TITLE 21

Motor Vehicles

Miscellaneous

CHAPTER 83. COMMERCIAL DRIVER TRAINING SCHOOL LICENSING


As used in this chapter:

(1) "Commercial driver training school" or "school" means a business enterprise conducted by a person for the education and training of persons, either practically or theoretically, or both, to operate motor vehicles or to prepare an applicant for an examination given by the State for a driver's license or learner's permit and charging a consideration or tuition for such services.

(2) "Instructor" means any person, whether acting as operator of a commercial driver training school or for any such school for compensation, who teaches, conducts classes of, gives demonstrations to or supervises practice of persons learning to operate or drive motor vehicles or preparing to take an examination for a driver's license or learner's permit, and any person who supervises the work of any other such instructor.

21 Del. C. 1953, § 8301; 56 Del. Laws, c. 417, § 1; 65 Del. Laws, c. 77, § 8; 70 Del. Laws, c. 186, § 1.;

(a) The Secretary shall adopt and prescribe such regulations concerning the administration and enforcement of this chapter as are necessary to carry out the intent of this chapter and to protect the public. The Secretary or the Secretary's authorized representative shall inspect the school facilities and equipment of applicants and licensees and examine applicants for instructor's licenses.

(b) The Secretary shall administer and enforce this chapter, and may call upon the Secretary of Education for assistance in developing and formulating appropriate regulations.

21 Del. C. 1953, § 8302; 56 Del. Laws, c. 417, § 1; 57 Del. Laws, c. 670, § 30; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 65, § 28.;

(a) No commercial driver training school shall be established nor any such existing school continued after January 1, 1969, unless such school applies for and obtains from the Secretary a license in the manner and form prescribed by the Secretary.

(b) Regulations adopted by the Secretary shall state the requirements for a school license, including requirements concerning location, equipment, courses of instruction, instructors, previous records of the school and instructors, financial statements, schedule of fees and charges, character and reputation of the operators and instructors, insurance in such sum and with such provisions as the Secretary deems necessary to protect adequately the interests of the public and such other matters as the Secretary may prescribe for the protection of the public.

21 Del. C. 1953, § 8303; 56 Del. Laws, c. 417, § 1; 57 Del. Laws, c. 670, § 30.;

(a) No person shall act as an instructor after January 1, 1969, unless such person applies for and obtains from the Secretary a license in the manner and form prescribed by the Secretary.

(b) Regulations adopted by the Secretary shall state the requirements for an instructor's license, including requirements concerning moral character, physical condition, knowledge of the courses of instruction, motor vehicle laws and safety principles and practices, previous personnel and employment records and such other matters as the Secretary may prescribe for the protection of the public.

21 Del. C. 1953, § 8304; 56 Del. Laws, c. 417, § 1; 57 Del. Laws, c. 670, § 30.;

All licenses shall expire on the last day of the calendar year and may be renewed upon application to the Secretary as prescribed by regulation. Each application for an original or renewal school license fee shall be accompanied by a fee of $115 and each application for an original or renewal instructor's license shall be accompanied by a fee of $50. No license fee shall be refunded in the event that the license is rejected, suspended or revoked.

21 Del. C. 1953, § 8305; 56 Del. Laws, c. 417, § 1; 57 Del. Laws, c. 188, § 13; 57 Del. Laws, c. 670, § 30; 66 Del. Laws, c. 84, § 1; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1.;

The Secretary may cancel, suspend, revoke or refuse to issue or renew a school or instructor's license in any case where the Secretary finds the licensee or applicant has not complied with or has violated any of the provisions of this chapter or any regulation adopted by the Secretary. Any canceled, suspended or revoked license shall be returned to the Secretary by the licensee, and its holder shall not be eligible to apply for a license under this chapter until 3 months have elapsed since the date of such suspension or revocation.

21 Del. C. 1953, § 8306; 56 Del. Laws, c. 417, § 1; 57 Del. Laws, c. 670, § 30; 70 Del. Laws, c. 186, § 1.;

This chapter shall not apply to any person giving driver training lessons without charge, to employers maintaining driver training schools without charge for their employees only. Driver education classes conducted by state colleges, universities and high schools and programs approved and contracted by the Department of Education are exempt from the licensing requirements of this chapter when the courses are taught by certified driver training teachers using curriculum approved by those institutions.

21 Del. C. 1953, § 8307; 56 Del. Laws, c. 417, § 1; 74 Del. Laws, c. 18, §§ 1, 2.;

Violation of this chapter or any regulation promulgated pursuant thereto shall constitute a misdemeanor, and any person, firm or corporation upon conviction therefor shall be punished by a fine of not more than $115, or imprisonment for not more than 30 days or by both such fine and imprisonment.

21 Del. C. 1953, § 308; 56 Del. Laws, c. 417, § 1; 68 Del. Laws, c. 9, § 65.;