CHAPTER 134

FORMERLY

SENATE BILL NO. 51

AS AMENDED BY

SENATE AMENDMENT NOS. 2 AND 4

AN ACT TO AMEND TITLE 21, DELAWARE CODE, CLARIFYING LAWS CONCERNING COMMERCIAL DRIVERS.

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

Section 1. Amend §2606, Chapter 26, Title 21, Delaware Code, by striking the word "knowingly" as it appears in §2606(b).

Section 2. Amend §2606, Chapter 26, Title 21, Delaware Code, by adding to §2606(b) a new §2606(b)(3) to read as follows:

"(3) In which the driver does not have a CDL license for the type vehicle the employer requires the driver to drive."

Section 3. Amend §2607, Chapter 26, Title 21, Delaware Code by striking §2607(b) in its entirety and substituting in lieu thereof the following:

"(b) No person may drive a commercial motor vehicle while his or her driving privilege is denied, canceled, disqualified, or in violation of an out of service order. When a CDL driver is eligible for an occupational license as provided for in §2733 (g) or §2118 (r) of this Title, or a conditional license as provided in §4177C or §4177E of this Title, the occupational or conditional license may include CDL privileges. However, notwithstanding these provisions, a driver licensee who has been CDL disqualified may not be issued an occupational or conditional CDL license."

Section 4. Amend §2611, Chapter 26, Title 21, Delaware Code, by changing the figure "$1" as it appears in §2611(g)(2) to "$1.15".

Section 5. Amend Title 21 of the Delaware Code by adding thereto a new §4177J to read as follows:

"§4177J. Operating a Commercial Motor Vehicle With a Prohibited Blood Alcohol Concentration Or While Impaired By Drugs.

No person shall drive, operate, or have actual physical control of a commercial motor vehicle with an alcohol concentration of .04 or more in his or her blood or breath or having used a controlled substance or any drug which impairs driving ability. Any person who violates this section shall be subject to the provisions of Chapter 26 of this Title. Prosecution under this section does not preclude prosecution under any other section of the Delaware Code. 'Alcohol concentration of .04 or more' shall mean (I) an amount of alcohol in a sample of a person's blood equivalent to .04 or more grams of alcohol per hundred milliliters of blood; or, (2) an amount of alcohol in a sample of a person's breath equivalent to .04 or more grams per two hundred ten liters of breath."

Approved July 6, 1995