CHAPTER 217

FORMERLY

SENATE BILL NO. 191

AS AMENDED BY

HOUSE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCIAL DRIVER'S LICENSES AND COMMERCIAL MOTOR VEHICLES INCLUDING SCHOOL BUSES.

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

Section 1. Amend §2603, Title 21, Delaware Code by striking subsection (9) in its entirety and adding in lieu thereof the following:

“(9) ‘Disqualification’ means any of the following three actions:

(a) The suspension, revocation, or cancellation of a CDL by the State or jurisdiction of issuance.

(b) Any withdrawal of a person’s privileges to drive a Commercial Motor Vehicle (CMV) by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).”

(c) A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of 49 C.F.R.”

Section 2. Amend §2603, Title 21, Delaware Code by inserting a new subsection (26) to read as follows:

“(26) ‘Driving a commercial motor vehicle while under the influence of alcohol’ means committing any one or more of the following acts in a CMV –

(a) Driving a CMV while the person’s alcohol concentration is 0.04 or more;

(b) Driving under the influence of alcohol as prescribed by State law; or

(c) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of § 383.51(b) or § 392.5(a)(2) of 49 C.F.R.”

Section 3. Amend §2603, Title 21, Delaware Code by striking subsection (20) in its entirety and adding in lieu thereof the following:

“(20) ‘Nonresident CDL’ means a CDL issued by a State under either of the following two conditions:

(a) To an individual domiciled in a foreign country meeting the requirements of § 383.23(b)(1) of 49 C.F.R.

(b) To an individual domiciled in another State meeting the requirements of § 383.23(b)(2) of 49 C.F.R.”

Section 4. Amend §2603, Title 21, Delaware Code by striking subsection (23) in its entirety and inserting in lieu thereof the following:

“(23) ‘Serious traffic violation’ means conviction of any of the following offenses when operating a CMV, except weight, defect and parking violations:

(a) Excessive speeding, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit;

(b) Reckless driving, as defined by State or local law or regulation, including but not limited to offenses of driving a CMV in willful or wanton disregard for the safety of persons or property;

(c) Improper or erratic traffic lane changes;

(d) Following the vehicle ahead too closely;

(e) A violation, arising in connection with a fatal accident, of State or local law relating to motor vehicle traffic control;

(f) Driving a CMV without obtaining a CDL;

(g) Driving a CMV without a CDL in the driver’s possession. Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, shall not be guilty of this offense; or

(h) Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.”

Section 5. Amend §2603, Title 21, Delaware Code by adding a new subsection (27), to read as follows:

“(27) ‘Fatality’ means the death of a person as a result of a motor vehicle accident.”

Section 6. Amend §2603, Title 21, Delaware Code by adding a new subsection (28) to read as follows:

“(28) ‘Imminent hazard’ means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.”

Section 7. Amend §2603, Title 21, of the Delaware Code by adding a new subsection (29) to read as follows:

“(29) ‘Non-CMV’ means a motor vehicle or combination of motor vehicles not defined by the term ‘commercial motor vehicle (CMV)’ in this section.”

Section 8. Amend §2603, Title 21, Delaware Code by adding a new subsection (30) to read as follows:

“(30) ‘School bus’ means a CMV used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events, or any vehicle defined as a school bus in Chapter 21, Section 101 (51). School bus does not include a bus used as a common carrier.”

Section 9. Amend §2609, Title 21, Delaware Code by designating the existing section as subsection (a) and inserting a new subsection (b) as follows:

“(b) Exception.

(1) If a CMV operator is not domiciled in a foreign jurisdiction which the Administrator has determined tests drivers and issues CDLs in accordance with, or under standards similar to the standards contained in subparts F, G, and H of 49 C.F.R Part 383, the person may obtain a Nonresident CDL from a State which does comply with the testing and licensing standards contained in such subparts F, G and H of 49 CFR Part 383.

(2) If an individual is domiciled in a State while that State is prohibited from issuing CDLs in accordance with “49 C.F.R. § 384.405” of this subchapter, that individual is eligible to obtain a Nonresident CDL from any State that elects to issue a Nonresident CDL and which complies with the testing and licensing standards contained in subparts F, G, and H of 49 C.F.R. Part 383.”

Section 10. Amend §2612, Title 21, Delaware Code by deleting the section in its entirety and substituting in lieu thereof the following:

Ҥ 2612. Disqualification and cancellation.

(a) A person operating a CMV while either holding a CDL license or being required to hold a CDL license or any CDL holder operating a non-CMV shall be disqualified from driving a commercial motor vehicle for a period of not less than 1 year if convicted of a 1st violation of the following in accordance with 49 C.F.R. Section 383.51; Table 1:

(1) Driving, operating or having in physical control a non-commercial vehicle or 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.

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

(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 motor vehicle.

(6) Using the vehicle to commit a felony, other than a felony described in paragraph (d) of this section.

(7) Driving a commercial motor vehicle when, as a result of prior violations committed operating a commercial motor vehicle, the driver’s CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle.

(8) Causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.

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 3 years.

(b) A person is disqualified for life if convicted of 2 or more violations of any of the offenses specified in subsection (a) of this section, or any combination of those offenses, arising from 2 or more separate incidents.

(c) The Division of Motor Vehicles may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (b) of this section may be reduced to a period of not less than 10 years.

(d) A person is disqualified from driving a commercial motor vehicle for life who uses a 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 60 days if convicted of 2 serious traffic violations, or 120 days if convicted of 3 or more serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a 3-year period or committed while operating a non-commercial motor vehicle if the conviction results in the revocation, cancellation, or suspension of the person’s license or non-commercial motor vehicle driving privileges. Serious traffic violations for purposes of this section shall be those violations as specified in 49 C.F.R. § 383.51 (Table 2).

(f) After suspending, revoking, or canceling a commercial driver license or permit, the Division of Motor Vehicles must update its records to reflect that action within 10 days. After suspending, revoking or canceling 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 10 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 canceled pursuant to this title.”

(h) After September 30, 1997, a driver who is convicted of violating an out-of-service order is disqualified for the following periods in accordance with 49 C.F.R. Section 383.51: Table 4:

(1) First violation - A driver shall be disqualified for a period of not less than 90 days or more than 1 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 it 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 or more than 2 years.

(2) Second Violation - A driver shall be disqualified for a period of not less than 1 year nor more than 5 years if, during any 10-year period, the driver is convicted of 2 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 3 years nor more than 5 years.

(3) Third or subsequent violations - A driver shall be disqualified for a period of not less than 3 years nor more than 5 years; if, during any 10-year period the driver is convicted of 3 or more violations of out-of-service orders in separate incidents.

(4) Additional Penalties - In addition to the disqualification, drivers may be fined not less than $1,000 or 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 or more than $10,000.

(i) A driver who is convicted of a railroad-highway grade crossing violation shall be disqualified for the following periods in accordance with 49 C.F.R. Section 383.51: Table 3:

(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 a 3-year period, the driver is convicted of a second railroad-highway grade crossing violation, in a separate incident.

(3) Third or subsequent violation - A driver must be disqualified for 1 year if, during any 3-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in a separate incident.

(j) The Division of Motor Vehicles will disqualify a Delaware CDL licensee if the Federal Motor Carrier Safety Administrator declares the licensee not qualified and orders disqualification for them.”

Section 11. Amend §2610, Title 21 of the Delaware Code by adding new paragraphs 2610(a)(9) and (a)(10) to read as follows:

“(9) The applicant surrenders his or her non-commercial driver license to the Division.

(10) The applicant provides the names of all States where the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years.”

Section 12. Amend §2611, Title 21, Delaware Code by striking subsection (f) in its entirety and substituting in lieu thereof the following:

“(f) License transfer and renewal procedures. - Every person applying for a license transfer or renewal of a commercial driver license must complete the application form required by § 2610(a) providing updated information and required certifications, supplying any CDL issued by the previous state, and provide the names of all States where the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years. If the applicant wishes to retain a hazardous materials endorsement, the applicant must have passed the tests required by 49 C.F.R. § 383.121. At the time of application for a transfer, the applicant shall appear and be photographed.”

Section 13. Amend of Title 21, Delaware Code by adding a new subparagraph to § 2611(b)(2) to read as follows:

“(g) S - Authorizes driving school buses.”

Section 14. Amend §2708(b)(3), Title 21, Delaware Code by adding at the end of the first sentence the words:

“and including the knowledge specified in 49 C.F.R. 383.123(a)(2)”.

Section 15. Amend §2708(b)(4), Title 21, Delaware Code by deleting the second sentence and by adding at the end of the first sentence the following words:

“and until September 30, 2005 has otherwise met the conditions of 49 C.F.R. §383.123(b).”

Section 16. Amend §4702(a), Title 21, Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

“(a) The State hereby adopts the following parts of the Code of Federal Regulations, Title 49, Chapter III, Subchapter B, except as modified by this chapter. Part 390, Part 391, Part 392, Part 393, Part 395, Part 396 and Part 397 adopted pursuant to the Transportation Article of the United States Code (49 U.S.C.).”

Section 17. Amend § 4702(b), Title 21, Delaware Code by deleting the phrase “with a gross registered weight” and adding after the word “combination” and before the word “of” the following:

“operated in intrastate commerce with a gross vehicle weight rating or gross vehicle weight”.

Section 18. Amend §4702(b)(2), Title 21, Delaware Code by deleting the phrase “15 or less” and substituting in lieu thereof the following:

“16 or more”.

Section 19. Amend § 4703, Title 21, Delaware Code by deleting existing subsections (a) and (b) and adding a new subsection (a) to read as follows:

“(a) Amend § 390.3 of Part 390 by adding ‘and intrastate’ after the word ‘interstate’ and before the word ‘commerce’.”.

Section 20. Amend §4704, Title 21, Delaware Code by deleting subsections (b), (c), (d) and (e) in their entirety and designating the former subsection (f) as new subsection (b).

Section 21. Amend §4705, Title 21, Delaware Code by deleting subsection (c) in its entirety.

Section 22. Amend §4706, Title 21, Delaware Code by deleting the section in its entirety.

Section 23. Amend §4707, Title 21, Delaware Code by deleting subsection (a) in its entirety and designating former subsection (b) as new subsection (a).

Section 24. Amend §4708, Title 21, Delaware Code by deleting subsection (b) in its entirety and designating former subsection (c) as new subsection (b).

Section 25. The provisions of this Bill will become effective on September 30, 2005.

Approved April 6, 2004