reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2705. Persons exempt from licensing requirements.

§ 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;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2706. Nonresident operators.

§ 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;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2709. Out-of-state school bus drivers; qualifications.

§ 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;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2712. Application for temporary instruction permits and Class D operator's license for persons age 18 or older [Effective until Apr. 1, 2025].

§ 2712. Application for temporary instruction permits and Class D operator's license for persons age 18 or older [Effective until Apr. 1, 2025].
(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, §  6;  83 Del. Laws, c. 453, § 5;  84 Del. Laws, c. 78, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2712. Application for temporary instruction permits and Class D operator's license for persons age 18 or older [Effective Apr. 1, 2025].

§ 2712. Application for temporary instruction permits and Class D operator's license for persons age 18 or older [Effective Apr. 1, 2025].
(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) [Repealed.]
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, §  6;  83 Del. Laws, c. 453, § 5;  84 Del. Laws, c. 78, § 1;  83 Del. Laws, c. 453, § 11;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2714. Special examination.

§ 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 damage to an apparent extent of $250 within any 24-month period, when such person has been adjudged responsible for causing such accidents by a court of competent jurisdiction, to determine whether such person is a person with a physical or mental disability which prevents the safe operation of a vehicle.
(b) The Department shall also cause to be examined any person whom the State Police Superintendent, State Police Troop Commanders or chief of police of any city, town or county in this State recommends for such examination.
(c) The Department may examine any person with mental or physical conditions which may interfere with safe operation of a motor vehicle when reported, in writing, to the Department by a physician, member of the immediate family, the court or other person acceptable to the Secretary of Transportation. This examination is to determine the person's physical and mental abilities to operate a motor vehicle in such manner so as not to jeopardize the safety of person or property and whether any facts exist which would bar the continued issuance of a license under this chapter. Such examination shall not include investigation of any facts other than those directly pertaining to the ability of the applicant to operate a motor vehicle safely or other facts declared to be prerequisite to the continued issuance of a license under this chapter. Evaluation requested per subsections (b) and (c) of this section are confidential records used to determine a driver's ability to safely operate a motor vehicle and shall not be released except by court order.
36 Del. Laws, c. 10, §  59;  37 Del. Laws, c. 13;  40 Del. Laws, c. 38, §  2;  Code 1935, §  5597;  21 Del. C. 1953, §  2712;  50 Del. Laws, c. 395, §  1;  67 Del. Laws, c. 94, §  1;  72 Del. Laws, c. 365, §  1;  74 Del. Laws, c. 110, §  58;  79 Del. Laws, c. 371, §  21;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2716. Permanent license; fees; expiration.

§ 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 issue, at the Secretary's discretion, a permanent driver's license which shall not become ineffective until or unless otherwise revoked, canceled or suspended as provided by law or until such license expires.
(b) Each holder of a permanent driver's license shall pay an additional fee of $24 every 8 years to the Department in payment of the cost of a photograph which will be taken by the Department. Nonpayment of this fee by the date indicated shall automatically render the license expired.
(c) A late fee of $10 shall be assessed in addition to the renewal fee for every person whose driver's license has expired.
(d) Effective April 1, 1990, no more permanent licenses as permitted under this section shall be issued to applicants applying for commercial motor vehicle driver licenses pursuant to Chapter 26 of this title.
(e) Effective August 1, 2007, no more permanent licenses shall be issued pursuant to this section, except for renewals of permanent licenses issued prior to that date.
36 Del. Laws, c. 10, §§  57, 65;  37 Del. Laws, c. 10, §  16;  Code 1935, §§  5595, 5603;  45 Del. Laws, c. 282, §  1;  45 Del. Laws, c. 288, §  1;  21 Del. C. 1953, §  2714;  49 Del. Laws, c. 361, §  2;  57 Del. Laws, c. 670, §  11A;  57 Del. Laws, c. 720;  58 Del. Laws, c. 79;  58 Del. Laws, c. 511, §  45;  61 Del. Laws, c. 282, §  2;  65 Del. Laws, c. 329, §  2;  67 Del. Laws, c. 157, §  7;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 76, §§  24, 25;  78 Del. Laws, c. 8, §§  16-18;  80 Del. Laws, c. 77, §  4;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2717. Refusal to issue license; appeal.

§ 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 of a denial of a license pursuant to § 516(g) or § 2216 of Title 13 shall be only as provided in Title 13.
36 Del. Laws, c. 10, §  59;  40 Del. Laws, c. 38, §  3;  Code 1935, §  5597;  21 Del. C. 1953, §  2715;  69 Del. Laws, c. 333, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 452, §  4;  71 Del. Laws, c. 216, §  83;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2719. Records.

§ 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 suspended or revoked.
36 Del. Laws, c. 10, §  61;  Code 1935, §  5599;  21 Del. C. 1953, §  2717;  62 Del. Laws, c. 237, §  23;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2720. Duplicate licenses; requirements; fee [Effective until Apr. 1, 2025].

§ 2720. Duplicate licenses; requirements; fee [Effective until Apr. 1, 2025].
(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 issuance of a duplicate or substitute license upon executing such forms as may be required by the Department and upon furnishing proof satisfactory to the Department that such license has been lost or destroyed.
(b) Upon receipt of the application and the required fee, the Secretary of Transportation of this State may, at the Secretary's discretion, require an examination of such applicant in accordance with this chapter.
(c) Each application for the issuance of a duplicate license certificate shall be accompanied by a fee of $20.
(d) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915 of Title 29, is exempt from any fee charged under this section for a replacement license.
(e) 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, §  63;  Code 1935, §  5601;  45 Del. Laws, c. 284;  21 Del. C. 1953, §  2718;  53 Del. Laws, c. 221, §  21;  57 Del. Laws, c. 670, §  11B;  62 Del. Laws, c. 237, §  24;  63 Del. Laws, c. 440, §  1;  67 Del. Laws, c. 157, §  9;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  60;  80 Del. Laws, c. 77, §  9;  81 Del. Laws, c. 447, § 4;  83 Del. Laws, c. 453, § 7;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2720. Duplicate licenses; requirements; fee [Effective Apr. 1, 2025].

§ 2720. Duplicate licenses; requirements; fee [Effective Apr. 1, 2025].
(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 issuance of a duplicate or substitute license upon executing such forms as may be required by the Department and upon furnishing proof satisfactory to the Department that such license has been lost or destroyed.
(b) Upon receipt of the application and the required fee, the Secretary of Transportation of this State may, at the Secretary's discretion, require an examination of such applicant in accordance with this chapter.
(c) Each application for the issuance of a duplicate license certificate shall be accompanied by a fee of $20.
(d) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915 of Title 29, is exempt from any fee charged under this section for a replacement license.
(e) [Repealed.]
36 Del. Laws, c. 10, §  63;  Code 1935, §  5601;  45 Del. Laws, c. 284;  21 Del. C. 1953, §  2718;  53 Del. Laws, c. 221, §  21;  57 Del. Laws, c. 670, §  11B;  62 Del. Laws, c. 237, §  24;  63 Del. Laws, c. 440, §  1;  67 Del. Laws, c. 157, §  9;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  60;  80 Del. Laws, c. 77, §  9;  81 Del. Laws, c. 447, § 4;  83 Del. Laws, c. 453, § 7;  83 Del. Laws, c. 453, § 11;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2721. Duty to sign and carry license.

§ 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 certificated is so signed.
(b) The licensee shall have such license in the licensee's immediate possession at all times when driving a motor vehicle and shall display the same upon demand of a uniformed police officer, justice of the peace, peace officer or motor vehicle inspector. It shall be a defense to any charge under this subsection if the person so charged produces in court an operator's license theretofore issued to such person and valid at the time of the arrest.
36 Del. Laws, c. 10, §  64;  Code 1935, §  5602;  46 Del. Laws, c. 64;  21 Del. C. 1953, §  2719;  62 Del. Laws, c. 237, §  25;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 183, § 2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2722. Restricted licenses based on driver's physical limitations.

§ 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 devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee's driving ability arising out of or caused by the licensee's physical defects or infirmities as the Department determines to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(b) The Department may either issue a special restricted license or may set forth such restrictions upon the usual license form.
(c) The Department may, upon receiving satisfactory evidence of any violation of the restrictions of such license, suspend or revoke the same but the licensee shall be entitled to a hearing as upon a suspension or revocation under this title.
(d) It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to that person.
Code 1935, §  5589A;  48 Del. Laws, c. 286;  21 Del. C. 1953, §  2720;  62 Del. Laws, c. 237, §  26;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2723. Medical Advisory Board.

§ 2723. Medical Advisory Board.
(a) There shall be a Medical Advisory Board consisting of a minimum of 3 members nominated by the President of the Medical Council of Delaware or the Chairperson of the Board and appointed by the Secretary. The Chairperson of the Board shall be the Medical Director of the Division of Public Health. The Board shall consult an ophthalmologist and an optometrist in all cases where a vision problem exists. The ophthalmological consultant shall be nominated by the President of the Medical Council of Delaware or the Chairperson of the Board, and the optometric consultant shall be nominated by the President of the Delaware Optometric Association or the Chairperson of the Board. Both vision consultants shall be appointed by the Secretary.
(b) The Board shall advise the Secretary on medical criteria and vision standards relating to the licensing of drivers under this chapter.
(c) The identities of the members of the Board and its vision consultants shall be kept confidential. To maintain confidential their identities, they shall not be required to appear in court. If the qualifications of the members or consultants are challenged in court, the Secretary shall give the court brief professional biographies outlining the training and experience of each member and of each vision consultant.
(d) Reports received or made by the Board, or its members, or its vision consultants for the purpose of assisting the Secretary in determining whether a person is qualified to be licensed are for the confidential use of the Board or the Secretary and may not be divulged to any person or used as evidence in any trial except that the reports may be admitted in proceedings under §§ 2717 and 2734 of this title.
(e) Members of the Board and its vision consultants shall receive compensation in the amount of $40 per meeting attended.
21 Del. C. 1953, §  2721;  57 Del. Laws, c. 366, §  1;  57 Del. Laws, c. 558, §§  1, 5-8;  70 Del. Laws, c. 147, §  27;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 29, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2725. Standards.

§ 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.
21 Del. C. 1953, §  2722;  57 Del. Laws, c. 366, §  2;  79 Del. Laws, c. 371, §  22;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2726. Motorcycle rider education program — Established.

§ 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) Adequate courses shall be provided to meet the reasonably anticipated needs of all persons in the State who are eligible and who desire to participate in such a program.
(c) Courses shall be open to all residents of the State who either hold a current valid driver's license or who are eligible for a motorcycle learner's permit. The course shall be open to all persons in the military service stationed in Delaware and their families.
(d) State assisted or private instructional services may offer courses in motorcycle rider education; provided, however, such course offerings meet the requirements of this section and § 2727 of this title. Such course offerings by State assisted or private instructional services may be reimbursed under this section and § 2727 of this title. The Secretary may also enter into contracts for needed services related to the courses.
(e) The Department of Transportation shall adopt the Motorcycle Safety Foundation Motorcycle Rider Course curricula or establish other equivalent minimum course requirements, designed to develop and instill the knowledge, attitudes, habits and skills necessary for the safe operation of a motorcycle.
(f) The Department shall adopt rules and regulations which are necessary to carry out the provisions of the motor rider education program.
(g) For any person who successfully completes the motorcycle rider education program, the Department's motorcycle written examination and road test shall be waived.
(h) The total budget for the motorcycle rider education program shall be based on the revenue available or estimated to be available in the special account established for the motorcycle rider education program.
65 Del. Laws, c. 27, §  1;  74 Del. Laws, c. 110, §§  61, 62;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2727. Motorcycle rider education program — Requirements for instructors.

§ 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 instructor shall have a high school diploma or its equivalent.
(2) The instructor must be at least 18 years of age and must hold a valid driver's license and a valid motorcycle endorsement.
(3) The instructor must hold a valid motorcycle endorsement and must have had at least 2 years of motorcycle riding experience.
(4) The instructor's driver's license shall not have been suspended or revoked any time during the immediately preceding 2 years.
(5) The instructor shall have no convictions for driving under the influence of alcohol or drugs during the immediately preceding 5 years nor shall the instructor have been subject to § 4177B of this title during the immediately preceding 5 years.
(6) The instructor shall not have any convictions for moving traffic violations with a total of 4 points during the immediately preceding 2 years.
(7) Instructors who are licensed in other states must furnish certified copies of their driving records to the Division of Motor Vehicles. An applicant shall not be eligible for instructor status until the instructor's driving record for the immediately preceding 5 years is furnished.
(8) The instructor must have a Motorcycle Safety Foundation certification as an instructor.
65 Del. Laws, c. 27, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter II. Suspension or Revocation › § 2731. Duty of courts and police officers.

§ 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 in any court for a violation of any of such laws within 30 days of the disposition of the case and may recommend the suspension of the driver's license of the person so convicted. The Department shall thereupon consider and act upon such recommendation in such manner as it deems best.
(b) The Justice of the Peace Court and the Court of Common Pleas shall forward to the Department a record of the name and address of a person convicted of a motor vehicle offense that originated in the voluntary assessment center under § 709 of this title who has been sentenced to pay a fine, fee, cost, assessment, or restitution and who has failed to pay the fine, fee, cost, assessment, or restitution at the time sentence was imposed or in accordance with an order of the court. The Justice of the Peace Court and the Court of Common Pleas shall include in the record the amount of the fine, fee, cost, assessment, or restitution owed by the convicted person. When the convicted person pays the fine, fee, cost, assessment, or restitution in full, the clerk or prothonotary shall provide the convicted person with a receipt confirming that the fine, fee, cost, assessment, or restitution has been paid in full.
(c) The voluntary assessment center shall forward to the Department a record of the name and address of each person who has been given a Uniform Traffic Complaint and Summons on which a voluntary assessment was permitted pursuant to § 709 of this title and who has failed to do any of the following:
(1) Pay the voluntary assessment within 30 days from the date of arrest.
(2) Notify the court or voluntary assessment center with 30 days from the date of arrest, in writing, that the person wishes to have a hearing on the charge stated in the Uniform Traffic Complaint and Summons.
(3) Appear at trial on the charge stated in the Uniform Traffic Complaint and Summons on the date and time required by the court.
(4) Pay the fine on the charge stated in the Uniform Traffic Complaint and Summons in accordance with a deferred payment order.
36 Del. Laws, c. 10, §  66;  Code 1935, §  5604;  21 Del. C. 1953, §  2731;  57 Del. Laws, c. 512, §  1;  65 Del. Laws, c. 77, §  9;  68 Del. Laws, c. 388, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 458, §  1;  73 Del. Laws, c. 234, §  4;  80 Del. Laws, c. 137, §  3;  80 Del. Laws, c. 201, §  1;  83 Del. Laws, c. 441, § 10;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter II. Suspension or Revocation › § 2734. Appeal.

§ 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 shall not operate as a stay. An appeal of a suspension of a license pursuant to § 516(g) or § 2216 of Title 13 shall be only as provided in Title 13.
36 Del. Laws, c. 10, §§  59, 69;  40 Del. Laws, c. 38, §  3;  Code 1935, §§  5597, 5607;  21 Del. C. 1953, §  2734;  69 Del. Laws, c. 333, §  2;  70 Del. Laws, c. 452, §  7;  71 Del. Laws, c. 216, §  85;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter II. Suspension or Revocation › § 2735. New license after revocation; exception.

§ 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 former license was revoked.
21 Del. C. 1953, §  2735;  50 Del. Laws, c. 572, §  1;  60 Del. Laws, c. 701, §  70;  63 Del. Laws, c. 429, §  2;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter II. Suspension or Revocation › § 2736. Notice; evidence of motor vehicle records.

§ 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 deposit of such notice in the United States mail in an envelope with postage prepaid, addressed to such person at the person's address as shown by the records of the Department. The giving of notice by mail is complete upon the expiration of 4 days after such deposit of such notice.
(c) In any prosecution under this chapter, proof of the giving of notice of suspension or revocation in a manner provided for by subsection (b) of this section may be made by:
(1) The certificate of any officer or employee of the Department;
(2) An affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof; or
(3) A computer generated list of those persons whose suspension and/or revocation notices have been electronically processed through a computer interface system of the Department and a court, such list having been generated electronically at the same time the notice is processed by the computer system.
(d) In the event that 1 of the means of proof of the giving of notice enumerated in subsection (c) of this section is utilized, then it shall be unnecessary for any employee or agent of the Department to appear personally in court.
(e) In any prosecution under this Code, a conviction record as maintained in the Division of Motor Vehicles, which has been certified by the Director of the Division of Motor Vehicles, may be admitted into evidence and shall be competent evidence that the person named therein was duly convicted of each offense enumerated therein and of the status of that person's driving license and/or privileges. It shall be unnecessary for any employee or agent of the Department to personally appear for the admission into evidence of such conviction record in any proceeding under this Code.
21 Del. C. 1953, §  2736;  50 Del. Laws, c. 411, §  1;  58 Del. Laws, c. 511, §  46;  69 Del. Laws, c. 368, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 416, §§  1-3;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter II. Suspension or Revocation › § 2737. Fee for return of suspended license and/or driving privileges.

§ 2737. Fee for return of suspended license and/or driving privileges.
Any person whose license and/or driving privileges has been suspended or disqualified shall pay a fee of $50 at the end of such suspension or disqualification for the return of the person's license and/or the reinstatement of the person's driving privileges.
21 Del. C. 1953, §  2737;  57 Del. Laws, c. 94;  60 Del. Laws, c. 387, §  1;  62 Del. Laws, c. 238, §  1;  63 Del. Laws, c. 430, §  9;  64 Del. Laws, c. 13, §  9;  67 Del. Laws, c. 157, §  10;  67 Del. Laws, c. 260, §  1;  67 Del. Laws, c. 270, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 77, §  7;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter II. Suspension or Revocation › § 2738. Fee for return of revoked license or driving privileges.

§ 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 the individual's license or driving privileges. The reinstatement fee described in this subsection does not include the fee for the issuance of a new license.
(b) An individual eligible for reinstatement of the individual's license or driving privileges who applies for reinstatement within 1 year of being released from the custody of the Department of Correction may not be charged the reinstatement fee described in subsection (a) of this section. For purposes of this subsection, “custody of the Department of Correction” has the same meaning as “Accountability Level V sanction” as defined in § 4204(c) of Title 11.
63 Del. Laws, c. 430, §  10;  64 Del. Laws, c. 13, §  10;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 77, §  8;  83 Del. Laws, c. 18, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter II. Suspension or Revocation › § 2739. Fee for occupational and conditional license.

§ 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 conditional license.
67 Del. Laws, c. 239, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter II. Suspension or Revocation › § 2739A. Suspension resulting from active military duty; reinstatement.

§ 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 suspended in this State by the Division of Motor Vehicles for failure to appear at the scheduled hearing, the operator shall not be convicted of a subsequent violation of § 2701(b) or § 2756 of this title if, prior to conviction on the subsequent offense, the operator shall produce to the court in which the subsequent offense is to be tried military orders establishing that the operator was on active military duty, without authorized leave, at a location that precluded attendance at the hearing of the initial offense, and proof positive of payment or other complete disposition of the initial offense.
(b) In the event of dismissal or withdrawal of the charge under § 2701(b) or § 2756 of this title under the circumstances set forth in subsection (a) of this section, the Division of Motor Vehicles shall reinstate or lift the suspension on the license of the operator upon receipt of proof of such dismissal or withdrawal of the charges. Such proof may be in the form of notice from the court or prosecuting official or other information satisfactory to the Division. Any fee that would otherwise be required for such reinstatement shall be waived.
(c) In the event that no subsequent charge has resulted from the suspension, upon presentation to the Division of Motor Vehicles of the same material set forth in subsection (a) of this section, the Division shall reinstate or lift the suspension on the license of the operator. Any fee that would otherwise be required for such reinstatement shall be waived.
74 Del. Laws, c. 30, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter III. Suspension and Revocation of License for Refusal to Submit to Chemical Test › § 2740. Consent to submit to chemical test; probable cause; test required.

§ 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 §§ 4177 and 4177L of this title to a chemical test or tests of that person's blood, breath and/or urine for the purpose of determining the presence of alcohol or a drug or drugs. The testing may be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of §§ 4177 and 4177L or § 2742 of this title, or a local ordinance substantially conforming thereto.
(b) The testing shall be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of § 4177 or § 2742 of this title or a local ordinance substantially conforming thereto and was involved in an accident which resulted in a person's death. In the event of a fatal accident if the officer does not believe that probable cause exists to require testing, then the officer shall file a written report outlining the reasons for that determination.
21 Del. C. 1953, §  2740;  57 Del. Laws, c. 52;  61 Del. Laws, c. 474, §  1;  63 Del. Laws, c. 430, §  1;  64 Del. Laws, c. 13, §  1;  70 Del. Laws, c. 36, §  2;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 236, §  1;  70 Del. Laws, c. 265, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter III. Suspension and Revocation of License for Refusal to Submit to Chemical Test › § 2741. Administration of test; refusal to take test.

§ 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 violation of § 4177 is alleged; or
(2) Revoked for a period of at least 2 months if a violation of § 4177L is alleged.
The test(s) shall be administered by qualified personnel, as defined in § 2746 of this title, at the direction of the police officer who shall designate which of the tests shall be administered.
(b) If there are reasonable grounds to believe that there is impairment by a drug or drugs which are not readily subject to detection by a breath test, a blood and/or urine test may be required even after a breath test has been administered.
(c) The fact that the police officer offered or required a person to submit to a preliminary screening test of the person's breath in order to estimate the alcohol concentration of the person's blood, at the scene of the stop or other initial encounter between the officer and the person, shall have no bearing upon the implied consent provisions of this chapter. Refusal to take such a preliminary screening test shall not be deemed an implied consent violation nor shall the taking of such a test satisfy the requirements of the implied consent law.
21 Del. C. 1953, §  2740A;  57 Del. Laws, c. 52;  61 Del. Laws, c. 474, §  1;  63 Del. Laws, c. 430, §  2;  64 Del. Laws, c. 13, §  2;  70 Del. Laws, c. 36, §  12;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter III. Suspension and Revocation of License for Refusal to Submit to Chemical Test › § 2743. Duration of revocation.

§ 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 period of 3 months, 1 year or 18 months, as appropriate, from the effective date of the revocation.
(c) The Secretary shall not issue a driver's license to anyone who has been found in violation of § 2742(b)(1) or (c)(1) of this title until:
(1) They have satisfactorily completed a program established under § 4177D of this title; and
(2) Have paid all fees under the schedule adopted by the Secretary; and
(3) The individual has had a favorable character investigation conducted by the Division of Motor Vehicles.
(d) Any revocation pursuant to § 2742(b)(2) of this title shall be for a period of 2 months, 6 months or 12 months as appropriate, from the effective date of the revocation.
(e) Any revocation pursuant to § 2742(c)(2) of this title shall be for a period of 2 months, 6 months or 12 months as appropriate, from the effective date of the revocation.
(f) If, after expiration of the period of revocation and upon compliance with subsection (c) of this section, the Secretary refuses to issue a driver's license, the applicant may appeal the Secretary's denial to the Court of Common Pleas in the county wherein the applicant resides.
(g) Notwithstanding subsection (a) of this section, upon satisfactory completion of a program established under § 4177D of this title a person who is a first offender and meets the criteria specified in § 4177B(a) and whose license has been revoked pursuant to § 2742(b) of this title shall be permitted to apply for a driver's license under the following terms:
(1) Payment of all fees under the schedule adopted by the Secretary;
(2) At least 4 months have elapsed since the date of ignition interlock device (IID) installation and ignition interlock license issuance;
(3) The individual has had a favorable character investigation conducted by the Division of Motor Vehicles.
(h) Notwithstanding subsections (a) and (b) of this section, any person who meets the criteria specified in § 4177C of this title may be permitted to apply for the ignition interlock device [IID] to be installed on a vehicle to be driven by the applicant and may be issued an IID license upon meeting the requirements specified in § 4177C of this title.
21 Del. C. 1953, §  2740C;  57 Del. Laws, c. 52;  61 Del. Laws, c. 474, §  1;  63 Del. Laws, c. 307, §  3;  63 Del. Laws, c. 430, §  4;  64 Del. Laws, c. 13, §  4;  69 Del. Laws, c. 333, §  3;  70 Del. Laws, c. 36, §§  10, 11, 16, 17;  75 Del. Laws, c. 397, §  10;  81 Del. Laws, c. 204, § 1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter III. Suspension and Revocation of License for Refusal to Submit to Chemical Test › § 2744. Appeal.

§ 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 not operate as a stay of the revocation of that person's license, permit or privilege to drive.
21 Del. C. 1953, §  2740D;  57 Del. Laws, c. 52;  63 Del. Laws, c. 430, §  5;  64 Del. Laws, c. 13, §  5;  69 Del. Laws, c. 333, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter III. Suspension and Revocation of License for Refusal to Submit to Chemical Test › § 2745. Results of test available upon request.

§ 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 Del. C. 1953, §  2740E;  57 Del. Laws, c. 52;  70 Del. Laws, c. 186, §  1;