CHAPTER 87

FORMERLY

HOUSE BILL NO. 236

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21, DELAWARE CODE RELATING TO THE UNIFORM COMMERCIAL DRIVERS ACT.

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

Section 1. Amend § 2603, Title 21, Delaware Code by striking subsection (21) in its entirety and substituting in lieu thereof the following:

"(21) 'Out-of-service order' means a declaration by the Federal Highway Administration or an authorized enforcement officer of a federal, state, local, or governmental agency from Puerto Rico, Canada or Mexico, that a driver, or a commercial motor vehicle, or motor carrier operation (as defined in the Federal Motor Carrier Safety Regulations), is out-of-service pursuant to § 386.72 (imminent hazard), § 392.5 (intoxicating beverage), § 395.13 (drivers declared out-of-service), or § 396.9 (inspection of motor vehicles in operation), of the Federal Motor Carrier Safety Regulations, or comparable laws of any governmental agency referred to above, or the North American Uniform Out-of-Service Criteria."

Section 2. Further Amend § 2603, Title 21, Delaware Code, by striking subsection (23) in its entirety and substituting in lieu thereof the following:

"(23) 'State' for the purpose of this Chapter means a state, territory or possession of the United States, the District of Columbia, the Republic of Mexico, the Commonwealth of Puerto Rico, and any province of the Dominion of Canada."

Section 3. Amend § 2612, Title 21, Delaware Code by inserting as new § 2612(h) the following:

"(h) After September 30, 1997, a driver who is convicted of violating an out-of-service order is disqualified for the following periods:

(1) First Violation. A driver shall be disqualified for a period of not less than 90 days nor more than one year, if the driver is convicted of a first violation of an out-of-service order. If any such driver is transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or is operating a motor vehicle designed to transport more than 15 passengers, including the driver, that driver shall be disqualified for a period of not less than 180 days nor more than two years.

(2) Second Violation. A driver shall be disqualified for a period of not less than one year, nor more than five years if, during any 10-year-period, the driver is convicted of two- violations of out-of-service orders in separate incidents. If any such driver is transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or is operating a motor vehicle designed to transport more than 15 passengers, including the driver, that driver shall be disqualified for a period of not less than three years nor more than five years.

(3) Third or Subsequent Violations. A driver shall be disqualified for a period not less than three years nor more than five years if, during any ten year period the driver is convicted of three or more violations of out-of-service orders in separate incidents.

(4) Additional Penalties. In addition to disqualification, drivers may be fined not less than $1,000 nor more than $2,500 if convicted of violating an out-of-service order. Employers convicted of violating an out-of-service order may be fined not less than $2,500 nor more than $10,000."

Approved June 26, 1997