Delaware General Assembly

Signed 7/10/06

The General Assembly has ended, the current status is the final status.

6/8/06

Henry

Rep. Ewing

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCIAL DRIVER LICENSES AND COMMERCIAL MOTOR VEHICLES.

The various parts of this housekeeping bill will bring Delaware law into compliance with the Motor Carrier Safety Improvement Act of 1999 (MCSIA), which became effective September 30, 2005. The definition of ‘conviction’ has been changed in Chapter 26 of Title 21. The definition of ‘Issue and issuance’ has been added to Chapter 26 of Title 21. Violations for unlawfully driving a commercial motor vehicle have been separated and clarified to prohibit persons from operating a commercial motor vehicle when a license is denied, withdrawn, barred, canceled, suspended, revoked, or disqualified; from violating an out-of-service order; and from violating an out-of-service order while transporting hazardous materials or passengers. Delaware will become the State of Record for those persons transferring a CDL from another state. The 120-day disqualification period for CDL drivers has been clarified for subsequent serious violations. The Division will notify other states within 30 days of convictions relating to motor vehicle traffic control (other than a parking violation), and states will be notified of such convictions within 10 days as of September 30, 2008. Persons holding a valid CDL from Canada or Mexico will be allowed to drive a commercial motor vehicle through this State. National Guard members will be allowed to operate commercial motor vehicles for military operations in this State without having a commercial driver license.

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Takes effect upon being signed into law

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