DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE JOINT RESOLUTION NO. 4

DIRECTING THE DIVISION OF MOTOR VEHICLES TO OPT INTO A FEDERAL EXEMPTION TO DEVELOP A "SCHOOL BUS ONLY - COMMERCIAL DRIVER'S LICENSE".

WHEREAS, since July 1, 2022, the Federal Motor Carrier Safety Administration (FMCSA) has established a long-term exemption allowing for states to make modifications to commercial driver’s licenses (CDL) for applicants seeking school bus (S) and passenger (P) endorsements and the intrastate only (K) restriction; and

WHEREAS, the FMCSA has extended this school bus only CDL exemption through November 27, 2024; and

WHEREAS, the exemption allows for first time CDL applicants seeking a school bus only license endorsement with an intrastate restriction to opt out of the portion of the CDL test that identifies engine components found “under the hood;” and

WHEREAS, the exemption would still require school bus only CDL applicants to demonstrate their proficiency and ability to safely operate the special features of a school bus; and

WHEREAS, when considering whether to grant this exemption in 2022, the FMCSA concluded it was in the best interest of the public and would not negatively impact public safety; and

WHEREAS, there is an ongoing need for capable and qualified school bus drivers to transport youth to their schools and extracurricular activities within the state.

NOW, THEREFORE:

BE IT RESOLVED by the Senate and the House of Representatives of the 152 ^nd General Assembly of the State of Delaware, with the approval of the Governor, that the Division of Motor Vehicles shall opt into the FMCSA’s federal exemption to allow for first time CDL applicants seeking school bus (S) only endorsement with the intrastate only (K) restriction by May 1, 2024.

SYNOPSIS

This Joint Resolution directs the Division of Motor Vehicles to opt into the FMCSA’s federal exemption that allows for first time CDL applicants seeking a school bus only endorsement on their driver’s license. An applicant’s school bus only endorsement would only apply to intrastate operation of a school bus. The Division of Motor Vehicles is directed to implement this policy by May 1, 2024.

Author: Senator Hoffner