Title 21, Motor Vehicles

§ 2705. Persons exempt from licensing requirements. The licensing requirements of this title do not apply to: (1) An individual while driving or operating a road roller, road machinery or any farm tractor or implement of husbandry temporarily drawn, moved or propelled on the high…

§ 2706. Nonresident operators. (a) A nonresident over the age of 16 years who has been duly licensed under a law requiring the licensing of operators in the nonresident’s home state or country and who has in the nonresident’s immediate possession a valid operator’s license issued…

§ 2707. License qualifications. (a) (1) No Class D operator’s license shall be issued to any person under the age of 16 years. A CDL Class A, CDL Class B or CDL Class C license shall not be issued to any person under 18 years of age nor to any person 18 years of age or older who …

§ 2708. School bus driver’s qualifications. (a) No person shall drive, nor shall any contractor or public, parochial or private school, permit any person to drive a school bus within the State unless such driver has qualified for a commercial driver’s license (CDL) under Chapter …

§ 2709. Out-of-state school bus drivers; qualifications. (a) Out-of-state school bus drivers shall meet the requirements of their home state for driving a school bus and supplemental Delaware Department of Education training as determined by the Department of Education. (b) Out-o…

§ 2710. Issuance of a Level 1 Learner’s Permit and Class D operator’s license to persons under 18 years of age. (a) The Division, upon receiving from any person who is at least 16 years old but less than 18 years old or a person who is receiving special education services under a…

§ 2711. Application for license. (a) Every application for an operator’s license shall be made on an application form furnished by the Department. The original application shall be verified by the applicant before a person authorized to administer oaths. (b) Every application sha…

§ 2712. Application for temporary instruction permits and Class D operator’s license for persons age 18 or older. (a) A Class D temporary instruction permit may be issued to a person age 18 years or older. A temporary permit shall entitle the applicant to drive during a 12-month …

§ 2713. Examination of applicants; waiver of examination. (a) The Department shall examine every applicant for an operator’s license before issuing any such license, except as otherwise provided in subsections (b) and (c) of this section. The Department shall examine the applican…

§ 2714. Special examination. (a) As a prerequisite to the continuation of the operator’s right to drive on the highways, the Department shall cause a special examination to be made of every person involved in a second accident resulting in personal injury, death or property damag…

§ 2715. Driver license renewal cycle; fees; photograph [For application of this section, see 85 Del. Laws, c. 40, § 15]. (a) Upon receipt of the application and a fee of $50 and after such examination as provided in this chapter, the Secretary may issue, at the Secretary’s discre…

§ 2716. Permanent license; fees; expiration. (a) Upon receipt of the application and a fee of $35, and upon proof that such applicant has been licensed by the Department for a period of 3 consecutive years and that such applicant is qualified under this chapter, the Secretary may…

§ 2717. Refusal to issue license; appeal. The Department, for sufficient reasons, may refuse to issue any form of license or permit to any applicant. Upon such refusal, such applicant may appeal to the Court of Common Pleas of the county in which the applicant resides. An appeal …

§ 2718. Information on licenses [For application of this section, see 85 Del. Laws, c. 40, § 15, and c. 485, § 5]. (a) Every license shall bear thereon the distinguishing number assigned to the licensee and shall contain the name, age, residential address and a brief description …

§ 2719. Records. The Department shall file every application for an operator’s license and index the application by name and number and maintain suitable records of all licenses issued and all applications for licenses denied, as well as a record of all licenses which have been s…

§ 2720. Replacement licenses; requirements; fee [For application of this section, see 85 Del. Laws, c. 40, § 15]. (a) In the event that any operator’s license issued under this chapter is lost or destroyed, the person to whom it was issued may apply to the Department for the issu…

§ 2721. Duty to sign and carry license. (a) Every person licensed as an operator shall write the person’s usual signature, in a manner acceptable to the Department, in the spaces provided for that purpose on the license certificate and such license shall not be valid until the ce…

§ 2722. Restricted licenses based on driver’s physical limitations. (a) The Department upon issuing an operator’s license may, whenever good cause appears, impose restrictions suitable to the licensee’s driving ability with respect to the type of or special mechanical control dev…

§ 2723. Medical Advisory Board. (a) There shall be a Medical Advisory Board consisting of a minimum of 3 members nominated by the Board of Medical Licensure and Discipline or the Chairperson of the Board and appointed by the Secretary. The Chairperson of the Board shall be the Me…

§ 2724. Medical evaluation of drivers; suspension; review. (a) Upon the determination of the Secretary that a licensed driver or applicant for a license may not be physically, visually or mentally qualified to be licensed, the Secretary will mail to the licensed driver or applica…

§ 2725. Standards. The Secretary shall have the authority to promulgate standards which may be applied by the Medical Advisory Board. Such standards shall also apply to the final determination of the Secretary upon the physical, visual or mental abilities of a driver or applicant…

§ 2726. Motorcycle rider education program — Established. (a) The Department of Transportation shall implement a motorcycle rider education program meeting the requirements of this section and § 2727 of this title and any rules or regulations promulgated by the Department. (b) Ad…

§ 2727. Motorcycle rider education program — Requirements for instructors. The Department shall establish minimum requirements for the qualification for a motorcycle rider education instructor. The minimum requirements shall include, but not be limited to, the following: (1) The …

§ 2728. Motorcycle Rider Education Advisory Committee. (a) The Motorcycle Rider Education Advisory Committee (“Committee”) is established to do all of the following: (1) Monitor the Motorcycle Rider Education Program (“Program”) established under § 2726 (21 Del. C. § 2726) of thi…

§ 2731. Duty of courts and police officers. (a) Every court and police officer having jurisdiction over offenses committed under any law of this State regulating the operation of motor vehicles on highways shall forward to the Department a record of the conviction of any person i…

§ 2732. Mandatory revocation or suspension of license or refusal to renew or issue a duplicate license. (a) The Department shall forthwith revoke the license or driving privileges or both of any person upon receiving a record of the conviction, or adjudication of delinquency by F…

§ 2733. Discretionary suspension or revocation of license or driving privileges. (a) The Department may immediately suspend the license and driving privileges or both of any person without hearing and without receiving a record of conviction of such person of crime whenever the D…

§ 2734. Appeal. Any person denied a license or whose license has been revoked by the Department, except where such revocation is mandatory under this chapter, may appeal to the Court of Common Pleas in the county wherein such person resides. In the case of revocation, such appeal…

§ 2735. New license after revocation; exception. Except as otherwise provided in § 2732 of this title, a person whose license is revoked under this chapter shall not be entitled to apply for or receive a new license to drive until the expiration of 1 year from the date such forme…

§ 2736. Notice; evidence of motor vehicle records. (a) Whenever a license is suspended or revoked under this subchapter notice shall be given to the holder of such license. (b) Such notice shall be given either by personal delivery thereof to the person to be so notified or by de…

§ 2737. Fee for return of suspended license and/or driving privileges. A person whose license or driving privileges is suspended or disqualified, except a person whose license or driving privileges were suspended or canceled due to a physical, visual, or mental disqualification f…

§ 2738. Fee for return of revoked license or driving privileges. (a) Except as otherwise provided in subsection (b) of this section, an individual whose license or driving privileges have been revoked must pay a fee of $200 at the end of the revocation for the reinstatement of th…

§ 2739. Fee for occupational and conditional license. Any person whose license and/or driving privileges has been suspended or revoked pursuant to this title and who applies for an occupational license or conditional license shall pay a fee of $10 for such occupational or conditi…

§ 2739A. Suspension resulting from active military duty; reinstatement. (a) In any case in this or any other jurisdiction in which an operator is charged with an initial driving offense for which a mandatory court appearance is scheduled, and the operator’s driving license is sus…

§ 2740. Consent to submit to chemical test; probable cause; test required. (a) Any person who drives, operates or has in actual physical control a vehicle, an off-highway vehicle, or a moped within this State shall be deemed to have given consent, subject to this section and §§ 4…

§ 2741. Administration of test; refusal to take test. (a) At the time a chemical test specimen is required, the person may be informed that if testing is refused, the person’s driver’s license and/or driving privilege shall be: (1) Revoked for a period of at least 1 year if a vio…

§ 2742. Revocation; notice; hearing [Effective until fulfillment of the contingency in 81 Del. Laws, c. 155, § 2]. (a) If a person refuses to permit chemical testing, after being informed of the penalty of revocation for such refusal, the test shall not be given but the police of…

§ 2743. Duration of revocation. (a) Any revocation pursuant to § 2742(b)(1) of this title shall be for a period of 1 year, 18 months or 24 months as appropriate, from the effective date of the revocation. (b) Any revocation pursuant to § 2742(c)(1) of this title shall be for a pe…

§ 2744. Appeal. The decision of the Secretary shall be final and not subject to judicial review or appeal, unless the Secretary rules against the person at a hearing requested by such person in which event the person may appeal to the Court of Common Pleas, but the appeal shall n…

§ 2745. Results of test available upon request. Upon request of any person submitting to a chemical test under this subchapter the result of such test shall be made available to that person, unless that person has entered a plea of guilty to the charge made against that person.21…

§ 2746. Persons qualified to administer tests. Only duly licensed physicians, registered nurses, licensed practical nurses or other persons trained in medically accepted procedures for the drawing of blood and employed by a hospital or other health-care facility, acting at the re…

§ 2747. Alternate tests; physical incapacity. If for any reason a person is physically unable to supply enough breath or complete the chemical test, that person shall submit to such other chemical tests as authorized by this subchapter as the police officer shall elect, subject t…

§ 2748. Civil liability. A duly licensed physician, medical technician or registered nurse withdrawing a blood sample under this subchapter and a hospital employing such physician, technician or nurse shall not be liable for civil damages for any acts or omissions arising out of …

§ 2749. Refusal to submit as admissible in evidence. Upon the trial of any action or proceeding arising out of the acts alleged to have been committed by any person while in violation of § 4177 or § 4177L of this title or local ordinance substantially conforming thereto, the cour…

§ 2750. Admissibility in evidence of results of chemical test. (a) Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while under the influence of alcohol, a drug or drugs, with respect to any chemical test taken by or at t…

§ 2751. Unlawful application for or use of license or identification card. (a) Fraud in obtaining or attempting to obtain driver’s license or identification card. — A person shall not fraudulently obtain or attempt to obtain a driver’s license or an identification card by misrepr…