Delaware General Assembly


CHAPTER 89

AN ACT TO AMEND SECTION 2733, TITLE 21, DELAWARE CODE, ENTITLED DISCRETIONARY SUSPENSION OR REVOCATION OF DRIVER'S LICENSE SUCH AMENDMENT RELATING TO OCCUPATIONAL LICENSE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 2733, Title 21, Delaware Code is amended by adding three new subsections thereto as follows:

(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, that no prior occupational license has been issued within the preceding 12 months and that there has been no more than two 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of the applicant has been suspended for physical and/or mental disability or if the license of the applicant has been revoked for conviction of any of the crimes specified in section 2732, Title 21, Delaware Code even though the revocation has created an extreme hardship.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.

() Any person whose operators or chauffeur's license has been suspended and an occupational license 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 shall be guilty of a misdemeanor and upon conviction thereof in the Superior Court of the State of Delaware shall be fined not less than $25 nor more than $200.

Approved June 19, 1961.