physical description of the person Including sex, height, weight, and eye color;

(4) date of birth;

(5) the person's Social Security Number and any number or identifier deemed appropriate by the Division of Motor Vehicles.

(6) the person's signature;

(7) the class or type of commercial motor vehicle or vehicles which the person Is authorized to drive together with any endorsements or restrictions;

(8) the name of this State;

(9) the issue date of the current license; and

(10) the expiration date of the current license. (b) Classifications, Endorsements and Restrictions.

Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions; the holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued, and all lesser classes of vehicles except motorcycles and taxicabs which require special endorsements, unless the proper endorsement appears on the license;

(1) Classifications.

CDL Class A - Any combination of vehicles with a Gross Vehicle Weight Rating (GVWR) of 26,001 pounds or more, provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.

COL Class B - Any single vehicle with a GVWR of 26001 pounds or more, and any such vehicle towing a vehicle not in excess of 10,000 pounds.

CDL Class C - Any single vehicle with a GVWR of less than 26,001 pounds or any such vehicle towing a vehicle with a GVWR not in excess of 10,000 pounds comprising:

(i) Vehicles designed to transport 16 or more passengers, including the driver; and

(ii) Vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 C.F.R. part 172, subpart F.

(2) Endorsements and Restrictions.

"H" - Authorizes the driver to drive a vehicle transporting hazardous materials.

"L" - Restricts the driver to vehicles not equipped with airbrakes.

"1" - Authorizes driving double and triple trailers.

"P" - Authorizes driving vehicles carrying passengers.

"N" - Authorizes driving tank vehicles.

"X" - Represents a combination of hazardous materials and tank vehicle endorsements.

(c) Applicant Record Check.

Before issuing a commercial driver license, the Division of Motor Vehicles must obtain driver status information through the Commercial Driver License Information System, the National Driver Register, and from each State in which the person has been licensed.

(d) Notification of License Issuance.

Within ten days after issuing a commercial driver license, the Division of Motor Vehicles must notify the Commercial Driver License Information System of that fact, providing all information required to ensure identification of the person.

(e) Expiration of License.

Upon receipt of the application and fee and after such examination as provided in this Chapter, the Division shall issue, If the applicant has complied with the provisions of this Title, a commercial motor vehicle driver's license which shall expire and be renewable on the fifth anniversary date of the birth of the applicant next following the date of its issuance unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every fifth year.

(f) License Renewal Procedures.

Every person applying for renewal of a commercial driver license, must complete the application form required by section 2610(a), providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed. At the time of application for renewal, the applicant shall appear and be photographed.

(g) Fees.

(1) The fee for a commercial motor vehicle driver license shall be $30.00.

(2) The fee for a renewal of a commercial motor vehicle driver license shall be $30.00. A late fee of $1.00 shall be assessed in addition to the renewal fee for every person whose commercial motor vehicle driver license has expired.

(3) The fee for changing from one class to another class shall be $10.00, if the change requires a written examination or skills test. There shall be no fee assessed if the driver wishes to change to a class of a lower weight vehicle and such change is made at time of renewal of license.

(4) If the applicant wishes to add an endorsement after a commercial driver license has been issued, the fee for adding such endorsement shall be $5.00.

(5) Of each of the initial fee and the renewal fee for a commercial motor vehicle driver license collected pursuant to this section the sum of $17.50 is appropriated to the Department of Public Safety and shall be placed in a special account to be used only for expenses incurred by the Commercial Driver License Program.

§2612. Disqualification and Cancellation.

(a) Disqualification Offenses.

A person shall be disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of:

(1) Driving, operating or having in physical control a commercial motor vehicle under the influence of alcohol or a controlled substance, or any drug which impairs driving ability.

(2) Driving, operating or having in physical control a commercial motor vehicle while the alcohol concentration of the person's blood or breath is 0.04 or more.

(3) Knowingly and willfully leaving the scene of an accident involving a commercial motor vehicle driven by the person.

(4) Using a commercial motor vehicle in the commission of any felony as defined in this Act.

(5) Refusal to submit to a breath or blood test to determine the driver's alcohol concentration while driving, operating or having in physical control a commercial motor vehicle. If any of the above violations occurred while transporting a hazardous material required to be placarded, the person shall be disqualified for a period of three years.

(b) A person is disqualified for life if convicted of two or more violations of any of the offenses specified in paragraph (a), or any combination of those offenses, arising from two or more separate incidents.

(c) The Division of Motor Vehicles may issue regulations establishing guidelines, including conditions, under which a disqualification for life under paragraph (b) may be reduced to a period of not less than ten years.

(d) A person is disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance.

(e) A person is disqualified from driving a commercial motor vehicle for a period of sixty days if convicted of two serious traffic violations, or 120 days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three year period. Serious traffic violations, for purposes of this Section shall be those violations as defined by the United States Secretary of Transportation by regulation.

(f) After suspending, revoking, or cancelling a commercial driver license or permit, the Division of Motor Vehicles must update its records to reflect that action within ten days. After suspending, revoking or cancelling a nonresident commercial driver's privileges, the Division of Motor Vehicles must notify the licensing authority of the State which issued the commercial driver license or commercial driver instruction permit within ten days.

(g) A person who has been disqualified from operating a commercial motor vehicle pursuant to this chapter may be issued a license to operate a non-commercial motor vehicle during such disqualification period provided such person is not otherwise suspended, revoked or cancelled pursuant to this Title.

§2613. Prohibited Alcohol Offenses For Commercial Motor Vehicle Drivers.

(a) Notwithstanding any other provision of this Title, a person may not drive, operate, or be in physical control of a commercial motor vehicle within this State while having any measurable amount of alcohol in his or her system.

(b) A person who drives, operates, or is in physical control of a commercial motor vehicle within this State while having any measurable amount of alcohol in his or her system or who refuses to submit to an alcohol test as provided by Section 2614 of this Chapter, must be placed out-of-service for 24 hours.

(c) Any person who drives, operates or is in physical control of a commercial motor vehicle within this State with an alcohol concentration of 0.04 or more must, in addition to any other sanctions which may be imposed under this Title, be disqualified from driving a commercial motor vehicle under Section 2612 of this Chapter.

§2614. Implied Consent Requirements For Commercial Motor Vehicle Drivers.

(a) A person who drives a commercial motor vehicle within this State is deemed to have given consent, subject to provisions of this Title to take a test or tests of that person's blood or breath for the purpose of determining that person's alcohol concentration, or the presence of other drugs.

(b) A test or tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol or drugs in his or her system.

(c) A person requested to submit to a test as provided in subsection (a) above must be warned by the law enforcement officer requesting the test, that a refusal to submit to the test will result in that person being immediately placed out of service for a period of 24 hours and being disqualified from operating a commercial motor vehicle for a period of not less than one year under Section 2612 of this Chapter.

(d) If the person refuses testing, or submits to a test which discloses an alcohol concentration of 0.04 or more, the law enforcement officer must submit a sworn report to the Division of Motor Vehicles certifying that the test was requested pursuant to subsection (a) and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of 0.04 or more.

(e) Upon receipt of the sworn report of a law enforcement officer submitted under subsection (d), the Division of Motor Vehicles must disqualify the driver from driving a commercial motor vehicle under Section 2612 of this Chapter.

§2615. Notification of Traffic Convictions.

Within ten days after receiving a report of the conviction of any nonresident holder of a commercial driver license for any violation of State law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Division of Motor Vehicles must notify the driver licensing authority in the licensing State of the convicted driver.

§2616. Driving Record Information To Be Furnished.

Notwithstanding any other provision of law to the contrary, the Division of Motor Vehicles must furnish full information regarding the driving record of any person:

(a) to the driver license administrator of any other State, or Province or Territory of Canada, requesting that information;

(b) to any employer or prospective employer upon request and payment of a fee of $4;

(c) To other persons, pursuant to Section 305 of this Title.

§2611. Rulemaking Authority. The Department may adopt any rules and regulations necessary to carry out the provisions of this Chapter.

§2618. Authority To Enter Agreements. The Department may enter into or make agreements, arrangements, or declarations to carry out the provisions of this Chapter.

§2619. Reciprocity.

(a) Notwithstanding any law to the contrary, a resident of another State or province or territory of Canada may drive a commercial motor vehicle in this State if the person has a valid commercial motor vehicle driver license or valid commercial motor vehicle driver license instruction permit issued by that jurisdiction in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver licenses, if the person is not suspended, revoked, or cancelled; and if the person is not disqualified from driving a commercial motor vehicle, or subject to an "Out-of-Service" order.

(b) The Division of Motor Vehicles must give all out-of-state convictions full faith and credit and treat them for sanctioning purposes under this Chapter as if they occurred in this State.

§2620. False Statements; Incorrect Or Incomplete Information.

(a) Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed is guilty of perjury and shall be fined or imprisoned as are other persons committing perjury.

(b) Whoever provides information that is incorrect or incomplete when applying for a Commercial Driver's License is guilty of perjury and shall be fined or imprisoned as are other persons committing perjury.

(c) Any driver's license or driving privileges for a person guilty of this Section shall be forthwith suspended or cancelled.

§2621. Waivers For Commercial Driver License Provisions.

The provisions of this Chapter are waived for the following specific groups: (a) Farm vehicles which are:

(1) Controlled and operated by a farmer;

(2) Used to transport either agricultural products, farm machinery, farm supplies or both to or from a farm;

(3) Not used In the operations of a common or contract motor carrier;

(4) Used within 150 miles of the person's farm; and

(5) Not used for hire.

(b) Firefighting equipment which is:

(1) Used by any fire company in this State for the preservation of life or property or the execution of emergency governmental functions.

(2) Being operated under the authorization of a fire company for parades, special events, repair, service, delivery or other such authorized movements.

(c) Military equipment owned by the Department of Defense, including the National Guard, when operated by persons on active military duty or members of the reserves and National Guard on active full-time or part-time duty.

(d) Recreational vehicles or trailers as defined in Chapter 1 of this Title, which provide temporary living quarters and are used solely for recreational purposes.

§2622. Penalties.

Whoever violates Sections 2604, 2605(b & c), 2606, 2607, 2612 and 2613 of this Chapter shall for the first offense be fined not less than $200 nor more than $2,500. For subsequent offense the person shall be fined not less than $500 nor more than $5,000 or imprisoned for a term not to exceed 90 days, or both.

§2623. Other Penalties.

(a) Whoever violates this chapter shall for the first offense be fined not less than $50 nor more than $100. For each subsequent like offense, the person shall be fined not less than $100 nor more than $200 or imprisoned not less than 10 days nor more than 30 days or both.

(b) This section shall not apply to violations for which a specific penalty is set forth elsewhere in this Chapter.

§2624. Severability and Savings Clause.

(a) The provisions of This Act are severable, and, if any phase, clause, sentence, or provision of this Act, or the application of such phrase, clause, sentence, or provision shall be held invalid, the remainder of this Act and the application of such provision or provisions to persons of circumstances other than those to which it was held invalid or inconsistent shall not be affected thereby.

(b) Should any provisions of this Chapter conflict with other statutes, the provisions or requirements of this Chapter shall apply.

§2625. Jurisdiction.

Justices of the Peace shall have jurisdiction over violations of this Chapter."

Section 2. Amend Section 2702, Chapter 27, Title 21 of the Delaware Code, by striking subsection (c) in its entirety and inserting the following new subsection (c) to read as follows:

"(c) 1. When the licensee desires to change the type or class of license which he/she has been issued and such change requires another examination to be administered, a fee of $10 shall be assessed for such change.

2. When the licensee desires to add an endorsement or endorsements to his/her license, and the endorsement requires additional testing, a fee of $5 shall be assessed.

3. These fees shall not be imposed on motorcycle applicants for whom fees are required under Section 2703 of this Title."

Section 3. Amend Section 2707, Chapter 27, Title 21 of the Delaware Code, by striking subsection (a) in its entirety and inserting a new subsection (a) to read as follows:

"(a) 1. No operator's license shall be issued to any person under the age of 16 years. A Class A. CDL Class A, Class B, or CDL Class B license shall not be issued to any person under 18 years of age nor to any person 18 years of age or older who has not had at least one year's experience as an operator of a motor vehicle.

2. No endorsement for "L", "T", P. or "N" shall be issued to any person under 18 years of age or to any person 18 years of age or older who has not had at least one year's experience as an operator of a motor vehicle. No endorsement of "h" or "X" shall be issued to any person under 21 years of age or to any person 21 years of age or older who has not had at least one year's experience as an operator of a motor vehicle."

Section 4. Amend Section 2708, Chapter 27, Title 21 of the Delaware Code, by striking the words "under this section" as they appear in the first sentence of subsection (a) and insert in lieu thereof the words "under Chapters 26 and 27 of this Title".

Further amend Section 2708(a)(2) by striking the words "and not over 70 years of age".

Section 5. Amend Section 2709, Chapter 27, Title 21 of the Delaware Code, by striking the words "to be licensed as a school bus driver" as they appear in subsection (b) and insert in lieu thereof the words "to operate a school bus".

Section 6. Amend Section 2715, Chapter 27, Title 21 of the Delaware Code, by adding a new subsection (e) to read as follows:

"(e) Notwithstanding the fees as stated in this Section, the fees for commercial motor vehicle driver licenses as required in Chapter 26 of this Title, shall be those fees required in Section 2611(g)."

Section 7. Amend Section 2716, Chapter 27, Title 21 of the Delaware Code, by adding the following subsection (e) to read as follows:

"(e) Effective immediately with the effective date of this law, no more permanent licenses as permitted under this Section, shall be issued to applicants applying for commercial motor vehicle driver licenses pursuant to Chapter 26 of this Title.

Section 8. Amend Section 2718, Chapter 27, Title 21 of the Delaware Code, by inserting the words "social security number," between the words "age," and "residence".

Further amend Section 2718 by adding a new subsection (d) to read as follows:

"(d) The requirement for display of the social security number on each driver license shall take place at the time of renewal of such license, or at the time a new license is issued to the applicant for any reason."

Section 9. Amend Section 2720, Chapter 27, Title 21 of the Delaware Code, by striking the figures "$5" as they appear in subsection (c) and insert the figures "$10".

Section 10. Amend Section 2737, Chapter 27, Title 21 of the Delaware Code, by adding the words or disqualified" after the words "been suspended".

Further amend Section 2737 by adding the words "or disqualification" after the words "each suspension".

Section 11. Effective Date.

This Act shall become effective April 1, 1990.

Approved January 31, 1990.