CHAPTER 345

FORMERLY

HOUSE BILL NO. 463

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE ESTABLISHING NEW CDL DISQUALIFICATION OFFENSES AND LICENSING LIMITATIONS FOR COMMERCIAL MOTOR VEHICLE DRIVERS AND THEIR EMPLOYERS.

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

Section 1. Amend § 2603 Definitions, Title 21 of the Delaware Code, by renumbering the existing subparagraphs "(22), (23) and (24)" as subparagraphs "(23), (24) and (25)" and inserting as a new subparagraph "(22) Railroad-Highway Grade Crossing Violation" as follows:

"(22) 'Railroad-Highway Grade Crossing Violation' means convictions in a COMMERCIAL MOTOR VEHICLE of violations of a federal, State, or local law or regulation pertaining to one of the following six offenses at railroad-highway grade crossings:

a. for drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;

b. for drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;

c. for drivers who are always required to stop, failing to stop before driving onto the crossing;

d. for all drivers, failing to have sufficient space to drive completely through the crossing without stopping;

e. for all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; and

f. for all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.

Section 2. Amend § 2612 Disqualification and cancellation, Title 21 of the Delaware Code, by adding a new subparagraph "(i)" to read as follows:

"(i) A driver who is convicted of a railroad-highway grade crossing violation shall be disqualified for the following periods:

(1) First Violation. A driver must be disqualified for not less than 60 days if the driver is convicted of a first violation of a railroad-highway grade crossing violation.

(2) Second Violation. A driver must be disqualified for not less than 120 days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in separate incidents.

(3) Third or Subsequent Violation. A driver must be disqualified for one year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.".

Section 3. Amend § 2606 Employer responsibilities of Title 21 of the Delaware Code, by adding a new paragraph "(c)" to read as follows:

"(c) No employer may knowingly allow, require, permit, or authorize a driver to operate a COMMERCIAL MOTOR VEHICLE in violation of a federal, State, or local law or regulation pertaining to railroad-highway grade crossing violations.".

Section 4. Amend § 2607 Commercial driver license required of Title 21 of the Delaware Code, by striking paragraph "(b)" in its entirety and substituting in lieu thereof the following:

"(b) No person may drive a commercial motor vehicle while that person's driving privilege is denied, canceled, suspended, revoked, disqualified or in violation of an out-of-service order. Conditional or occupational licenses may not be issued to holders of CDL licenses, nor may any person drive a commercial motor vehicle while in possession of a conditional or occupational license.".

Approved June 30, 2002