CHAPTER 348

FORMERLY

SENATE BILL NO. 292

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCIAL DRIVER LICENSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Section 2612(h)(1) of Title 21 of the Delaware Code by deleting the number “90” in the first sentence and substituting in lieu thereof “180”.

Section 2. Amend Section 2612(h)(2) of Title 21 of the Delaware Code by deleting the phrase “1 year” in the first sentence and substituting in lieu thereof “2 years”.

Section 3. Amend Section 2612(h) of Title 21 of the Delaware Code by deleting paragraph (4) of that subsection in its entirety and by substituting the following in lieu thereof:

“(4) Additional penalties. – In addition to the disqualification, drivers convicted of violating an out of service order shall be fined not less than $2,500 nor more than $3,500 for a first conviction and not less than $5,000 nor more than $6,000 for a second or subsequent conviction within a ten year period. Employers convicted of violating an out-of-service order shall be fined not less than $2,750 nor more than $25,000.

Section 4. Amend Section 2622 of Title 21 of the Delaware Code by designating the existing text as subsection “(a)” and by inserting a new subsection (b) to read as follows:

“(b) This section shall not apply to violations for which a specific penalty is set forth elsewhere in this chapter.”

Section 5. This act shall become effective September 4, 2010.

Approved July 16, 2008