2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 27. Driver’s License › Subchapter I. General Provisions › § 2713. Examination of applicants; waiver of examination.

§ 2713. Examination of applicants; waiver of examination.
(a) The Department shall examine every applicant for an operator's license before issuing any such license, except as otherwise provided in subsections (b) and (c) of this section. The Department shall examine the applicant as to the applicant's physical and mental abilities to operate a motor vehicle in such manner as not to jeopardize the safety of persons or property and as to whether any facts exist that would bar the issuance of a license under this chapter. Such examination may not include investigation of any facts other than those directly pertaining to the ability of the applicant to operate a motor vehicle with safety, or other than those facts declared to be prerequisite to the issuance of a license under this chapter.
(b) The Department may in its discretion waive the examination of any person applying for the renewal of an operator's license issued under this chapter.
(c) The Department may in its discretion issue an operator's license under this chapter without examination to every person applying therefor who is of sufficient age, as required by § 2707 of this title, to receive the license applied for and who at the time of such application has a valid unrevoked license of like nature issued to such person under any previous law of this State providing for the licensing of operators or to any person who at the time of such application has a valid unrevoked license of like nature issued to such person in another state under a law requiring the licensing and examination of operators.
(d) Written and road skill examinations for students duly enrolled in a driver education course, including students who are receiving special education services under an active Individualized Education Program until the age of 22, will be administered by driver education teachers certified by the Delaware Department of Education. Upon successful completion of the driver education course, the certified teacher must issue a “High School Driver Education Certificate” which will be accepted in lieu of the written and road skill examinations administered by the Division for a period of 6 months from the date of issue. No further testing by the Division is required unless the High School Driver Education Certificate has expired; in such event, full testing is required. Students identified in § 2710(b)(2) of this title as persons with a disability requiring specialized training shall be examined by the Division. All persons under age 18 who transfer their out-of-state license for a Delaware license must be given a written and road test by the Division. Any person who is suspended while operating a motor vehicle on a Level 1 Learner's Permit, Driver Education Learner's Permit or temporary instruction permit will be re-examined before reinstatement. Notwithstanding the preceding, the Division must administer written and road skills tests to applicants who are 18 years of age or older, except as otherwise provided in subsections (b) and (c) of this section.
(e) (1) In examining an application as required under subsection (a) of this section, the Department shall also examine an applicant regarding the applicant's knowledge related to traffic stops by a law-enforcement officer, including all of the following:
a. An individual's constitutional and other legal rights during a traffic stop, including rights related to searches and seizures, to remain silent, and to an attorney.
b. Laws regarding questioning and detention by a law-enforcement officer, including any laws requiring an individual to present proof of identity to a law-enforcement officer and the consequences for an individual's or officer's failure to comply with those laws.
c. The role of a law-enforcement officer in general and during a traffic stop and the procedures a law-enforcement officer must follow during a traffic stop.
d. How to interact with a law-enforcement officer during a traffic stop.
e. How and where to file a complaint against or compliment on behalf of a law-enforcement officer.
(2) The Department shall include in its examination of an applicant at least 2 questions to test an applicant's knowledge related to traffic stops by a law-enforcement officer.
(3) The Department of Education, the Department, the Department of Justice, and the Office of Defense Services shall collaborate to produce information to educate an applicant related to traffic stops by a law–enforcement officer, and may consult with any interested parties from the public safety and transportation communities to produce this information.
a. The information under this paragraph (e)(3) must include the topics contained in paragraph (e)(1) of this section.
b. The information produced under this paragraph (e)(3) may not be construed as legal advice in contravention of § 2504(2) or § 2515 of Title 29 and of § 4602 or § 4604 of Title 29.
(4) The Department shall include the information produced under paragraph (e)(3) of this section in any document designed to educate an applicant on the rules for driving a motor vehicle in this State.
36 Del. Laws, c. 10, §  59;  Code 1935, §  5597;  21 Del. C. 1953, §  2711;  62 Del. Laws, c. 237, §  21;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 282, §  10;  74 Del. Laws, c. 18, §  3;  79 Del. Laws, c. 371, §  20;  80 Del. Laws, c. 193, §  7;  81 Del. Laws, c. 79, § 35;  81 Del. Laws, c. 350, § 1;