TITLE 21

Motor Vehicles

Registration, Title and Licenses

CHAPTER 26. UNIFORM COMMERCIAL DRIVER LICENSE ACT


This chapter may be cited as the "Uniform Commercial Driver License Act."

67 Del. Laws, c. 157, § 1.;

(a) The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub. Law 99-570) [49 U.S.C. § 521, Appendix §§ 2304, 2701-2716; repealed] and reduce or prevent commercial motor vehicle accidents, fatalities and injuries by:

(1) Permitting commercial drivers to hold only 1 license;

(2) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;

(3) Strengthening commercial driver licensing and testing standards.

(b) This chapter is a remedial law and shall be liberally construed to promote the public health, safety and welfare. To the extent that this chapter conflicts with general driver licensing provisions, this chapter prevails. Where this chapter is silent, the general driver licensing provisions apply.

67 Del. Laws, c. 157, § 1.;

Notwithstanding any other provision of this title, the following definitions apply to this chapter:

(1) "Alcohol" means any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol and isopropanol.

(2) "Alcohol concentration" means:

a. The number of grams of alcohol per 100 milliliters of blood; or

b. The number of grams of alcohol per 210 liters of breath.

(3) "Alien" means any person not a citizen or national of the United States."

(4) "CDL downgrade" means either:

a. Except where otherwise provided in this title, the Division allows the driver to change his or her self-certification to interstate but operating exclusively in transportation or operation excepted from 49 C.F.R. Part 391, as provided in § 390.3(f), § 391.2, § 391.68, or § 398.3;

b. The Division allows the driver to change his or her self-certification to intrastate only if the driver is physically qualified for intrastate-only driving under § 4704(b) of this title;

c. The Division allows the driver to change his or her certification to intrastate but operating exclusively in transportation or operations excepted under § 4704(c)(1) [or] (2) of this title driver physical qualification requirements; or

d. The Division removes the CDL privilege from the driver license.

(5) "CDLIS driver record" means the electronic record of the individual CDL driver's status and history stored by the state of record as part of the Commercial Driver's License Information System (CDLIS) established under 49 U.S.C. § 31309.

(6) "CDLIS motor vehicle record" means a report generated from the CDLIS driver record meeting the requirements for access to CDLIS information and provided by states to users authorized in 49 C.F.R. § 384.225(e)(3) and (4), subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. §§ 2721-2725, and § 305 of this title.

(7) "Commercial driver instruction permit" means a permit issued pursuant to § 2608(d) of this title.

(8) "Commercial driver license" (CDL) means a license issued in accordance with the requirements of this chapter to an individual which authorizes the individual to drive a certain class of commercial motor vehicle.

(9) "Commercial driver license information system" (CDLIS) means the information system established pursuant to the CMVSA to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

(10) "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.

(11) "Controlled substance" means any substance so classified under § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)), and includes all substances listed on Schedules I through V, of 21 C.F.R. part 1308, as they may be revised from time to time.

(12) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

(13) "Disqualification" means any of the following 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.

(14) "Drive" means to drive, operate or be in physical control of a motor vehicle.

(15) "Driver" means any person who drives, operates, or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver license.

(16) "Driver license" means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle.

(17) "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.

(18) "Employer" means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle.

(19) "Excepted interstate commerce" means a CDL applicant must certify that he or she operates or expects to operate in interstate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. § 390.3(f), § 391.2, § 391.68, or § 398.3 from all or parts of the qualification requirements of 49 C.F.R. Part 391 and is, therefore, not required to obtain a federal medical examiner's certification by 49 C.F.R. § 391.45.

(20) "Excepted intrastate commerce" means a CDL applicant must certify that he or she operates in intrastate commerce but engages exclusively in transportation or operations excepted from all or parts of the Delaware's driver medical qualification requirements in §§ 2621 and 4704(c)(2) of this title.

(21) "Fatality" means the death of a person as a result of a motor vehicle accident.

(22) "Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding 1 year.

(23) "FMCSA" means Federal Motor Carrier Safety Administration.

(24) "Foreign jurisdiction" means any jurisdiction other than a state of the United States.

(25) "Gross vehicle weight rating" (GVWR) means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. The GVWR of a combination (articulated) vehicle (commonly referred to as the "Gross Combination Weight Rating" or "GCWR") is the GVWR of the power unit plus the GVWR of the towed unit or units.

(26) "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 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.

(27) "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.

(28) "Issue and issuance" means initial licensure, license transfers, license renewals, license upgrades, and nonresident commercial driver's licenses.

(29) "Measurable amount of alcohol" means the alcohol concentration of the person's blood or breath is equal to or greater than 0.02 but less than 0.04.

(30) "Medical examiner" for purposes of conducting U.S. Department of Transportation physical examination for CMV certification means a person who is licensed, certified, and/or registered, in accordance with applicable state laws and regulations, to perform physical examinations. The term includes but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic.

(31) "Medical variance" means a driver has received 1 of the following from FMCSA that allows the driver to be issued a medical certificate:

a. An exemption letter permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. Part 381, Subpart C, or § 391.64;

b. A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. § 391.49.

(32) "Motor vehicle" means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except vehicles moved solely by human power, motorized wheel chairs, farm implements of husbandry, mopeds, tripeds and OHVs.

(33) "Motor vehicle record" means the report of the driving status and history of a driver generated from the driver record, provided to users, such as drivers or employers, and subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. §§ 2721-2725 and § 305 of this title.

(34) "Non-CMV" means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle (CMV)" in this section.

(35) "Nonexcepted interstate commerce" means a CDL applicant must certify that he or she operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under 49 C.F.R. Part 391, and is required to obtain a federal medical examiner's certification by 49 C.F.R. § 391.45.

(36) "Nonexcepted intrastate commerce" means a CDL applicant must certify that he or she operates only in intrastate commerce and, therefore, is subject to the Delaware driver medical qualification requirements in § 4704(a), (b), and (c)(1) of this title.

(37) "Nonresident CDL" means a CDL issued by a State under either of the following 2 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.

(38) "Out-of-service order" means a declaration by the Federal Highway Administration or an authorized enforcement officer of a federal, state, local or governmental agency from Puerto Rico, Canada or Mexico that a driver or a commercial motor vehicle or motor carrier operation (as defined in the Federal Motor Carrier Safety Regulations [49 C.F.R. Part 390]) is out-of-service pursuant to § 386.72 (imminent hazard), § 392.5 (intoxicating beverage), § 395.13 (drivers declared out-of-service) or § 396.9 (inspection of motor vehicles in operation) of the Federal Motor Carrier Safety Regulations or comparable laws of any governmental agency referred to above or the North American Uniform Out-of-Service Criteria.

(39) "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 1 of the following 6 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.

(40) "School bus" means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events, or any vehicle which meets the regulatory requirements adopted by the Department of Education with the advice of the Division of Motor Vehicles as specified under § 2901 of Title 14. "School bus" does not include a bus used as a common carrier.

(41) "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 wilful 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.

(42) "State" for the purpose of this chapter means a state, territory or possession of the United States, the District of Columbia, the Republic of Mexico, the Commonwealth of Puerto Rico and any province of the Dominion of Canada.

(43) "United States" means the 50 states and the District of Columbia.

67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 87, §§ 1, 2; 73 Del. Laws, c. 345, § 1; 74 Del. Laws, c. 216, §§ 1-3; 74 Del. Laws, c. 217, §§ 1-8; 75 Del. Laws, c. 391, §§ 1, 2; 77 Del. Laws, c. 311, § 1; 77 Del. Laws, c. 312, § 9; 78 Del. Laws, c. 87, § 1.;

No person who drives a commercial motor vehicle may have more than 1 driver license.

67 Del. Laws, c. 157, § 1.;

(a) Notification of convictions.

(1) To State. — Any driver holding a commercial driver license issued by this State, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in this or any other state, other than parking violations, shall notify the Division of Motor Vehicles in the manner specified by the Division of Motor Vehicles within 30 days of the date of conviction.

(2) To Employers. — Any driver holding a commercial driver license issued by this State, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, must notify the person's employer in writing of the conviction within 30 days of the date of conviction.

(b) Notification of suspensions, revocations and cancellations. — Each driver whose driver license is suspended, revoked, or canceled by any state, or who loses the privilege to drive a commercial motor vehicle in any state, for any period, including being disqualified from driving a commercial motor vehicle, or who has been issued an out of service order, must notify the person's employer of that fact before the end of the business day following the day the driver received notice of that fact.

(c) Notification of previous employment.

(1) Each person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the 10 years preceding the date of application:

a. A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;

b. The dates between which the applicant drove for each employer; and

c. The reason for leaving that employer.

(2) The applicant must certify that all information furnished is true and complete.

(3) An employer may require an applicant to provide additional information to substantiate the statements made in conjunction with this section.

(4) Before an application is submitted, the employer should inform the applicant that the information the applicant provides in accordance with this section may be used, and the applicant's previous employers may be contacted for the purpose of investigating the applicant's work history.

67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1.;

(a) Each employer must require the applicant to provide the information specified in § 2605(c) of this title.

(b) No employer may allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:

(1) In which the driver has had a commercial driver license suspended, revoked, or canceled by any state, is currently disqualified from driving a commercial vehicle, or has been issued an out of service order in any state; or

(2) In which the driver has more than 1 driver license.

(3) In which the driver does not have a CDL license for the type vehicle the employer requires the driver to drive.

(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.

(d) No employer may knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of an out-of-service order.

67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 134, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 345, § 3; 77 Del. Laws, c. 311, § 2.;

(a) Except when driving under a commercial driver instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being driven or while being tested by the Department for a commercial driver's license, no person may drive a commercial motor vehicle unless the person holds a commercial driver license and applicable endorsements valid for the vehicle being driven and is in possession of such license.

(b) No person may drive a commercial motor vehicle while that person's driving privilege is denied, withdrawn, barred, canceled, suspended, revoked, or disqualified.

(c) No person may drive a commercial motor vehicle in violation of an out-of-service order.

(d) No person may drive a commercial motor vehicle while an out-of-service order is in effect while transporting hazardous materials required to be placarded or while operating a vehicle designed to transport 16 or more passengers, including the driver.

(e) 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.

(f) Any violation of this section shall be an unclassified misdemeanor, with the penalties set forth in § 2622 of this title.

67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 134, § 3; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 345, § 4; 75 Del. Laws, c. 391, § 3; 77 Del. Laws, c. 60, § 8.;

(a) Testing.

(1) General. — No person may be issued a commercial driver license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts G and H, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the Division of Motor Vehicles.

(2) Third-party testing. — The Division of Motor Vehicles may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency or instrumentality of local government, to administer the skills test specified by this section, provided:

a. The test is the same which would otherwise be administered by the State; and

b. The third party has entered into an agreement with the State which complies with requirements of 49 C.F.R. part 383.75.

(3) Testing by State. — After June 30, 1992, only an agency of the State, as approved by the Division of Motor Vehicles, shall be permitted to administer the skills test specified by this chapter.

(b) Waiver of skills test. — The Division of Motor Vehicles may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R. part 383.77.

(c) Limitations on issuance of license. — A commercial driver license, or commercial driver instruction permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver license is suspended, revoked, denied or canceled in any state; nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all such licenses, which must be returned to the issuing state(s) for cancellation.

(d) Commercial driver instruction permit.

(1) A commercial driver instruction permit may be issued to an individual who holds a valid driver license who has passed the vision and written tests required for a commercial motor vehicle driver license.

(2) The commercial driver instruction permit may not be issued for a period to exceed 6 months. Only one renewal or re-issuance may be granted within a 2-year period. The 2-year period shall begin with the issuance date of the original permit. The holder of a commercial driver instruction permit may, unless otherwise disqualified, drive a commercial motor vehicle only when accompanied by the holder of a commercial driver license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle; provided that the commercial driver instruction permit holder may not operate a commercial motor vehicle transporting hazardous materials as defined in § 2603 of this chapter.

67 Del. Laws, c. 157, § 1; 74 Del. Laws, c. 216, § 4; 78 Del. Laws, c. 87, § 1.;

(a) The Division of Motor Vehicles may issue a nonresident CDL to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. part 383. The word "nonresident" must appear on the face of the nonresident CDL. An applicant must surrender any nonresident CDL issued by another state. Prior to issuing a nonresident CDL, the Division of Motor Vehicles must establish the practical capability of revoking, suspending, or cancelling the nonresident CDL and disqualifying that person with the same conditions applicable to the commercial driver license issued to a resident of this State.

(b) Exceptions.

(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 C.F.R. 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", 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.

67 Del. Laws, c. 157, § 1; 74 Del. Laws, c. 217, § 9.;

(a) The application for a commercial driver license or commercial driver instruction permit must include the following:

(1) The full name and current residential and mailing address of the person;

(2) A physical description of the person including sex, height, weight and eye color;

(3) Date of birth;

(4) The applicant's Social Security number;

(5) The person's signature;

(6) Certifications including those required by 49 C.F.R. part 383.71(a);

(7) Any other information required by the Division of Motor Vehicles;

(8) A consent to release driving record information; and

(9) Delaware adopts by reference 49 C.F.R. Part 1572. If applying for a hazardous materials endorsement, comply with Transportation Security Administration requirements codified in 49 C.F.R. 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 I-551), Temporary I-551 stamp in foreign passport, a Temporary I-551 stamp on Form I-94, Arrival/Departure Record with photograph of the bearer or a Reentry Permit (Form I-327). A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide that lawful permanent resident's Bureau of Citizenship and Immigration Services (BCIS) Alien registration number.

(10) The applicant's noncommercial and commercial driver license from any other jurisdiction is surrendered to the Division.

(11) 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.

(b) When the name or residential address (mailing address) of a holder of a commercial driver's license changes, an application for a corrected license must be made as provided in this title.

(c) No person who has been a resident of this State for 30 days may drive a commercial motor vehicle under the authority of a commercial driver license issued by another jurisdiction.

(d) Any person who knowingly falsifies information or certifications required under subsection (a) of this section is subject to suspension, revocation, or cancellation of the person's commercial driver license for a period of at least 60 consecutive days and is guilty of perjury and shall be fined or imprisoned.

67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 216, § 5; 74 Del. Laws, c. 217, § 11; 77 Del. Laws, c. 311, §§ 3, 4.;

(a) Content of license. — The commercial driver license must be marked "Commercial Driver License" or "CDL" and must be, to the maximum extent practicable, tamper proof. It must include, but not be limited to, the following information:

(1) The name and residential address of the person;

(2) The person's color photograph;

(3) A physical description of the person including sex, height, weight, and eye color;

(4) Date of birth;

(5) Any number or identifier deemed appropriate by the Division of Motor Vehicles;

(6) The person's signature;

(7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions;

(8) The name of this State;

(9) The issue date of the current license; and

(10) The expiration date of the current license.

(b) Classifications, endorsements and restrictions. — Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions; the holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued, and all lesser classes of vehicles except motorcycles and taxicabs which require special endorsements, unless the proper endorsement appears on the license:

(1)  Classification.

a. CDL Class A. — Any combination of vehicles with a gross vehicle weight rating (GVWR) of 26,001 pounds or more, provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.

b. CDL Class B. — Any single vehicle with a GVWR of 26,001 pounds or more, and any such vehicle towing a vehicle not in excess of 10,000 pounds.

c. CDL Class C. — Any single vehicle with a GVWR of less than 26,001 pounds or any such vehicle towing a vehicle with a GVWR not in excess of 10,000 pounds comprising:

1. Vehicles designed to transport 16 or more passengers, including the driver; and

2. Vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 C.F.R. part 172, subpart F.

(2) Endorsements and restrictions.

a. "H" — Authorizes the driver to drive a vehicle transporting hazardous materials.

b. "L" — Restricts the driver to vehicles not equipped with airbrakes.

c. "T" — Authorizes driving double and triple trailers.

d. "P" — Authorizes driving vehicles carrying passengers.

e. "N" — Authorizes driving tank vehicles.

f. "X" — Represents a combination of hazardous materials and tank vehicle endorsements.

g. "S" — Authorizes driving school buses.

h. "K" — Restricts CDL drivers to operating commercial motor vehicles only within this State.

i. "V" — FMCSA medical variance restriction.

(c) Applicant record check. — Before issuing a commercial driver license or permit to any person, the Division will perform a records check of the commercial driver license information system, the national driver register's problem driver pointer system, and/or any other information system designated by federal regulation to confirm the holder's identity and determine the applicant's license eligibility. The records check will be performed no earlier than 24 hours prior to the issuance of a commercial driver license or permit. A commercial driver license will not be issued before these mandatory record checks are completed.

(d) License surrender. — A commercial driver license or permit may not be issued to a person who has a CDL or a driver's license issued by another state unless the person first surrenders all such licenses. The Division will either return the surrendered license to the issuing state for cancellation or the Division will destroy the surrendered license document and notify the previous issuing state that the person is now licensed in this State.

(e) Notification of license issuance. — Within 10 days after issuing a commercial driver license, the Division of Motor Vehicles must notify the commercial driver license information system of that fact, providing all information required to ensure identification of the person. In the case of transfer issuances, the Division will also implement Change State of Record transactions in the commercial driver license information system, thereby notifying the commercial driver license information system and the previous State of Record that Delaware is now the State of Record.

(f) Expiration of license. — Upon receipt of the application and fee and after such examination as provided in this chapter, the Division shall issue, if the applicant has complied with the provisions of this title, a commercial motor vehicle driver's license which shall expire and be renewable on the eighth anniversary date of the birth of the applicant next following the date of its issuance unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every eighth year. Notwithstanding the provisions of the first sentence of this subsection, the Secretary shall issue a commercial motor vehicle driver's license endorsed for the transport of hazardous materials for a period of 5 years or less to coincide with the expiration of the Transportation Security Administration approval for the driver to transport hazardous materials. The license shall expire on the driver's last birthday prior to the expiration of the hazardous materials endorsement.

(g) 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) of this title 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.

(h) Fees.

(1) The fee for a commercial motor vehicle driver license shall be $48 except when the commercial motor vehicle driver license is endorsed for the transport of hazardous materials in which event the fee shall be $30. The fee for a non-CDL Class A or non-CDL Class B driver license shall be $40.

(2) The fee for renewal of a commercial motor vehicle driver license shall be $48 except when the commercial motor vehicle driver license is endorsed for the transport of hazardous materials in which event the fee shall be $30. The fee for renewal of a non-CDL Class A or non-CDL Class B driver license shall be $40. A late fee of $1.15 shall be assessed in addition to the renewal fee for every person whose commercial motor vehicle driver license has expired.

(3) The fee for changing from 1 class to another class shall be $10, if the change requires a written examination or skills test. There shall be no fee assessed if the driver wishes to change to a class of a lower weight vehicle and such change is made at time of renewal of license.

(4) If the applicant wishes to add an endorsement after a commercial driver license has been issued, the fee for adding such endorsement shall be $5.00.

(5) [Repealed.]

(i) Compliance with the Military Selective Service Act

(1) Any male applicant who applies for a commercial driver license instruction permit or license or a renewal of any such permit or license and who is at least 18 years of age but less than 26 years of age shall be registered in compliance with the requirements of § 3 of the "Military Selective Service Act," 50 U.S.C. App. § 453, as amended.

(2) The Department shall forward in an electronic format the necessary personal information of the applicants identified in paragraph (i)(1) of this section to the selective service system. The applicant's signature on the application shall serve as an indication that the applicant either has already registered with the selective service system or that the applicant is authorizing the Department to forward to the selective service system the necessary information for such registration. The Department shall notify the applicant at the time of application that the applicant's signature constitutes consent to registration with the selective service system, if the applicant is not already registered.

67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 134, § 4; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 56, § 3; 72 Del. Laws, c. 485, § 1; 74 Del. Laws, c. 110, § 50; 74 Del. Laws, c. 216, § 6; 74 Del. Laws, c. 217, §§ 12, 13; 75 Del. Laws, c. 183, § 1; 75 Del. Laws, c. 220, § 3; 75 Del. Laws, c. 391, §§ 4, 9; 76 Del. Laws, c. 76, §§ 19, 20; 76 Del. Laws, c. 81, § 29; 78 Del. Laws, c. 8, §§ 1-4; 78 Del. Laws, c. 87, § 2.;

(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 first violation of the following in accordance with 49 C.F.R. § 383.51, Table 1:

(1) Driving, operating or having in physical control a noncommercial 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 wilfully 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 subsection (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 noncommercial motor vehicle if the conviction results in the revocation, cancellation, or suspension of the person's license or noncommercial motor vehicle driving privileges. The 120-day disqualification period must be served in addition to any other previous period of disqualification. 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 noncommercial 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. § 383.51, Table 4:

(1) First violation. — A driver shall be disqualified for a period of not less than 180 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 [§§ 8223 to 8230 of Title 29] 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 nor more than 2 years.

(2) Second violation. — A driver shall be disqualified for a period of not less than 2 years 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 [§§ 8223 to 8230 of Title 29] 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 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 10-year period. Employers convicted of violating an out-of-service order shall be fined not less than $2,750 nor more than $25,000.

(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. § 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 any 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.

(4) Employer penalties. — An employer who is convicted of a railroad-highway grade crossing violation will be subject to a civil penalty of not more than $10,000 in accordance with 49 C.F.R. § 383.53.

(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.

67 Del. Laws, c. 157, § 1; 71 Del. Laws, c. 87, § 3; 73 Del. Laws, c. 345, § 2; 74 Del. Laws, c. 217, § 10; 75 Del. Laws, c. 186, §§ 1, 2; 75 Del. Laws, c. 391, § 5; 76 Del. Laws, c. 348, §§ 1-3.;

(a) Notwithstanding any other provision of this title, a person may not drive, operate, or be in physical control of a commercial motor vehicle within this State while having any measurable amount of alcohol in the person's system.

(b) A person who drives, operates, or is in physical control of a commercial motor vehicle within this State while having any measurable amount of alcohol in the person's system or who refuses to submit to an alcohol test as provided by § 2614 of this title, must be placed out of service for 24 hours.

(c) Any person who drives, operates or is in physical control of a commercial motor vehicle within this State with an alcohol concentration of 0.04 or more must, in addition to any other sanctions which may be imposed under this title, be disqualified from driving a commercial motor vehicle under § 2612 of this title.

(d) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177M of this title or a local ordinance substantially conforming thereto, and the person was arrested on that occasion for a violation of § 4177M of this title or a local ordinance substantially conforming thereto, the Secretary shall disqualify the person's commercial driver license and/or driving privileges in accordance with provisions specified in § 2612(a) and (b) of this title.

(e) Any violation of this section shall be an unclassified misdemeanor, with the penalties set forth in § 2622 of this title.

67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 60, § 9; 77 Del. Laws, c. 311, § 5.;

(a) A person who drives a commercial motor vehicle within this State is deemed to have given consent, subject to provisions of this title, to take a test or tests of that person's blood or breath for the purpose of determining that person's alcohol concentration, or the presence of other drugs.

(b) A test or tests may be administered at the direction of a law-enforcement officer, who after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol or drugs in the driver's system.

(c) A person requested to submit to a test as provided in subsection (a) of this section must be warned by the law-enforcement officer requesting the test, that a refusal to submit to the test will result in that person being immediately placed out of service for a period of 24 hours and being disqualified from operating a commercial motor vehicle for a period of not less than 1 year under § 2612 of this title.

(d) If the person refuses testing, or submits to a test which discloses an alcohol concentration of 0.04 or more, the law-enforcement officer must submit a sworn report to the Division of Motor Vehicles certifying that the test was requested pursuant to subsection (a) of this section and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of 0.04 or more.

(e) Upon receipt of the sworn report of a law-enforcement officer submitted under subsection (d) of this section, the Division of Motor Vehicles must disqualify the driver from driving a commercial motor vehicle under § 2612 of this title.

67 Del. Laws, c. 157, § 1; 70 Del. Laws, c. 186, § 1.;

(a) Whenever a person who holds a CDL from another state is convicted of a violation of this State or local law relating to motor vehicle traffic control (other than a parking violation), in any type of vehicle, the Division must notify the licensing entity in the State where the driver is licensed of this conviction within 30 days of the conviction, except beginning on September 30, 2008, the notification must be made within 10 days of the conviction.

(b) Whenever a person who does not hold a CDL but is licensed to drive by another State and is convicted of a violation of this State or local law relating to motor vehicle traffic control (other than a parking violation), in a CMV, the Division must notify the licensing entity in the State where the driver is licensed of this conviction within 30 days of the conviction, except beginning on September 30, 2008, the notification must be made within 10 days of the conviction.

(c) Whenever the Division receives notification of failure to appear, failure to pay, or failure to comply from a Delaware court or from any other state for a violation relating to motor vehicle traffic control (other than a parking violation) the failure to appear, failure to pay, or failure to comply will be posted to the driver's record as a conviction under the following conditions:

(1) For any person operating a CMV while either holding a CDL or being required to hold a CDL; or

(2) For any CDL holder operating any type of vehicle.

(d) Whenever an unlicensed driver from this State is convicted of any violation as provided in § 2612 of this title, the Division will establish a driving record in the person's name and, if appropriate, withdraw the person's driving privileges by license suspension, revocation, disqualification, cancellation or denial when authorized by statute or Division policy. Those persons whose driving privileges are withdrawn under this section will be reinstated when they have completed the reinstatement procedures specified in statute or Division policy.

67 Del. Laws, c. 157, § 1; 75 Del. Laws, c. 391, § 6; 77 Del. Laws, c. 311, § 6.;

Notwithstanding any other provision of law to the contrary, the Division of Motor Vehicles must furnish full information regarding the driving record of any person:

(1) To the driver license administrator of any other state, or province or territory of Canada, requesting that information;

(2) To any employer or prospective employer upon request and payment of a fee of $4.00;

(3) To other persons, pursuant to § 305 of this title.

67 Del. Laws, c. 157, § 1.;

The Department may adopt any rules and regulations necessary to carry out the provisions of this chapter.

67 Del. Laws, c. 157, § 1.;

The Department may enter into or make agreements, arrangements, or declarations to carry out the provisions of this chapter.

67 Del. Laws, c. 157, § 1.;

(a) Notwithstanding any law to the contrary, a resident of another State who is issued a commercial driver license issued by that State, or a commercial driver license issued by the Canadian Provinces and Territories in conformity with the Canadian National Safety Code, or a Licencia Federal de Conductor issued by the United Mexican States, may drive a commercial motor vehicle in this State if the person has a valid commercial motor vehicle driver license or valid commercial motor vehicle driver license instruction permit issued by those jurisdictions in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver licenses, if the person is not suspended, revoked or canceled, and if the person is not disqualified from driving a commercial motor vehicle, or subject to an "out-of-service" order. A driver holding a commercial driver license issued under the Canadian National Safety Code or Licencia Federal de Conductor issued by Mexico is prohibited from obtaining a nonresident CDL or any type of Delaware driver license unless the driver becomes a resident of this State and surrenders all driver licenses issued by Canada or Mexico.

(b) The Division of Motor Vehicles must give all out-of-state convictions full faith and credit and treat them for sanctioning purposes under this chapter as if they occurred in this State.

67 Del. Laws, c. 157, § 1; 75 Del. Laws, c. 391, § 7.;

(a) Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed is guilty of perjury and shall be fined or imprisoned as are other persons committing perjury.

(b) Whoever provides information that is incorrect or incomplete when applying for a commercial driver's license is guilty of perjury and shall be fined or imprisoned as are other persons committing perjury.

(c) Any driver's license or driving privileges for a person guilty of this section shall be forthwith suspended or canceled.

67 Del. Laws, c. 157, § 1.;

(a) The provisions of this chapter are waived for the following specific groups of drivers who operate:

(1) Farm vehicles which are:

a. Controlled and operated by a farmer;

b. Used to transport either agricultural products, farm machinery, farm supplies or both to or from a farm;

c. Not used in the operations of a common or contract motor carrier;

d. Used within 150 miles of the person's farm; and

e. Not used for hire.

(2) Firefighting equipment which is:

a. Used by any fire company in this State which is necessary for the preservation of life or property or the execution of emergency governmental functions, or other authorized uses by the fire company.

b. Being operated by firefighters and other persons qualified to operate the equipment under paragraph (a)(2)a. of this section when operating such equipment in other functions such as parades, special events, repair, service or other authorized movements.

(3) Commercial motor vehicles for military purposes. This exception is applicable to active duty military personnel; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty U.S. Coast Guard personnel. This exception is not applicable to U.S. Reserve technicians.

(4) Recreational vehicles or trailers as defined in Chapter 1 of this title, which provide temporary living quarters and are used solely for recreational purposes.

(5) Emergency mobile communication units operated in relation to a county emergency communication center, the State Police, or any municipality.

(6) Any other emergency vehicle, as defined by § 4106(e) of this title, used in the preservation of life or property or in the execution of emergency governmental functions and are equipped with audible and visual signals and are not subject to normal traffic regulation.

(b) When operating a commercial motor vehicle as defined by § 2603 of this title, under the waiver provisions of paragraphs (a)(1), (2), (5), and (6) of this section, operators are required to hold a non-CDL Class A or non-CDL Class B license. Those drivers holding non-CDL Class A or non-CDL Class B licenses are limited to operating commercial motor vehicles within the State of Delaware unless there is a reciprocity agreement with adjoining states. These licenses will be classified in accordance with § 2611(b)(1) of this title.

67 Del. Laws, c. 157, § 1; 68 Del. Laws, c. 283, §§ 1, 2; 72 Del. Laws, c. 56, §§ 1, 2; 75 Del. Laws, c. 186, § 3; 75 Del. Laws, c. 391, § 8; 76 Del. Laws, c. 233, §§ 1-3, 5; 78 Del. Laws, c. 87, § 1.;

(a) Whoever violates §§ 2604, 2605(b)-(c), 2606, 2607, 2612 and 2613 of this title shall for the first offense be fined not less than $200 nor more than $2,500. For subsequent offense the person shall be fined not less than $500 nor more than $5,000 or imprisoned for a term not to exceed 90 days, or both.

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

67 Del. Laws, c. 157, § 1; 76 Del. Laws, c. 348, § 4.;

(a) Whoever violates this chapter shall for the first offense be fined not less than $50 nor more than $100. For each subsequent like offense, the person shall be fined not less than $100 nor more than $200, or imprisoned not less than 10 days nor more than 30 days or both.

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

67 Del. Laws, c. 157, § 1.;

Justices of the peace shall have jurisdiction over violations of this chapter.

67 Del. Laws, c. 157, § 1.;

The State shall not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL holder's and CMV driver's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law (except a parking violation) from appearing on the driver's record, whether the driver was convicted for an offense committed in this State or another state.

75 Del. Laws, c. 184, § 2; 77 Del. Laws, c. 311, § 7.;

(a) CDL medical self-certification requirements.

(1) Beginning January 30, 2012, any person applying for an initial CDL must self-certify to the Division that he or she is operating commercial motor vehicles in a nonexcepted interstate commerce, excepted interstate commerce, nonexcepted intrastate commerce or excepted intrastate commerce status.

(2) Existing CDL holders must self-certify to the Division on or after January 30, 2012, but not later than January 30, 2014, that he or she operates commercial motor vehicles in a nonexcepted interstate commerce, excepted interstate commerce, nonexcepted intrastate commerce or excepted intrastate commerce status.

(3) It is the responsibility of the CDL holder to immediately notify the Division if/when his or her medical certification status changes.

(b) Medical certification documentation requirements for nonexcepted interstate commerce drivers after January 30, 2012.

(1) Any person applying for an initial CDL who certifies that he or she will operate CMVs in nonexcepted, interstate commerce must provide the Division with the current, original medical examiner's certificate prepared by a medical examiner confirming the applicant meets the minimum physical qualifications for CMV operators in accordance with federal regulations.

(2) On or after January 30, 2012, but not later than January 30, 2014, existing CDL holders must provide the Division with the current original or copy of the medical examiner's certificate prepared by a medical examiner confirming the CDL holder meets the minimum physical qualifications for CMV operators in accordance with federal regulations.

(3) In order to maintain a medical certification status of certified, the CDL holder who certifies that he or she will operate CMVs in nonexcepted interstate commerce must provide the Division with a current original or copy of each subsequent medical examiner's certificate prepared by a medical examiner confirming the CDL holder meets the minimum physical qualifications for CMV operators in accordance with federal regulations.

(c) CDL issuance procedures for drivers who after January 30, 2012, self-certify as operating in nonexcepted interstate commerce.

(1) The Division must verify the driver has self-certified as a nonexcepted interstate commerce operator.

(2) The Division must verify the driver has a "certified" medical status on the medical examiner's certificate and on the CDLIS driver record.

(3) In the event that the driver has not self-certified or the medical certification status of the individual is "not-certified," the applicant will be denied a CDL issuance, renewal, upgrade or transfer, and the CDL will be downgraded.

(4) Approximately 60 days before a medical examiner's certificate expires, the Division will attempt to notify the CDL holder requiring him or her to either submit a current medical certificate or self-certify that he or she now operates a CMV in excepted interstate commerce, nonexcepted intrastate commerce or excepted intrastate commerce. The CDL will be downgraded no later than 60 days after the CDL holder's current medical certification expires or when determined to be "not-certified" if:

a. He or she does not change his or her self-certification to excepted interstate commerce, nonexcepted intrastate commerce, or excepted intrastate commerce;

b. He or she does not present to the Division a current medical certificate;

c. His or her FMCSA medical variance expires; or

d. The FMCSA notifies the Division that his or her medical variance was removed or rescinded.

(5) Upon notification from the FMCSA that a medical variance has been issued to a CDL driver, the Division shall file, electronically or otherwise, medical variance information, the CDLIS driver record will be updated, and the CDL document will show a restricted code "V" indicating there is information about a medical variance on the CDLIS driver record. Within 10 calendar days of receiving information from the FMCSA regarding the issuance or renewal of a medical variance for a driver, the Division must update the CDLIS driver record to include the medical variance information provided by the FMCSA.

(d) CDL driver physical qualifications and recordkeeping requirements for nonexcepted interstate commerce drivers.

(1) A CDL holder who is subject to the physical requirements contained in 49 C.F.R. § 391.41 must not operate a commercial motor vehicle unless he or she is medically certified as physically qualified to do so, and, except as provided in paragraph (b)(2) of this section, when on duty, has on his or her person the original or a copy of a current medical examiner's certificate that he or she is physically qualified to drive a commercial motor vehicle.

(2) Beginning January 30, 2012, a CDL holder who has submitted a current medical examiner's certificate to the Division in accordance with 49 C.F.R. § 383.71(h) substantiating he or she is medically "certified," no longer needs to carry on his or her person the medical examiner's certificate once the medical certification information is posted on the CDLIS driver record. The Division will post the medical information in CDLIS within 10 days after the driver submits a current medical certificate. If there is no medical certification information on that driver's CDLIS driver record, a current medical examiner's certificate issued prior to January 30, 2012, will be accepted until January 30, 2014.

(3) A CDL driver who obtained a medical variance from the FMCSA must continue to have in his or her possession the original or copy of that medical variance documentation at all times when driving a CMV.

(4) Canadian and Mexican CMV drivers are not required to have in their possession a medical examiner's certificate if the driver has been issued and possesses a valid commercial driver license issued by the United Mexican States or Canadian Province or Territory and whose license and medical status, including any waiver or exemption, can be electronically verified. Drivers from any of the countries who have received a medical authorization that deviates from the mutually accepted compatible medical standards of the resident country are not qualified to drive a CMV in the other countries. Canadian and Mexican drivers who do not meet the medical fitness provisions of their home country for motor carriers are not qualified to drive a CMV in the United States even if that driver has received a medical variance or waiver. In addition, United States drivers who receive a medical variance from the FMCSA are not qualified to drive a CMV in Canada or Mexico.

(e) CDL holders self-certifying that they operate or expect to operate CMVs in excepted interstate commerce must:

(1) Meet the minimum physical qualifications for CMV operators as determined in 49 C.F.R. § 390.3(f), § 391.2, § 391.68, or § 398.3; and

(2) Self-certify to the Division that that operate or expect to operate CMVs in excepted interstate commerce upon each renewal of their CDLs.

(f) CDL holders self-certifying that they operate or expect to operate CMVs in nonexcepted intrastate or excepted intrastate commerce must:

(1) Meet the minimum physical qualifications for CMV operators as determined in § 4704 of this title;

(2) Self-certify to the Division that they operate or expect to operate CMVs in nonexcepted intrastate or excepted intrastate commerce upon each renewal of their CDLs;

(3) Meet the minimum physical qualification requirements for CMV operators as determined in subsections (b) through (d) or subsection (e) of this section before the CDL holders may have the "K" restriction removed from their CDLs.

(g) Release of medical certification information in the CDLIS driver record. — Except where prohibited by § 305 of this title or Division policies, the following authorized agents may receive CDLIS driver record information:

(1) States. — All information on all CDLIS driver records.

(2) Secretary of Transportation. — All information on all CDLIS driver records.

(3) Driver. — All information on that driver's CDLIS driver record obtained on the CDLIS motor vehicle record.

(4) Motor carrier or prospective motor carrier. — After the employer or prospective employer notifies the driver, all information on that driver's or prospective driver's CDLIS driver record obtained on the CDLIS motor vehicle record.

78 Del. Laws, c. 87, § 3; 70 Del. Laws, c. 186, § 1.;