Chapter 27

§ 2701 Driving without a license; penalties. (a) No person shall drive a motor vehicle on a public street or highway of this State without first having been licensed under this chapter, unless expressly exempt from the licensing requirements. (1) Those students enrolled in an approved Delaware Department of Education driver education course can drive without a learner’s permit when under the supervision of a certified driver education teacher. (2) Failure to adhere to the Level 1 Learner’s Permit restrictions under § 2710(c) of this title or temporary instruction permit restrictions under § 2712(a) of this title constitutes a violation of this section. Those motor vehicle operators holding a Level 1 Learner’s Permit or temporary instruction permit who violate this section will be suspended for 2 months for the first offense and 4 months for any subsequent offenses. (b) No person shall drive a motor vehicle on a public street or highway of this State after serving a period of suspension, revocation or license denial, without first having obtained a valid license through proper reinstatement procedures as prescribed by this title. (c) No person shall drive on a public street or highway of this State a motor vehicle of a class or type for which the person has not been duly licensed. (d) No person whose license has expired shall drive a motor vehicle on a public street or highway of this State. (e) Whoever violates subsection (a) or (b) of this section shall for the first offense be fined not less than $50 nor more than $200. For each subsequent like offense, the person shall be fined not less than $100 nor more than $500 or imprisoned for a term not to exceed 6 months, or both. (f) Whoever violates subsection (c) or (d) of this section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, the person shall be fined not less than $50 nor more than $100. 36 Del. Laws, c. 10, §  51 ; Code 1935, §  5589; 21 Del. C. 1953, §  2701; 55 Del. Laws, c. 313, §  1 ; 58 Del. Laws, c. 239, §  51 ; 61 Del. Laws, c. 343, §  1 ; 65 Del. Laws, c. 503, §  11 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 282, §  7 ; § 2702 Driver's license classification, qualifications, fees; learner's permits; definitions. (a) The Division upon issuing a driver’s license shall indicate thereon, in a manner prescribed by the Division, the type or general class of vehicles the licensee may drive. (b) The Division shall establish such qualifications as it believes reasonably necessary for the safe operation of the various types, sizes or combinations of vehicles and shall appropriately examine each applicant according to the type or general class of license applied for. (c) (1) When the licensee desires to change the type or class of license which the licensee has been issued and such change requires another examination to be administered, a fee of $10 shall be assessed for such change. (2) When the licensee desires to add an endorsement or endorsements to the licensee’s license, and the endorsement requires additional testing, a fee of $5.00 shall be assessed. (3) These fees shall not be imposed on motorcycle applicants for whom fees are required under § 2703 of this title. (d) Vehicles driven by minor permit holders. — (1) A “Driver Education Learner’s Permit” authorizes the holder to operate those vehicles that a holder of a Class D operator’s license can operate. (2) A “Level 1 Learner’s Permit” authorizes the holder to operate those vehicles referenced under paragraph (d)(1) of this section. (e) Classifications, endorsements and restrictions. — (1) Class D operator’s license. — Authorizes the license holder to operate any single vehicle with a GVWR of less than 26,001 pounds or any such vehicle towing a vehicle with a GVWR not in excess of 10,000 pounds. The vehicle must be designed to transport 15 or fewer passengers, including the driver, and they shall not transport hazardous materials which require the vehicle to be placarded under federal law. (2) Temporary license. — A temporary license may be issued to the holder of a valid Class D operator’s license or commercial driver’s license to extend the expiration date, to replace a lost license or in lieu of the Class D or CDL licensing document. A temporary license or temporary instruction permit may be issued to an unlicensed driver for specialized training. (3) Temporary instruction permit. — Authorizes the holder to operate those vehicles defined under paragraph (e)(1) of this section. (4) Commercial driver’s license. — CDL Class A, CDL Class B and CDL Class C licenses are defined in § 2611(b) of this title. (5) Conditional license. — Limited driving privileges granted under § 2607(b) or § 4177C of this title and § 4767 of Title 16. (6) Occupational license. — Limited driving privileges granted under §§ 2118(r), 2607(b) and 2733(g) of this title. (7) Hardship license. — Limited driving privileges granted under § 2751(s) of this title. (8) Endorsement and restriction codes. — The Division is authorized to establish endorsement and restriction codes based upon this title. (9) Non-CDL Class A or non-CDL Class B license. — Authorizes the holder to operate farm vehicles, fire-fighting equipment, and other authorized emergency vehicles under the commercial driver license waivers defined in § 2621 of this title. (10) IID license. — Authorizes the holder to operate a vehicle with full Class D operators driving privileges only when the vehicle is equipped with an ignition interlock device. 36 Del. Laws, c. 10, §  62 ; Code 1935, §  5600; 21 Del. C. 1953, §  2702; 58 Del. Laws, c. 485 ; 60 Del. Laws, c. 339, §  1 ; 67 Del. Laws, c. 157, §  2 ; 67 Del. Laws, c. 260, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 282, §  6 ; 71 Del. Laws, c. 375, §  1 ; 72 Del. Laws, c. 92, §  3 ; 73 Del. Laws, c. 414, §  1 ; 74 Del. Laws, c. 135, §  3 ; 74 Del. Laws, c. 273, §  1 ; 76 Del. Laws, c. 233, §  4 ; 78 Del. Laws, c. 13, §§  60, 70 ; 79 Del. Laws, c. 295, §  1 ; 79 Del. Laws, c. 396, §  2 ; 82 Del. Laws, c. 91, § 2 ; 83 Del. Laws, c. 37, § 24 ; § 2703 License to operate a motorcycle, motorbike, etc. (a) No person shall operate a “motorcycle,” as defined by § 101 of this title, motorbike or other 2-wheeled or 3-wheeled motor-driven vehicle upon a highway of this State without having been properly licensed and having passed, to the satisfaction of the Department, an examination testing the person’s ability to operate such vehicle safely. The Department shall place a motorcycle endorsement on the driver license authorizing the operation of such vehicle. A person who passes an examination administered by the Department on a 3-wheeled motorcycle shall have a restriction placed on that person’s driver license, in addition to the motorcycle endorsement, limiting that person to the operation of 3-wheeled motorcycles. A temporary motorcycle instruction permit can be issued to a person age 18 or older after passing a written motorcycle examination. This permit expires in 6 months. If for any reason whatsoever the applicant fails to pass the required road skills examination during the 6-month period granted by the permit, the permit shall be void, and the fee paid therefor shall be forfeited unless the applicant requests an extension thereof and pays the sum of $5.00. Upon payment of said sum the Division shall immediately issue 1 extension only of the permit for an additional 6 months. If the applicant fails to pass the required examination within the additional 6-month period, the permit shall become void. The following provisions shall apply to a person while operating a motorcycle with a temporary instruction permit for the operation of a motorcycle: (1) No passengers shall be allowed on the motorcycle; (2) Operating a motorcycle between sunset and sunrise is prohibited; (3) A safety helmet and eye protection as approved by the Office of Highway Safety must be worn; and, (4) Operation is not permitted on the federal interstate highway system. (b) The initial and subsequent renewal fee for an authorization or endorsement under this section shall be $8.00 when the authorization or endorsement holder also holds a commercial motor vehicle driver license endorsed for the transport of hazardous materials. Otherwise, the fee for an initial authorization or endorsement under this section and each renewal shall be $12. (c) Of each of the initial fees for authorization or endorsement collected pursuant to subsection (b) of this section the sum of $5.00 is appropriated to the Department of Transportation and shall be placed in a special account to be used only for expenses incurred in the administration of the motorcycle rider education program. For each fee collected for subsequent renewals pursuant to subsection (b) of this section, the total of such renewal fee shall also be appropriated to the Department of Transportation to be placed in said special account. (d) The authorization or endorsement specified in subsection (a) of this section shall not be issued by the Division to any person under the age of 18 years unless the application therefor is signed both by the applicant and by the parent, guardian or court-ordered custodian of the applicant with whom the applicant resides in this State. (1) Nevertheless, if the applicant has no parent, guardian or court-ordered custodian residing in the State to act as that applicant’s sponsor, another responsible adult person who resides with the applicant in this State who is acceptable to the Secretary of Transportation may sign the application. (2) The following sponsors are listed in order of priority: a. Either parent of the minor, if both parents are living together within this State and the minor resides with both parents; b. Father of the minor, if the father is living within this State, and the minor resides with the father only; mother of the minor, if the mother is living within this State, and the minor resides with the mother only; or either parent, if either parent lives within this State, and the minor resides with neither parent, and the minor has no legal guardian within this State; c. Guardian or court-ordered custodian of the minor, duly appointed as such, under the laws of this State; or d. Any suitable person acceptable to the Secretary of Transportation. (3) The Department shall not require as a prerequisite to the issuance of a license to a minor under this section, that the parent, guardian or court ordered custodian who signs the minor’s driver license application be present at the time the application is made by the minor, or sign the application at the offices of the Division of Motor Vehicles. The signing of the application and acknowledgment thereof by the natural parent, guardian, or court-ordered custodian before a notary public or other person authorized to administer oaths shall be deemed sufficient to satisfy the requirements of this section. Sponsors designated in paragraph (d)(2)d. of this section shall sign the minor’s license application in the presence of a Division representative. (4) The sponsor who signs the motorcycle endorsement application on behalf of a minor can withdraw their sponsorship at any time until the minor reaches 18 years of age, thereby canceling the minor’s authority to drive a motorcycle. If the court terminates the custody order and the minor subsequently resides with a parent in this State, then the parent may cancel the driving privileges of the minor under this section. Once canceled, the applicant can reapply for a motorcycle endorsement when they meet the provisions of this section and pay the endorsement fee. (5) It shall be unlawful for any person to sign the application of a minor under this section when such application misstates the age of the minor or misrepresents themselves or their relationship to the minor. Any person who violates this provision shall be guilty of a class B misdemeanor. Both the minor applicant and the sponsor’s driver’s license will be suspended for 2 months under § 2733(a)(5) of this title. (e) The authorization or endorsement specified in subsection (a) of this section shall not be issued by the Department to any person under the age of 18 years unless such person: (1) Complies with subsection (d) of this section; and (2) Completes a motorcycle rider education program, such program having been approved by the State Department of Transportation pursuant to this chapter. 21 Del. C. 1953, §  2702A; 55 Del. Laws, c. 313, §  1 ; 59 Del. Laws, c. 373, §§  1, 2 ; 62 Del. Laws, c. 237, §§  2, 3 ; 65 Del. Laws, c. 27, §  2 ; 65 Del. Laws, c. 356, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 282, §§  3, 4 ; 72 Del. Laws, c. 46, §  1 ; 72 Del. Laws, c. 225, §§  1, 2 ; 72 Del. Laws, c. 344, §§  3, 4 ; 74 Del. Laws, c. 110, §§  51-55 ; 76 Del. Laws, c. 41, §§  1, 2 ; 76 Del. Laws, c. 260, §§  1-4 ; 78 Del. Laws, c. 8, §§  5-7 ; 78 Del. Laws, c. 212, §§  1-3 ; 80 Del. Laws, c. 136, §  1 ; 80 Del. Laws, c. 168, §  2 ; 82 Del. Laws, c. 93, § 1 ; 83 Del. Laws, c. 505, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 332, § 1 ; 85 Del. Laws, c. 40, § 1 ; 85 Del. Laws, c. 161, § 1 ; § 2704 Licenses of new residents; penalty. (a) Every person desiring to operate a motor vehicle shall, within 60 days after taking up residence in this State, apply to the Secretary and obtain the proper license. (b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, the violator shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both. (c) The Division of Motor Vehicles shall provide notice of the obligation to register pursuant to § 4120 of Title 11 to each new resident applicant for a license to operate a motor vehicle. Every applicant for a driver’s license shall sign an acknowledgment provided by the Division that the applicant has received notice that registration in compliance with § 4120 of Title 11 is mandatory for any person who has been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as 1 or more of the offenses referenced in § 4120(a) of Title 11, and that such registration must occur within 7 days of coming into any county, city or town in which the applicant temporarily resides or is domiciled for that length of time. All such signed acknowledgments shall be kept as permanent records by the Division in a format approved by the Director of Historical and Cultural Affairs, which may include storage on microfiche or other nonpaper forms of permanent retention. Code 1935, §  5546A; 48 Del. Laws, c. 293, §  1 ; 21 Del. C. 1953, §  2703; 57 Del. Laws, c. 670, §  11A ; 62 Del. Laws, c. 237, §  4 ; 64 Del. Laws, c. 466, §  6 ; 65 Del. Laws, c. 503, §  12 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 397, §§  20, 21 ; § 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 highways; (2) A member of the armed forces of the United States who is serving on active duty and any dependent of the member, if: a. The driver possesses a license to drive issued to the driver by the driver’s state of domicile; and b. The license authorizes the driver to drive in the driver’s state of domicile vehicles of the class that the driver is driving in this State; or (3) For not more than 30 days after the driver returns to the United States, a member of the armed forces of the United States who is returning from active duty outside the United States and any dependent of the member who is returning from residence with the member outside the United States, if: a. The driver possesses a license to drive issued to the driver by the armed forces of the United States in a place outside the United States; and b. The license authorizes the driver to drive vehicles of the class that the driver is driving in this State. 36 Del. Laws, c. 10, §  52 ; Code 1935, §  5590; 21 Del. C. 1953, §  2704; 62 Del. Laws, c. 237, §  5 ; 64 Del. Laws, c. 468, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 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 to the nonresident in the nonresident’s home state or country shall be permitted without examination or license under this chapter to drive a motor vehicle upon the highways of this State. (b) No nonresident whose home state or country does not require the licensing of operators and who has not been licensed as an operator in the nonresident’s home state or country shall operate any motor vehicle upon any highway in this State without first making application for and obtaining a license as an operator as required under this chapter, except that any unlicensed nonresident who is over the age of 16 years and who is the owner of a motor vehicle which has been duly registered for the current registration year in the state or country of which the owner is a resident may operate such motor vehicle upon the highways of this State for a period of not more than 30 days in any 1 year without making application for or obtaining an operator’s license under this chapter upon condition that the motor vehicle shall at all times display the license number plate or plates issued therefor in the home state or country of the owner and that the nonresident owner has in the nonresident’s immediate possession a registration card evidencing such ownership and registration in the nonresident’s home state or country. 36 Del. Laws, c. 10, §  53 ; Code 1935, §  5591; 42 Del. Laws, c. 171, §  1 ; 21 Del. C. 1953, §  2705; 62 Del. Laws, c. 237, §§  6-11 ; 70 Del. Laws, c. 186, §  1 ; § 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 has not had at least 1 year’s experience as an operator of a motor vehicle. (2) No endorsement for “L”, “T”, “P” or “N” shall be issued to any person under 18 years of age or to any person 18 years of age or older who has not had at least 1 year’s experience as an operator of a motor vehicle. No endorsement of “H” or “X” shall be issued to any person under 21 years of age or to any person 21 years of age or older who has not had at least 1 year’s experience as an operator of a motor vehicle. (b) The Department shall not issue an operator’s or chauffeur’s license to any: (1) Person whose license has been suspended, during the period for which license was suspended; (2) Person whose license has been revoked under this chapter until the expiration of 1 year after such license was revoked; (3) Person whom it has determined is an habitual drunkard or is addicted to the use of narcotic drugs; (4) Person when in the opinion of the Department such person is a person with a physical or mental disability or disease as will serve to prevent such person from exercising reasonable and ordinary control over a motor vehicle while operating the same upon the highways; (5) Person who is unable to understand highway warning or direction signs in the English language; (6) Person who is subject to loss of consciousness, unless such person furnishes the Department with a certificate of the person’s treating licensed practitioner. This certificate may be from: a. A physician, duly licensed to practice medicine, who may certify that a driver is under sufficient control of loss of consciousness episode(s) and does not have an elevated risk to safely operate a motor vehicle. b. A nonphysician licensed practitioner, who may certify a driver has not had a loss of consciousness episode(s) in the last 3 months and does not have an elevated risk to safely operate a motor vehicle. The Department may find that the person need no longer submit annual certificates of competence to operate a motor vehicle and shall notify the person accordingly. The Department may at its discretion retain medical consultants to advise it. No licensed practitioner who examines a person and provides a certificate in good faith in accordance with this paragraph shall be subject to any civil or criminal liability on account of having provided the certificate. (7) Person who has not reached the person’s eighteenth birthday unless such person has either: a. Completed a course in driver education in a public or private high school in this State, such course having been approved by the State Board of Education and meeting the standards for such courses described by that Board; or b. Been licensed to operate motor vehicles in another state and has completed a course of instruction in driver education and the safe operation of motor vehicles in a public or private high school outside this State. (8) Person who has not reached the person’s eighteenth birthday upon notification by the Family Court of the State pursuant to § 1009 of Title 10, for a time set by the Court in its discretion. (9) Person who has not reached the person’s twenty-first birthday at the time of the offense, who has been convicted of or pleads guilty to, including a conviction or guilty plea pursuant to § 4767 of Title 16 and qualifying for first offender election under § 4177B of this title, any of the offenses listed hereinafter or who has been adjudicated delinquent as a result of acts which would constitute such offense if committed by an adult, for a period of 2 years from the date of sentencing, or until said person’s eighteenth birthday, whichever is longer. The following shall constitute offenses under this paragraph: a. Any drug offense under Title 16. b. Any drug offense under Chapter 5 of Title 11. c. Driving under the influence of alcohol or drugs as defined in § 4177 of this title. d. Any offense punishable under the laws of the United States or any state of the United States substantially conforming to the provisions of the Delaware Code listed in paragraph (b)(9)a., b. or c. of this section. Upon entry of conviction or adjudication of delinquency for any offense included in this paragraph, the Clerk of the Court or other person designated by the Court shall forthwith report such conviction or adjudication of delinquency to the Division of Motor Vehicles for action pursuant to the provisions of this paragraph. (10) Person, other than those persons covered by paragraphs (b)(8) and (9) of this section, who has been convicted of or pleads guilty to any of the offenses listed in paragraph (b)(9)a., b., c. or d. of this section, including a conviction or guilty plea pursuant to § 4767 of Title 16 and qualifying for first offender election under § 4177B of this title, or who has been adjudicated delinquent as a result of acts which would constitute such an offense if committed by an adult, for a period of 6 months after the individual otherwise would have been eligible to have a driver’s license issued if the individual does not have a driver’s license or reinstated if the driver’s license of the person has been suspended at the time the person is so convicted. (11) Person who is the subject of an outstanding capias or bench warrant issued by the Family Court for failure to appear at any paternity or child support proceeding, or with respect to whom the Department has received notification from the Family Court as provided in § 516(g) of Title 13, or notice from the Director of the Division of Child Support Services as provided in § 2216 of Title 13 regarding the denial or suspension of a license because of such person’s child support delinquency. (12) [Repealed.] (13) Person deemed “not eligible” by a Family Court Judge or Commissioner pursuant to entry into the Family Court Adjudicated Juvenile Drug Court Program until a further order of the Court permitting licensing. 36 Del. Laws, c. 10, §  54 ; Code 1935, §  5592; 41 Del. Laws, c. 228, §  1 ; 43 Del. Laws, c. 246 ; 45 Del. Laws, c. 289 ; 21 Del. C. 1953, §  2706; 49 Del. Laws, c. 57, §  1 ; 55 Del. Laws, c. 361, §§  1, 2 ; 56 Del. Laws, c. 390, §  1 ; 59 Del. Laws, c. 307, §  3 ; 59 Del. Laws, c. 327, §  1 ; 62 Del. Laws, c. 237, §§  12-15 ; 64 Del. Laws, c. 183, §  1 ; 67 Del. Laws, c. 108, §  1 ; 67 Del. Laws, c. 157, §  3 ; 67 Del. Laws, c. 429, §§  1, 2 ; 69 Del. Laws, c. 125, §  1 ; 70 Del. Laws, c. 18, §  1 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 452, §  3 ; 70 Del. Laws, c. 471, §§  1, 2 ; 71 Del. Laws, c. 107, §  1 ; 71 Del. Laws, c. 216, §  82 ; 71 Del. Laws, c. 272, §  3 ; 72 Del. Laws, c. 57, §  1 ; 72 Del. Laws, c. 477, §  2 ; 73 Del. Laws, c. 34, §  3 ; 73 Del. Laws, c. 408, §  2 ; 74 Del. Laws, c. 135, §  4 ; 78 Del. Laws, c. 13, §  69 ; 78 Del. Laws, c. 179, §  270 ; 79 Del. Laws, c. 371, §§  17, 18 ; 80 Del. Laws, c. 234, § 21 ; 81 Del. Laws, c. 434, § 2 ; 82 Del. Laws, c. 91, § 2 ; 83 Del. Laws, c. 37, § 25 ; 84 Del. Laws, c. 332, § 2 ; § 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 26 of this title, and a school bus endorsement under this chapter, and other pertinent rules and regulations of the Department. Furthermore, except when in possession of a CDL permit and undergoing training or evaluation and accompanied by a certified Delaware School Bus Driver Trainer, school bus drivers shall at all times, while operating or in control of a school bus have in their immediate possession the following: (1) A properly endorsed and classified Delaware CDL license, with a P (passenger) and S (school bus) endorsement. In exceptional circumstances, the Department of Education may request that the Department issue a 45-day temporary S endorsement to allow a driver to drive upon completion of all requirements except the 12 hours of classroom training. Out-of-state school bus drivers shall comply with § 2709 of this title. (2) A physical examination certification indicating a valid and approved Department of Education physical exam completed within the last year. (b) To qualify for an S (school bus) endorsement an applicant must meet all the following requirements: (1) Be at least 18 years of age with 1 year of driving experience. (2) Have qualified for a CDL license with P (passenger) endorsement. (3) Show completion of a course of training with specific course content as determined by the Department of Education and including the knowledge specified in 49 C.F.R. § 383.123(a)(2). (4) Pass a road test in a school bus administered by the Department and until September 30, 2005, has otherwise met the conditions of 49 C.F.R. § 383.123(b). (5) Not have more than 5 points on the applicant’s 3-year driving record at the time of application. (6) Not have had the applicant’s license suspended, revoked or disqualified in this State or any other jurisdiction for moving violations in the last 5 years. (7) Never have been convicted of any of the following crimes under the laws of this State or of any other jurisdiction: a. Any crime constituting the manufacture, delivery or possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16; b. Any crime against a child; c. Any crime constituting a class A or B felony; d. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter and vehicular homicide; e. Any crime constituting a felony sexual offense; f. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office; or g. Any crime, other than those listed in this paragraph, constituting a felony for which the person has not been pardoned or for which less than 5 years have passed since the person fully discharged all imposed sentences. As used herein, the term “sentence” includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension, and all forms of fines, restitution or community service. (8) Submit to a drug test, to be administered pursuant to the rules and regulations of the Department of Education, the results of which must be negative for controlled substances as defined by 49 U.S.C. § 31306 and the implementing regulations issued by the Secretary of Transportation pursuant thereto unless the controlled substances have been ingested pursuant to a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice. Anyone testing positive to the drug test required in this paragraph shall have the right to request and pay for further analysis of their split sample, pursuant to the rules and regulations of the Department of Education, to determine whether the result was a false positive or the controlled substance was ingested pursuant to a valid prescription or order of a practitioner wile acting in the course of the practitioner’s practice. Refusal to submit to testing, which shall include the provision of a substituted or adulterated test sample, shall be deemed to be a positive test result under this subsection. (c) Any time a license with a school bus endorsement is suspended, revoked or disqualified for moving violations, or the driver exceeds 8 points for moving violations, the school bus endorsement shall become invalid, and the endorsement shall be removed from the license. (d) Renewal of the school bus endorsement shall be as required for other licenses. (e) The Department shall provide school bus driver records at no charge to the Department of Education or to companies contracted to the Department of Education for school bus services. (f) The Department shall conduct a criminal history background check for the purposes of issuing an S endorsement pursuant to this section. This check shall include a national criminal history background check, in addition to a review of the applicant’s Delaware-based criminal history, a fingerprinting of applicants who are to be subjected to a national criminal history background check, and expressly authorizes the use of records of the Federal Bureau of Investigation for screening the applicants. 36 Del. Laws, c. 10, §  55 ; Code 1935, §  5593; 21 Del. C. 1953, §  2707; 53 Del. Laws, c. 112 ; 56 Del. Laws, c. 400, §  1 ; 57 Del. Laws, c. 318 ; 57 Del. Laws, c. 670, §  11C ; 58 Del. Laws, c. 160 ; 58 Del. Laws, c. 197 ; 58 Del. Laws, c. 511, §  43 ; 60 Del. Laws, c. 394, §  1 ; 62 Del. Laws, c. 237, §§  16, 17 ; 65 Del. Laws, c. 464, §§  1-3 ; 66 Del. Laws, c. 341, §  1 ; 67 Del. Laws, c. 75, §  1 ; 67 Del. Laws, c. 157, §  4 ; 67 Del. Laws, c. 378, §§  1, 2 ; 68 Del. Laws, c. 192, §  1 ; 69 Del. Laws, c. 87, §  1 ; 69 Del. Laws, c. 236, §  1 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 65, §§  21-23 ; 73 Del. Laws, c. 205, §§  1-3 ; 73 Del. Laws, c. 252, §  9 ; 73 Del. Laws, c. 406, §§  2, 3 ; 74 Del. Laws, c. 217, §§  14, 15 ; 77 Del. Laws, c. 311, §  8 ; 77 Del. Laws, c. 312, §  2 ; 78 Del. Laws, c. 19, §  1 ; 79 Del. Laws, c. 214, §  13 ; 79 Del. Laws, c. 279, §  7 ; 80 Del. Laws, c. 275, § 1 ; § 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-of-state school bus drivers shall provide a Delaware Department of Education physical examination certification indicating a valid and approved Delaware Department of Education physical exam completed within the last year. (c) Out-of-state school bus drivers shall upon first employment provide to their supervisor a current copy of their home state driving record. The driver’s supervisors shall maintain on file a current copy of their state driving record. These records will be annually reviewed using the same qualification criteria as found in § 2708 of this title. (1) An out-of-state school bus driver shall: a. Upon first employment, and thereafter annually, provide to the bus driver’s supervisor a current copy of the bus driver’s home state driving record; b. Inform the bus driver’s supervisor any time the bus driver’s license is suspended or revoked. (2) The supervisor of an out-of-state school bus driver shall: a. Maintain on file a current copy of the driver’s driving records; and b. Annually update and review the driver’s driving records using the same qualification criteria as found in § 2708 of this title. 21 Del. C. 1953, §  2707A; 58 Del. Laws, c. 197 ; 62 Del. Laws, c. 237, §  18 ; 67 Del. Laws, c. 157, §  5 ; 69 Del. Laws, c. 75, §  1 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 65, §§  24, 25 ; 73 Del. Laws, c. 205, §§  4, 5 ; § 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 an active Individualized Education Program who is at least 16 years old but less than 22 years old, an application for a Level 1 Learner’s Permit, together with the fee required by law, may, in its discretion, issue such a permit entitling the applicant, with such a permit in the applicant’s immediate possession, to drive a motor vehicle upon the highways of this State provided they meet all requirements for the permit. Eye screening and medical examinations will be required in accordance with Division policies. The Division may issue a distinctively designed Level 1 Learner’s Permit document or issue the permit holder a Class D license encased in a packet which explains the driver’s limited driving privileges. If the permit holder completes the 12-month driving experience and the sponsor does not withdraw their endorsement, the Division will notify the permit holder by mail that the permit holder is eligible for a Class D license. The time used to compute the 12 months of driving experience shall not include any period of time when the permit holder’s driving privileges were suspended, revoked, canceled, denied or surrendered. (b) Level 1 Learner’s Permit. — A person who is at least 16 years old but less than 18 years old, or a person who is receiving special education services under an active Individualized Education Program who is at least 16 years old but less than 22 years old, may obtain a Level 1 Learner’s Permit if the person has: (1) Successfully completed a course in driver education in a public or private high school in this State, which has been approved by the Department of Education and meets the standards for such courses described by that Department. If the applicant has completed a course of instruction in driver education in a public or private high school outside this State, the applicant must produce a certified copy of that applicant’s high school transcript evidencing the completion of the driver education course; (2) Passed a written test and road skills test administered by the Division or administered by a driver education teacher. Students who require specialized evaluation, training or equipment to operate a motor vehicle because they are persons with a physical or mental disability will be identified by the driver education teacher and tested by the Division; (3) Been certified by the driver education teacher as qualified for licensing; and (4) Submitted an application signed by a sponsor as required by subsection (e) of this section. (c) Restrictions pertaining to the Level 1 Learner’s Permit. — A learner’s permit authorizes the permit holder to drive the specified type or class of motor vehicles as those defined under § 2702(d)(1) of this title for 12 months only under the conditions listed below. If the learner’s permit expires, the applicant will pay the appropriate fees and pass a written and road skills examination conducted by the Division. (1) The Level 1 Learner’s Permit must be in possession of the permit holder. (2) When the permit holder is under mandatory supervision, the permit holder must be supervised by a properly licensed parent, guardian or a licensed driver at least 25 years of age who has held a Class D license for at least 5 years. The supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion. No person other than the supervising driver can be in the front seat. (3) For the first 6 months after issuance, the permit holder may only drive supervised. In order for the permit holder to be able to drive unsupervised as called for in paragraph (c)(4) of this section, a parent or guardian shall certify that the permit holder has completed 50 hours of driving time, which shall include 10 hours of nighttime driving. This certification form shall be developed by the Division of Motor Vehicles, Department of Education and Department of Highway Safety and shall be signed by the parent or guardian and submitted to a Department of Education approved program at the end of this 6-month period. (4) After the first 6 months from issuance, the permit holder may drive unsupervised between the hours of 6:00 a.m. and 10:00 p.m. Such a permit holder may drive only with supervision from 10:00 p.m. to 6:00 a.m. with the exception of times when the permit holder is traveling to and from church activities, work activities and the permit holder’s school. For purposes of this section, the term “school” shall not include school-related activities that do not take place on school property. (5) No passengers other than the adult supervisor and 1 or fewer other passengers can be in the vehicle during the first 12 months. However, the passenger restrictions of this paragraph shall not apply to immediate members of the driver’s family provided the adult supervisor is in the car. During the second 6-month period of unsupervised driving, when a supervisor is not present, only 1 other passenger in addition to the driver can be in the vehicle. (6) The restrictions of paragraph (c)(4) of this section shall not apply to those individuals who are Delaware volunteer fire fighters and ambulance attendants as long as they have permission from their fire chief or ambulance captain in writing with the permit referenced in paragraph (c)(1) of this section and are returning home from their company stations or place of education or training relating to their respective duties for the sole purpose of either an emergency response, an official fire or ambulatory meeting, or education or training relating to said duties. (7) The permit holder and all passengers, under the age of 18, in the vehicle must wear a seat belt or be secured in a child safety seat or booster seat as required by § 4802 or § 4803 of this title when the vehicle is in motion. (8) The permit holder shall not operate a motor vehicle while using a cellular telephone, text messager, or substantially similar electronic device. This paragraph shall not apply if the permit holder has stopped the vehicle at a location off of the lanes of travel. Any permit holder found to be in violation of this paragraph is deemed to be operating the vehicle in a negligent manner and is subject to the penalties set forth in subsection (j) of this section. (d) Class D license qualifications. — A person who is at least 17 years old but less than 18 years old, or who is at least 17 years old but less than 22 years old and receiving special education services under an active Individual Education Program (IEP), may obtain a Class D operator’s license if the person meets the following requirements: (1) The person has held a Level 1 Learner’s Permit issued by the Division for at least 12 months; and (2) The person has an application signed by a sponsor as specified in subsection (e) of this section. The sponsor’s signature on the Level 1 Learner’s Permit application authorizes the minor to obtain the Class D operator’s license when eligible unless the sponsor withdraws, in writing, their authorization for any such license or permit. (e) The Division shall not grant the application of any minor between the ages of 16 years and 18 years or a person receiving special education services under an active Individual Education Program (IEP) between the ages of 16 and 22 for an operator’s license or Level 1 Learner’s Permit unless such application is signed both by the applicant and a sponsor who is the applicant’s parent, guardian, Division of Family Services case worker or court-ordered custodian who resides in this State. (1) Nevertheless, if the applicant has no parent, guardian, Division of Family Services case worker or court-ordered custodian residing in the State to act as the applicant’s sponsor, another responsible adult person acceptable to the Secretary of Transportation who resides with the applicant in this State may sign the application. (2) The following sponsors are listed in order of preference: a. Either parent of the minor if both parents are living together within this State and the minor resides with both parents. b. Father of the minor, if the father is living within this State, and the minor resides with the father only; mother of the minor, if the mother is living within this State, and the minor resides with the mother only; or either parent, if either parent lives within this State, and the minor resides with neither parent, and the minor has no legal guardian within this State; c. Guardian, Division of Family Services case worker or court-ordered custodian of the minor, duly appointed, as such, under the laws of this State; or d. Any suitable person acceptable to the Secretary of Transportation. (3) The Department shall not require as a prerequisite to the issuance of a license to a minor under this section, that the parent, guardian, Division of Family Services case worker or court-ordered custodian who signs the minor’s driver license application be present at the time the application is made by minor or sign the application at the offices of the Division of Motor Vehicle. The signing of the application and acknowledgment thereof, by the parent, guardian, Division of Family Services case worker or court-ordered custodian before a notary public or other person authorized to administer oaths shall be deemed sufficient to satisfy the requirements of this section. However, sponsors designated in paragraph (e)(2)d. of this section shall sign the minor’s license application in the presence of a Division representative. (4) The sponsor who signs the driver’s license application on behalf of a minor has final authority to determine if the minor is capable of handling the responsibility of operating a motor vehicle and authority to designate who can supervise the minor driver per paragraph (c)(2) of this section. The sponsor who signed the application on behalf of the minor can withdraw their endorsement at any time until the minor reaches age 18, thereby canceling the minor’s driving authority regardless of the type of permit or license held. If the court terminates the custody order and the minor subsequently resides with a parent in this State, then the parent may cancel the driving privileges of the minor under this section. To reinstate the canceled driving privileges, an approved sponsor must sign the application on behalf of the minor. When the minor turns 18, they can reinstate their previously held driving privileges without a sponsor’s signature. The applicant can reinstate the driving privileges of a canceled license when they meet the license requirements and pay the appropriate license fee. (5) It shall be unlawful for any person to sign the application of a minor under the provisions of this section when such application misstates the age of the minor or misrepresents the sponsor’s relationship to the minor. Any person who violates this provision shall be guilty of a class B misdemeanor, and both the minor applicant and the sponsor’s driving privileges shall be suspended for 2 months per § 2733(a)(5) of this title. (6) It is unlawful for a sponsor to knowingly allow the holder of a Level 1 Learner’s Permit to drive in violation of paragraph (c)(2) of this section. A sponsor who violates this provision is guilty of an unclassified misdemeanor. (f) Out-of-state driver license transfer. — A person who is at least 16 years old but less than 18 years old, who was a resident of another state and has a driver’s license issued by that state, and who becomes a resident of this State may obtain Delaware driving authority under the following conditions: (1) If the applicant was issued the out-of-state driver’s license for less than 12 months, they are eligible to apply for a Level 1 Learner’s Permit when meeting the requirements under subsection (b) of this section and successfully completing a driver education training program approved by the Delaware Department of Education. (2) If the applicant was issued the out-of-state driver’s license for over 12 months, and has successfully completed a driver education training program approved by the Delaware Department of Education, that applicant is eligible to apply for a Class D operator’s license after meeting the requirements of subsection (e) of this section. Additionally, such a minor applicant must pass a written and road skills examination conducted by the Division. (3) If the applicant holds an out-of-state driver’s license and that applicant is over 18 years old, that applicant can apply for a Delaware Class D operator’s license under §§ 2712 and 2713 of this title. (g) Duration and fees. — (1) A Level 1 Learner’s Permit expires 12 months after the date of issuance. If the applicant’s learner’s permit expires, the permit shall be void. The permit can be reissued when the applicant meets the permit requirements. (2) Except as provided under paragraph (g)(3) of this section, the applicant must pay the $40 Class D license fee at the time of initial application. (3) An applicant is not required to pay a license fee if the applicant is a child in the custody of the Department of Services for Children, Youth, and Their Families or meets the requirements under § 9011A(g) of Title 29. (h) It is unlawful for the holder of a Level 1 Learner’s Permit to operate a motor vehicle in violation of the restrictions that apply to the Level 1 Learner’s Permit. Failure to comply with these restrictions constitutes operating a motor vehicle without a license under § 2701(a) of this title. (i) The Division shall not issue an operator’s license or Level 1 Learner’s Permit to a person who has not reached the person’s eighteenth birthday at the time of the offense if the person has been adjudicated delinquent as a result of acts which would constitute such an offense if committed by an adult as set forth in § 2732(a) of this title. (j) The Department may immediately suspend a minor’s permit, license and/or driving privileges whenever the Department has reason to believe that such person is a reckless or negligent driver of a motor vehicle or has committed a serious moving traffic violation. The Secretary may promulgate policy regulations more stringent than those that apply to other drivers when suspending minors. The suspension period will be for l month for the first suspension and 3 months for subsequent suspensions under this subsection. No suspension under this section shall be used by a motor vehicle insurance company licensed to sell insurance in this State as a basis for canceling a policy of insurance or to raise the premium cost to the insured. (k) Driver education learner’s permit. — The Division, upon receiving proper notice that a person is currently enrolled in a driver’s education course and successfully completed the minimum class hours of actual driving experience and in-the-car observation as approved by the Department of Education, may issue a driver education learner’s permit to such person after the person’s sixteenth birthday, or before the person’s twenty-second birthday if the person is enrolled in an active Individualized Education Program, provided the person meets all other Division requirements. The Division may issue a driver education learner’s permit to those who meet the requirements of this section and need supervised driving experience before completing the road skill s test. The full driver license fee shall be collected at the time of the application. The permit is valid for 4 months. If for any reason whatsoever the applicant fails to pass the required examinations during the 4-month period granted by the permit, the permit shall be void and the driver license fee shall be forfeited. The application must be signed by the sponsor pursuant to subsection (e) of this section. (1) Any person issued a driver education learner’s permit pursuant to this subsection is entitled to drive a motor vehicle described in § 2702(d)(1) of this title upon the highways only when supervised by a properly licensed parent or guardian. If the parent(s) or guardian(s) is (are) not licensed to operate a motor vehicle or the permit holder is in the custody of the Department of Services for Children, Youth and their Families, the holder of the driver education learner’s permit must be supervised by a licensed driver who is 25 years of age or older and have held a Class D driver’s license for at least 5 years. The supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion. No person other than the supervising driver can be in the front seat. (2) The driver education learner’s permit must be in the possession of the permit holder. (3) No passengers other than the adult supervisor and 1 or fewer other passengers can be in the vehicle. However, this passenger limit does not apply to members of the driver’s immediate family. (4) Driving experience obtained while holding this permit will be counted towards and in conjunction with the driving experience restrictions contained in paragraph (c)(3) of this section. (5) The permit holder shall not operate a motor vehicle while using a cellular telephone, text messager, or substantially similar electronic device. This paragraph shall not apply if the permit holder has stopped the vehicle at a location off of the lanes of travel. Any permit holder found to be in violation of this paragraph is deemed to be operating the vehicle in a negligent manner and is subject to the penalties set forth in subsection (j) of this section. 36 Del. Laws, c. 10, §  56 ; 37 Del. Laws, c. 10, §  17 ; Code 1935, §  5594; 41 Del. Laws, c. 228, §  2 ; 44 Del. Laws, c. 192 ; 45 Del. Laws, c. 285 ; 21 Del. C. 1953, §  2708; 50 Del. Laws, c. 262, §  1 ; 53 Del. Laws, c. 221, §  20 ; 56 Del. Laws, c. 390, §  2 ; 58 Del. Laws, c. 511, §  44 ; 59 Del. Laws, c. 327, §  2 ; 62 Del. Laws, c. 156, §  1 ; 62 Del. Laws, c. 237, §  19 ; 64 Del. Laws, c. 355, §  1 ; 65 Del. Laws, c. 77, §§  1, 2 ; 67 Del. Laws, c. 25, §§  1, 2 ; 69 Del. Laws, c. 327, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 282, §  1 ; 72 Del. Laws, c. 344, §§  1, 2 ; 72 Del. Laws, c. 477, §§  1, 3, 4 ; 73 Del. Laws, c. 42, §  1 ; 74 Del. Laws, c. 110, §§  56, 57 ; 74 Del. Laws, c. 324, §  1 ; 75 Del. Laws, c. 15, §§  1, 2 ; 75 Del. Laws, c. 377, §§  1-3 ; 76 Del. Laws, c. 76, §  21 ; 76 Del. Laws, c. 260, §§  5, 6 ; 76 Del. Laws, c. 293, §  1 ; 76 Del. Laws, c. 415, §§  1-5 ; 78 Del. Laws, c. 8, §  8 ; 79 Del. Laws, c. 371, §  19 ; 80 Del. Laws, c. 193, §§  1-5 ; 83 Del. Laws, c. 453, §§ 4, 11 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 345, § 1 ; § 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 shall state the name, social security number, if eligible, date of birth, sex and residence address of the applicant and whether or not the applicant has previously been licensed as an operator, and, if so, when and by what state and whether or not such license has ever been suspended or revoked and, if so, the date of and reason for such suspension or revocation. (c) Regardless of the age of the applicant, the Division shall require documentary evidence satisfactory to the Division of the applicant’s name, date of birth, legal presence in the United States, Social Security number (if eligible), sex, and Delaware residence address. (d) Any applicant who is able to provide satisfactory documentary evidence of all information described in subsection (c) of this section except for legal presence in the United States, may be eligible for a class D license or a class D temporary instruction permit valid for driving privileges only, hereinafter referred to as a driving privilege card or permit. Federal law prohibits any person from being eligible for a commercial driver license without providing satisfactory documentary evidence of legal presence in the United States. (1) A driving privilege card or permit applicant must also provide the Division with satisfactory documentary evidence that the applicant, for each of the preceding 2 years, has: a. Filed a Delaware income tax return; or b. Resided in Delaware and been claimed as a dependent by an individual who has filed a Delaware income tax return. (2) A driving privilege card or permit applicant must have completed the procedures required under § 8595 of Title 11. (3) A driving privilege card or permit shall not be considered a valid form of identification for any purpose. (4) Every applicant for or holder of a driving privilege card or permit under this section shall be subject to all of the provisions of this and any other title that apply to applicants and holders of class D driver licenses, class D temporary instruction permits, and level 1 learner permits. (5) Notwithstanding any provision to the contrary, to ensure the public trust of the Delaware undocumented population that will utilize the driving privilege card for its intended purposes, all personal identifiable information collected during the application process shall be kept confidential, except in connection with purposes or procedures that would equally apply to applicants under subsection (c) of this section. (e) (1) Any male applicant who applies for an instruction permit or driver’s license or a renewal of any such permit or license and who is at least 18 years of age but less than 26 years of age shall be registered in compliance with the requirements of § 3 of the “Military Selective Service Act,” 50 U.S.C. App. § 453, as amended. (2) The Department shall forward in an electronic format the necessary personal information of the applicants identified in this subsection to the selective service system. The applicant’s signature on the application shall serve as an indication that the applicant either has already registered with the selective service system or that the applicant is authorizing the Department to forward to the selective service system the necessary information for such registration. The Department shall notify the applicant at the time of application that the applicant’s signature constitutes consent to registration with the selective service system, if the applicant is not already registered. 36 Del. Laws, c. 10, §  57 ; 37 Del. Laws, c. 10, §  15 ; Code 1935, §  5595; 48 Del. Laws, c. 238, §  1 ; 21 Del. C. 1953, §  2709; 62 Del. Laws, c. 237, §  20 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 216, §  57 ; 71 Del. Laws, c. 282, §  2 ; 72 Del. Laws, c. 335, §  1 ; 72 Del. Laws, c. 485, §  2 ; 80 Del. Laws, c. 67, §  1 ; 84 Del. Laws, c. 42, § 1 ; § 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 period only when the applicant is accompanied by a licensed operator over the age of 21 who is actually occupying a seat beside the driver and there are no more than 2 other persons in the vehicle. (b) If for any reason the applicant fails to pass the required examination during the 12-month period granted by the permit, the permit shall be void, and the fee paid therefor shall be forfeited. (c) The applicant must successfully pass a written examination before being issued a temporary instruction permit, and pass a practical road skills examination before being issued a Class D operator’s license. Eye screening and medical examinations will be administered in accordance with Division policies. (d) It is unlawful for the holder of a Class D temporary instruction permit to operate a motor vehicle when the applicant is not accompanied by a licensed operator over the age of 21 years who is seated beside the driver or if there are more than 2 other persons in the vehicle. Failure to comply with subsection (a) of this section restrictions constitutes operating a motor vehicle without a license under § 2701(a) of this title. (e) Applicants who are receiving special education services under an active Individualized Education Program may waive the provisions of this section and obtain a Class D operator’s license if the person meets the requirements of § 2710(d) of this title. (f) An applicant is not required to pay a fee required by this section if the applicant is a child in the custody of the Department of Services for Children, Youth, and Their Families or meets the requirements under § 9011A(g) of Title 29. 36 Del. Laws, c. 10, §  58 ; Code 1935, §  5596; 45 Del. Laws, c. 283, §  1 ; 46 Del. Laws, c. 125 ; 21 Del. C. 1953, §  2710; 57 Del. Laws, c. 495, §§  1, 2 ; 57 Del. Laws, c. 670, §  11B ; 60 Del. Laws, c. 626, §  1 ; 64 Del. Laws, c. 23, §§  1-3 ; 67 Del. Laws, c. 346, §  1 ; 67 Del. Laws, c. 429, §  4 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 282, §  5 ; 78 Del. Laws, c. 8, §§  9-11 ; 80 Del. Laws, c. 193