CHAPTER 216

FORMERLY

SENATE BILL NO. 171

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES AND HAZARDOUS MATERIALS ENDORSEMENTS ON COMMERCIAL DRIVER LICENSES.

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

Section 1. Amend Chapter 26, section 2603 of Title 21 of the Delaware Code by adding a new subsection to read as follows:

“(26) ‘Alien’ means any person not a citizen or national of the United States.”

Section 2. Amend Chapter 26, section 2603 of Title 21 of the Delaware Code by striking subsection (6) in its entirety and substituting in lieu thereof the following:

“(6) ‘Commercial motor vehicle (CMV)’ means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle

(a) Has a gross combination weight rating (GCWR) of 26,001 pounds or more inclusive of a towed unit(s) with a gross vehicle weight rating (GVWR) of more than 10,000 pounds; or

(b) Has a gross vehicle weight rating (GVWR) of 26,001 pounds or more; or

(c) Is designed to transport 16 or more passengers, including the driver; or

(d) Is of any size and is used in the transportation of hazardous materials.”

Section 3. Amend Chapter 26, subsection 2603 of Title 21 of the Delaware Code by striking subsection (17) in its entirety and substituting in lieu thereof the following:

“(17) ‘Hazardous material’ means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.”

Section 4. Amend Chapter 26, subsection 2608(d) (2) of Title 21 of the Delaware Code by changing the “(.)” at the end of that subsection to a “(;)” and adding the following:

“provided that the commercial driver instruction permit holder may not operate a commercial motor vehicle transporting hazardous materials as defined in sec. 2603(17) of this Chapter.”

Section 5. Amend Chapter 26, section 2610(a) of Title 21 of the Delaware Code by adding a new subsection (9) to read as follows:

“(9) If applying for a hazardous materials endorsement, comply with Transportation Security Administration requirements codified in 49 CFR Part 1572, and provide proof of citizenship, by presenting a United States Passport, a certificate of birth that bears an official seal and was issued by a State, county, municipal authority or outlying possession of the United States, a Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545 or DS-1350), a Certificate of Naturalization (Form N-550 or N-570), a certificate of U.S. Citizenship (Form N-560 or N-561) or immigration status by presenting a Permanent Resident Card, Alien Registration Receipt Card (Form 1-551), Temporary I-551 stamp in foreign passport, a Temporary 1-551 stamp on Form 1-94, Arrival/Departure Record with photograph of the bearer or a Reentry Permit (Form 1-327). A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide his or her Bureau of Citizenship and Immigration Services (BCIS) Alien registration number.”

Section 6. Amend Chapter 26, subsection 2611(f) of Title 21 of the Delaware Code by deleting the first sentence and adding in lieu thereof the following:

“(f) License transfer and renewal procedure. - Every person applying for transfer or renewal of a commercial driver license must complete the application form required by § 2610(a), providing updated information and required certifications.”

Approved April 6, 2004