CHAPTER 220

FORMERLY

SENATE BILL NO. 156

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MEDICAL STANDARDS PERTAINING TO INTRA-STATE ONLY COMMERCIAL DRIVER LICENSED DRIVERS AND FOR EMPLOYEES WHO OPERATE COMMERCIAL MOTOR VEHICLES FOR STATE AND OTHER GOVERNMENT ENTITIES.

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

Section 1. Amend Section 4704(b) [Effective September 30, 2005] of Title 21 of the Delaware Code by deleting said subsection in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

“(b) Intra-State Only Restricted Commercial Driver License Medical Waiver Program.

Persons who are not physically qualified to drive a commercial motor vehicle per 49 C.F.R. Section 391.41 may apply for an intra-State only restricted commercial driver license waiver provided they are otherwise qualified to drive a motor vehicle, other than a motor vehicle which requires endorsements to transport passengers or hazardous materials, and meet the other provisions of this subsection, Title 21 and the Federal Motor Carrier Regulations.

The applicant must provide evidence and certify to the Secretary of Transportation that they have: (i) held a CDL and were employed on a full time basis in the operation of motor vehicles weighing over 26,000 pounds for at least 4 years during the previous 6 years; (ii) not had a CDL disqualification during the previous 6 years; (iii) not incurred 4 or more serious traffic violations, railroad-highway grade crossing offenses or out-of-service violations during the previous 6 years.

The Division will establish policy to administer the CDL medical waiver program. The applicant must provide recent physical examinations signed by the driver’s primary physician and, if appropriate, from a medical specialist. The Division may require the applicant to successfully complete a training course and evaluation by a physical rehabilitation center. The Division may refer individual applications to the Medical Advisory Board for their advice concerning the applicant’s ability to safely operate motor vehicles weighing more than 26,000 pounds. The driver may be required to successfully complete the CDL knowledge tests and CDL road skill test prior to issuing an intra-State only restricted CDL license.

A “K” restriction will be added to the CDL driver license once a medical waiver is granted. The CDL medical waiver expires on the CDL expiration date or upon a date determined by the Division, whichever is earlier. Ninety days before the CDL medical waiver expires, the Division will notify the driver by letter using the address of record that the driver must reapply for a CDL medical waiver to continue operating a commercial motor vehicle in this State. However, once an applicant is initially granted a CDL medical waiver, the Division may issue a 90-day temporary CDL medical waiver pending the results of medical or rehabilitation examinations.”

Section 2. Amend Section 4704 [Effective September 30, 2005] of Title 21 of the Delaware Code by adding a new subsection (c) to read as follows:

“State, county and local government employees who hold a commercial driver license and operate commercial motor vehicles as defined by §2603(6) as part of their official duties for the State or any political subdivision therein, shall meet the Federal physical qualifications and examination requirements found in 49 C.F.R. Part 391, Subsection E unless approved for an intra-State only restricted commercial driver license in accordance with Section 4704(b).”

Section 3. Amend Section 2611(b)(2) of Title 21 by adding a new subsection “h” to read,

“h. ‘K’ – restricts CDL drivers to operating commercial motor vehicles only within this State.

Approved August 17, 2005