Bill Text: DE HB394 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Volume 79, Chapter 214 Of The Laws Of Delaware And Title 21, Chapter 26 Of The Delaware Code Relating To Commercial Learner Permits And Commercial Driver Licenses.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2014-06-30 - Signed by Governor [HB394 Detail]
Download: Delaware-2013-HB394-Draft.html
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SPONSOR: |
Rep. Mitchell & Sen. Peterson |
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Reps. Briggs King, Keeley, Smyk, Wilson; Sen. Lopez |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 394 |
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AN ACT TO AMEND VOLUME 79, CHAPTER 214 OF THE LAWS OF DELAWARE AND TITLE 21, CHAPTER 26 OF THE DELAWARE CODE RELATING TO COMMERCIAL LEARNER PERMITS AND COMMERCIAL DRIVER LICENSES. |
Section 1. Amend §2608, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§608. Commercial driver license qualification standards [Effective July 8, 2015]
(d) Commercial learner permit (CLP). –
(1) The issuance of a CLP is a precondition to the initial issuance of a CDL. A CLP may be issued to an individual who has satisfied the following requirements:
a. Is at least 18 years of age;
b. Holds a valid Delaware driver license; and
c. Has passed the vision and written tests required for a CDL.
(4)
A CLP holder is eligible to apply for a passenger, school bus, or
tank endorsement while holding a CLP provided the written test is passed for
each endorsement prior to the permit issuance. A CLP holder with a passenger or
school bus endorsement is prohibited from carrying passengers or students. A
CLP holder with a tank endorsement may only operate an empty tank vehicle. All
other endorsements as defined by 49 C.F.R. §383.153(b) are prohibited on
a CLP.
Section 2. Amend §2609, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2609 Non-domiciled CDL or CLP [Effective July 8, 2015]
(a) The Division of Motor Vehicles may issue a non-domiciled CDL or CLP to an applicant who:
(2) If the applicant is domiciled in a state
that is prohibited from issuing CDLs and CLPs in accordance with 49 C.F.R. §
384.405. The applicant is eligible to obtain a non-domiciled CDL or CLP from
any state that complies with testing and licensing standards in accordance with
49 C.F.R. Part 383, and elects to issue a non-domiciled CDLs or
CLPs.
(3) The word "non-domiciled" must appear on
the face of the non-domiciled CDL or CLP. An applicant must surrender any non-resident
non-domiciled CDL or CLP issued by another state. Prior to issuing a
non-domiciled CDL or CLP, the Division of Motor Vehicles must establish the practical
capability of revoking, suspending, or cancelling the non-domiciled CDL or CLP
and disqualifying that person with the same conditions applicable to the
commercial driver license issued to a resident of this State.
Section 3. Amend §2610, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§610 Application for commercial driver license or commercial learner permit [ Effective July 8, 2015]
(d)
The applicant must provides the names of all states where the
applicant has previously been licensed to driver any type of motor vehicle
during the previous 10 years.
Section 4. Amend §2611, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2611 Commercial driver license [Effective July 8, 2015]
(b) Classifications, endorsements and restrictions. — Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions; the holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued, and all lesser classes of vehicles except motorcycles and taxicabs which require special endorsements, unless the proper endorsement appears on the license:
(1) Classification. —
a. CDL
Class A. — Any combination of vehicles with a GCWR of 26,001 pounds or
more, provided the GVWR of the vehicle(s) being towed towed unit(s)
is in excess of 10,000 pounds.
Section 5. Amend §2612, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2612 Disqualification and cancellation [Effective July 8, 2015]
(a)
A person operating a CMV while either holding a CDL license, CLP, or being
required to hold a CDL license, CLP, or any CDL or CLP holder
operating a non-CMV shall be disqualified from driving a commercial motor
vehicle for a period of not less than 1 year if convicted of a first violation
of the following in accordance with 49 C.F.R. §383.51, Table 1:
(7) Driving a commercial motor vehicle when, as a result of prior violations committed operating a commercial motor vehicle, the driver's CDL or CLP is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle.
(f) After suspending, revoking,
or canceling a commercial driver license or commercial learner permit,
the Division of Motor Vehicles must update its records to reflect that action
within 10 days. After suspending, revoking or canceling a nonresident
commercial driver's privileges, the Division of Motor Vehicles must notify the
licensing authority of the state which issued the commercial driver license or
commercial driver instruction learner permit within 10 days.
Section 6. Amend Chapter 214, Volume 79 of the Laws of Delaware by making deletions as shown by strike through and insertions as shown by underline as follows, and by consecutively renumbering the remaining sections accordingly:
Section 9 Section 8. Amend §2612, Title
21 of the Delaware Code by making insertions as shown by underlining and
deletions as shown by strike through as follows:
Section 7. Amend Chapter 214, Volume 79 of the Laws of Delaware by making deletions as shown by strike through and insertions as shown by underline as follows:
Section 14. Unless
otherwise specified herein, the provisions of this bill Section 12 of
this Act (said Section amending §2626, Title 21 of the Delaware Code) shall
become effective April 17, 2014. The remaining provisions of this Act shall
become effective July 8, 2015.
SYNOPSIS
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This bill makes several corrections and revisions to the Uniform Commercial Driver License Act that were inadvertently included in or omitted from Senate Substitute 1 to Senate Bill 39 (79 Del. Laws ch. 214), which was enacted to bring Delaware into compliance with the Federal Motor Carrier Safety Administration's new commercial driver license and commercial learner permit issuance standards. Most significantly, this bill clarifies that renumbered Section 12 of SS 1 to SB 39 (79 Del. Laws ch. 214, §12)—which amended 21 Del.C. §2626—becameeffective on April 17, 2014. This is important because federal regulations now require medical examinations of CLP/CDL applicants and holders to be conducted by FMCSA-certified medical examiners who are listed on the National Registry of Certified Medical Examiners. |
