TITLE 21

Motor Vehicles

Registration, Title and Licenses

CHAPTER 31. NONDRIVER IDENTIFICATION CARDS


Every person residing in the State who desires to obtain an identification card shall apply to the Division of Motor Vehicles.

21 Del. C. 1953, § 3101; 58 Del. Laws, c. 516; 65 Del. Laws, c. 37, § 1.;

(a) Every application for an identification card shall be made on an application form furnished by the Division. The original application shall be verified by the applicant before a person authorized to administer oaths.

(b) Every application shall state the name, Social Security number, if eligible, except as otherwise provided in § 2711 of this title, date of birth, sex and residence address of the applicant and whether or not the applicant is licensed by the State to operate a motor vehicle.

(c) The Division of Motor Vehicles shall provide notice of the obligation to register pursuant to § 4120 of Title 11 to each new resident applicant for an identification card. Every applicant for a state identification card shall sign an acknowledgment provided by the Division that the applicant has received notice that registration in compliance with § 4120 of Title 11 is mandatory for any person who has been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as 1 or more of the offenses referenced in § 4120(a) of Title 11, and that such registration must occur within 7 days of coming into any county, city or town in which the applicant temporarily resides or is domiciled for that length of time.

All such acknowledgments shall be kept as permanent records by the Division in a format approved by the Director of Historical and Cultural Affairs which may include storage on microfiche or other nonpaper forms of permanent retention.

(d)(1) Any male applicant who applies for an identification card or a renewal of any such document 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. sec. 453, as amended.

(2) The Department shall forward in an electronic format the necessary personal information of the applicants identified in this subsection 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 he 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 his signature constitutes consent to registration with the selective service system, if he is not already registered.

21 Del. C. 1953, § 3102; 58 Del. Laws, c. 516; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 397, § 22; 71 Del. Laws, c. 133, § 3; 72 Del. Laws, c. 335, §§ 3, 5; 72 Del. Laws, c. 485, § 3.;

(a) Upon receipt of the application and a fee of $20 the Division shall issue an identification card which shall expire and be renewable on the fourth anniversary date of the birth of the applicant next following the date of its issuance unless the birth date be February 29, and in which event the identification card will expire on February 28 every fourth year. A permanent resident foreign national may be issued a full 4-year identification card. However, an identification card issued to a temporary foreign national must be limited to the period of time that the temporary foreign national is authorized to be in the United States.

(b) On or near the date of expiration of an identification card, each holder of such a card desiring renewal of such card shall appear at a Division of Motor Vehicles office in the county in which the holder of the card resides and be photographed by the Department of Transportation.

(c) No identification card shall be issued pursuant to subsection (a) of this section to any nonresident of the State.

21 Del. C. 1953, § 3103; 58 Del. Laws, c. 516; 65 Del. Laws, c. 37, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 82; 76 Del. Laws, c. 76, § 26; 76 Del. Laws, c. 126, § 2.;

(a) Every identification card shall bear a distinguishing number assigned to the holder and shall contain the name, date of birth, address, a photograph of the holder taken by the Department of Transportation and a brief description of the holder for purposes of identification. The identification card holder's Social Security number is used for identification purposes and shall be maintained in the Division of Motor Vehicles' record system.

(b) Every identification card shall bear in conspicuous print the words: "THIS IS NOT A DRIVER'S LICENSE."

21 Del. C. 1953, § 3104; 58 Del. Laws, c. 516; 71 Del. Laws, c. 133, § 4; 72 Del. Laws, c. 335, § 4; 74 Del. Laws, c. 110, § 83; 75 Del. Laws, c. 185, §§ 3, 4.;

(a) In the event that any identification card issued under this chapter is lost or destroyed, the person to whom it was issued may apply to the Division for the issuance of a duplicate or substitute identification card upon executing such forms as may be required by the Division and upon furnishing proof satisfactory to the Division that such identification card has been lost or destroyed.

(b) Upon receipt of the application and a fee of $5.00, the Division shall issue a duplicate identification card.

21 Del. C. 1953, § 3105; 58 Del. Laws, c. 516; 67 Del. Laws, c. 260, § 1; 67 Del. Laws, c. 271, § 1.;

Every holder of an identification card shall write the holder's usual signature with pen and ink in the space provided for that purpose on the card and such card shall not be valid until the card is so signed.

21 Del. C. 1953, § 3106; 58 Del. Laws, c. 516; 70 Del. Laws, c. 186, § 1.;

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 the law provides.

21 Del. C. 1953, § 3108; 58 Del. Laws, c. 516; 66 Del. Laws, c. 416, § 3.;

(a) Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense, the person shall be fined not less than $50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, or both. Justices of the peace shall have jurisdiction over violations of this chapter.

(b) This section shall not apply to violations defined as perjury under § 3107 of this title.

21 Del. C. 1953, § 3109; 58 Del. Laws, c. 516; 65 Del. Laws, c. 503, § 14; 66 Del. Laws, c. 416, § 3; 68 Del. Laws, c. 9, § 20; 70 Del. Laws, c. 186, § 1.;