TITLE 21

Motor Vehicles

Registration, Title and Licenses

CHAPTER 27. Driver’s License

Subchapter V. Taxicab and Limousine Driver

§ 2761. Licensing of taxicab and limousine operators.

No person shall drive any taxicab or limousine as defined under Chapter 18 of Title 2 upon any highway of this State unless such person, upon application, has been licensed as a taxicab or limousine operator by the Department under this chapter.

Code 1935, §  5719r;  46 Del. Laws, c. 270, §  1;  21 Del. C. 1953, §  2761;  78 Del. Laws, c. 287, §  1

§ 2762. License endorsed for taxicab and limousine.

The Department shall endorse on the driver’s license of the applicant an authorization to operate a taxicab and limousine.

Code 1935, §  5719s;  46 Del. Laws, c. 270, §  1;  21 Del. C. 1953, §  2762;  49 Del. Laws, c. 57, §  158 Del. Laws, c. 511, §  4761 Del. Laws, c. 60, §§  1, 278 Del. Laws, c. 287, §  1

§ 2763. Qualifications for taxicab and limousine license.

(a) To qualify for a taxicab and limousine endorsement an applicant must meet all of the following requirements:

(1) Be at least 18 years of age with 1 year of driving experience;

(2) Meet the requirements of § 2707 of this title;

(3) Never have been convicted of any of the following crimes under the laws of this State or any other jurisdiction:

a. Any crime against a child;

b. Any crime constituting a class A or B felony;

c. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter and vehicular homicide; or

d. Any crime constituting a felony sexual offense.

f., g. [Repealed.]

(4) Has not been convicted or pled guilty, within the last 7 years, to any of the following offenses, either under Delaware law or a substantially similar law of another state or of the United States:

a. Driving under the influence under § 4177, § 4177J, § 4177L, or § 4177M of this title;

b. Any crime constituting a felony offense, including any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office;

c. A hit and run offense under Chapter 42 of this title;

d. Driving over 100 mph; or

e. Reckless driving under § 4175 of this title; or

(5) Has not had that person’s driver’s license suspended, revoked, or disqualified in this State or any other jurisdiction for moving violations during the immediate preceding 3 years.

(b) Any taxicab and limousine and endorsement issued shall automatically be rescinded by the Director of the Division of Motor Vehicles if the applicant has not shown evidence of having satisfactorily completed, within 30 days of the date of endorsement, a motor vehicle accident prevention course approved by the Director of the Division of Motor Vehicles.

(c) The Department may conduct a criminal history background check for the purposes of issuing a taxicab and limousine endorsement pursuant to this section. This check shall include a national criminal history background check, in addition to a review of the applicant’s Delaware-based criminal history, a fingerprinting of applicants who are to be subjected to a national criminal history background check, and expressly authorizes the use of records of the Federal Bureau of Investigation for screening the applicants.

Code 1935, §  5719t;  46 Del. Laws, c. 270, §  1;  21 Del. C. 1953, §  2763;  61 Del. Laws, c. 60, §§  1, 364 Del. Laws, c. 411, §  170 Del. Laws, c. 186, §  173 Del. Laws, c. 252, §  1078 Del. Laws, c. 287, §  179 Del. Laws, c. 250, §  280 Del. Laws, c. 121, §  180 Del. Laws, c. 275, § 2

§ 2764. Fee for taxicab authorization.

The fee for the authorization specified in § 2762 of this title shall be $3.45. The fee for renewals is also $3.45.

Code 1935, §  5719u;  46 Del. Laws, c. 270, §  1;  21 Del. C. 1953, §  2764;  61 Del. Laws, c. 60, §§  1, 467 Del. Laws, c. 260, §  1

§ 2765. Out-of-state taxi and limousine drivers; qualifications.

Out-of-state taxi and limousine drivers shall meet the requirements of their home state for driving a taxi or limousine and meet the qualification requirements as defined in § 2763 of this title before operating a taxi or limousine upon the highways of this State.

(1) An out-of-state taxi or limousine driver shall:

a. Upon first employment, and thereafter annually, provide to the driver’s employer a current copy of the driver’s home state driving record;

b. Upon first employment, and upon re-employment following separation, provide to the driver’s employer a current copy of the driver’s criminal history background check; and

c. Inform the driver’s employer any time his or her driver license is suspended or revoked.

(2) The employer of an out-of-state taxi or limousine driver shall:

a. Maintain on file a current copy of the driver’s driving records;

b. Annually update and review the driver’s driving records using the same qualification criteria as found in § 2763 of this title; and

c. Maintain on file a current copy of the driver’s criminal history background check.

(3) An employer of an out-of-state taxi or limousine driver shall not knowingly permit a driver to operate a taxi or limousine upon the highways of this State when the employer is aware of any disqualifying crimes or motor vehicle violations as defined in § 2763 of this title.

78 Del. Laws, c. 287, §  170 Del. Laws, c. 186, §  1

§§ 2766-2781. Taxicab drivers’ licenses; special examinations; issuance; refusal or revocation; appeal; records; duplicate certificates; duty to sign, carry and display; term and renewal; report of convictions; mandatory revocation; discretionary suspension or revocation; duration; appeal; violations; false statements; driving while suspended; penalties [Repealed].

Repealed by 61 Del. Laws, c. 60, § 1, eff. May 24, 1977.