Title 21 — Motor Vehicles

§ 2503. New certificate of title, registration and inspection; exceptions [For applicability of this section, see 80 Del. Laws, c. 77, § 23]. (a) The transferee of a Delaware registered vehicle shall make application for a new certificate of title immediately following purchase, …

§ 2504. Transfer to a dealer; transfer by a dealer. (a) If the transferee is a dealer, the owner upon transferring a registered vehicle shall properly endorse the registration card and deliver it together with the certificate of title properly assigned to the dealer who shall imm…

§ 2505. Transfer to automotive recycler. (a) Whenever an automotive recycler purchases or otherwise acquires any vehicle, whether registered or unregistered, for the purpose of wrecking or dismantling it in order to resell the parts thereof, such automotive recycler shall obtain …

§ 2506. Transfer by operation of law; duty of transferee. In the event of the transfer by operation of law of the title or interest of an owner in and to a vehicle as upon transfer-on-death, inheritance, devise or bequest, order in bankruptcy or insolvency or execution sale, the …

§ 2507. Retitling vehicle in another state. Whenever any motor vehicle for which a title has been issued by the Department, whether such vehicle is registered or unregistered, is removed from this State, through transfer or otherwise, for the purpose of retitling the vehicle in a…

§ 2508. Fee to transfer title [For applicability of this section, see 80 Del. Laws, c. 77, § 23]. The fee for transferring title to a vehicle shall be $35. A $35 penalty fee shall be charged for the issuance of a new certificate of title on a Delaware titled vehicle when the appl…

§ 2509. Delivery of title application to Department. If a licensed dealer holds for sale a motor vehicle, truck tractor, trailer or any other vehicle required by this title to be registered or titled by the Department and transfers the motor vehicle, truck tractor, trailer or oth…

§ 2510. Endorsement and delivery of certificate of title upon transfer; penalty [For applicability of this section, see 80 Del. Laws, c. 77, § 23]. (a) The owner of a motor vehicle for which a certificate of title is required shall not sell or transfer that title or interest in o…

§ 2511. Penalties. (a) Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $100, or imprisoned not less than 30 days nor more than 90 days or both. For each subsequent like offense, the person shall be fined not less than $100 nor mo…

§ 2512. Transfer for salvage. (a) Except as provided under subsection (g) of this section, when a registered or unregistered motor vehicle, for which a title has been issued by the Department, is transferred as salvage as a result of a total loss insurance settlement, the insuran…

§ 2513. Duty of owner or holder of certificate of title in reference to stolen vehicles. Whenever any motor vehicle for which a title has been issued by the Department, whether such vehicle is registered or unregistered, is stolen, the owner or holder of the certificate of title …

§ 2514. Sale of used taxicabs; notice; inspection; penalty. (a) No person shall knowingly offer for sale or exchange in this State any motor vehicle which was previously licensed and used as a taxicab or for public transportation until the certificate of title for such motor vehi…

§ 2515. Sale of motor vehicles lacking catalytic converters. (a) No person shall sell a motor vehicle from which the catalytic converter has been removed without first advising the purchaser in writing and obtaining the purchaser’s signature upon said notification that the cataly…

§ 2601. Short title. This chapter may be cited as the “Uniform Commercial Driver License Act.”67 Del. Laws, c. 157, § 1;

§ 2602. Statement of intent and purpose. (a) The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub. Law 99-570) [49 U.S.C. § 521, Appendix §§ 2304, 2701-2716; repealed] and reduce or prevent commercial motor …

§ 2603. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. Notwithstanding any other provision of this title, the following definitions apply to this chapter: (1) “Alcohol” means any substance containing any form of alcohol, including, but not limited …

§ 2604. Limitation on number of driver licenses. No person who drives a commercial motor vehicle may have more than 1 driver license.67 Del. Laws, c. 157, § 1;

§ 2605. Notification required by driver. (a) Notification of convictions. — (1) To State. — Any driver holding a commercial driver license issued by this State, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in this or an…

§ 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…

§ 2607. Commercial driver license required. (a) Except when driving under a CLP 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 commerc…

§ 2608. Commercial driver license qualification standards [For application of this section, see 85 Del. Laws, c. 40, § 15]. (a) Testing. — (1) General. — No person may be issued a commercial driver license unless that person is a resident of this State and has passed a knowledge …

§ 2609. Non-domiciled CDL or CLP. (a) The Division of Motor Vehicles may issue a non-domiciled CDL or CLP to an applicant who: (1) Is domiciled in a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and …

§ 2610. Application for commercial driver license or commercial learner permit. (a) The application for a commercial driver license or commercial learner permit must include the following: (1) The full name and current residential and mailing address of the person; (2) A physical…

§ 2611. Commercial driver license [For application of this section, see 85 Del. Laws, c. 40, § 15]. (a) Content of license. — The commercial driver license must be marked “Commercial Driver License” and must be, to the maximum extent practicable, tamper proof. It must include, bu…

§ 2612. Disqualification and cancellation. (a) A person operating a CMV while either holding a CDL, CLP, or being required to hold a CDL, CLP, or any CDL or CLP holder operating a non-CMV shall be disqualified from driving a commercial motor vehicle for a period of not less than …

§ 2613. Prohibited alcohol offenses for commercial motor vehicle drivers. (a) Notwithstanding any other provision of this title, a person may not drive, operate, or be in physical control of a commercial motor vehicle within this State while having any measurable amount of alcoho…

§ 2614. Implied consent requirements for commercial motor vehicle drivers. (a) A person who drives a commercial motor vehicle within this State is deemed to have given consent, subject to provisions of this title, to take a test or tests of that person’s blood or breath for the p…

§ 2615. Notification of traffic convictions. (a) Whenever a person who holds a CDL from another state is convicted of a violation of this State or local law relating to motor vehicle traffic control (other than a parking violation), in any type of vehicle, the Division must notif…

§ 2616. Driving record information to be furnished. Notwithstanding any other provision of law to the contrary, the Division of Motor Vehicles must furnish full information regarding the driving record of any person: (1) To the driver license administrator of any other state, or …

§ 2617. Rulemaking authority. The Department may adopt any rules and regulations necessary to carry out the provisions of this chapter.67 Del. Laws, c. 157, § 1;

§ 2618. Authority to enter agreements. The Department may enter into or make agreements, arrangements, or declarations to carry out the provisions of this chapter.67 Del. Laws, c. 157, § 1;

§ 2619. Reciprocity. (a) Notwithstanding any law to the contrary, a resident of another state who is issued a CDL/CLP or non-domiciled CDL/CLP issued by that state, or by the Canadian Provinces and Territories in conformity with the Canadian National Safety Code, or a Licencia Fe…

§ 2620. False statements; incorrect or incomplete information. (a) Whoever makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed is guilty of perjury and shall be fined or imprisone…

§ 2621. Waivers for commercial driver license provisions. (a) The provisions of this chapter are waived for the following specific groups of drivers who operate: (1) Farm vehicles which are: a. Controlled and operated by a farmer; b. Used to transport either agricultural products…

§ 2622. Penalties. (a) Whoever violates §§ 2604, 2605(b)-(c), 2606, 2607, 2612 and 2613 of this title shall for the first offense be fined not less than $200 nor more than $2,500. For subsequent offense the person shall be fined not less than $500 nor more than $5,000 or imprison…

§ 2623. Other penalties. (a) Whoever violates this chapter shall for the first offense be fined not less than $50 nor more than $100. For each subsequent like offense, the person shall be fined not less than $100 nor more than $200, or imprisoned not less than 10 days nor more th…

§ 2624. Jurisdiction. Justices of the peace shall have jurisdiction over violations of this chapter.67 Del. Laws, c. 157, § 1;

§ 2625. Masking violations. The State shall not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL/CLP holder’s and CMV driver’s conviction for any violation, in any type of motor vehicle, of a state or local traf…

§ 2626. CDL medical certification requirements. (a) CDL medical self-certification requirements. — (1) Beginning January 30, 2012, any person applying for an initial CLP/CDL must self-certify to the Division that such person is operating commercial motor vehicles in a nonexcepted…

§ 2627. CDL Drug and Alcohol Clearinghouse requirements. (a) The Division shall request information from the Clearinghouse, and if applicable, deny the issuance, renewal, upgrade, or transfer of a CDL or CLP as stated in § 2608(c)(2) of this title. (b) The Division shall, upon re…

§ 2801. Declaration of policy. It is hereby declared to be the policy of this State to: (1) Provide maximum safety for all persons who travel or otherwise use the public highways of this State; and (2) Deny the privilege of operating motor vehicles on our highways to persons who …

§ 2802. “Habitual offender” defined. An “habitual offender” shall be any person, resident or nonresident, whose driving record, as maintained in the office of the Division of Motor Vehicles, shows that such person has accumulated convictions for separate and distinct offenses des…

§ 2803. Certification of record to Attorney General. The Director of the Division of Motor Vehicles shall certify the conviction record, as maintained in the Division of Motor Vehicles, of any person whose record brings that person within the definition of an habitual offender, a…

§ 2804. Attorney General to initiate court proceeding; petition. The Attorney General, upon receiving the abstract from the Director of the Division of Motor Vehicles, shall forthwith file a petition against the person named therein in the Court of Common Pleas in and for the cou…

§ 2805. Service of petition; order to show cause. Upon the filing of the petition, the Court of Common Pleas shall enter an order incorporating by attachment the aforesaid abstract and direct the person named therein to appear at a time scheduled by the Court and show cause why t…

§ 2806. Hearing; procedure. The matter shall be heard by the Court without a jury. If such person denies that that person was convicted of any offense shown in the abstract necessary for a holding that that person is an habitual offender, and if the Court cannot, on the evidence …

§ 2807. Court’s findings; judgment; prothonotary to submit copy. If the court finds that the person is not the same person named in the abstract, or that the person is not an habitual offender under this chapter, the proceeding shall be dismissed. If the court finds that the pers…

§ 2808. Appeals. An appeal may be taken from any final action or judgment entered under this chapter in the same manner and form as appeals in civil or criminal actions.21 Del. C. 1953, § 2808; 58 Del. Laws, c. 416.;

§ 2809. Prohibition against issuance of driver’s license or operation of motor vehicle; restoration of privilege. No license to operate a motor vehicle in this State shall be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this …

§ 2810. Driving after judgment prohibited; penalty; jurisdiction. (a) It shall be unlawful for any person to operate any motor vehicle in this State while the judgment of the Court prohibiting the operation remains in effect. Any person found to be an habitual offender under this…