21 DE Code § 2611. (2021)
2021 Delaware Code|Title 21 - Motor Vehicles|Chapter 26. Uniform Commercial Driver License Act|§ 2611. Commercial driver license.

§ 2611. Commercial driver license. (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, but not be limited to, the following information:  (1) The name and residential address of the person; (2) The person's photograph; (3) A physical description of the person including sex, height, weight, and eye color; (4) Date of birth; (5) Any unique number or identifier deemed appropriate by the Division of Motor Vehicles; (6) The person's signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions; (8) The name of this State; (9) The issue date of the current license; and (10) The expiration date of the current license. (b) Classifications, endorsements and restrictions. — Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions; the holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued, and all lesser classes of vehicles except motorcycles and taxicabs which require special endorsements, unless the proper endorsement appears on the license:  (1) Classification. — a. CDL Class A. — Any combination of vehicles with a GCWR of 26,001 pounds or more, provided the GVWR of the towed unit(s) is in excess of 10,000 pounds. b. CDL Class B. — Any single vehicle with a GVWR of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds. c. CDL Class C. — Any single vehicle or combination of vehicles 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 that is either designed to transport 16 or more passengers, including the driver; or used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 C.F.R. Part 172, subpart F. (2) Endorsements. — a. “H” — Authorizes the driver to drive a vehicle transporting hazardous materials. b. “T” — Authorizes driving double and triple trailers. c. “P” — Authorizes driving vehicles carrying passengers. d. “N” — Authorizes driving tank vehicles. e. “X” — Represents a combination of hazardous materials and tank vehicle endorsements. f. “S” — Authorizes driving school buses. (3) Restrictions. — a. “L” — Restricts the driver from operating vehicles equipped with airbrakes. b. “Z” — Restricts the driver from operation of full air brake system vehicles. c. “E” — Restricts the driver from operation of manual transmission vehicles. d. “O” — Restricts the driver from operating tractor-trailer CMVs. e. “M” — Restricts the driver from operating a Class A passenger vehicle.  f. “N” — Restricts the driver from operating a Class A or B passenger vehicle.  g. “K” — Restricts the driver from operating a CMV outside the State of Delaware. h. “V” — Restricts the driver from operating a CMV without a valid medical variance issued through the Federal Motor Carrier Safety Administration. (c) Applicant record check. — Before issuing a commercial driver license or permit to any person, the Division will perform a records check of the commercial driver license information system, the national driver register's problem driver pointer system, and/or any other information system designated by federal regulation to confirm the holder's identity and determine the applicant's license eligibility. The records check will be performed no earlier than 24 hours prior to the issuance of a commercial driver license or permit. A commercial driver license will not be issued before these mandatory record checks are completed. (d) License surrender. — A commercial driver license or permit may not be issued to a person who has a CDL or a driver's license issued by another state unless the person first surrenders all such licenses. The Division will either return the surrendered license to the issuing state for cancellation or the Division will destroy the surrendered license document and notify the previous issuing state that the person is now licensed in this State. (e) Notification of license issuance. — Within 10 days after issuing a commercial driver license or commercial learner permit, the Division of Motor Vehicles must notify the commercial driver license information system of that fact, providing all information required to ensure identification of the person. In the case of transfer issuances, the Division will also implement change state of record transactions in the commercial driver license information system, thereby notifying the commercial driver license information system and the previous state of record that Delaware is now the state of record. (f) Expiration of license. — Upon receipt of the application and fee and after such examination as provided in this chapter, the Division shall issue, if the applicant has complied with the provisions of this title, a commercial motor vehicle driver license which shall expire and be renewable on the eighth anniversary date of the birth of the applicant next following the date of its issuance unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every eighth year. Notwithstanding the provisions of the first sentence of this subsection, the Secretary shall issue a commercial motor vehicle driver license endorsed for the transport of hazardous materials for a period of 5 years or less to coincide with the expiration of the Transportation Security Administration approval for the driver to transport hazardous materials. (g) License transfer and renewal procedures. — Every person applying for a license transfer or renewal of a commercial driver license must complete the application form required by § 2610(a) of this title providing updated information and required certifications, supplying any CDL issued by the previous state, and provide the names of all States where the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years. If the applicant wishes to retain a hazardous materials endorsement, the applicant must have passed the tests required by 49 C.F.R. § 383.121. At the time of application for a transfer, the applicant shall appear and be photographed. (h) Fees. — (1) The fee for a commercial motor vehicle driver license shall be $48 except when the commercial motor vehicle driver license is endorsed for the transport of hazardous materials in which event the fee shall be $30. The fee for a non-CDL Class A or non-CDL Class B driver license shall be $40. (2) The fee for renewal of a commercial motor vehicle driver license shall be $48 except when the commercial motor vehicle driver license is endorsed for the transport of hazardous materials in which event the fee shall be $30. The fee for renewal of a non-CDL Class A or non-CDL Class B driver license shall be $40. A late fee of $10 shall be assessed in addition to the renewal fee for every person whose commercial motor vehicle driver license has expired. (3) The fee for changing from 1 class to another class shall be $10, if the change requires a written examination or skills test. There shall be no fee assessed if the driver wishes to change to a class of a lower weight vehicle and such change is made at time of renewal of license. (4) If the applicant wishes to add an endorsement after a commercial driver license has been issued, the fee for adding such endorsement shall be $5.00. (5) [Repealed.] (i) Compliance with the Military Selective Service Act. — (1) Any male applicant who applies for a commercial driver license instruction permit or 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 paragraph (i)(1) of this section 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.67 Del. Laws, c. 157, §  1;  70 Del. Laws, c. 134, §  4;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 56, §  3;  72 Del. Laws, c. 485, §  1;  74 Del. Laws, c. 110, §  50;  74 Del. Laws, c. 216, §  6;  74 Del. Laws, c. 217, §§  12, 13;  75 Del. Laws, c. 183, §  1;  75 Del. Laws, c. 220, §  3;  75 Del. Laws, c. 391, §§  4, 9;  76 Del. Laws, c. 76, §§  19, 20;  76 Del. Laws, c. 81, §  29;  78 Del. Laws, c. 8, §§  1-4;  78 Del. Laws, c. 87, §  2;  79 Del. Laws, c. 214, §  7;  79 Del. Laws, c. 279, §§  4, 7;  80 Del. Laws, c. 77, §  5;  80 Del. Laws, c. 341, § 1;