Driver’s License

Del. Code tit. 21, ch. 27

in effect

Del. Code tit. 21, § 2701 Driving without a license; penalties.

(a) No person shall drive a motor vehicle on a public street or highway of this State without first having been licensed under this chapter, unless expressly exempt from the licensing requirements. (1) Those students enrolled in an approved Delaware Department of Education driver education course can drive without a learner’s permit when under the supervision of a certified driver education teacher. (2) Failure to adhere to the Level 1 Learner’s Permit restrictions under § 2710(c) of this title or temporary instruction permit restrictions under § 2712(a) of this title constitutes a violation of this section. Those motor vehicle operators holding a Level 1 Learner’s Permit or temporary instruction permit who violate this section will be suspended for 2 months for the first offense and 4 months for any subsequent offenses. (b) No person shall drive a motor vehicle on a public street or highway of this State after serving a period of suspension, revocation or license denial, without first having obtained a valid license through proper reinstatement procedures as prescribed by this title. (c) No person shall drive on a public street or highway of this State a motor vehicle of a class or type for which the person has not been duly licensed. (d) No person whose license has expired shall drive a motor vehicle on a public street or highway of this State. (e) Whoever violates subsection (a) or (b) of this section shall for the first offense be fined not less than $50 nor more than $200. For each subsequent like offense, the person shall be fined not less than $100 nor more than $500 or imprisoned for a term not to exceed 6 months, or both. (f) Whoever violates subsection (c) or (d) of this section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, the person shall be fined not less than $50 nor more than $100.

Del. Code tit. 21, § 2702 Driver's license classification, qualifications, fees; learner's permits; definitions.

(a) The Division upon issuing a driver’s license shall indicate thereon, in a manner prescribed by the Division, the type or general class of vehicles the licensee may drive. (b) The Division shall establish such qualifications as it believes reasonably necessary for the safe operation of the various types, sizes or combinations of vehicles and shall appropriately examine each applicant according to the type or general class of license applied for. (c) (1) When the licensee desires to change the type or class of license which the licensee has been issued and such change requires another examination to be administered, a fee of $10 shall be assessed for such change. (2) When the licensee desires to add an endorsement or endorsements to the licensee’s license, and the endorsement requires additional testing, a fee of $5.00 shall be assessed. (3) These fees shall not be imposed on motorcycle applicants for whom fees are required under § 2703 of this title. (d) Vehicles driven by minor permit holders. — (1) A “Driver Education Learner’s Permit” authorizes the holder to operate those vehicles that a holder of a Class D operator’s license can operate. (2) A “Level 1 Learner’s Permit” authorizes the holder to operate those vehicles referenced under paragraph (d)(1) of this section. (e) Classifications, endorsements and restrictions. — (1) Class D operator’s license. — Authorizes the license holder to operate 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. The vehicle must be designed to transport 15 or fewer passengers, including the driver, and they shall not transport hazardous materials which require the vehicle to be placarded under federal law. (2) Temporary license. — A temporary license may be issued to the holder of a valid Class D operator’s license or commercial driver’s license to extend the expiration date, to replace a lost license or in lieu of the Class D or CDL licensing document. A temporary license or temporary instruction permit may be issued to an unlicensed driver for specialized training. (3) Temporary instruction permit. — Authorizes the holder to operate those vehicles defined under paragraph (e)(1) of this section. (4) Commercial driver’s license. — CDL Class A, CDL Class B and CDL Class C licenses are defined in § 2611(b) of this title. (5) Conditional license. — Limited driving privileges granted under § 2607(b) or § 4177C of this title and § 4767 of Title 16. (6) Occupational license. — Limited driving privileges granted under §§ 2118(r), 2607(b) and 2733(g) of this title. (7) Hardship license. — Limited driving privileges granted under § 2751(s) of this title. (8) Endorsement and restriction codes. — The Division is authorized to establish endorsement and restriction codes based upon this title. (9) Non-CDL Class A or non-CDL Class B license. — Authorizes the holder to operate farm vehicles, fire-fighting equipment, and other authorized emergency vehicles under the commercial driver license waivers defined in § 2621 of this title. (10) IID license. — Authorizes the holder to operate a vehicle with full Class D operators driving privileges only when the vehicle is equipped with an ignition interlock device.

Del. Code tit. 21, § 2703 License to operate a motorcycle, motorbike, etc.

(a) No person shall operate a “motorcycle,” as defined by § 101 of this title, motorbike or other 2-wheeled or 3-wheeled motor-driven vehicle upon a highway of this State without having been properly licensed and having passed, to the satisfaction of the Department, an examination testing the person’s ability to operate such vehicle safely. The Department shall place a motorcycle endorsement on the driver license authorizing the operation of such vehicle. A person who passes an examination administered by the Department on a 3-wheeled motorcycle shall have a restriction placed on that person’s driver license, in addition to the motorcycle endorsement, limiting that person to the operation of 3-wheeled motorcycles. A temporary motorcycle instruction permit can be issued to a person age 18 or older after passing a written motorcycle examination. This permit expires in 6 months. If for any reason whatsoever the applicant fails to pass the required road skills examination during the 6-month period granted by the permit, the permit shall be void, and the fee paid therefor shall be forfeited unless the applicant requests an extension thereof and pays the sum of $5.00. Upon payment of said sum the Division shall immediately issue 1 extension only of the permit for an additional 6 months. If the applicant fails to pass the required examination within the additional 6-month period, the permit shall become void. The following provisions shall apply to a person while operating a motorcycle with a temporary instruction permit for the operation of a motorcycle: (1) No passengers shall be allowed on the motorcycle; (2) Operating a motorcycle between sunset and sunrise is prohibited; (3) A safety helmet and eye protection as approved by the Office of Highway Safety must be worn; and, (4) Operation is not permitted on the federal interstate highway system. (b) The initial and subsequent renewal fee for an authorization or endorsement under this section shall be $8.00 when the authorization or endorsement holder also holds a commercial motor vehicle driver license endorsed for the transport of hazardous materials. Otherwise, the fee for an initial authorization or endorsement under this section and each renewal shall be $12. (c) Of each of the initial fees for authorization or endorsement collected pursuant to subsection (b) of this section the sum of $5.00 is appropriated to the Department of Transportation and shall be placed in a special account to be used only for expenses incurred in the administration of the motorcycle rider education program. For each fee collected for subsequent renewals pursuant to subsection (b) of this section, the total of such renewal fee shall also be appropriated to the Department of Transportation to be placed in said special account. (d) The authorization or endorsement specified in subsection (a) of this section shall not be issued by the Division to any person under the age of 18 years unless the application therefor is signed both by the applicant and by the parent, guardian or court-ordered custodian of the applicant with whom the applicant resides in this State. (1) Nevertheless, if the applicant has no parent, guardian or court-ordered custodian residing in the State to act as that applicant’s sponsor, another responsible adult person who resides with the applicant in this State who is acceptable to the Secretary of Transportation may sign the application. (2) The following sponsors are listed in order of priority: a. Either parent of the minor, if both parents are living together within this State and the minor resides with both parents; b. Father of the minor, if the father is living within this State, and the minor resides with the father only; mother of the minor, if the mother is living within this State, and the minor resides with the mother only; or either parent, if either parent lives within this State, and the minor resides with neither parent, and the minor has no legal guardian within this State; c. Guardian or court-ordered custodian of the minor, duly appointed as such, under the laws of this State; or d. Any suitable person acceptable to the Secretary of Transportation. (3) The Department shall not require as a prerequisite to the issuance of a license to a minor under this section, that the parent, guardian or court ordered custodian who signs the minor’s driver license application be present at the time the application is made by the minor, or sign the application at the offices of the Division of Motor Vehicles. The signing of the application and acknowledgment thereof by the natural parent, guardian, or court-ordered custodian before a notary public or other person authorized to administer oaths shall be deemed sufficient to satisfy the requirements of this section. Sponsors designated in paragraph (d)(2)d. of this section shall sign the minor’s license application in the presence of a Division representative. (4) The sponsor who signs the motorcycle endorsement application on behalf of a minor can withdraw their sponsorship at any time until the minor reaches 18 years of age, thereby canceling the minor’s authority to drive a motorcycle. If the court terminates the custody order and the minor subsequently resides with a parent in this State, then the parent may cancel the driving privileges of the minor under this section. Once canceled, the applicant can reapply for a motorcycle endorsement when they meet the provisions of this section and pay the endorsement fee. (5) It shall be unlawful for any person to sign the application of a minor under this section when such application misstates the age of the minor or misrepresents themselves or their relationship to the minor. Any person who violates this provision shall be guilty of a class B misdemeanor. Both the minor applicant and the sponsor’s driver’s license will be suspended for 2 months under § 2733(a)(5) of this title. (e) The authorization or endorsement specified in subsection (a) of this section shall not be issued by the Department to any person under the age of 18 years unless such person: (1) Complies with subsection (d) of this section; and (2) Completes a motorcycle rider education program, such program having been approved by the State Department of Transportation pursuant to this chapter.

Del. Code tit. 21, § 2704 Licenses of new residents; penalty.

(a) Every person desiring to operate a motor vehicle shall, within 60 days after taking up residence in this State, apply to the Secretary and obtain the proper license. (b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, the violator shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both. (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 a license to operate a motor vehicle. Every applicant for a driver’s license 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 signed 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.

Del. Code tit. 21, § 2705 Persons exempt from licensing requirements.

The licensing requirements of this title do not apply to: (1) An individual while driving or operating a road roller, road machinery or any farm tractor or implement of husbandry temporarily drawn, moved or propelled on the highways; (2) A member of the armed forces of the United States who is serving on active duty and any dependent of the member, if: a. The driver possesses a license to drive issued to the driver by the driver’s state of domicile; and b. The license authorizes the driver to drive in the driver’s state of domicile vehicles of the class that the driver is driving in this State; or (3) For not more than 30 days after the driver returns to the United States, a member of the armed forces of the United States who is returning from active duty outside the United States and any dependent of the member who is returning from residence with the member outside the United States, if: a. The driver possesses a license to drive issued to the driver by the armed forces of the United States in a place outside the United States; and b. The license authorizes the driver to drive vehicles of the class that the driver is driving in this State.

Del. Code tit. 21, § 2706 Nonresident operators.

(a) A nonresident over the age of 16 years who has been duly licensed under a law requiring the licensing of operators in the nonresident’s home state or country and who has in the nonresident’s immediate possession a valid operator’s license issued to the nonresident in the nonresident’s home state or country shall be permitted without examination or license under this chapter to drive a motor vehicle upon the highways of this State. (b) No nonresident whose home state or country does not require the licensing of operators and who has not been licensed as an operator in the nonresident’s home state or country shall operate any motor vehicle upon any highway in this State without first making application for and obtaining a license as an operator as required under this chapter, except that any unlicensed nonresident who is over the age of 16 years and who is the owner of a motor vehicle which has been duly registered for the current registration year in the state or country of which the owner is a resident may operate such motor vehicle upon the highways of this State for a period of not more than 30 days in any 1 year without making application for or obtaining an operator’s license under this chapter upon condition that the motor vehicle shall at all times display the license number plate or plates issued therefor in the home state or country of the owner and that the nonresident owner has in the nonresident’s immediate possession a registration card evidencing such ownership and registration in the nonresident’s home state or country.

Del. Code tit. 21, § 2707 License qualifications.

(a) (1) No Class D operator’s license shall be issued to any person under the age of 16 years. A CDL Class A, CDL Class B or CDL Class C license shall not be issued to any person under 18 years of age nor to any person 18 years of age or older who has not had at least 1 year’s experience as an operator of a motor vehicle. (2) No endorsement for “L”, “T”, “P” or “N” shall be issued to any person under 18 years of age or to any person 18 years of age or older who has not had at least 1 year’s experience as an operator of a motor vehicle. No endorsement of “H” or “X” shall be issued to any person under 21 years of age or to any person 21 years of age or older who has not had at least 1 year’s experience as an operator of a motor vehicle. (b) The Department shall not issue an operator’s or chauffeur’s license to any: (1) Person whose license has been suspended, during the period for which license was suspended; (2) Person whose license has been revoked under this chapter until the expiration of 1 year after such license was revoked; (3) Person whom it has determined is an habitual drunkard or is addicted to the use of narcotic drugs; (4) Person when in the opinion of the Department such person is a person with a physical or mental disability or disease as will serve to prevent such person from exercising reasonable and ordinary control over a motor vehicle while operating the same upon the highways; (5) Person who is unable to understand highway warning or direction signs in the English language; (6) Person who is subject to loss of consciousness, unless such person furnishes the Department with a certificate of the person’s treating licensed practitioner. This certificate may be from: a. A physician, duly licensed to practice medicine, who may certify that a driver is under sufficient control of loss of consciousness episode(s) and does not have an elevated risk to safely operate a motor vehicle. b. A nonphysician licensed practitioner, who may certify a driver has not had a loss of consciousness episode(s) in the last 3 months and does not have an elevated risk to safely operate a motor vehicle. The Department may find that the person need no longer submit annual certificates of competence to operate a motor vehicle and shall notify the person accordingly. The Department may at its discretion retain medical consultants to advise it. No licensed practitioner who examines a person and provides a certificate in good faith in accordance with this paragraph shall be subject to any civil or criminal liability on account of having provided the certificate. (7) Person who has not reached the person’s eighteenth birthday unless such person has either: a. Completed a course in driver education in a public or private high school in this State, such course having been approved by the State Board of Education and meeting the standards for such courses described by that Board; or b. Been licensed to operate motor vehicles in another state and has completed a course of instruction in driver education and the safe operation of motor vehicles in a public or private high school outside this State. (8) Person who has not reached the person’s eighteenth birthday upon notification by the Family Court of the State pursuant to § 1009 of Title 10, for a time set by the Court in its discretion. (9) Person who has not reached the person’s twenty-first birthday at the time of the offense, who has been convicted of or pleads guilty to, including a conviction or guilty plea pursuant to § 4767 of Title 16 and qualifying for first offender election under § 4177B of this title, any of the offenses listed hereinafter or who has been adjudicated delinquent as a result of acts which would constitute such offense if committed by an adult, for a period of 2 years from the date of sentencing, or until said person’s eighteenth birthday, whichever is longer. The following shall constitute offenses under this paragraph: a. Any drug offense under Title 16. b. Any drug offense under Chapter 5 of Title 11. c. Driving under the influence of alcohol or drugs as defined in § 4177 of this title. d. Any offense punishable under the laws of the United States or any state of the United States substantially conforming to the provisions of the Delaware Code listed in paragraph (b)(9)a., b. or c. of this section. Upon entry of conviction or adjudication of delinquency for any offense included in this paragraph, the Clerk of the Court or other person designated by the Court shall forthwith report such conviction or adjudication of delinquency to the Division of Motor Vehicles for action pursuant to the provisions of this paragraph. (10) Person, other than those persons covered by paragraphs (b)(8) and (9) of this section, who has been convicted of or pleads guilty to any of the offenses listed in paragraph (b)(9)a., b., c. or d. of this section, including a conviction or guilty plea pursuant to § 4767 of Title 16 and qualifying for first offender election under § 4177B of this title, or who has been adjudicated delinquent as a result of acts which would constitute such an offense if committed by an adult, for a period of 6 months after the individual otherwise would have been eligible to have a driver’s license issued if the individual does not have a driver’s license or reinstated if the driver’s license of the person has been suspended at the time the person is so convicted. (11) Person who is the subject of an outstanding capias or bench warrant issued by the Family Court for failure to appear at any paternity or child support proceeding, or with respect to whom the Department has received notification from the Family Court as provided in § 516(g) of Title 13, or notice from the Director of the Division of Child Support Services as provided in § 2216 of Title 13 regarding the denial or suspension of a license because of such person’s child support delinquency. (12) [Repealed.] (13) Person deemed “not eligible” by a Family Court Judge or Commissioner pursuant to entry into the Family Court Adjudicated Juvenile Drug Court Program until a further order of the Court permitting licensing.

Del. Code tit. 21, § 2708 School bus driver’s qualifications.

(a) No person shall drive, nor shall any contractor or public, parochial or private school, permit any person to drive a school bus within the State unless such driver has qualified for a commercial driver’s license (CDL) under Chapter 26 of this title, and a school bus endorsement under this chapter, and other pertinent rules and regulations of the Department. Furthermore, except when in possession of a CDL permit and undergoing training or evaluation and accompanied by a certified Delaware School Bus Driver Trainer, school bus drivers shall at all times, while operating or in control of a school bus have in their immediate possession the following: (1) A properly endorsed and classified Delaware CDL license, with a P (passenger) and S (school bus) endorsement. In exceptional circumstances, the Department of Education may request that the Department issue a 45-day temporary S endorsement to allow a driver to drive upon completion of all requirements except the 12 hours of classroom training. Out-of-state school bus drivers shall comply with § 2709 of this title. (2) A physical examination certification indicating a valid and approved Department of Education physical exam completed within the last year. (b) To qualify for an S (school bus) endorsement an applicant must meet all the following requirements: (1) Be at least 18 years of age with 1 year of driving experience. (2) Have qualified for a CDL license with P (passenger) endorsement. (3) Show completion of a course of training with specific course content as determined by the Department of Education and including the knowledge specified in 49 C.F.R. § 383.123(a)(2). (4) Pass a road test in a school bus administered by the Department and until September 30, 2005, has otherwise met the conditions of 49 C.F.R. § 383.123(b). (5) Not have more than 5 points on the applicant’s 3-year driving record at the time of application. (6) Not have had the applicant’s license suspended, revoked or disqualified in this State or any other jurisdiction for moving violations in the last 5 years. (7) Never have been convicted of any of the following crimes under the laws of this State or of any other jurisdiction: a. Any crime constituting the manufacture, delivery or possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16; b. Any crime against a child; c. Any crime constituting a class A or B felony; d. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter and vehicular homicide; e. Any crime constituting a felony sexual offense; f. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office; or g. Any crime, other than those listed in this paragraph, constituting a felony for which the person has not been pardoned or for which less than 5 years have passed since the person fully discharged all imposed sentences. As used herein, the term “sentence” includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension, and all forms of fines, restitution or community service. (8) Submit to a drug test, to be administered pursuant to the rules and regulations of the Department of Education, the results of which must be negative for controlled substances as defined by 49 U.S.C. § 31306 and the implementing regulations issued by the Secretary of Transportation pursuant thereto unless the controlled substances have been ingested pursuant to a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice. Anyone testing positive to the drug test required in this paragraph shall have the right to request and pay for further analysis of their split sample, pursuant to the rules and regulations of the Department of Education, to determine whether the result was a false positive or the controlled substance was ingested pursuant to a valid prescription or order of a practitioner wile acting in the course of the practitioner’s practice. Refusal to submit to testing, which shall include the provision of a substituted or adulterated test sample, shall be deemed to be a positive test result under this subsection. (c) Any time a license with a school bus endorsement is suspended, revoked or disqualified for moving violations, or the driver exceeds 8 points for moving violations, the school bus endorsement shall become invalid, and the endorsement shall be removed from the license. (d) Renewal of the school bus endorsement shall be as required for other licenses. (e) The Department shall provide school bus driver records at no charge to the Department of Education or to companies contracted to the Department of Education for school bus services. (f) The Department shall conduct a criminal history background check for the purposes of issuing an S 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.

Del. Code tit. 21, § 2709 Out-of-state school bus drivers; qualifications.

(a) Out-of-state school bus drivers shall meet the requirements of their home state for driving a school bus and supplemental Delaware Department of Education training as determined by the Department of Education. (b) Out-of-state school bus drivers shall provide a Delaware Department of Education physical examination certification indicating a valid and approved Delaware Department of Education physical exam completed within the last year. (c) Out-of-state school bus drivers shall upon first employment provide to their supervisor a current copy of their home state driving record. The driver’s supervisors shall maintain on file a current copy of their state driving record. These records will be annually reviewed using the same qualification criteria as found in § 2708 of this title. (1) An out-of-state school bus driver shall: a. Upon first employment, and thereafter annually, provide to the bus driver’s supervisor a current copy of the bus driver’s home state driving record; b. Inform the bus driver’s supervisor any time the bus driver’s license is suspended or revoked. (2) The supervisor of an out-of-state school bus driver shall: a. Maintain on file a current copy of the driver’s driving records; and b. Annually update and review the driver’s driving records using the same qualification criteria as found in § 2708 of this title.

Del. Code tit. 21, § 2710 Issuance of a Level 1 Learner’s Permit and Class D operator’s license to persons under 18 years of age.

(a) The Division, upon receiving from any person who is at least 16 years old but less than 18 years old or a person who is receiving special education services under an active Individualized Education Program who is at least 16 years old but less than 22 years old, an application for a Level 1 Learner’s Permit, together with the fee required by law, may, in its discretion, issue such a permit entitling the applicant, with such a permit in the applicant’s immediate possession, to drive a motor vehicle upon the highways of this State provided they meet all requirements for the permit. Eye screening and medical examinations will be required in accordance with Division policies. The Division may issue a distinctively designed Level 1 Learner’s Permit document or issue the permit holder a Class D license encased in a packet which explains the driver’s limited driving privileges. If the permit holder completes the 12-month driving experience and the sponsor does not withdraw their endorsement, the Division will notify the permit holder by mail that the permit holder is eligible for a Class D license. The time used to compute the 12 months of driving experience shall not include any period of time when the permit holder’s driving privileges were suspended, revoked, canceled, denied or surrendered. (b) Level 1 Learner’s Permit. — A person who is at least 16 years old but less than 18 years old, or a person who is receiving special education services under an active Individualized Education Program who is at least 16 years old but less than 22 years old, may obtain a Level 1 Learner’s Permit if the person has: (1) Successfully completed a course in driver education in a public or private high school in this State, which has been approved by the Department of Education and meets the standards for such courses described by that Department. If the applicant has completed a course of instruction in driver education in a public or private high school outside this State, the applicant must produce a certified copy of that applicant’s high school transcript evidencing the completion of the driver education course; (2) Passed a written test and road skills test administered by the Division or administered by a driver education teacher. Students who require specialized evaluation, training or equipment to operate a motor vehicle because they are persons with a physical or mental disability will be identified by the driver education teacher and tested by the Division; (3) Been certified by the driver education teacher as qualified for licensing; and (4) Submitted an application signed by a sponsor as required by subsection (e) of this section. (c) Restrictions pertaining to the Level 1 Learner’s Permit. — A learner’s permit authorizes the permit holder to drive the specified type or class of motor vehicles as those defined under § 2702(d)(1) of this title for 12 months only under the conditions listed below. If the learner’s permit expires, the applicant will pay the appropriate fees and pass a written and road skills examination conducted by the Division. (1) The Level 1 Learner’s Permit must be in possession of the permit holder. (2) When the permit holder is under mandatory supervision, the permit holder must be supervised by a properly licensed parent, guardian or a licensed driver at least 25 years of age who has held a Class D license for at least 5 years. The supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion. No person other than the supervising driver can be in the front seat. (3) For the first 6 months after issuance, the permit holder may only drive supervised. In order for the permit holder to be able to drive unsupervised as called for in paragraph (c)(4) of this section, a parent or guardian shall certify that the permit holder has completed 50 hours of driving time, which shall include 10 hours of nighttime driving. This certification form shall be developed by the Division of Motor Vehicles, Department of Education and Department of Highway Safety and shall be signed by the parent or guardian and submitted to a Department of Education approved program at the end of this 6-month period. (4) After the first 6 months from issuance, the permit holder may drive unsupervised between the hours of 6:00 a.m. and 10:00 p.m. Such a permit holder may drive only with supervision from 10:00 p.m. to 6:00 a.m. with the exception of times when the permit holder is traveling to and from church activities, work activities and the permit holder’s school. For purposes of this section, the term “school” shall not include school-related activities that do not take place on school property. (5) No passengers other than the adult supervisor and 1 or fewer other passengers can be in the vehicle during the first 12 months. However, the passenger restrictions of this paragraph shall not apply to immediate members of the driver’s family provided the adult supervisor is in the car. During the second 6-month period of unsupervised driving, when a supervisor is not present, only 1 other passenger in addition to the driver can be in the vehicle. (6) The restrictions of paragraph (c)(4) of this section shall not apply to those individuals who are Delaware volunteer fire fighters and ambulance attendants as long as they have permission from their fire chief or ambulance captain in writing with the permit referenced in paragraph (c)(1) of this section and are returning home from their company stations or place of education or training relating to their respective duties for the sole purpose of either an emergency response, an official fire or ambulatory meeting, or education or training relating to said duties. (7) The permit holder and all passengers, under the age of 18, in the vehicle must wear a seat belt or be secured in a child safety seat or booster seat as required by § 4802 or § 4803 of this title when the vehicle is in motion. (8) The permit holder shall not operate a motor vehicle while using a cellular telephone, text messager, or substantially similar electronic device. This paragraph shall not apply if the permit holder has stopped the vehicle at a location off of the lanes of travel. Any permit holder found to be in violation of this paragraph is deemed to be operating the vehicle in a negligent manner and is subject to the penalties set forth in subsection (j) of this section. (d) Class D license qualifications. — A person who is at least 17 years old but less than 18 years old, or who is at least 17 years old but less than 22 years old and receiving special education services under an active Individual Education Program (IEP), may obtain a Class D operator’s license if the person meets the following requirements: (1) The person has held a Level 1 Learner’s Permit issued by the Division for at least 12 months; and (2) The person has an application signed by a sponsor as specified in subsection (e) of this section. The sponsor’s signature on the Level 1 Learner’s Permit application authorizes the minor to obtain the Class D operator’s license when eligible unless the sponsor withdraws, in writing, their authorization for any such license or permit. (e) The Division shall not grant the application of any minor between the ages of 16 years and 18 years or a person receiving special education services under an active Individual Education Program (IEP) between the ages of 16 and 22 for an operator’s license or Level 1 Learner’s Permit unless such application is signed both by the applicant and a sponsor who is the applicant’s parent, guardian, Division of Family Services case worker or court-ordered custodian who resides in this State. (1) Nevertheless, if the applicant has no parent, guardian, Division of Family Services case worker or court-ordered custodian residing in the State to act as the applicant’s sponsor, another responsible adult person acceptable to the Secretary of Transportation who resides with the applicant in this State may sign the application. (2) The following sponsors are listed in order of preference: a. Either parent of the minor if both parents are living together within this State and the minor resides with both parents. b. Father of the minor, if the father is living within this State, and the minor resides with the father only; mother of the minor, if the mother is living within this State, and the minor resides with the mother only; or either parent, if either parent lives within this State, and the minor resides with neither parent, and the minor has no legal guardian within this State; c. Guardian, Division of Family Services case worker or court-ordered custodian of the minor, duly appointed, as such, under the laws of this State; or d. Any suitable person acceptable to the Secretary of Transportation. (3) The Department shall not require as a prerequisite to the issuance of a license to a minor under this section, that the parent, guardian, Division of Family Services case worker or court-ordered custodian who signs the minor’s driver license application be present at the time the application is made by minor or sign the application at the offices of the Division of Motor Vehicle. The signing of the application and acknowledgment thereof, by the parent, guardian, Division of Family Services case worker or court-ordered custodian before a notary public or other person authorized to administer oaths shall be deemed sufficient to satisfy the requirements of this section. However, sponsors designated in paragraph (e)(2)d. of this section shall sign the minor’s license application in the presence of a Division representative. (4) The sponsor who signs the driver’s license application on behalf of a minor has final authority to determine if the minor is capable of handling the responsibility of operating a motor vehicle and authority to designate who can supervise the minor driver per paragraph (c)(2) of this section. The sponsor who signed the application on behalf of the minor can withdraw their endorsement at any time until the minor reaches age 18, thereby canceling the minor’s driving authority regardless of the type of permit or license held. If the court terminates the custody order and the minor subsequently resides with a parent in this State, then the parent may cancel the driving privileges of the minor under this section. To reinstate the canceled driving privileges, an approved sponsor must sign the application on behalf of the minor. When the minor turns 18, they can reinstate their previously held driving privileges without a sponsor’s signature. The applicant can reinstate the driving privileges of a canceled license when they meet the license requirements and pay the appropriate license fee. (5) It shall be unlawful for any person to sign the application of a minor under the provisions of this section when such application misstates the age of the minor or misrepresents the sponsor’s relationship to the minor. Any person who violates this provision shall be guilty of a class B misdemeanor, and both the minor applicant and the sponsor’s driving privileges shall be suspended for 2 months per § 2733(a)(5) of this title. (6) It is unlawful for a sponsor to knowingly allow the holder of a Level 1 Learner’s Permit to drive in violation of paragraph (c)(2) of this section. A sponsor who violates this provision is guilty of an unclassified misdemeanor. (f) Out-of-state driver license transfer. — A person who is at least 16 years old but less than 18 years old, who was a resident of another state and has a driver’s license issued by that state, and who becomes a resident of this State may obtain Delaware driving authority under the following conditions: (1) If the applicant was issued the out-of-state driver’s license for less than 12 months, they are eligible to apply for a Level 1 Learner’s Permit when meeting the requirements under subsection (b) of this section and successfully completing a driver education training program approved by the Delaware Department of Education. (2) If the applicant was issued the out-of-state driver’s license for over 12 months, and has successfully completed a driver education training program approved by the Delaware Department of Education, that applicant is eligible to apply for a Class D operator’s license after meeting the requirements of subsection (e) of this section. Additionally, such a minor applicant must pass a written and road skills examination conducted by the Division. (3) If the applicant holds an out-of-state driver’s license and that applicant is over 18 years old, that applicant can apply for a Delaware Class D operator’s license under §§ 2712 and 2713 of this title. (g) Duration and fees. — (1) A Level 1 Learner’s Permit expires 12 months after the date of issuance. If the applicant’s learner’s permit expires, the permit shall be void. The permit can be reissued when the applicant meets the permit requirements. (2) Except as provided under paragraph (g)(3) of this section, the applicant must pay the $40 Class D license fee at the time of initial application. (3) An applicant is not required to pay a license fee if the applicant is a child in the custody of the Department of Services for Children, Youth, and Their Families or meets the requirements under § 9011A(g) of Title 29. (h) It is unlawful for the holder of a Level 1 Learner’s Permit to operate a motor vehicle in violation of the restrictions that apply to the Level 1 Learner’s Permit. Failure to comply with these restrictions constitutes operating a motor vehicle without a license under § 2701(a) of this title. (i) The Division shall not issue an operator’s license or Level 1 Learner’s Permit to a person who has not reached the person’s eighteenth birthday at the time of the offense if the person has been adjudicated delinquent as a result of acts which would constitute such an offense if committed by an adult as set forth in § 2732(a) of this title. (j) The Department may immediately suspend a minor’s permit, license and/or driving privileges whenever the Department has reason to believe that such person is a reckless or negligent driver of a motor vehicle or has committed a serious moving traffic violation. The Secretary may promulgate policy regulations more stringent than those that apply to other drivers when suspending minors. The suspension period will be for l month for the first suspension and 3 months for subsequent suspensions under this subsection. No suspension under this section shall be used by a motor vehicle insurance company licensed to sell insurance in this State as a basis for canceling a policy of insurance or to raise the premium cost to the insured. (k) Driver education learner’s permit. — The Division, upon receiving proper notice that a person is currently enrolled in a driver’s education course and successfully completed the minimum class hours of actual driving experience and in-the-car observation as approved by the Department of Education, may issue a driver education learner’s permit to such person after the person’s sixteenth birthday, or before the person’s twenty-second birthday if the person is enrolled in an active Individualized Education Program, provided the person meets all other Division requirements. The Division may issue a driver education learner’s permit to those who meet the requirements of this section and need supervised driving experience before completing the road skill s test. The full driver license fee shall be collected at the time of the application. The permit is valid for 4 months. If for any reason whatsoever the applicant fails to pass the required examinations during the 4-month period granted by the permit, the permit shall be void and the driver license fee shall be forfeited. The application must be signed by the sponsor pursuant to subsection (e) of this section. (1) Any person issued a driver education learner’s permit pursuant to this subsection is entitled to drive a motor vehicle described in § 2702(d)(1) of this title upon the highways only when supervised by a properly licensed parent or guardian. If the parent(s) or guardian(s) is (are) not licensed to operate a motor vehicle or the permit holder is in the custody of the Department of Services for Children, Youth and their Families, the holder of the driver education learner’s permit must be supervised by a licensed driver who is 25 years of age or older and have held a Class D driver’s license for at least 5 years. The supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion. No person other than the supervising driver can be in the front seat. (2) The driver education learner’s permit must be in the possession of the permit holder. (3) No passengers other than the adult supervisor and 1 or fewer other passengers can be in the vehicle. However, this passenger limit does not apply to members of the driver’s immediate family. (4) Driving experience obtained while holding this permit will be counted towards and in conjunction with the driving experience restrictions contained in paragraph (c)(3) of this section. (5) The permit holder shall not operate a motor vehicle while using a cellular telephone, text messager, or substantially similar electronic device. This paragraph shall not apply if the permit holder has stopped the vehicle at a location off of the lanes of travel. Any permit holder found to be in violation of this paragraph is deemed to be operating the vehicle in a negligent manner and is subject to the penalties set forth in subsection (j) of this section.

Del. Code tit. 21, § 2711 Application for license.

(a) Every application for an operator’s license shall be made on an application form furnished by the Department. 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, date of birth, sex and residence address of the applicant and whether or not the applicant has previously been licensed as an operator, and, if so, when and by what state and whether or not such license has ever been suspended or revoked and, if so, the date of and reason for such suspension or revocation. (c) Regardless of the age of the applicant, the Division shall require documentary evidence satisfactory to the Division of the applicant’s name, date of birth, legal presence in the United States, Social Security number (if eligible), sex, and Delaware residence address. (d) Any applicant who is able to provide satisfactory documentary evidence of all information described in subsection (c) of this section except for legal presence in the United States, may be eligible for a class D license or a class D temporary instruction permit valid for driving privileges only, hereinafter referred to as a driving privilege card or permit. Federal law prohibits any person from being eligible for a commercial driver license without providing satisfactory documentary evidence of legal presence in the United States. (1) A driving privilege card or permit applicant must also provide the Division with satisfactory documentary evidence that the applicant, for each of the preceding 2 years, has: a. Filed a Delaware income tax return; or b. Resided in Delaware and been claimed as a dependent by an individual who has filed a Delaware income tax return. (2) A driving privilege card or permit applicant must have completed the procedures required under § 8595 of Title 11. (3) A driving privilege card or permit shall not be considered a valid form of identification for any purpose. (4) Every applicant for or holder of a driving privilege card or permit under this section shall be subject to all of the provisions of this and any other title that apply to applicants and holders of class D driver licenses, class D temporary instruction permits, and level 1 learner permits. (5) Notwithstanding any provision to the contrary, to ensure the public trust of the Delaware undocumented population that will utilize the driving privilege card for its intended purposes, all personal identifiable information collected during the application process shall be kept confidential, except in connection with purposes or procedures that would equally apply to applicants under subsection (c) of this section. (e) (1) Any male applicant who applies for an instruction permit or driver’s 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 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 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.

Del. Code tit. 21, § 2712 Application for temporary instruction permits and Class D operator’s license for persons age 18 or older.

(a) A Class D temporary instruction permit may be issued to a person age 18 years or older. A temporary permit shall entitle the applicant to drive during a 12-month period only when the applicant is accompanied by a licensed operator over the age of 21 who is actually occupying a seat beside the driver and there are no more than 2 other persons in the vehicle. (b) If for any reason the applicant fails to pass the required examination during the 12-month period granted by the permit, the permit shall be void, and the fee paid therefor shall be forfeited. (c) The applicant must successfully pass a written examination before being issued a temporary instruction permit, and pass a practical road skills examination before being issued a Class D operator’s license. Eye screening and medical examinations will be administered in accordance with Division policies. (d) It is unlawful for the holder of a Class D temporary instruction permit to operate a motor vehicle when the applicant is not accompanied by a licensed operator over the age of 21 years who is seated beside the driver or if there are more than 2 other persons in the vehicle. Failure to comply with subsection (a) of this section restrictions constitutes operating a motor vehicle without a license under § 2701(a) of this title. (e) Applicants who are receiving special education services under an active Individualized Education Program may waive the provisions of this section and obtain a Class D operator’s license if the person meets the requirements of § 2710(d) of this title. (f) An applicant is not required to pay a fee required by this section if the applicant is a child in the custody of the Department of Services for Children, Youth, and Their Families or meets the requirements under § 9011A(g) of Title 29.

Del. Code tit. 21, § 2713 Examination of applicants; waiver of examination.

(a) The Department shall examine every applicant for an operator’s license before issuing any such license, except as otherwise provided in subsections (b) and (c) of this section. The Department shall examine the applicant as to the applicant’s physical and mental abilities to operate a motor vehicle in such manner as not to jeopardize the safety of persons or property and as to whether any facts exist that would bar the issuance of a license under this chapter. Such examination may not include investigation of any facts other than those directly pertaining to the ability of the applicant to operate a motor vehicle with safety, or other than those facts declared to be prerequisite to the issuance of a license under this chapter. (b) The Department may in its discretion waive the examination of any person applying for the renewal of an operator’s license issued under this chapter. (c) The Department may in its discretion issue an operator’s license under this chapter without examination to every person applying therefor who is of sufficient age, as required by § 2707 of this title, to receive the license applied for and who at the time of such application has a valid unrevoked license of like nature issued to such person under any previous law of this State providing for the licensing of operators or to any person who at the time of such application has a valid unrevoked license of like nature issued to such person in another state under a law requiring the licensing and examination of operators. (d) Written and road skill examinations for students duly enrolled in a driver education course, including students who are receiving special education services under an active Individualized Education Program until the age of 22, will be administered by driver education teachers certified by the Delaware Department of Education. Upon successful completion of the driver education course, the certified teacher must issue a “High School Driver Education Certificate” which will be accepted in lieu of the written and road skill examinations administered by the Division for a period of 6 months from the date of issue. No further testing by the Division is required unless the High School Driver Education Certificate has expired; in such event, full testing is required. Students identified in § 2710(b)(2) of this title as persons with a disability requiring specialized training shall be examined by the Division. All persons under age 18 who transfer their out-of-state license for a Delaware license must be given a written and road test by the Division. Any person who is suspended while operating a motor vehicle on a Level 1 Learner’s Permit, Driver Education Learner’s Permit or temporary instruction permit will be re-examined before reinstatement. Notwithstanding the preceding, the Division must administer written and road skills tests to applicants who are 18 years of age or older, except as otherwise provided in subsections (b) and (c) of this section. (e) (1) In examining an application as required under subsection (a) of this section, the Department shall also examine an applicant regarding the applicant’s knowledge related to traffic stops by a law-enforcement officer, including all of the following: a. An individual’s constitutional and other legal rights during a traffic stop, including rights related to searches and seizures, to remain silent, and to an attorney. b. Laws regarding questioning and detention by a law-enforcement officer, including any laws requiring an individual to present proof of identity to a law-enforcement officer and the consequences for an individual’s or officer’s failure to comply with those laws. c. The role of a law-enforcement officer in general and during a traffic stop and the procedures a law-enforcement officer must follow during a traffic stop. d. How to interact with a law-enforcement officer during a traffic stop. e. How and where to file a complaint against or compliment on behalf of a law-enforcement officer. (2) The Department shall include in its examination of an applicant at least 2 questions to test an applicant’s knowledge related to traffic stops by a law-enforcement officer. (3) The Department of Education, the Department, the Department of Justice, and the Office of Defense Services shall collaborate to produce information to educate an applicant related to traffic stops by a law–enforcement officer, and may consult with any interested parties from the public safety and transportation communities to produce this information. a. The information under this paragraph (e)(3) must include the topics contained in paragraph (e)(1) of this section. b. The information produced under this paragraph (e)(3) may not be construed as legal advice in contravention of § 2504(2) or § 2515 of Title 29 and of § 4602 or § 4604 of Title 29. (4) The Department shall include the information produced under paragraph (e)(3) of this section in any document designed to educate an applicant on the rules for driving a motor vehicle in this State.

Del. Code tit. 21, § 2714 Special examination.

(a) As a prerequisite to the continuation of the operator’s right to drive on the highways, the Department shall cause a special examination to be made of every person involved in a second accident resulting in personal injury, death or property damage to an apparent extent of $250 within any 24-month period, when such person has been adjudged responsible for causing such accidents by a court of competent jurisdiction, to determine whether such person is a person with a physical or mental disability which prevents the safe operation of a vehicle. (b) The Department shall also cause to be examined any person whom the State Police Superintendent, State Police Troop Commanders or chief of police of any city, town or county in this State recommends for such examination. (c) The Department may examine any person with mental or physical conditions which may interfere with safe operation of a motor vehicle when reported, in writing, to the Department by a physician, member of the immediate family, the court or other person acceptable to the Secretary of Transportation. This examination is to determine the person’s physical and mental abilities to operate a motor vehicle in such manner so as not to jeopardize the safety of person or property and whether any facts exist which would bar the continued issuance of a license under this chapter. Such examination shall not include investigation of any facts other than those directly pertaining to the ability of the applicant to operate a motor vehicle safely or other facts declared to be prerequisite to the continued issuance of a license under this chapter. Evaluation requested per subsections (b) and (c) of this section are confidential records used to determine a driver’s ability to safely operate a motor vehicle and shall not be released except by court order.

Del. Code tit. 21, § 2715 Driver license renewal cycle; fees; photograph [For application of this section, see 85 Del. Laws, c. 40, § 15].

(a) Upon receipt of the application and a fee of $50 and after such examination as provided in this chapter, the Secretary may issue, at the Secretary’s discretion, a 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. A permanent resident foreign national may be issued a full 8-year driver’s license. However, a driver’s license 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) Upon receipt of the application and a fee of $20 and after such examination as provided in this chapter, the Secretary may issue, at the Secretary’s discretion, a driving privilege card issued in accordance with § 2711 of this title, 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 is February 29, in which event the driving privilege card shall expire and be renewable on February 28 every fourth year. (c) On or near the date of expiration of a motor vehicle driver’s license, each licensee shall appear at 1 of the Department’s offices and be photographed by the Department of Transportation. Upon approval by the Director of the Division of Motor Vehicles, in the Director’s discretion, the requirement for this appearance may be waived if circumstances prevent the licensee from appearing on or near the time of renewal. (d) A late fee of $10 shall be assessed in addition to the renewal fee for every person whose driver’s license has expired. (e) Notwithstanding subsections (a), (b), and (c) of this section, the Secretary may issue driver licenses for less than 8 years until December 12, 2016, so the number of renewals can be more evenly distributed over an 8-year period. If a driver license is issued for less than 8 years pursuant to this section, the fee shall be calculated at $5.00 per year. (f) Notwithstanding the length of issuance and fees as stated in this section, the length of issuance and fees for commercial motor vehicle driver’s licenses as required in Chapter 26 of this title shall be as required in § 2611 of this title. (g) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915 of Title 29, is exempt from any fee charged under this section for a replacement license. (h) An applicant is not required to pay a fee required by this section if the applicant is a child in the custody of the Department of Services for Children, Youth, and Their Families or meets the requirements under § 9011A(g) of Title 29.

Del. Code tit. 21, § 2716 Permanent license; fees; expiration.

(a) Upon receipt of the application and a fee of $35, and upon proof that such applicant has been licensed by the Department for a period of 3 consecutive years and that such applicant is qualified under this chapter, the Secretary may issue, at the Secretary’s discretion, a permanent driver’s license which shall not become ineffective until or unless otherwise revoked, canceled or suspended as provided by law or until such license expires. (b) Each holder of a permanent driver’s license shall pay an additional fee of $24 every 8 years to the Department in payment of the cost of a photograph which will be taken by the Department. Nonpayment of this fee by the date indicated shall automatically render the license expired. (c) A late fee of $10 shall be assessed in addition to the renewal fee for every person whose driver’s license has expired. (d) Effective April 1, 1990, no more permanent licenses as permitted under this section shall be issued to applicants applying for commercial motor vehicle driver licenses pursuant to Chapter 26 of this title. (e) Effective August 1, 2007, no more permanent licenses shall be issued pursuant to this section, except for renewals of permanent licenses issued prior to that date.

Del. Code tit. 21, § 2717 Refusal to issue license; appeal.

The Department, for sufficient reasons, may refuse to issue any form of license or permit to any applicant. Upon such refusal, such applicant may appeal to the Court of Common Pleas of the county in which the applicant resides. An appeal of a denial of a license pursuant to § 516(g) or § 2216 of Title 13 shall be only as provided in Title 13.

Del. Code tit. 21, § 2718 Information on licenses [For application of this section, see 85 Del. Laws, c. 40, § 15, and c. 485, § 5].

(a) Every license shall bear thereon the distinguishing number assigned to the licensee and shall contain the name, age, residential address and a brief description of the licensee for the purpose of identification and shall have a space for the signature of the licensee. Every license shall also bear thereon a photograph of the licensee. Upon approval by the Director of the Division of Motor Vehicles, in the Director’s discretion, the requirement for a photograph may be waived, if circumstances prevent the licensee from appearing on or near the time of renewal. The licensee’s Social Security number is used for identification purposes and shall be maintained in the Division of Motor Vehicle’s record system. In addition to the information described in this section, a driving privilege card or permit issued in accordance with § 2711 of this title shall be unique in design and bear on its face the phrase “Driving Privilege Only,” and the phrase “Not Valid For Identification.” (b) The Division of Motor Vehicles shall provide a method for permitting a person making application for a license or identification card, or for renewal thereof, to have designated thereon that such person is a donor pursuant to subchapter II, Chapter 27 of Title 16, the Uniform Anatomical Gift Act. (1) Upon such designation, the Division of Motor Vehicles shall in a manner prescribed by the Division make a suitable notation upon the license or identification card indicating that the person is a donor. (2) The designation shall constitute sufficient legal authority for the removal of a body or part thereof upon the person’s death and the designation shall be removed only upon written notice to the Division by the donor. (3) At the time the donor authorizes the designation to appear on the donor’s license or identification card, the donor shall be notified that the designation can be removed only upon written notice to the Division. (4) For purposes of this section, license shall not include any temporary license. (c) The Division of Motor Vehicles shall provide a method for permitting a person applying for a license or identification card, or for renewal thereof, to have designated thereon that such person has a medical condition which may require special attention. (1) Upon such designation, the Division of Motor Vehicles shall in a manner prescribed by the Division make a suitable notation upon the license or identification card indicating that such person has a medical condition which may require special attention. (2) At the time the licensee authorizes the designation to appear on the licensee’s license or identification card, the licensee shall be notified that the designation can be removed only upon written notice to the Division. (3) For purposes of this subsection, license shall not include any temporary license. (4) No designation shall be noted upon the license or identification card of any person under 18 years of age unless written permission of the parents or guardian is granted. (5) For the purposes of this subsection “medical condition” includes the execution of an advance health-care directive under Chapter 25 of Title 16 or POLST form under Chapter 25A of Title 16, and those orders from other states, which are effective under Chapter 25 or Chapter 25A of Title 16. (d) A driver’s license applicant or holder of a driver’s license shall provide the Division with the applicant’s or holder’s social security number if eligible. This shall take place at the time of renewal of such driver’s license or at the time a new license is issued to the applicant for any reason. (e) If an applicant is required to register as a sex offender pursuant to Section 4120 of Title 11, as amended, for a felony conviction the sentencing court shall take possession of the driver’s license and shall tender to the person being sentenced a temporary license, directing that the person report to the Division of Motor Vehicle for a replacement driver’s license with the following code under restrictions: Y indicating sex offender. The person shall tender to the Division of Motor Vehicle a fee of $10 for the replacement license. Upon a person being removed from the registration requirement, the Division of Motor Vehicle shall issue a license without the sex offender code printed upon the license at no charge. The sentencing court shall forward to the Division all licenses that it receives, along with a copy of the sentencing order. (f) Failure to comply with subsection (e) of this section within 30 days of a qualifying felony conviction pursuant to § 4120 of Title 11 will result in the suspension of driving privileges by the Division of Motor Vehicles. (g) The Division of Motor Vehicles shall upon submission of satisfactory proof, designate on a driver license that the holder is a veteran of the uniformed services of the United States. As used in this section, “uniformed services of the United States” means any of the following service branches:United States Army, United States Marine Corps, United States Navy, United States Air Force, United States Space Force, United States Coast Guard, United States Public Health Service Commissioned Corps, National Oceanic and Atmospheric Administration, a reserve component of any of the service branches, or the National Guard. (1) An applicant qualifies to have designation that the holder is a veteran added to their driver license if the applicant served in the uniformed services of the United States and was discharged or released from service under conditions other than dishonorable. (2) Satisfactory proof that the applicant is a veteran includes any of the following: a. Form DD-214, Certificate of Release or Discharge from Active Duty. b. Form DD-256, Discharge Certificate that states “General Under Honorable Conditions”. c. Form NGB-22, Report of Separation and Record of Service, Departments of the Army and the Airforce, National Guard Bureau. d. Valid military ID card including any of the following: 1. White Common Access Card. 2. Department of Defense Blue ID. 3. Department of Defense Red ID. e. A valid driver license issued by a state other than Delaware with designation that the holder is a veteran. f. PHS Form 1867, Statement of Service — Verification of Status of Commissioned Officers of the U.S. Public Health Service; also referred by the short title, “Statement of Service.” g. NOAA Form 56-16, Report of Transfer or Discharge. (3) When the licensee desires to add designation that the holder is a veteran as part of an initial application, renewal, or duplicate of a license, no fee in addition to the standard application or renewal fee may be charged for adding designation that the holder is a veteran. (4) When the licensee desires to add designation that the holder is a veteran before license renewal, a fee of $10 may be assessed for such change. (5) The Division shall coordinate with the Delaware Office of Veterans Services to establish a method of authenticating unclear military documentation.

Del. Code tit. 21, § 2719 Records.

The Department shall file every application for an operator’s license and index the application by name and number and maintain suitable records of all licenses issued and all applications for licenses denied, as well as a record of all licenses which have been suspended or revoked.

Del. Code tit. 21, § 2720 Replacement licenses; requirements; fee [For application of this section, see 85 Del. Laws, c. 40, § 15].

(a) In the event that any operator’s license issued under this chapter is lost or destroyed, the person to whom it was issued may apply to the Department for the issuance of a duplicate or substitute license upon executing such forms as may be required by the Department and upon furnishing proof satisfactory to the Department that such license has been lost or destroyed. Each application for the issuance of a duplicate or substitute license under this subsection must be accompanied by a fee of $20. (b) In the event a name change is requested for any operator’s license issued under this chapter, the person to whom it was issued may apply to the Division for the issuance of an updated license upon submitting such documentation as may be required by the Division. Each application for the issuance of a replacement license must be accompanied by a fee of $10. (c) Upon receipt of the application and the required fee, the Secretary of Transportation of this State may, at the Secretary’s discretion, require an examination of such applicant in accordance with this chapter. (d) Each application for the issuance of a duplicate license certificate must be accompanied by a fee of $20. (e) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915 of Title 29, is exempt from any fee charged under this section for a replacement license. (f) An applicant is not required to pay a fee required by this section if the applicant is a child in the custody of the Department of Services for Children, Youth, and Their Families or meets the requirements under § 9011A(g) of Title 29.

Del. Code tit. 21, § 2721 Duty to sign and carry license.

(a) Every person licensed as an operator shall write the person’s usual signature, in a manner acceptable to the Department, in the spaces provided for that purpose on the license certificate and such license shall not be valid until the certificated is so signed. (b) The licensee shall have such license in the licensee’s immediate possession at all times when driving a motor vehicle and shall display the same upon demand of a uniformed police officer, justice of the peace, peace officer or motor vehicle inspector. It shall be a defense to any charge under this subsection if the person so charged produces in court an operator’s license theretofore issued to such person and valid at the time of the arrest.

Del. Code tit. 21, § 2722 Restricted licenses based on driver’s physical limitations.

(a) The Department upon issuing an operator’s license may, whenever good cause appears, impose restrictions suitable to the licensee’s driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee’s driving ability arising out of or caused by the licensee’s physical defects or infirmities as the Department determines to be appropriate to assure the safe operation of a motor vehicle by the licensee. (b) The Department may either issue a special restricted license or may set forth such restrictions upon the usual license form. (c) The Department may, upon receiving satisfactory evidence of any violation of the restrictions of such license, suspend or revoke the same but the licensee shall be entitled to a hearing as upon a suspension or revocation under this title. (d) It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to that person.

Del. Code tit. 21, § 2723 Medical Advisory Board.

(a) There shall be a Medical Advisory Board consisting of a minimum of 3 members nominated by the Board of Medical Licensure and Discipline or the Chairperson of the Board and appointed by the Secretary. The Chairperson of the Board shall be the Medical Director of the Division of Public Health. The Board shall consult an ophthalmologist or an optometrist in all cases where a vision problem exists. The ophthalmological consultant shall be nominated by the Board of Medical Licensure and Discipline or the Chairperson of the Board, and the optometric consultant shall be nominated by the Delaware Board of Examiners in Optometry or the Chairperson of the Board. Both vision consultants shall be appointed by the Secretary. (b) The Board shall advise the Secretary on medical criteria and vision standards relating to the licensing of drivers under this chapter. (c) The identities of the members of the Board and its vision consultants shall be kept confidential. To maintain confidential their identities, they shall not be required to appear in court. If the qualifications of the members or consultants are challenged in court, the Secretary shall give the court brief professional biographies outlining the training and experience of each member and of each vision consultant. (d) Reports received or made by the Board, or its members, or its vision consultants for the purpose of assisting the Secretary in determining whether a person is qualified to be licensed are for the confidential use of the Board or the Secretary and may not be divulged to any person or used as evidence in any trial except that the reports may be admitted in proceedings under §§ 2717 and 2734 of this title. (e) Members of the Board and its vision consultants shall receive compensation in the amount of $40 per meeting attended.

Del. Code tit. 21, § 2724 Medical evaluation of drivers; suspension; review.

(a) Upon the determination of the Secretary that a licensed driver or applicant for a license may not be physically, visually or mentally qualified to be licensed, the Secretary will mail to the licensed driver or applicant for a license a registered letter with return receipt requested stating the need for a medical or optometric evaluation along with instructions. Attached to this letter will be a physical or visual examination report. The individual so notified shall be required within 30 days from the date of notification to have this report completed. The individual so notified shall make arrangements to be examined by a private physician or private optometrist of the individual’s choice at the individual’s expense, or, if it is determined by the Secretary that the individual is unable to pay for this examination, the Secretary shall arrange with a deputy health officer of the State to have this examination performed. The completed report shall be forwarded by the examining physician or optometrist to the Secretary. (b) If this report is not received within the 30 days or if a reasonable explanation for the delay is not received, the Secretary shall notify the individual that the individual’s driving privilege has been suspended until such report is received and evaluated. (c) The Secretary shall review the report to determine if the case warrants submission to the Medical Advisory Board. If the report gives no medical or optometric information indicating impairment of any degree, the report shall be returned to the Secretary with the indication that there is no apparent need for action based on medical impairment. If the information in the medical or optometric report warrants review by the Board, a copy of the report shall be forwarded to each member of the Board for evaluation. In case of a vision problem the report shall also be forwarded to the optometric or ophthalmological consultants. (d) After review, each member of the Medical Advisory Board and the vision consultants shall report their recommendations to the Secretary. The members of the Board and the vision consultants shall not meet as a group unless such a meeting is called by the Chairperson, but rather each member and consultant shall arrive at an opinion independently and shall inform the Secretary of the member’s or consultant’s recommendations. These recommendations may involve any of the following by way of illustration but not of limitation: (1) No action against driver or applicant. (2) Periodic medical or optometric evaluation. (3) Specific license restrictions. (4) Further medical or optometric evaluation. (5) Driver improvement activity, including retesting. (6) License suspension or cancellation. (e) The Secretary shall make the final decision on whether the driver or applicant for a license should be licensed, refused, issued a restricted license, or have the license suspended or cancelled. (f) Upon the decision of the Secretary, the Department shall notify the driver or applicant and shall afford the driver or applicant an opportunity of a hearing before the Department in the county where the driver or applicant resides. Upon such hearing, the Secretary may rescind the order upon a showing of good cause. (g) Members of the Board and vision consultants and other persons making or evaluating examinations shall not be held liable for their opinions and recommendations. (h) Upon the Secretary’s decision to suspend or cancel a license, the holder of the license may either physically surrender the license or sign documentation required by the Department to affirm the holder’s understanding that the holder is prohibited from driving during the period of suspension or cancellation and that retention of the physical license does not authorize the holder to operate a motor vehicle. (i) At the end of a period of suspension or cancellation and provided that the physical license expiration date has not passed, driving privileges must be reinstated for a nonsurrendered license and no reinstatement fee may be required.

Del. Code tit. 21, § 2725 Standards.

The Secretary shall have the authority to promulgate standards which may be applied by the Medical Advisory Board. Such standards shall also apply to the final determination of the Secretary upon the physical, visual or mental abilities of a driver or applicant.

Del. Code tit. 21, § 2726 Motorcycle rider education program — Established.

(a) The Department of Transportation shall implement a motorcycle rider education program meeting the requirements of this section and § 2727 of this title and any rules or regulations promulgated by the Department. (b) Adequate courses shall be provided to meet the reasonably anticipated needs of all persons in the State who are eligible and who desire to participate in such a program. (c) Courses shall be open to all residents of the State who either hold a current valid driver’s license or who are eligible for a motorcycle learner’s permit. The course shall be open to all persons in the military service stationed in Delaware and their families. (d) State assisted or private instructional services may offer courses in motorcycle rider education; provided, however, such course offerings meet the requirements of this section and § 2727 of this title. Such course offerings by State assisted or private instructional services may be reimbursed under this section and § 2727 of this title. The Secretary may also enter into contracts for needed services related to the courses. (e) The Department of Transportation shall adopt the Motorcycle Safety Foundation Motorcycle Rider Course curricula or establish other equivalent minimum course requirements, designed to develop and instill the knowledge, attitudes, habits and skills necessary for the safe operation of a motorcycle. (f) The Department shall adopt rules and regulations which are necessary to carry out the provisions of the motor rider education program. (g) For any person who successfully completes the motorcycle rider education program, the Department’s motorcycle written examination and road test shall be waived. (h) The total budget for the motorcycle rider education program shall be based on the revenue available or estimated to be available in the special account established for the motorcycle rider education program.

Del. Code tit. 21, § 2727 Motorcycle rider education program — Requirements for instructors.

The Department shall establish minimum requirements for the qualification for a motorcycle rider education instructor. The minimum requirements shall include, but not be limited to, the following: (1) The instructor shall have a high school diploma or its equivalent. (2) The instructor must be at least 18 years of age and must hold a valid driver’s license and a valid motorcycle endorsement. (3) The instructor must hold a valid motorcycle endorsement and must have had at least 2 years of motorcycle riding experience. (4) The instructor’s driver’s license shall not have been suspended or revoked any time during the immediately preceding 2 years. (5) The instructor shall have no convictions for driving under the influence of alcohol or drugs during the immediately preceding 5 years nor shall the instructor have been subject to § 4177B of this title during the immediately preceding 5 years. (6) The instructor shall not have any convictions for moving traffic violations with a total of 4 points during the immediately preceding 2 years. (7) Instructors who are licensed in other states must furnish certified copies of their driving records to the Division of Motor Vehicles. An applicant shall not be eligible for instructor status until the instructor’s driving record for the immediately preceding 5 years is furnished. (8) The instructor must have a Motorcycle Safety Foundation certification as an instructor.

Del. Code tit. 21, § 2728 Motorcycle Rider Education Advisory Committee.

(a) The Motorcycle Rider Education Advisory Committee (“Committee”) is established to do all of the following: (1) Monitor the Motorcycle Rider Education Program (“Program”) established under § 2726 (21 Del. C. § 2726) of this title. (2) Receive input from Delaware agencies and the general public regarding the Program. (3) Assess the future needs of and recommend improvements to the Program. (4) Review pending legislation related to the Program or owning or operating a motorcycle. (5) Review statistical data with regard to motorcycle accidents in the State and make relevant recommendations to the Office of Highway Safety. (b) The Committee is comprised of the following members: (1) One member of the House of Representatives, appointed by the Speaker of the House of Representatives. (2) One member of the Senate, appointed by the President Pro Tempore of the Senate. (3) The Controller General, or a designee selected by the Controller General. (4) One employee of the Department of Transportation and 1 employee of the Office of Highway Safety, appointed by the President Pro Tempore of the Senate. (5) Nine members of the public, 6 of whom are appointed by the Speaker of the House of Representatives and 3 of whom are appointed by the President Pro Tempore of the Senate. (c) (1) The appointed members of the Committee serve at the pleasure of the appointing authority. (2) A vacancy on the Committee is to be filled in the same manner as the original appointment. (d) The member of the House of Representatives appointed by the Speaker is the Chair of the Committee and the member of the Senate appointed by the President Pro Tempore is the Vice-Chair of the Committee. (e) The Chair shall guide the administration of the Committee by doing, at a minimum, all of the following: (1) Supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and other records of the Committee. (2) Notifying an appointing authority of a vacancy on the Committee to be filled by the appointing authority. (f) (1) The Committee must meet at least quarterly. The Committee may meet at the call of the Chair. (2) A quorum of the Committee is a majority of the Committee’s members. (3) Official action by the Committee requires the approval of majority of the Committee’s members. (4) The Committee may adopt rules necessary for its operations. (g) The General Assembly shall provide reasonable and necessary support staff and materials for the Committee to carry out the Committee’s purposes under subsection (a) of this section.

Del. Code tit. 21, § 2731 Duty of courts and police officers.

(a) Every court and police officer having jurisdiction over offenses committed under any law of this State regulating the operation of motor vehicles on highways shall forward to the Department a record of the conviction of any person in any court for a violation of any of such laws within 30 days of the disposition of the case and may recommend the suspension of the driver’s license of the person so convicted. The Department shall thereupon consider and act upon such recommendation in such manner as it deems best. (b) The Justice of the Peace Court and the Court of Common Pleas shall forward to the Department a record of the name and address of a person convicted of a motor vehicle offense that originated in the voluntary assessment center under § 709 of this title who has been sentenced to pay a fine, fee, cost, assessment, or restitution and who has failed to pay the fine, fee, cost, assessment, or restitution at the time sentence was imposed or in accordance with an order of the court. The Justice of the Peace Court and the Court of Common Pleas shall include in the record the amount of the fine, fee, cost, assessment, or restitution owed by the convicted person. When the convicted person pays the fine, fee, cost, assessment, or restitution in full, the clerk or prothonotary shall provide the convicted person with a receipt confirming that the fine, fee, cost, assessment, or restitution has been paid in full. (c) The voluntary assessment center shall forward to the Department a record of the name and address of each person who has been given a Uniform Traffic Complaint and Summons on which a voluntary assessment was permitted pursuant to § 709 of this title and who has failed to do any of the following: (1) Pay the voluntary assessment within 30 days from the date of arrest. (2) Notify the court or voluntary assessment center with 30 days from the date of arrest, in writing, that the person wishes to have a hearing on the charge stated in the Uniform Traffic Complaint and Summons. (3) Appear at trial on the charge stated in the Uniform Traffic Complaint and Summons on the date and time required by the court. (4) Pay the fine on the charge stated in the Uniform Traffic Complaint and Summons in accordance with a deferred payment order.

Del. Code tit. 21, § 2732 Mandatory revocation or suspension of license or refusal to renew or issue a duplicate license.

(a) The Department shall forthwith revoke the license or driving privileges or both of any person upon receiving a record of the conviction, or adjudication of delinquency by Family Court for acts which would constitute such an offense if committed by an adult, of such person of any of the following crimes: (1) a. Upon a conviction of manslaughter, under § 632 of Title 11, if the manslaughter resulted directly from the use of a motor vehicle, or upon conviction of vehicular homicide first degree, pursuant to § 630A of Title 11, the license or driving privileges or both of the person so convicted shall be revoked for a period of 4 years. b. Upon a conviction of vehicular homicide second degree, pursuant to § 630 of Title 11, or upon a conviction for criminally negligent homicide if the homicide resulted directly from the use of a motor vehicle, the license or driving privileges or both of any person so convicted shall be revoked for a period of 3 years. (2) a. Upon conviction for assault first degree, pursuant to § 613 of Title 11 or assault second degree, pursuant to § 612 of Title 11, if the assault resulted directly from the use of a motor vehicle or upon a conviction of vehicular assault first degree, pursuant to § 629 of Title 11, the license or driving privileges or both of any person so convicted shall be revoked for a period of 2 years. b. Upon conviction for vehicular assault second degree, pursuant to § 628A of Title 11, the license or driving privileges or both of any person so convicted shall be revoked for a period of 1 year. (3) Driving a vehicle while under the influence of intoxicating liquor or narcotic drug; provided that upon successful graduation from the Superior Court’s Veterans’ Treatment Court or upon successful completion of the Court of Common Pleas Driving Under the Influence Treatment Program the revocation may be rescinded. (4) Perjury or the making of a false affidavit to the Department under this chapter or any other law of this State requiring the registration of motor vehicles or regulating their operation on highways. (5) Any crime punishable as a felony under the motor vehicle laws of this State or any other felony in the commission of which a motor vehicle is used. (6) Conviction or forfeiture of bail upon 3 charges of reckless driving all within the preceding 12 months; but no license shall be revoked by reason of any conviction or convictions upon the charge of overloading any vehicle as provided in § 4502 of this title. (7) A conviction of a driver of a motor vehicle involved in an accident resulting in the death or injury of another person upon a charge of failing to stop and disclose the driver’s identity at the scene of the accident. (8) A conviction of attempting to flee or elude a police officer after having received a visual or audible signal from the officer as provided in § 4103(b) of this title. (b) On receiving a record of the failure to timely complete a course of instruction under § 4175A or § 4177D of this title, the Department or its successor, shall do all of the following: (1) If the convicted person is a resident of this State, forthwith suspend the convicted person’s license until the court finds that the person has completed the necessary course of instruction and paid all applicable course fees. (2) If the convicted person is a nonresident of this State, forthwith suspend the convicted person’s driving privileges in this State and immediately advise the Motor Vehicle Administrator of the state wherein the convicted person is a resident that the convicted person has failed to timely complete a course of instruction under § 4175A or § 4177D of this title, and requesting that the convicted person’s license to drive be suspended until the court finds that the person has completed the necessary course of instruction and paid all applicable course fees. (c) The Division shall forthwith revoke the license or driving privileges, or both, of any child upon notification by the Family Court of the State pursuant to § 1009 of Title 10. (d) Upon receipt of notification from the Family Court pursuant to § 516(g) of Title 13, or notice from the Director of the Division of Child Support Services pursuant to § 2216 of Title 13 regarding the suspension of a license because of such person’s child support delinquency, the Department shall forthwith suspend such person’s commercial driver license or license to operate a motor vehicle. The provisions of §§ 516(g) and 2216 of Title 13 shall supersede any provisions of this title to the contrary with respect to any matter relating to the denial or suspension of a license under § 516(g) or § 2216 of Title 13. The Department shall create and maintain a record showing a suspended driving status for a person whose license is suspended pursuant to this subsection. A license so suspended shall remain suspended until the person obtains written certification from the Family Court or the Director of the Division of Child Support Services or the Director’s designee that the grounds for suspension of the license under § 516(g) or § 2216 of Title 13 no longer exist. No occupational license may be issued in any case in which a license has been suspended pursuant to § 516(g) or § 2216 of Title 13. (e) [Repealed.] (f) The convictions included in subsections (a) and (b) of this section shall be deemed to include convictions for any violation of this title or a local ordinance or regulation substantially conforming to a state statutory provision. (g) (1) When the name and address of a resident of this State has been forwarded to the Department under § 2731(b) of this title, the Department shall refuse to renew the person’s license or issue any duplicate license to the person until the person provides evidence to the Department that the person has paid in full the fine, fee, cost, assessment, or restitution stated in the record under § 2731(b) of this title. The person shall present the Department with the receipt provided by the clerk or prothonotary under § 2731(b) of this title. (2) When the name and address of a resident of this State has been forwarded to the Department under § 2731(c) of this title, the Department shall refuse to renew the person’s license or issue any duplicate license to the person until the person provides evidence to the Department that any of the following has occurred: a. The fine on the charge stated in the Uniform Traffic Complaint and Summons has been paid. b. The person has appeared before the court and made arrangements to take care of the charge stated in the Uniform Traffic Complaint and Summons. c. The person has been adjudicated not guilty of the charge stated in the Uniform Traffic Complaint and Summons.

Del. Code tit. 21, § 2733 Discretionary suspension or revocation of license or driving privileges.

(a) The Department may immediately suspend the license and driving privileges or both of any person without hearing and without receiving a record of conviction of such person of crime whenever the Department has reason to believe that such person: (1) Has committed any offense for the conviction of which mandatory revocation of license and driving privileges or both is provided in § 2732 of this title, but no license shall be suspended by reason of any conviction or convictions upon the charge of overloading any vehicle as provided in § 4502 of this title; (2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any other person or serious property damage; (3) Is incompetent to drive a motor vehicle or is a person with mental or physical disabilities rendering it unsafe for such person to drive a motor vehicle upon the highways; (4) Is an habitual reckless or negligent driver of a motor vehicle or has committed a serious violation of the motor vehicle laws of this State; (5) Has violated § 2751(a) or (b) of this title; (6) Has violated § 6702 of this title; (7) Has violated § 2118A of this title; or (8) Has violated § 4129 of this title based upon notification of such violation provided by the Department of Transportation to the Department. However, no suspension of driving privileges shall take place if the toll(s), administrative fee and civil penalty has been paid prior to the hearing required under subsection (b) of this section. (b) Whenever the Department suspends the license of any person for any reason set forth in subsection (a) of this section, the Department shall immediately notify the licensee and afford the licensee an opportunity of a hearing before the Department in the county wherein the licensee resides. Upon such hearing the Department shall either rescind its order of suspension or, good cause appearing therefor, may suspend the license of such person for a further period or revoke the license. (c) The Department may suspend or revoke the right of any nonresident to operate a motor vehicle in this State for any cause for which the license of a resident operator or chauffeur may be suspended or revoked, and any nonresident who operates a motor vehicle upon a highway when the right to operate has been suspended or revoked by the Department shall be punished as provided in § 2756 of this title. (d) (1) The Department may suspend or revoke the license of any resident of this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the license of an operator or chauffeur. The Department may, upon receiving a record of the conviction in this State of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this State, forward a certified copy of such record to the Motor Vehicle Administrator in the state wherein the person so convicted is a resident. (2) If the Department takes action pursuant to this subsection because of the receipt of notice of the conviction in another state of a resident of this State for operating a vehicle without insurance, it shall provide the resident with the opportunity to produce for the Department sufficient proof of insurance as determined by the Department showing such insurance to have been in full force and effect at all pertinent times on the day of the occurrence of the offense. If the Department determines that such insurance was in full force and effect at all pertinent times on the day of the occurrence of the offense, the resident’s driver’s license shall be reinstated without a fee and the notation relating to the Department’s action shall be removed from the resident’s driving record. (e) The Department shall not suspend a license for a period of more than 1 year, and upon suspending or revoking any license shall require that such license so suspended or revoked be surrendered to the Department to be retained by it, except that at the end of a period of suspension the license so surrendered shall be returned to the licensee upon payment of the reinstatement fee as provided in § 2737 of this title. (f) The Department, upon receiving a record of the conviction of any person upon a charge of operating a motor vehicle while the license and driving privileges or both of such person is suspended or revoked, shall immediately extend the period of such first suspension or revocation for an additional like period. (g) In the event of a suspension of a driver’s license pursuant to this section, the Department may issue an occupational license during a period of suspension upon application by the applicant upon a form prescribed by the Department and sworn to by the applicant; provided, that the applicant sets forth in said application that the suspension of such license has created an extreme hardship in the conduct of the business usually transacted by the applicant, and that there have been no more than 2 such prior suspensions; provided, however, that no such occupational license shall be issued if the license of the applicant has been suspended for physical and/or mental disability or if the license of the applicant has been revoked for conviction of any of the crimes specified in § 2732 of this title, even though the revocation has created an extreme hardship. (h) The Department, upon receiving a record of convictions of any person upon a charge of operating a motor vehicle in violation of the restriction imposed upon said occupational license during the period of such occupational license, shall immediately extend the period of such suspension for an additional like period and shall forthwith direct such person to surrender said occupational license to the Department. (i) Any person whose operator’s or chauffeur’s license has been suspended and to whom an occupational license has been issued, who drives any motor vehicle upon the highways of this State contrary to the restrictions placed upon such occupational license during the period of such occupational license, upon conviction thereof, shall be fined not less than $25 nor more than $200. (j) The Department ordinarily may not suspend a license based upon a driving record prior to 2 years before the date of the intended suspension. If at the discretion of the Secretary a longer record period should be considered, a suspension may be based upon such longer driving record period. (k) The Division shall forthwith suspend the license or driving privileges, or both, of any child upon notification by the Family Court of the State pursuant to § 1009 of Title 10. ( l ) Except when the name and address of a resident of this State has been forwarded to the Department under § 2731(c) of this title, the Department may, upon receiving a record, notice, or certification of noncompliance by a person for a citation, summons, ticket, or other document issued by an arresting officer for violation of a traffic law, ordinance, rule, or regulation ordering the arrested motorist to appear, suspend the driver’s license or driving privileges of the person who failed to comply. The Department shall not have this power of suspension in cases of parking violations. (m) When the name and address of a nonresident of this State has been forwarded to the Department under § 2731(c) of this title, the Department may suspend the person’s driving privileges in this State and immediately advise the motor vehicle administrator of the state in which the person is a resident that the person’s license to drive be suspended until the person provides evidence that any of the following has occurred: (1) The fine on the charge stated in the Uniform Traffic Complaint and Summons has been paid. (2) The person has appeared before the court and made arrangements to take care of the charge stated in the Uniform Traffic Complaint and Summons. (3) The person has been adjudicated not guilty of the charge stated in the Uniform Traffic Complaint and Summons.

Del. Code tit. 21, § 2734 Appeal.

Any person denied a license or whose license has been revoked by the Department, except where such revocation is mandatory under this chapter, may appeal to the Court of Common Pleas in the county wherein such person resides. In the case of revocation, such appeal shall not operate as a stay. An appeal of a suspension of a license pursuant to § 516(g) or § 2216 of Title 13 shall be only as provided in Title 13.

Del. Code tit. 21, § 2735 New license after revocation; exception.

Except as otherwise provided in § 2732 of this title, a person whose license is revoked under this chapter shall not be entitled to apply for or receive a new license to drive until the expiration of 1 year from the date such former license was revoked.

Del. Code tit. 21, § 2736 Notice; evidence of motor vehicle records.

(a) Whenever a license is suspended or revoked under this subchapter notice shall be given to the holder of such license. (b) Such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit of such notice in the United States mail in an envelope with postage prepaid, addressed to such person at the person’s address as shown by the records of the Department. The giving of notice by mail is complete upon the expiration of 4 days after such deposit of such notice. (c) In any prosecution under this chapter, proof of the giving of notice of suspension or revocation in a manner provided for by subsection (b) of this section may be made by: (1) The certificate of any officer or employee of the Department; (2) An affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof; or (3) A computer generated list of those persons whose suspension and/or revocation notices have been electronically processed through a computer interface system of the Department and a court, such list having been generated electronically at the same time the notice is processed by the computer system. (d) In the event that 1 of the means of proof of the giving of notice enumerated in subsection (c) of this section is utilized, then it shall be unnecessary for any employee or agent of the Department to appear personally in court. (e) In any prosecution under this Code, a conviction record as maintained in the Division of Motor Vehicles, which has been certified by the Director of the Division of Motor Vehicles, may be admitted into evidence and shall be competent evidence that the person named therein was duly convicted of each offense enumerated therein and of the status of that person’s driving license and/or privileges. It shall be unnecessary for any employee or agent of the Department to personally appear for the admission into evidence of such conviction record in any proceeding under this Code.

Del. Code tit. 21, § 2737 Fee for return of suspended license and/or driving privileges.

A person whose license or driving privileges is suspended or disqualified, except a person whose license or driving privileges were suspended or canceled due to a physical, visual, or mental disqualification for licensure under § 2724 of this title, must pay a fee of $50 at the end of such suspension or disqualification for the return of the person’s license and/or the reinstatement of the person’s driving privileges.

Del. Code tit. 21, § 2738 Fee for return of revoked license or driving privileges.

(a) Except as otherwise provided in subsection (b) of this section, an individual whose license or driving privileges have been revoked must pay a fee of $200 at the end of the revocation for the reinstatement of the individual’s license or driving privileges. The reinstatement fee described in this subsection does not include the fee for the issuance of a new license. (b) An individual eligible for reinstatement of the individual’s license or driving privileges who applies for reinstatement within 1 year of being released from the custody of the Department of Correction may not be charged the reinstatement fee described in subsection (a) of this section. For purposes of this subsection, “custody of the Department of Correction” has the same meaning as “Accountability Level V sanction” as defined in § 4204(c) of Title 11.

Del. Code tit. 21, § 2739 Fee for occupational and conditional license.

Any person whose license and/or driving privileges has been suspended or revoked pursuant to this title and who applies for an occupational license or conditional license shall pay a fee of $10 for such occupational or conditional license.

Del. Code tit. 21, § 2739A Suspension resulting from active military duty; reinstatement.

(a) In any case in this or any other jurisdiction in which an operator is charged with an initial driving offense for which a mandatory court appearance is scheduled, and the operator’s driving license is suspended in this State by the Division of Motor Vehicles for failure to appear at the scheduled hearing, the operator shall not be convicted of a subsequent violation of § 2701(b) or § 2756 of this title if, prior to conviction on the subsequent offense, the operator shall produce to the court in which the subsequent offense is to be tried military orders establishing that the operator was on active military duty, without authorized leave, at a location that precluded attendance at the hearing of the initial offense, and proof positive of payment or other complete disposition of the initial offense. (b) In the event of dismissal or withdrawal of the charge under § 2701(b) or § 2756 of this title under the circumstances set forth in subsection (a) of this section, the Division of Motor Vehicles shall reinstate or lift the suspension on the license of the operator upon receipt of proof of such dismissal or withdrawal of the charges. Such proof may be in the form of notice from the court or prosecuting official or other information satisfactory to the Division. Any fee that would otherwise be required for such reinstatement shall be waived. (c) In the event that no subsequent charge has resulted from the suspension, upon presentation to the Division of Motor Vehicles of the same material set forth in subsection (a) of this section, the Division shall reinstate or lift the suspension on the license of the operator. Any fee that would otherwise be required for such reinstatement shall be waived.

Del. Code tit. 21, § 2740 Consent to submit to chemical test; probable cause; test required.

(a) Any person who drives, operates or has in actual physical control a vehicle, an off-highway vehicle, or a moped within this State shall be deemed to have given consent, subject to this section and §§ 4177 and 4177L of this title to a chemical test or tests of that person’s blood, breath and/or urine for the purpose of determining the presence of alcohol or a drug or drugs. The testing may be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of §§ 4177 and 4177L or § 2742 of this title, or a local ordinance substantially conforming thereto. (b) The testing shall be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of § 4177 or § 2742 of this title or a local ordinance substantially conforming thereto and was involved in an accident which resulted in a person’s death. In the event of a fatal accident if the officer does not believe that probable cause exists to require testing, then the officer shall file a written report outlining the reasons for that determination.

Del. Code tit. 21, § 2741 Administration of test; refusal to take test.

(a) At the time a chemical test specimen is required, the person may be informed that if testing is refused, the person’s driver’s license and/or driving privilege shall be: (1) Revoked for a period of at least 1 year if a violation of § 4177 is alleged; or (2) Revoked for a period of at least 2 months if a violation of § 4177L is alleged. The test(s) shall be administered by qualified personnel, as defined in § 2746 of this title, at the direction of the police officer who shall designate which of the tests shall be administered. (b) If there are reasonable grounds to believe that there is impairment by a drug or drugs which are not readily subject to detection by a breath test, a blood and/or urine test may be required even after a breath test has been administered. (c) The fact that the police officer offered or required a person to submit to a preliminary screening test of the person’s breath in order to estimate the alcohol concentration of the person’s blood, at the scene of the stop or other initial encounter between the officer and the person, shall have no bearing upon the implied consent provisions of this chapter. Refusal to take such a preliminary screening test shall not be deemed an implied consent violation nor shall the taking of such a test satisfy the requirements of the implied consent law.

Del. Code tit. 21, § 2742 Revocation; notice; hearing [Effective until fulfillment of the contingency in 81 Del. Laws, c. 155, § 2].

(a) If a person refuses to permit chemical testing, after being informed of the penalty of revocation for such refusal, the test shall not be given but the police officer shall report the refusal to the Department. The police officer may, however, take reasonable steps to conduct such chemical testing even without the consent of the person if the officer seeks to conduct such test or tests without informing the person of the penalty of revocation for such refusal and thereby invoking the implied consent law. (b) (1) Upon certification by the police officer that there existed probable cause to believe that the person had been acting in violation of § 4177 of this title or a local ordinance substantially conforming thereto and that the person refused to submit to a chemical test after being informed of the penalty of revocation for such refusal, the Secretary shall revoke the person’s driver’s license and/or driving privilege for a period of 1 year for a person with no previous violation of § 4177 of this title or this section or a similar statute of any state or the District of Columbia or local government, within 5 years of the date of the charge in question; 18 months’ revocation for a person with 1 previous violation of such statutes as described above; and 24 months’ revocation for a person with 2 or more previous violations of such statutes as described above. (2) Upon certification by the police officer that there existed probable cause to believe that the person had been acting in violation of § 4177L of this title or a local ordinance substantially conforming thereto and that the person refused to submit to a chemical test after being informed of the penalty of revocation for such refusal, the Secretary shall revoke the person’s driver’s license and/or driving privilege for a period of 2 months for a person with no previous violation of § 4177L of this title or this section or a similar statute of any state or the District of Columbia or local government; 6 months for a person with a previous violation of such statutes as described above; and 12 months revocation for a person with 2 or more previous violations of such statutes as described above. (c) Except in those cases wherein the police officer acts pursuant to subsection (b) of this section: (1) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177 of this title or a local ordinance substantially conforming thereto and the person was arrested on that occasion for a violation of § 4177 of this title or a local ordinance substantially conforming thereto or for violation of a criminal statute dealing with injury or death caused to another person by the person’s driving or operation of the vehicle, if driving under the influence is included as an element of such charge, the Secretary shall revoke the person’s driver’s license and/or driving privilege for a period of 3 months for a first time DUI offender, 1 year for a second DUI offender, or 18 months for more than 2 DUI offenses. For purposes of this subsection, a DUI offender shall include anyone who has previously committed a first offense as defined in § 4177B(e) or lost their license pursuant to this section and any person convicted of a violation of § 4177 of this title or similar statutes of any state or the District of Columbia or local government within 5 years of the date of the charge in question, a revocation within 5 years of said date for an implied consent violation or a revocation within 5 years of said date under this subsection. (2) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177L of this title or a local ordinance substantially conforming thereto, and the person was arrested on that occasion for a violation of § 4177L of this title or a local ordinance substantially conforming thereto, the Secretary shall revoke the person’s driver’s license and/or driving privileges for a period of 2 months for the first offense under said section or from 6 to 12 months for each subsequent offense pursuant to said section. (d) No revocation under subsection (b) or (c) of this section is effective until the Secretary or a police officer or other person acting on the Secretary’s behalf notifies the person of the revocation and allows the person a 15-day period to request of the Secretary in writing a hearing as herein provided. If no request is filed in writing with the Division of Motor Vehicles within the 15-day period, the order of revocation becomes effective. If a request for a hearing is filed, a revocation is not effective until the final decision of the hearing officer resulting in a decision adverse to the person. (e) On behalf of the Secretary, the police officer offering a chemical test or directing the administration of a chemical test shall serve immediate notice of revocation on a person who refuses to permit chemical testing after being informed of the penalty of revocation for such refusal, or on a person who is arrested on that occasion, either for a violation of § 4177 or § 4177L of this title or a local ordinance substantially conforming thereto or for violation of a criminal statute dealing with injury or death caused to another person by the person’s driving or operation of the vehicle, if driving under the influence is included as an element of such charge. The officer shall take the Delaware license or permit of the driver in any such case and issue a temporary license effective only for 15 days with a provision for an additional period if a written request for a hearing is received by the Division of Motor Vehicles within the 15-day period. The police officer shall send the person’s driver’s license or permit to the Secretary along with the certificate required by subsection (b) or (c) of this section. (f) The hearing under this section shall be before the Secretary or the Secretary’s designee. The scope of the hearing shall cover the issues of: (1) With respect to subsections (b) and (c) of this section, whether the police officer had probable cause to believe the person was in violation of § 4177 or § 4177L of this title or a local ordinance substantially conforming thereto. (2) With respect to paragraph (c)(1) of this section, whether by a preponderance of the evidence it appears that the person was in violation of § 4177 of this title or a local ordinance substantially conforming thereto. For purposes of this subsection an alcohol concentration of .08 or more pursuant to testing provided for in this section, or § 4177 of this title, or a positive indication of the presence of drugs, shall be conclusive evidence of said violation. (3) With respect to paragraph (c)(2) of this section, whether by a preponderance of the evidence it appears that the person was in violation of § 4177L of this title or a local ordinance substantially conforming thereto. For purposes of this subsection an alcohol concentration of .02 or more pursuant to the testing referred to in this section shall be conclusive evidence of said violation. (4) With respect to subsection (b) of this section, whether the person refused to permit the test after being informed of the penalty of revocation for such refusal. (g) The hearing specified in this section shall be scheduled within 60 days following the filing of the request for a hearing. (h) In addition to the revocation authorized by this section, the Secretary shall require attendance of the person whose license is revoked at a course of instruction or rehabilitation program established under § 4177D of this title.

Del. Code tit. 21, § 2743 Duration of revocation.

(a) Any revocation pursuant to § 2742(b)(1) of this title shall be for a period of 1 year, 18 months or 24 months as appropriate, from the effective date of the revocation. (b) Any revocation pursuant to § 2742(c)(1) of this title shall be for a period of 3 months, 1 year or 18 months, as appropriate, from the effective date of the revocation. (c) The Secretary shall not issue a driver’s license to anyone who has been found in violation of § 2742(b)(1) or (c)(1) of this title until: (1) They have satisfactorily completed a program established under § 4177D of this title; and (2) Have paid all fees under the schedule adopted by the Secretary; and (3) The individual has had a favorable character investigation conducted by the Division of Motor Vehicles. (d) Any revocation pursuant to § 2742(b)(2) of this title shall be for a period of 2 months, 6 months or 12 months as appropriate, from the effective date of the revocation. (e) Any revocation pursuant to § 2742(c)(2) of this title shall be for a period of 2 months, 6 months or 12 months as appropriate, from the effective date of the revocation. (f) If, after expiration of the period of revocation and upon compliance with subsection (c) of this section, the Secretary refuses to issue a driver’s license, the applicant may appeal the Secretary’s denial to the Court of Common Pleas in the county wherein the applicant resides. (g) Notwithstanding subsection (a) of this section, upon satisfactory completion of a program established under § 4177D of this title a person who is a first offender and meets the criteria specified in § 4177B(a) and whose license has been revoked pursuant to § 2742(b) of this title shall be permitted to apply for a driver’s license under the following terms: (1) Payment of all fees under the schedule adopted by the Secretary; (2) At least 4 months have elapsed since the date of ignition interlock device (IID) installation and ignition interlock license issuance; (3) The individual has had a favorable character investigation conducted by the Division of Motor Vehicles. (h) Notwithstanding subsections (a) and (b) of this section, any person who meets the criteria specified in § 4177C of this title may be permitted to apply for the ignition interlock device [IID] to be installed on a vehicle to be driven by the applicant and may be issued an IID license upon meeting the requirements specified in § 4177C of this title.

Del. Code tit. 21, § 2744 Appeal.

The decision of the Secretary shall be final and not subject to judicial review or appeal, unless the Secretary rules against the person at a hearing requested by such person in which event the person may appeal to the Court of Common Pleas, but the appeal shall not operate as a stay of the revocation of that person’s license, permit or privilege to drive.

Del. Code tit. 21, § 2745 Results of test available upon request.

Upon request of any person submitting to a chemical test under this subchapter the result of such test shall be made available to that person, unless that person has entered a plea of guilty to the charge made against that person.

Del. Code tit. 21, § 2746 Persons qualified to administer tests.

Only duly licensed physicians, registered nurses, licensed practical nurses or other persons trained in medically accepted procedures for the drawing of blood and employed by a hospital or other health-care facility, acting at the request of a police officer, may withdraw blood from a person submitting to a chemical test under this subchapter. This limitation shall not apply to obtaining a specimen of breath or urine as to which qualified personnel shall include a police officer as well as the above personnel. Notwithstanding any other provision of law to the contrary, it shall not be necessary in any proceeding under this Code to produce evidence that a person who has withdrawn blood from a person submitting to a chemical test under this title was qualified to do so as defined in this section. Notwithstanding any other provision of law to the contrary, it shall not be necessary to present the testimony of, or certification by, a person who has withdrawn blood from a person pursuant to this section in order to establish chain of physical custody of such evidence.

Del. Code tit. 21, § 2747 Alternate tests; physical incapacity.

If for any reason a person is physically unable to supply enough breath or complete the chemical test, that person shall submit to such other chemical tests as authorized by this subchapter as the police officer shall elect, subject to the requirements of § 2746 of this title. Any person who is unconscious or who is otherwise in a condition rendering that person incapable of refusal shall be deemed not to have withdrawn the consent provided in § 2740 of this title and any test may be performed as provided in § 2746 of this title.

Del. Code tit. 21, § 2748 Civil liability.

A duly licensed physician, medical technician or registered nurse withdrawing a blood sample under this subchapter and a hospital employing such physician, technician or nurse shall not be liable for civil damages for any acts or omissions arising out of the taking of such sample, provided, however, this section shall not relieve such person from civil liability for any malicious act or gross negligence perpetrated in taking the blood.

Del. Code tit. 21, § 2749 Refusal to submit as admissible in evidence.

Upon the trial of any action or proceeding arising out of the acts alleged to have been committed by any person while in violation of § 4177 or § 4177L of this title or local ordinance substantially conforming thereto, the court may admit evidence of the refusal of such person to submit to a chemical test of breath, blood or urine under this subchapter.

Del. Code tit. 21, § 2750 Admissibility in evidence of results of chemical test.

(a) Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while under the influence of alcohol, a drug or drugs, with respect to any chemical test taken by or at the request of the State, the court shall admit the results of a chemical test of the person’s breath, blood or urine according to normal rules of search and seizure law. The informing or failure to inform the accused concerning the implied consent law shall not affect the admissibility of such results in any case, including a prosecution for a violation of § 4177 of this title. The informing of an accused concerning the implied consent law shall only have application and be relevant at a hearing concerning revocation of the driver’s license of said person for a violation of the implied consent law. Nothing contained in this section shall be deemed to preclude the admissibility of such evidence when such evidence would otherwise be admissible under the law relative to search and seizure law such as when such evidence has been obtained by valid consent or other means making the obtaining of the evidence legal under the Fourth Amendment. (b) The doctor-patient privilege shall not apply to the disclosure to law-enforcement personnel nor the admissibility into evidence in any criminal proceeding of the results of a chemical test of a person’s blood, breath or urine for the purpose of determining the alcohol or drug content of that person’s blood irrespective of whether such test was done at the request of a treating physician, other medical personnel or a peace officer.

Del. Code tit. 21, § 2751 Unlawful application for or use of license or identification card.

(a) Fraud in obtaining or attempting to obtain driver’s license or identification card. — A person shall not fraudulently obtain or attempt to obtain a driver’s license or an identification card by misrepresentation. (b) Fraud in application for license or identification card. — A person shall not in any application for a driver’s license or identification card: (1) Use a false or fictitious name; (2) Make a false statement; (3) Conceal a material fact; or (4) Otherwise commit a fraud. (c) Display of canceled licenses. — A person shall not display, cause or permit to be displayed, any canceled license except as permitted under § 2724(h) of this title. (d) Display of revoked licenses. — A person shall not display, cause or permit to be displayed, any revoked license. (e) Display of suspended licenses. — A person shall not display, cause or permit to be displayed, any suspended license except as permitted under § 2724(h) of this title. (f) Display of fictitious licenses or identification cards. — A person shall not display, cause or permit to be displayed, any fictitious license or identification card. (g) Display of fraudulently altered license or identification card. — A person shall not display, cause or permit to be displayed, any fraudulently altered license or identification card. (h) Possession of canceled license. — A person shall not possess any canceled license except as permitted under § 2724(h) of this title. (i) Possession of revoked license. — A person shall not possess any revoked license. (j) Possession of suspended license. — A person shall not possess any suspended license except as permitted under § 2724(h) of this title. (k) Possession of fictitious license or identification card. — A person shall not possess any fictitious license or identification card. ( l ) Possession of fraudulently altered license or identification card. — A person shall not possess any fraudulently altered license or identification card. (m) Loaning license. — A person shall not lend that person’s license to any other person or permit the use of license by another. (n) Display or representation of license or identification card not one’s own. — A person shall not display or represent as that person’s own any license or identification card not issued to that person. (o) Failure or refusal to surrender license or identification card. — A person may not fail or refuse to surrender to the Department on its lawful demand any license or identification card that has been suspended, revoked, canceled, altered, or otherwise fraudulently obtained. The Department may establish alternative means for the surrender of a license or identification. (p) Permitting unlawful use of license or identification card. — A person shall not permit any unlawful use of a license or identification card issued to that person. (q) Prohibited acts. — A person shall not do any act forbidden or fail to perform any act required by this title. (r) Penalty. — Unless otherwise specifically provided for in Chapter 31 of this title, an individual who violates this section shall be guilty of a class B misdemeanor and shall have that individual’s driver’s license or driving privileges suspended for a period to be set by the Court, not to exceed 6 months. The foregoing sentence notwithstanding, an individual who violates subsection (d), (e), (i), or (j) of this section by possessing or displaying a driver’s license that has been suspended or revoked by application of the following statutes shall be guilty of a violation only, provided that the judicial officer adjudicating the charge or charges brought under subsections (d), (e), (i), or (j) of this section has made a factual finding that the defendant was reasonably unaware the driver’s license that defendant possessed or displayed had been suspended or revoked: Title 4, § 904(f) Title 11, § 2106(c) Section 314(b) of this title Section 709(j)(1) of this title Section 2118(n)(1) of this title Section 2703(d)(5) of this title Section 2710(e)(5) of this title Section 2724(b) of this title. (s) Hardship license. — When a driver’s license and/or driving privileges is suspended pursuant to this section, the applicant shall not be eligible for a conditional license, occupational license, work license or any other type of hardship license during the period of suspension, except that after 60 days of suspension the applicant may be eligible for a work license which shall be strictly limited to commuting to or from the applicant’s place of employment and such driving as is a necessary part of the duties of said employment.

Del. Code tit. 21, § 2752 False statements.

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.

Del. Code tit. 21, § 2753 Operation of vehicle by unlicensed minor.

No person shall cause or knowingly permit any minor operator, unless such minor has first obtained a license, to drive a motor vehicle under this chapter.

Del. Code tit. 21, § 2754 Employment of unlicensed person.

No person shall employ any person to operate a motor vehicle who is not licensed as provided in this chapter.

Del. Code tit. 21, § 2755 Authorizing or permitting the operation of a motor vehicle by another.

No person shall authorize or permit a motor vehicle owned by that person or under that person’s control to be driven by any person knowing that said person has no legal right to do so or shall authorize or permit said motor vehicle to be driven in violation of this title.

Del. Code tit. 21, § 2756 Driving vehicle while license is suspended or revoked; penalty.

(a) Any person whose driver’s license or driving privileges have been suspended or revoked and who drives any motor vehicle upon the highways of this State during the period of suspension or revocation shall for the first offense be fined not less than $500 nor more than $1,000 and be imprisoned not less than 30 days nor more than 6 months. For each subsequent like offense, such person shall be fined not less than $1,000 nor more than $4,000 and in addition be imprisoned not less than 60 days nor more than 1 year. However, for a first offense under this section, if the suspension or revocation resulted from a prior or previous driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, the minimum fine shall be $600. For purposes of this section a subsequent offense shall be defined as one occurring within 3 years of a former offense. (b) The minimum fine for a first or subsequent offense shall not be subject to suspension. The minimum period of imprisonment for a subsequent offense shall not be subject to suspension. In addition, for any offense under this section, if the suspension or revocation resulted from a violation of any criminal statute pertaining to injury or death caused to another person by the person’s driving or operation of a vehicle or a driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, the minimum fine shall be $2,000 and shall not be subject to suspension and the minimum period of imprisonment shall not be subject to suspension but shall, notwithstanding any provision of this section or title to the contrary, be served subject to the provisions of § 4205A(b) of this title. (c) (1) With respect to any vehicle used in connection with a violation of this section, while the permit or license of the operator was revoked for violation of § 2742 or § 4177 of this title or pursuant to § 2732 of this title, the court, at the time of sentencing the operator for violating this section, may, upon motion by the State, order the said vehicle be impounded for at least 90 days for the first violation of this section, and for at least 1 year for a subsequent violation, provided that a public or private secure storage area may be obtained by the arresting police agency for said vehicle. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause why the impoundment of such vehicle should cease. Prior to release of said vehicle, the person to whom the vehicle is released shall pay all reasonable towing and storage fees connected therewith. The State and the arresting police agency shall not be liable for any expenses incurred in connection with the towing and storage of said vehicle. (2) In lieu of impoundment, the number plate or registration plate of any vehicle used in connection with a violation of this section, while the permit or license of the operator was revoked for violation of § 4177 or § 2742 of this title or pursuant to § 2732 of this title, shall be surrendered to the Department for at least 90 days for the first violation of this section, and for at least 1 year for a subsequent violation. The court shall permit any party with a legal or equitable interest in the vehicle an opportunity to show cause why the surrender of said plate should cease. (d) Notwithstanding the foregoing, if the judge determines that the sole reason that an individual’s license was suspended is failure to pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), the provisions of subsections (a) to (c) of this section shall not apply and the penalties of § 2701(e) of this title shall apply, which penalties may be suspended.

Del. Code tit. 21, § 2757 Penalties.

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

Del. Code tit. 21, § 2758 Driving during period of denial; penalties.

(a) Any person not licensed to drive a motor vehicle who is arrested and convicted of an offense for which the penalty is a mandatory suspension or revocation of driver’s license or driving privileges shall be ineligible for licensing for a time equivalent to the time that person’s license would have been suspended or revoked if that person had been licensed. (b) Any person not licensed as a driver who is convicted of driving a motor vehicle during a license denial period shall be punished as provided in § 2756 of this title.

Del. Code tit. 21, § 2759 Liability for towing expenses.

Whenever a motor vehicle is towed in connection with the enforcement of § 4177 of this title or a criminal offense for which violation of § 4177 of this title is an element, the person to whom the vehicle is released shall be liable for the towing and storage costs, except that the police agency ordering such towing shall be liable for such costs if the driver was not actually arrested for driving in violation of § 4177 of this title or another criminal offense as a result of that incident and no other existing situation reasonably necessitated such towing.

Del. Code tit. 21, § 2760 Duplication, reproduction, manufacture and sale, altering, or counterfeiting of driver licenses or identification cards; presenting fraudulent identification and driving authority source documents.

(a) A person or company shall not duplicate, reproduce, alter or counterfeit a Delaware driver license or identification card or a driver license or identification card issued by an authorized issuing agency from another state. (b) A person or company shall not sell, offer for sale, manufacture or distribute a driver license or identification card document that is similar in design, shape, size or color to any driver license or identification card issued by the Delaware Division of Motor Vehicles or by an authorized driver license and/or identification card issuing agency from another state. This includes any driver license or identification card that uses the word “Delaware” or any other state name or has the words “not issued by a government agency” or similar words. (c) It shall be unlawful to present fraudulent personal identification source documents, state issued driver licenses or state issued identification cards when applying for a Delaware driver license or identification card. If the Division of Motor Vehicles has reason to believe the documents provided by an applicant are fraudulent after physically examining the documents and/or by using an electronic verification process, the Division shall confiscate the documents, deny the transaction, and provide the documents to a law-enforcement officer or Division investigator. The investigator may recommend prosecution, deny issuance of the document, return the confiscated documents to the applicant, or take any other action deemed appropriate. The applicant may request an administrative hearing to challenge the Division’s decision to retain the confiscated documents or to continue denial of the driver license or identification card based on the presentation of the questioned documents. (d) Identification documents produced by other State of Delaware agencies are exempt from this section. (e) (1) Any person convicted of a violation of subsection (a) or (c) of this section shall be fined not less than $500, nor more than $1,500 or imprisoned not less than 30 days, nor more than 60 days. In addition, the person shall have that person’s driver license and/or driving privileges suspended for a period of 1 year. (2) Any person convicted of a violation of subsection (b) of this section shall be guilty of a class G felony as the same is defined in Chapter 42 of Title 11 and shall be sentenced in accordance therewith. (f) When a driver license and/or driving privileges is/are suspended pursuant to this section, the applicant shall not be eligible for a conditional license, work license or any other type of hardship license during the suspension period.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 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.

Del. Code tit. 21, § 2764 Fee for taxicab authorization [For application of this section, see 85 Del. Laws, c. 40, § 15].

The fee for the authorization specified in § 2762 of this title is $10. The fee for renewals is also $10.

Del. Code tit. 21, § 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 the driver’s 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.

Del. Code tit. 21, § 2766-2781 §§ 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.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title21/c027/sc01/index.htmlFetched: 10/4/2026