Bill Text: DE SB39 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Commercial Learner Permits And Commercial Driver Licenses.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Enrolled - Dead) 2014-01-16 - SS 1 for SB 39 - Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT [SB39 Detail]
Download: Delaware-2013-SB39-Draft.html
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SPONSOR: |
Sen. Peterson & Rep. Mitchell |
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Sens. Ennis, Henry, Lavelle; Rep. Bennett |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 39 |
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AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCIAL LEARNER PERMITS AND COMMERCIAL DRIVER LICENSES. |
Section 1. Amend §603, Title 21 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through and renumbering where appropriate as follows:
Notwithstanding any other provision of this title, the following definitions apply to this chapter:
(7) "Commercial driver instruction
permit" "Commercial Learner Permit (CLP) means a permit issued
pursuant to §2608(d) of this title.
(29) "Major Traffic Violation" means any conviction defined as "Major" as specified by 49 C.F.R. 383.51(b) Table 1.
(30) "Manual Transmission" means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gearshift mechanism either operated by hand or foot.
(32) "Medical examiner" for purposes of conducting U.S. Department of Transportation physical examination for CMV certification means a person who is licensed, certified, and/or registered, in accordance with applicable state laws and regulations, to perform physical examinations. The term includes but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic. For medical examinations conducted on and after May 21, 2014, a medical examiner must be certified by FMCSA and listed on the National Registry of Certified Medical Examiners as defined in this section.
(36)"National Registry of Certified Medical Examiners" means a program administered by the Federal Motor Carrier Safety Administration (FMCSA) that establishes requirements for healthcare professionals who perform physical qualification examinations for commercial motor vehicle (CMV) drivers. All healthcare professionals whose scope of practice authorizes them to perform physical examinations and who intend to perform physical examinations and issue medical certifications for CMV drivers to meet the requirements of Section 391.41 of the Federal Motor Carrier Safety Regulations (FMCSRs) must be certified and listed on FMCSA's National Registry no later than May 21, 2014.
(40) "Nonresident Non-domiciled
CDL" means a CDL or CLP issued by a State under either of the
following 2 conditions:
a. To an individual domiciled in a foreign country meeting the requirements of §383.23(b)(1) of 49 C.F.R.
b. To an individual domiciled in another state meeting the requirements of § 383.23(b)(2) of 49 C.F.R.
(42) "Railroad-highway grade crossing
violation" means convictions in a commercial motor vehicle of
violations of a federal, State or local law or regulation pertaining to
1 of the following 6 offenses at railroad-highway grade crossings:
a.
For drivers who are not required to always stop, failing to slow down and check
that the tracks are clear of an approaching train;
b.
For drivers who are not required to always stop, failing to stop before
reaching the crossing if the tracks are not clear;
c.
For drivers who are always required to stop, failing to stop before driving
onto the crossing;
d.
For all drivers, failing to have sufficient space to drive completely through
the crossing without stopping;
e.
For all drivers, failing to obey a traffic control device or the directions of
an enforcement official at the crossing; and
f.
For all drivers, failing to negotiate a crossing because of insufficient
undercarriage clearance. any conviction defined as "Railroad-highway
grade crossing" as specified by 49 C.F.R. 383.51(d) Table 3.
(44) "Serious traffic violation" means any
conviction defined as "Serious", specified by 49 C.F.R. 383.51 (c) Table 2.
of any of the following offenses when operating a CMV, except weight, defect
and parking violations:
a.
Excessive speeding, involving any single offense for any speed of 15 miles per
hour or more above the posted speed limit;
b. Reckless driving, as defined by state or local law or regulation, including but not limited to offenses of driving a CMV in willful or wanton disregard for the safety of persons or property;
c.
Improper or erratic traffic lane changes;
d.
Following the vehicle ahead too closely;
e.
A violation, arising in connection with a fatal accident, of state or local law
relating to motor vehicle traffic control;
f.
Driving a CMV without obtaining a CDL;
g. Driving a CMV without a CDL in the driver's possession. Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, shall not be guilty of this offense; or
h.
Driving a CMV without the proper class of CDL and/or endorsements for the
specific vehicle group being operated or for the passengers or type of cargo
being transported.
(46) "Tank Vehicle means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks, having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or chassis.
Section 2. Amend §2606, Title 21 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§2606. Employer responsibilities.
(a) Each employer must require the applicant to provide the information specified in §2605(c) of this title.
(b) No employer may allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(1)
In which the driver has had a commercial driver license CDL/CLP suspended,
revoked, or cancelled by any state, is currently disqualified from driving a
commercial vehicle, or has been issued an out of service order in any state; or
(2) In which the driver has more than 1 driver license.
(3)
In which the driver does not have a CDL/CLP license for the type
vehicle the employer requires the driver to drive.
Section 3. Amend §2607, Title 21 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§2607. Commercial driver license required.
(a)
Except when driving under a commercial driver instruction permit commercial
learner permit and accompanied by the holder of a commercial driver license
valid for the vehicle being driven or while being tested by the Department for
a commercial driver's license, no person may drive a commercial motor vehicle
unless the person holds a commercial driver license and applicable endorsements
valid for the vehicle being driven and is in possession of such license.
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This bill will bring Delaware into compliance with Federal Motor Carrier Safety Administration's new commercial driver license and commercial learner permit issuance standards. Much of the bill is housekeeping and includes changes such as altering the language "commercial driver instructor permit" to "commercial learner permit", changing the language "non-resident" to "non-domiciled", adding new definitions, and adding commercial learner permit specifications to Delaware law. Other changes include limiting certain endorsements to the commercial learner permit, requiring medical examiners to be certified by FMCSA, and adding new restrictions to the commercial driver license. |
Author: Senator Peterson
