2 Del. Admin. Code — Transportation

1000 Department of Safety and Homeland Security

1100 Office of the Secretary

1101 Regulations Governing Travel Restrictions During A State Of Emergency

2 Del. Admin. Code § 1101 Regulations Governing Travel Restrictions During A State Of Emergency

1100 Office of the Secretary

1101 Regulations Governing Travel Restrictions During A State Of Emergency

It is the intent of the Department, pursuant to 20 Del.C. §3116(b)(12) and §3121, to establish rules and regulations which will ensure that any driving restriction imposed in Delaware during a declared state of emergency will be conducted in a manner and under conditions that will reduce the risk of physical harm to persons and property, and to first responders, while minimizing any limitation of movement throughout the State. It is the intent of these regulations to provide the most expeditious means to ensure the safety of the State’s public roadways.

1.0 Purpose.

1.1 To provide specific direction to both the people and first responders in Delaware during a declared state of emergency by clearly defining the three tiers of driving restrictions;

1.2 To provide the people in Delaware with adequate notice prior to any driving ban or restriction being issued;

1.3 To ensure that the State provides the best mechanisms for people to get back on the roads in the most expeditious manner possible while ensuring the safety of people on the State’s public roadways;

1.4 To issue a driving restriction in the most efficient and least restrictive manner possible in an effort to balance the needs of maintaining the public safety and the needs of people to freely and safely travel upon Delaware roadways;

1.5 To ensure that the first responders are not placed in a situation of undue risk; and

1.6 To encourage and educate organizations, entities and individuals to develop and maintain shelter-in-place contingency plans for use during the most severe conditions.

2.0 Scope and Applicability

2.1 Authority. These regulations are enacted pursuant to 20 Del.C. §§3116(b)(12) and 3121. These regulations shall be known as “Regulations Governing Travel Restrictions during a State of Emergency”.

2.2 Applicability. These regulations apply to persons operating a motor vehicle on public roadways during a declared state of emergency.

2.3 Exemptions: The following persons/entities are exempted from these regulations:

2.3.1 First responders: “First responders” shall mean federal, state and local governmental and non-governmental police, fire, and emergency personnel, including, but not limited to, other skilled personnel such as emergency management, public health and public works staff as defined in the Delaware Emergency Operations Plan promulgated by the Delaware Emergency Management Agency pursuant to 20 Del.C. Ch. 31 and by federal regulation, who are responsible for the protection and preservation of life, property, evidence, and the environment;

2.3.2 Operators of snow and/or debris removal equipment employed or contracted by a public or private entity;

2.3.3 Public utilities as defined in 26 Del.C. §102(2).

2.3.4 Individuals identified by providers of Voice Over IP service, as defined in 26 Del.C. §202(i)(2) or Cellular telephone service, who are necessary to maintain the integrity of such providers’ networks or assist first responders and essential personnel as specified in these regulations.

2.3.5 Persons or entities identified as essential in the Delaware Emergency Operations Plan promulgated by DEMA pursuant to 20 Del.C. Ch. 31 of the Delaware Code. Those entities who have been pre-determined by the first responders as necessary for supporting their services and those government employees designated by federal, state, and/or local governmental agencies as essential to maintaining core governmental functions.

2.3.6 Constables as defined by Title 10, Chapter 27 of the Delaware Code.

3.0 Definitions.

The following words, phrases, and terms as used in these regulations have the meanings given below:

“Department” shall mean the “Delaware Department of Safety and Homeland Security or its designee as authorized by the Secretary.”

“Essential Personnel” shall mean the following during the declaration of the driving restrictions listed below:

Level 3 Driving Ban: those employees and/or personnel listed under section 2.3 of these rules and regulations.
Level 2 Driving Restriction: those employees and/or personnel who:

a. are exempt under the definition of “Essential Personnel, Level 3 Driving Ban” and under section 2.3 of these regulations;

b. are necessary to maintain the core functions of a governmental body or entity:

c. are necessary to maintain the health and safety of the people of Delaware by providing healthcare services, food deliveries, and fuel deliveries, during a state of emergency, regardless of whether they are employed by a public or private entity;

d. have received a waiver as defined in section 3.0 and under section 8.0.

“Exempt/Exemption” shall mean any person or entity which has been specifically identified in sections 2.3, 5.1.1, 7.1, 7.2, 7.3, and 7.4.

“Food Deliveries” shall mean the delivery of any perishable food items to prevent spoilage and for the purpose of restocking inventory in anticipation of the expiration of the travel ban. For purposes of these regulations, “food deliveries” shall not include deliveries to a retailer, taproom or tavern, as those terms are defined in 4 Del.C. § 101.

“Fuel Deliveries” shall mean any delivery of fuel to include propane, oil, natural gas, or motor fuel for the purpose of maintaining heat and fueling vehicles permitted to operate during the state of emergency.

“Healthcare services” for the purposes of this regulation shall not include any routine outpatient services related to healthcare maintenance or managed care. Healthcare services shall mean the following:

Healthcare facilities licensed primarily to provide life-saving (emergency or critical care) or life sustaining services, specifically:

a. Hospitals;

b. Licensed skilled nursing home facilities; and,

c. Facilities primarily licensed to provide dialysis services.

Any clinical provider licensed by the State and employed by a licensed and certified hospice or skilled home health care agency.
Private ambulance services primarily used for emergency medical transport. This shall mean any privately owned vehicle, as certified by the Delaware State Fire Prevention Commission, that is specifically designed, constructed or modified and equipped, and intended to be used for and is maintained or operated for the transportation upon the streets and highways of this state for persons who are sick, injured, wounded or otherwise incapacitated or helpless; or any ambulance service which provides routine transport for persons who are sick, convalescent, incapacitated and non-ambulatory but do not ordinarily require emergency medical treatment while in transit.
Pharmacies.

“Incident” shall mean an occurrence, natural or human-caused, that may require an emergency response to protect life or property.

“Public Utilities” shall mean any public utility as defined in 26 Del.C. § 102(2).

“Response” shall mean activities that address the short term, direct effects of an incident, to include immediate actions to save lives, protect property, and meet basic human needs, as well as the execution of emergency operations plans.

“Secretary” shall mean the Secretary of the Delaware Department of Safety and Homeland Security.

“Shelter in Place” shall mean providing facilities for those individuals essential to maintain core functions of an organization for the duration of a Level 3 Driving Ban:

within the confines of the requisite facility necessary to maintain business continuity; or,
within a contracted location located within a 2 mile radius of the requisite facility necessary to maintain business continuity upon the following conditions being met:

a. the entity has obtained a health, safety or business necessity waiver as defined by sections 3.0 and 8.0; and,

b. the entity is authorized to provide safe and appropriate transportation of essential employees to and from the contracted location and requisite facility.

“Significant health, safety or business necessity” shall mean the following:

Health: A “significant health necessity” means all other healthcare related services that are not expressly exempted in these regulations or by the Delaware Emergency Operations Plans promulgated by DEMA pursuant to 20 Del.C. Ch. 31. It shall also mean activities by the commercial poultry or dairy industry that are necessary to maintain their operations, including but not limited to the delivery of feed, in order to minimize or eliminate the risk of death or injury to poultry or livestock, which could result in conditions hazardous to human health.
Safety: A “significant safety necessity” means activities by persons or entities which seek to minimize or to eliminate hazardous conditions where there is a real and significant impact on risk of death or injury.
Business Necessity: A “significant business necessity” means that a business may suffer irreparable financial or economic harm during the pendency of a driving ban or restriction. As a practical matter, because clientele/customers are restricted from driving during the pendency of a driving ban or restriction, a loss of retail sales is not sufficient, in and of itself, to constitute an irreparable financial or economic loss or harm.

“Waiver” shall mean a written release to all persons and entities meeting the criteria under section 8.10, not otherwise expressly exempted under section 2.3, 5.1.1, 7.1, 7.2, 7.3 and 7.4 of the Delaware Emergency Operations Plans promulgated by DEMA pursuant to 20 Del.C. Ch. 31.

4.0 General Provisions.

4.1 The Governor may issue separate levels of driving restrictions throughout the State based on the severity of conditions in any given area of the State.

4.2 As a result of conditions which could impact the State’s roadways, DEMA, to the extent possible, shall inform the public and businesses to begin initiating contingency plans. Such plans could encompass shelter-in-place provisions in response to the potential severity in road conditions in the event a State of Emergency is issued.

5.0 Level 3 Driving Ban or Level 2 Driving Restriction.

5.1 Unless otherwise modified by executive order issued by the Governor, in the event of a Level 3 Driving Ban or a Level 2 Driving Restriction, the following shall apply:

5.1.1 Level 3 Driving Ban. No person shall operate a motor vehicle on Delaware roadways when a Level 3 Driving Ban has been activated, except for the following:

5.1.1.1 Persons designated as first responders and essential personnel as specified in the Delaware Emergency Operations Plans promulgated pursuant to Title 20, Chapter 31 of the Delaware Code;

5.1.1.2 Persons designated as first responders and essential personnel by executive order of the Governor;

5.1.1.3 Operators of snow and/or debris removal equipment employed or contracted by a public or private entity;

5.1.1.4 Persons designated as essential personnel for a public utility as defined in 26 Del.C. §102(2).

5.1.1.5 Individuals identified by providers of Voice Over IP service, as defined in 26 Del.C. §202(i)(2) or Cellular telephone service who are necessary to maintain the integrity of such providers’ networks or assist first responders and essential personnel as specified in these regulations.

5.1.1.6 Constables as defined in Title 10, Chapter 27 of the Delaware Code.

5.1.2 All businesses, professional offices, organizations, entities, individuals, etc., not otherwise exempted under subsection 5.1.1 shall take appropriate protective actions to protect themselves, their customers, their employees and the people in Delaware by:

5.1.2.1 Temporarily terminating all travel for the duration of a Level 3 Driving Ban and providing shelter-in-place to their employees as defined in section 3.0; or,

5.1.2.2 Temporarily shutting down operations for the duration of the Level 3 Driving Ban.

5.1.3 To the extent possible, a Level 3 Driving Ban shall only be issued in an area where the conditions are most severe for a limited duration, with the limited purpose of clearing the restricted area to allow for safe travel through that area.

5.1.4 Level 2 Driving Restriction. No person shall operate a motor vehicle on Delaware roadways when a Level 2 Driving Restriction has been activated, except for the following:

5.1.4.1 Any entity or person exempted from the Level 3 Driving Ban in section 2.3, 5.1.1, 7.1, 7.2, 7.3 and 7.4;

5.1.4.2 Organizations, entities and/or persons that have obtained a waiver pursuant to section 8.0 of these regulations.

6.0 Level 1 Driving Warning.

6.1 All persons operating a motor vehicle when a Level 1 Driving Warning has been activated shall exercise extra caution in the operation of their motor vehicle.

6.2 Non-essential personnel, regardless of whether employed by a public or private entity, are encouraged not to operate a motor vehicle on public roadways when a Level 1 Driving Warning has been activated, unless there is a significant health, safety or business necessity reason for doing so.

7.0 Exemptions under a Level 2 Travel Restriction.

7.1 Pursuant to Section 3.0, essential personnel with valid employee identification from the following healthcare services shall be exempt from these regulations:

7.1.1 Bayhealth Medical Center;

7.1.2 Beebe Medical Center;

7.1.3 Nanticoke Memorial Hospital, Inc.;

7.1.4 VA Medical & Regional Office Center;

7.1.5 St. Francis Hospital;

7.1.6 Alfred I. DuPont Hospital for Children;

7.1.7 Christiana Care;

7.1.8 Rockford Center;

7.1.9 Dover Behavioral Health System.

7.2 Any clinical provider licensed by the State to provide hospice care, employed by the following, and with valid employee identification, shall also be exempt from these regulations:

7.2.1 Angel Care Hospice, LLC;

7.2.2 Compassionate Care Hospice;

7.2.3 Delaware Hospice, Inc.;

7.2.3 Heartland Hospice House of Delaware;

7.2.4 Heartland Hospice Services, Inc.

7.2.5 Odyssey Hospice;

7.2.6 Seasons Hospice and Palliative Care of DE, LLC;

7.2.7 Taylor Hospice;

7.2.8 Vitas Healthcare Corporation Atlantic.

7.3 Any clinical provider licensed by the State to provide skilled home health care.

7.4 Any person, organization or entity that provides healthcare services, or provides food delivery services or fuel delivery services as defined in Section 3.0 shall apply to have the name or the person, organization or entity placed on a list exempting that person, organization or entity from these regulations. Application shall be made to the Delaware Emergency Management Agency.

7.5 All persons, organizations and entities listed as exempt from these regulations pursuant to this subsection shall provide their essential personnel with appropriate employment identification.

7.6 All other persons or entities not otherwise included in this section shall first apply for a waiver pursuant to 20 Del.C. § 3116(b)(12) and section 8.0 of these regulations

8.0 Waivers and Administrative Procedures under a Level 2 Travel Restriction:

8.1 No person or entity shall operate a motor vehicle during a Level 2 Driving Restriction unless expressly exempted from these regulations, without first obtaining a waiver from the Secretary of the Department of Safety and Homeland Security.

8.2 Any organization, entity or person subject to these regulations that violates 20 Del.C. § 3116(12) and/or these regulations shall be sanctioned pursuant to 20 Del.C. § 3125 and/or cited for a violation of 21 Del.C. § 4176(C).

8.3 All persons and entities receiving a waiver from these regulations shall abide by the conditions of their waiver issued by the Department.

8.4 Application: All applications for waivers shall be submitted to the Department of Safety and Homeland Security beginning on March 31st, 2011. Applications may be completed and downloaded on the State of Delaware Emergency Management Agency website at http://dema.delaware.gov.

8.5 Approval/Denial: No waiver application shall be granted within 21 days after receipt of the application for waiver. When a final determination has been made on an application, the Department shall issue a notification of approval or denial via email. If the Department issues a letter of denial, the letter shall explain the reasons for such denial. The Department shall maintain a record of the notification of approval or denial for a period of 2 years.

8.6 Duration of Waiver: A waiver shall be valid for two (2) years from the date of issuance.

8.7 Renewal of Waiver: Any organization, entity or person wishing to renew an existing waiver that is ready to expire shall, not less than 60 days prior to the expiration date of the existing waiver, submit to the Department, a waiver renewal application form with all supporting documentation as required by these regulations.

8.8 Modification or Termination of a Waiver:

8.8.1 Any request for a modification of the waiver must be made in writing to the Department.

8.8.2 The Department may terminate a waiver if it finds that it does not meet the standard as set forth in section 8.10.

8.9 Waivers are non-transferable.

8.10 Standard. Any person who has authority to legally bind an organization or entity, or a person representing him or herself as an individual or sole proprietorship, may apply for a waiver to be exempt from these regulations when a significant health, safety or business necessity as defined in section 3.0 of these regulations is shown. An organization, entity or individual may also apply for a waiver upon the recommendation from either the Kent, Sussex, New Castle County, or City of Wilmington emergency management agency.

8.11 All persons or entities that receive a waiver from these regulations shall provide in their application for a waiver to the Delaware Emergency Management Agency the number of essential personnel pursuant to these regulations. Persons and entities applying for a waiver shall also provide in their application the essential functions necessary to maintain core operations and the allocation of their essential personnel to those operations. All persons or entities who have received a waiver shall maintain records of the waiver certificate(s) for purposes of validation.

8.12 Persons or entities that receive a waiver under these regulations shall provide appropriate employee identification indicating that the employee is essential under a significant health, safety or business necessity.

8.13 No person or individual shall falsify information in their application for a waiver, or submit false documents in support of their application for a waiver. Any individual in violation of this section may be criminally sanctioned pursuant to 11 Del.C. §877.

9.0 Limitations of the Regulations.

9.1 Nothing in these regulations shall limit the power or authority of the Governor pursuant to 20 Del.C. Ch. 31.

9.2 Nothing in these regulations shall create in any person or entity additional rights against the State for a claim of damages, from civil, criminal or administrative actions resulting from the enforcement of these rules and regulations.

14 DE Reg. 908 (03/01/11)

1200 Office of Highway Safety

2 Del. Admin. Code § 1201 Driving Under the Influence Evaluation Program, Courses Of Instruction, Programs of Rehabilitation and Related Fees (Repealed)

Repealed effective February 11, 2022.

History

14 DE Reg. 907 (03/01/11)
25 DE Reg. 782 (02/01/22)

1202 Aggressive Drivers

2 Del. Admin. Code § 1202 Aggressive Drivers

1200 Office of Highway Safety

1202 Aggressive Drivers (Formerly Reg. No. 90)

1.0 Authority

This Regulation is adopted pursuant to 21 Del.C. Section 4175A and promulgated in accordance with 21 Del.C. Section 302 and with the procedures specified in the Administrative Procedures Act, 29 Del. C. Section 10115.

2.0 Purpose

This policy regulation establishes administrative procedures used to administer the aggressive driver program as outlined in 21 DeI.C. Section 4175A. Aggressive driving is defined in terms of existing Title 21 offenses such as failure to yield, unsafe lane change, disregarding a traffic control device, failure to stop, following too closely, passing on a shoulder and speeding. Individuals convicted of three or more of these offenses as a result continuous conduct are guilty of aggressive driving and are subject to increased penalties. Offenders are required to complete, a course of instruction established by the Secretary of Public Safety to address behavior modification or attitudinal driving problems. The Secretary administers the course and programs, adopts rules and regulations therefor and establishes a fee schedule for enrollment in the programs that will not exceed the maximum fine that may be imposed under the statute.

3.0 Duties and Responsibilities

3.1 Duties and Responsibilities of the Division of Motor Vehicles.

3.1.1 When convicted of aggressive driving, the court will send the Division of Motor Vehicles' Driver Improvement Section a copy of the court order directing the driver to complete a course of instruction to address behavior modification or attitudinal driving problems and recommending suspension of the driver's license or driving privileges for failure to attend the course.

3.1.2 The driver is responsible for contacting the Division of Motor Vehicles Driver Improvement Section. That Division will provide them information concerning the course(s) established or approved by this State.

3.1.3 If the driver is licensed in another state, the driver may either attend an established course taught in Delaware or attend a similar course taught in their home state. The driver must submit documentation from the licensing agency or from the school providing the training outlining the length of the training, course syllabus, and any other information needed to evaluate the alternative course. The Aggressive Driving Committee will evaluate and approve or disapprove out of state courses. If the out of state licensed driver fails to contact the Division or to complete the course within 90 days, the Division will notify the convicting court. The court will hold a non compliance hearing and will, at its discretion, either issue a failure to comply order or will allow the driver/defendant to re enter the program. A copy of all non compliance orders issued will be forwarded to DMV for them to suspend the licensee's driving privileges pursuant to 21 Del.C. Section 2733(c). The Division will forward the failure to comply order to the state licensing agency in which the driver is licensed. If the licensee, through no fault of his own, is unable to complete the course within the 90 day period, the Driver Improvement Section may extend the required completion date by an additional 90 days upon written request.

3.1.4 If a Delaware licensed driver has not contacted the Division or has not completed the required course within 90 days after the conviction, the Driver Improvement Section will notify the convicting court. The court will hold a non compliance hearing and will, at its discretion, either issue a failure to comply order or will allow the driver/defendant to re enter the program. A copy of all non compliance orders issued will be forwarded to DMV for them to suspend the license. The Division will suspend their driver's license upon direction of the court pursuant to 21 Del.C. Section 2731(a). The license may be reinstated once the course is completed and the appropriate fees paid. An occupational license will not be issued during the period of the suspension. If the licensee, through no fault of his own, is unable to complete the course within the 90 day period, the Driver Improvement Section may extend the required completion date by an additional 90 days upon written request.

3.1.5 The Driver Improvement Section will notify the court when the aggressive driver completes the required training course.

3.2 Duties and Responsibilities of the Office of Highway Safety.

3.2.1 The Office of Highway Safety is responsible for organizing and managing the Aggressive Driver Committee.

4.0 Aggressive Driving Committee

4.1 The Aggressive Driver Committee ("Committee") membership is as listed in this subsection: The Committee members shall not be employed by or have any financial interest in the companies selected as providers.

4.1.1 Chairman, Director of the Office of Highway Safety,

4.1.2 Chief of Driver Services,

4.1.3 Driver Improvement Manager or Assistant Manager,

4.1.4 Representative from the Office of Highway Safety,

4.1.5 Division of Motor Vehicle Training Officer.

4.2 Duties. The Committee shall:

4.2.1 Be chaired by the Director of the Office of Highway Safety who shall make recommendations to the Secretary concerning the duties set forth herein:

4.2.2 Review and examine aggressive driving course providers, instructors and prospective providers and instructors to its satisfaction. Recommend certification, denial of certification or de certification of a course provider, instructor, prospective provider and instructors.

4.2.3 Review and examine behavior modification/attitudinal driving courses and shall further monitor courses to ensure each course continues to meet the Committee's minimum requirements, as outlined in the Regulation. The Committee may recommend amendments to course requirements contained in this Regulation that may be adopted by either amending this Regulation or by a letter signed by the Secretary.

4.2.4 Establish a schedule of fees for enrollment in the course, which shall not exceed the maximum fine imposed per 21 Del.C. Section 4175A(c) for those convicted of a first offense and subsequent offenses for aggressive driving.

4.2.5 Annually certify approved course providers and individual instructors when the course provider/instructor continues to meet the requirements of this Regulation; and

4.2.6 Conduct any other activity reasonably related to the furtherance of its duties.

4.2.7 Designate alternative courses to comply with the requirements of 21 Del.C. Section 4175A, if no acceptable vendor applies for certification for a course.

5.0 Provider Certification Requirements

5.1 Each course provider shall submit for approval a written course description for any behavior modification/attitudinal driving course to be offered that minimally includes the following elements:

5.1.1 the course curriculum and any handouts, texts and other material used in the course.

5.1.2 Inform the Committee as to how their curriculum is designed to induce positive changes in attitude and driving behavior in persons identified as problem drivers. The provider will discuss those psychological principles used in the course to change behavior (such as B. F. Skinner's "Behavior Modification" studies, William Glasser's "Reality Theory", programs developed for juvenile or first time offenders generally known as "Scared Straight." programs).

5.1.3 If available, the provider may submit studies that substantiate that their course curriculum has improved the student's driving behavior as a result of completing their course as taught in Delaware or in any other jurisdiction.

5.1.4 Provide a profile of the company's organizational capabilities and a detailed description of its experience relevant to providing the proposed course of instruction. The provider must have at least five years experience conducting in class driver training programs such as initial and advanced driver training course, license upgrade training, rehabilitation training, defensive driving course or behavior modification courses.

5.1.5 Assume all costs of the behavior modification/attitudinal driving course of instruction including classroom facilities in each county, training costs and payment of employee wages. The State of Delaware will not reimburse the provider for any costs.

5.1.6 Specify where the classes will be taught in each county. If available, the provider may request the use of classroom space, at no cost, in the Division of Motor Vehicles facilities. The classroom space must be accessible to drivers with physical disabilities and in compliance with the Americans With Disabilities Act of 1990. The Committee reserves the right to reject the use of any facility it deems unfit for classroom instruction.

5.1.7 The provider must be able to conduct at least one class per month at a location deemed convenient for a majority of the participants. At least one class will be taught each quarter. The class size should not exceed thirty students.

5.1.8 Assess a reasonable and uniform fee for the course as established by the Committee in accordance with 21 Del.C. Section 4175A(d). The provider must arrange a payment schedule for offenders who are unable to pay the course in a single payment. The provider is responsible for any costs associated with the collection of checks drawn on insufficient funds or on unpaid registration fees. The provider may withhold the certification of course completion until all fees are paid in full.

5.1.9 Maintain records relevant to the behavior modification/attitudinal driving course and its participants. As a minimum, the provider must retain for at least three years the class locations, times, number of participants and the names, driver license numbers and date of birth of those completing and those failing to complete the course. Department of Public Safety officials will have access to these records for the purposes of monitoring trends and evaluating the effectiveness of the course. The providers must have the capacity to access and update the Department of Public Safety's Aggressive Driver Tracking System.

5.1.10 Require each student to receive a minimum of eight hours of classroom training. Each hour shall consist of not less than 50 minutes of instructional time devoted to the presentation of the course curriculum. The instructors will maintain an atmosphere appropriate for class work and present the course in a manner consistent with the approved curriculum and otherwise in accordance with the standards set forth herein. The instructors will be in the classroom with the students during any and all periods of instructional time.

5.1.11 Supply students who complete the behavior modification/attitudinal driving course with a certification of completion that includes, at a minimum:

5.1.11.1 The student's name, date of birth, driver license number and address, and

5.1.11.2 The date of the class, the name of the provider, title of the course completed and the course sponsor's authorized signature.

5.1.12 Require that each student fill out a standardized Course/Instructor Evaluation Form, as designated by the Committee, upon completing the course. The provider will retain one copy of this form for three years and one copy will be sent to the Committee.

5.1.13 Provide in service training or other training session for all instructors, regarding behavior modification/attitudinal driving courses.

5.1.14 Notify the Division of Motor Vehicles of each student's successful completion of the course in the manner and form required by the Division. Upon request, the provider will inform the Division when a student has not successfully completed a required course.

6.0 Basic Instructor Requirements

6.1 Each instructor shall:

6.1.1 Be at least 18 years of age;

6.1.2 Be a high school graduate or have a G.E.D

6.1.3 Hold a valid driver's license with no more than 6 points, no suspensions or revocations in the past two years; and

6.1.4 no felony convictions during the past four years and no criminal convictions evidencing moral turpitude. The Committee reserves the right to require a criminal history background check of all applicants for an instructor's certification.

7.0 Course and Instructor Re-Certification Procedures

7.1 Annually the provider shall

7.1.1 Submit evidence that their instructors have taught the certified course a minimum of 8 hours in the previous calendar year;

7.1.2 Submit evidence that the instructor attended an in service update training seminar, or other training session, as provided by, or specified by, a certified behavior modification/attitudinal driving course provider; and

7.1.3 Certify that the instructors continue to meet the instructor requirements as outlined in this Regulation.

7.1.4 When the Committee initially certifies a provider and their instructors, they will be given a one year contract. The provider must apply for re certification by December 31 every year. The Committee will send out application renewal requests in October. The providers must complete the renewal applications and return them to the Committee between November 15 and December 31. The Committee will re certify or deny re certification by January 31.

8.0 De-Certification, Suspension And Probationary Status

8.1 Course providers and instructors may be de certified, placed on probation for not more than 90 calendar days, or have certification suspended indefinitely upon a fording of the Committee that the course presented does not meet the criteria set forth in this Regulation. The Committee shall direct investigations relating to the issues of compliance.

8.2 Prior to de certification, placement on probation or suspension of certification, the Committee shall notify the course provider/instructor, in writing. The course provider/instructor shall be given a reasonable opportunity to submit evidence of compliance in their defense.

8.3 A course provider/instructor who is placed on probationary status and does not show proof of compliance with the standards set forth herein within 90 calendar days shall be subject to de certification at the end of the probationary period.

8.4 Course providers/instructors may be de certified, suspended or placed on probation for the following:

8.4.1 Submitting false information in or with the Application for Certification/re certification;

8.4.2 Falsification of, or failure to keep and provide adequate student records and information as required herein;

8.4.3 Evidence that the course is not effective in changing the driving behavior of those problem drivers who complete the course;

8.4.4 Falsification of, or failure to keep and provide adequate financial records and documents as required; and

8.4.5 Failure of any provider or instructor to comply with the standards set forth in this Regulation.

9.0 Appeal Procedures

9.1 Within 10 business days after the date of written notification of certification denial, suspension, probation or de certification, the course provider/instructor may file an appeal requesting a review of the action taken.

9.2 The appeal shall be addressed to the Committee, citing the reasons for the request, and accompanied by any other relevant substantiating information.

9.3 The Committee shall conduct all hearings pursuant to Title 29, Chapter 101 of the Delaware Code.

1204 Drinking Driver Programs Standard Operating Procedures (Repealed)

2 Del. Admin. Code § 1204 Drinking Driver Programs Standard Operating Procedures (Repealed)

Repealed effective February 11, 2022.

History

6 DE Reg. 1361 (04/01/03)
14 DE Reg. 907 (03/01/11)
25 DE Reg. 783 (02/01/22)

1205 Electronic Red Light Safety Program (ERLSP)

2 Del. Admin. Code § 1205-1.0 Statement of Purpose

The purpose of these regulations is to provide for the establishment and administration of an Electronic Red Light Safety Program (ERLSP) at qualifying intersections across the State of Delaware. The Delaware Department of Transportation (DelDOT) and/or the governing body of any city or county may install and operate traffic light signal violation monitoring systems and assess fines accordingly. The Program shall use recognized safety and crash criteria in determining whether and where to add any new enforcement locations to the Program, and in any event shall continue to confirm that any such new locations are not objected to by the incumbent state Senator and Representative for the districts in which such locations are proposed. These regulations are being promulgated in accordance with 21 Del.C. §4101(d) and 73 Del. Laws, c. 350, sec. 92.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

2 Del. Admin. Code § 1205-2.0 Locations of Traffic Light Signal Monitoring Systems

DelDOT is specifically directed to identify intersections with high crash incidents as potential candidates for the placement of electronic red light camera systems. If a camera installation is performed on state-maintained streets or roads by an entity other than DelDOT, the Department must first approve such installation. In addition, the Department must approve the engineering of any new cameras installed. All intersections using a traffic control photographic system or other traffic light signal violation monitoring system must adhere to the exact duration of the yellow light change interval. This time period must be no less than the yellow light change interval duration specified in the design manual developed by the Department of Transportation.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

2 Del. Admin. Code § 1205-3.0 System Vendor

The Department of Transportation utilizes a supporting vendor to provide enforcement monitoring systems and assist in administering the ERLSP. System vendors are selected through an open competitive procurement process which allows for the government and the taxpayer to benefit from improved quality at lower pricing. To assure integrity and propriety, no person involved in the administration or enforcement of the Program shall own any interest or equity in the vendor used by the department to support the administrative elements of the Program. Any such person with an ownership or equity interest in such vendor must divest from this ownership or investment no later than ninety days after the effective date of this act. This restriction applies to anyone with either direct involvement in the administering or enforcement of the Program and those in any supervisory capacity above such persons.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

2 Del. Admin. Code § 1205-4.0 Fines

Violation notices are sent to the registered owner of the vehicle that fails to comply with a traffic light signal, as evidenced by information obtained from a traffic light signal monitoring system, and shall be subject to a civil offense rather than a criminal offense. At the time of this revision, the present violation fine of $112.50 is calculated using two components: a base fine of $75.00 and a surcharge of $37.50. The $75.00 fee is authorized by 21 Del.C. §4101(d)(2). The $37.50 surcharge originates from 11 Del.C. §410, which requires fines or fees levied for violations of Title 21 to include an additional 50% surcharge assessment.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

2 Del. Admin. Code § 1205-5.0 Violation Criteria

For a violation to occur, the front of a vehicle must be behind the stop line marked on the pavement at the time the traffic light signal turns red and must then continue into the intersection while the traffic light signal is red.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

2 Del. Admin. Code § 1205-6.0 Determination of Violation

The technology for electronic enforcement utilizes a specialized camera, coupled with a traffic signal. The device detects the movement of vehicles into the intersection after a signal turns red. The technology video tapes this movement while simultaneously taking a picture of the violator's license plate to identify the vehicle. A trained technician, such as a law enforcement officer, employed by a state agency or entity designated by a state agency for this purpose inspects the evidence. Using this information, a violation notice is generated and sent to the registered owner of the vehicle.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

2 Del. Admin. Code § 1205-7.0 Exemptions

7.1 The following vehicles are exempt from receiving a notice of violation:

7.1.1 Emergency vehicles with active emergency lights;

7.1.2 Vehicles moving through the intersection to avoid or clear the way for a marked emergency vehicle;

7.1.3 Vehicles under police escort; and

7.1.4 Vehicles in a funeral procession.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

2 Del. Admin. Code § 1205-8.0 Notice of Violation Content

8.1 A Notice of Violation shall contain:

8.1.1 The name and address of the registered owner of the vehicle that committed the violation;

8.1.2 The registration number of the motor vehicle involved in the violation;

8.1.3 The violation charges;

8.1.4 The location where the violation occurred;

8.1.5 The date and time of the violation;

8.1.6 Copies of 2 or more photographs, or microphotographs or other recorded images, taken as proof of the violation;

8.1.7 The amount of the civil assessment imposed and the date by which the civil assessment should be paid;

8.1.8 Information advising the summonsed person of the manner, time and place by which liability as alleged in the notice may be contested, and warning that the failure to pay the civil assessment or to contest liability in a timely manner is an admission of liability and may result in a judgment being entered against the summonsed person or the denial of the registration or the renewal of any of the owner's vehicles; and

8.1.9 Notice of the summonsed person's ability to rebut the presumption that the summonsed person was the operator of the vehicle at the time of the alleged violation and the means for rebutting such presumption.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

2 Del. Admin. Code § 1205-9.0 Affidavits

9.1 If the registered owner of a vehicle whom has received a notice of violation contends that the registered owner was not the operator of the vehicle at the time of the violation, the registered owner must furnish evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person. Such presumption shall be rebutted if the owner:

9.1.1 Furnishes an affidavit by regular mail to the entity indicated on the summons that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person or company who leased, rented or otherwise had the care, custody or control of the vehicle, or attaches a certified copy of a police report showing that the vehicle or license plate or plates had been reported to the police as stolen prior to the time of the alleged violation; or

9.1.2 Provides proof in court or to the entity handling the administrative appeal process that the owner was not the operator of the vehicle at the time of the alleged violation or that the owner failed to comply with the traffic signal either in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession.

9.2 An affidavit must be provided by the registered owner of a vehicle receiving a Notice of Violation within 90 days of the issue date of the Notice of Violation or no later than 10 days prior to a hearing if one is requested, whichever date is earlier.

9.3 Upon receipt of an affidavit by the State of Delaware or the system vendor, the newly implicated person will be mailed a notification of the violation.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

2 Del. Admin. Code § 1205-10.0 Payment of Civil Assessment

A person electing to pay the civil assessment should follow the process as outlined on the Notice of Violation.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

2 Del. Admin. Code § 1205-11.0 Procedures to Contest a Violation

A person receiving a Notice of Violation may request a hearing to contest the violation by notifying in writing the entity designated on the summons, within 30 days of the issue date. Upon timely receipt of a hearing request, a civil hearing shall be scheduled and the defendant notified of the hearing date by first class mail. Costs for such hearing shall not be assessed against the prevailing party. There shall be no right of transfer to the Court of Common Pleas.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

2 Del. Admin. Code § 1205-12.0 Failure to Pay Civil Assessment

If the owner or the operator identified by the owner fails to pay the civil penalty by voluntary assessment, request a hearing within the required time or submit an affidavit stating that the owner or operator identified was not the driver, the Division of Motor Vehicles may refuse to renew the registration of the owner's vehicle operated at the time the summons was issued. If the owner or an operator identified by the owner is found responsible at a hearing and fails to pay as ordered by the Court, or requests a hearing and fails to pay as ordered by the Court, or requests a hearing and fails to appear, the Division of Motor Vehicles shall suspend the license of the owner or operator.

History

17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)
17 DE Reg. 549 (11/01/13)
17 DE Reg. 549 (11/01/13)
8 DE Reg. 1029 (01/01/05)
17 DE Reg. 549 (11/01/13)
26 DE Reg. 63 (07/01/22)

1206 Approved Motorcycle Helmets and Eye Protection

2 Del. Admin. Code § 1206 Approved Motorcycle Helmets and Eye Protection

1200 Office of Highway Safety

1206 Approved Motorcycle Helmets and Eye Protection

1.0 Types of Approved Helmets.

1.1 Pursuant to 21 Del.C., §4185, the types of helmets approved by the Secretary of the Department of Safety and Homeland Security are ones that:

1.1.1 Meet or exceed the Federal Motor Vehicle Safety Standard (FMVSS) 218 Standard located at 49 Code of Federal Regulations Section 571.218; and meet the following Federal Motor Vehicle Safety Standard 218, labeling requirements.

1.2.1 Each helmet shall be labeled permanently and legibly, in a manner such that the label(s) can be read easily without removing padding or any other permanent part, with the following:

1.2.1.1 Manufacturer's name or identification.

1.2.1.2 Precise model designation.

1.2.1.3 Size.

1.2.1.4 Month and year of manufacture. This may be spelled out (e.g., June 1988), or expressed in numerals (e.g. 6/99).

1.2.1.5 The symbol DOT, constituting the manufacturer's certification that the helmet conforms to the applicable Federal Motor Vehicle Safety Standard. This symbol shall appear on the outer surface, in a color that contrasts with the background, in letters at least three-eighths inch (one centimeter) high.

1.2.2 Each helmet shall include the following information for the purchaser:

1.2.2.1 Shell and liner constructed of (identify type(s) of materials).

1.2.2.2 Helmet can be seriously damaged by some common substances without damage being visible to the user. Apply only the following: (Recommended cleaning agents, paints, adhesives, etc., as appropriate.)

1.2.2.3 Make no modifications to the helmet. Fasten helmet securely. If helmet experiences a severe blow, return it to the manufacturer for inspection, or destroy it and replace it.

1.2.2.4 Any additional relevant safety information should be included at the time of purchase by means of an attached tag, brochure, or other suitable means.

1.2.2.5 If a motorcycle helmet meeting the above federal requirements is equipped with an electronic device for transmitting sound, the speaker portion affixed to the helmet, must not enter or completely block the ear canals.

14 DE Reg. 670 (01/01/11)

2.0 Approved Types of Eye Protection

2.1 Pursuant to 21 Del.C., §4185, the types of eye protection approved by the Secretary of the Department of Safety and Homeland Security are as follows:

2.1.1 Any type of goggles or glasses with protective lenses. Protective lenses are those that at least cover the orbital bone of the eye. This excludes contact lenses; or

2.1.2 A face shield.

14 DE Reg. 670 (01/01/11)

3.0 Reaffirming original eye protection requirement.

This Regulation reaffirms the original approval for eye protection, as issued by the Motor Vehicle Division on July 11, 1968.

14 DE Reg. 670 (01/01/11)

1300 Division of State Police

1301 Nonconsensual Towing

2 Del. Admin. Code § 1301-1.0 Authority and Statement of Purpose

1.1 The following regulations are promulgated pursuant to 21 Del.C. §6901(c) for nonconsensual towing of abandoned or disabled vehicles and vehicles left at the scene of an accident or arrest. These regulations do not prohibit a vehicle owner or driver from using a tow company of their choice provided no public safety concern exists.

1.2 The purpose of these regulations is to protect and promote the public safety and to maintain hazard‑free streets and highways by, among other things, requiring tow vehicles and equipment to meet minimum specifications; requiring tow truck operators to be licensed and insured; and requiring tow companies to hire only competent and responsible drivers. The regulations also attempt to create an equitable and uniform system of handling towing calls.

History

26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
6 DE Reg. 206 (08/01/02)
26 DE Reg. 708 (02/01/23)

2 Del. Admin. Code § 1301-2.0 Definitions

“Approved Tower” means a towing operator that has applied to the Division for certification and been approved by the Division after meeting all criteria for approval, including but not limited to the inspection of the operator’s tow vehicles.

“ Division” means the Delaware Division of State Police.

“Towing” means the transportation on the streets and highways of the State of Delaware of damaged, disabled, unattended or abandoned vehicles together with personal effects or cargo by tow trucks. Wrecking or wrecker service, tow car service, and garage tow truck service are synonymous with and included within the definition of “towing.”

“Tow vehicle” means a motor vehicle altered or designed for, and used in the business of towing vehicles by means of a flat bed or other specially designed truck that is equipped with a tow sling, tow bar, tow plate or wheel lift apparatus, attached to the rear of the truck; or a crane or hoist that is attached to the bed or frame of the tow vehicle. Wrecker, garage tow truck, and slide back or roll back car carriers are synonymous with and included within the definition of “tow vehicle.”

"Troop" means 1 or more of the numbered (1, 2, 3, 4, 5, 6, 7, and 9) Division troops located throughout the state.

“Troop Area” means the geographical area or territory of each Troop.

History

26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
6 DE Reg. 206 (08/01/02)
26 DE Reg. 708 (02/01/23)

2 Del. Admin. Code § 1301-3.0 Tow Vehicles and Equipment

3.1 Tow vehicles shall not exceed the manufacturer’s gross vehicle weight or the manufacturer’s rated capacity for the towing assembly. All tow vehicle components (winches, booms, wire rope, clamps, thimbles, sheaves, guides, controls, blocks, slings, chains, hooks, and hydraulic components) must be maintained in good condition at all times.

3.2 The minimum standards for each class of tow vehicles shall be determined solely by the manufacturer’s specifications for the capabilities and capacities of the tow vehicles and towing equipment.

3.2.1 Class “A” Tow Vehicles ‑ Minimum Specifications

3.2.1.1 A gross vehicle weight of at least 10,000 pounds. A crane and a winch with a rating of at least 4 tons must be mounted on the chassis. A roll back bed may substitute for the crane.

3.2.1.2 A wire rope attached to each tow vehicle winch at least 100 feet long with a minimum thickness of 3/8 inches.

3.2.1.3 A tow sling or wheel lift manufactured to prevent damage to the vehicle.

3.2.1.4 At least 2 safety chains to be attached between the tow vehicle and the towed vehicle.

3.2.2 Class “B” Tow Vehicles ‑ Minimum Specifications

3.2.2.1 A gross vehicle weight rating of at least 17,500 pounds. A complete crane and winch having a rating of at least 10 tons must be mounted on the chassis. A roll back bed may substitute for the crane.

3.2.2.2 A wire rope attached to each winch at least 100 feet long with a minimum thickness of 1/2 inches.

3.2.2.3 A tow sling or wheel lift, or underreach manufactured to prevent damage to the vehicle.

3.2.2.4 A minimum of 2 safety chains to be attached between the tow vehicle and the towed vehicle.

3.2.2.5 At least 2 portable tail, stop and signal lamps with mounting brackets or mounting clips. The lens shall be red in color, and the lens’ diameter shall be at least 3 inches.

3.2.3 Class “C” Tow Vehicles ‑ Minimum Specifications

3.2.3.1 A gross vehicle rating of at least 30,000 pounds. A complete crane and winch having a rating of at least 25 tons must be mounted on the chassis.

3.2.3.2 A wire rope attached to each winch at least 150 feet long with a minimum thickness of 5/8 inches.

3.2.3.3 Brakes constructed to comply with federal motor carrier safety regulations and the Delaware motor vehicle code where applicable.

3.2.3.4 A tow sling or wheel lift, or underreach manufactured to prevent damage to the vehicle.

3.2.3.5 At least 2 safety chains to be attached between the tow vehicle and the towed vehicles, or combination of vehicles.

3.2.3.6 At least 2 portable tail, stop and signal lamps with mounting brackets or mounting clips. The lens shall be red in color, and the lens’ diameter shall be at least 3 inches.

3.2.4 Accessories

3.2.4.1 Each tow vehicle shall be commercially lettered with the operator’s business name, city, state, and telephone number visible from both sides of the vehicle, in permanent letters at least 2 ½ inches high.

3.2.4.2 Each tow vehicle shall be equipped at all times as required by the Delaware motor vehicle code and with the following accessories:

3.2.4.2.1 An amber rotor beam or strobe light mounted on the top so as to be seen when in use from front, rear, and both sides. Such beam or light is to be used only when there is a hazardous condition.

3.2.4.2.2 Minimum of 2 work lights on the rear.

3.2.4.2.3 One snatch block for each winch with matching manufacturer’s rating.

3.2.4.2.4 A set of scotch blocks for wheels, metal type with tail gate chains, or hydraulic rear extendable scotch blocks (Class B and C vehicles only).

3.2.4.2.5 External air hookup and hoses (Class C vehicles only).

3.2.4.2.6 A set of nylon recovery straps or chains rated at 25,000 pounds (Class B and C vehicles only).

3.2.4.2.7 At least 1 broom, shovel, axe, crowbar or pry bar, set of jumper cables, flashlight, and fire extinguisher.

3.2.4.2.8 Box or container to carry debris.

3.2.4.2.9 Sand or commercial oil and grease absorber for a reasonably small cleanup that does not require the intervention of the Department of Natural Resources and Environmental Control.

History

26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
6 DE Reg. 206 (08/01/02)
26 DE Reg. 708 (02/01/23)

2 Del. Admin. Code § 1301-4.0 Approved Towers

4.1 Applications for status as an Approved Tower shall be made in writing and under oath to the Division on forms provided by the Division. The application shall contain all information required therein and shall be directed to the Division's Traffic Section.

4.2 The Traffic Control Section shall review each application for form and completeness. The applicant must attach to the application:

4.2.1 Business license;

4.2.2 Proof of insurance for all towing vehicles;

4.2.3 The driving record for each driver;

4.2.4 A criminal background record for each driver, and authorization for the Division to conduct future criminal background checks; and

4.2.5 Schedule of towing and storage rates.

4.3 An application shall be approved if it includes all of the information and documents required by these regulations and otherwise demonstrates compliance with these regulations and applicable law. The Traffic Section will notify the applicant in writing that it has been conferred Approved Tower status, and send a copy of the application and approval to the Troop.

4.4 No tower will be considered for approved status unless it has continuously been in the towing business for at least 12 months prior to the date the application is received. No tower will be considered for approved status unless it has at least 2 vehicles meeting all of the specifications in these regulations.

4.5 No later than January 31 of each year (but not earlier than January 2), each Approved Tower shall complete and return to the Traffic Section a renewal form to be provided by the Division. The renewal form shall attest, under oath, that all of the information in the original application remains correct and complete or notify the Division of any changes in the information in the original application or last renewal form. The renewal form shall include a copy of the Approved Tower’s business license, proof of insurance for each towing vehicle, driving record for each driver, and schedule of rates for towing and storage services. The renewal form shall also include criminal background records for any employee hired since the date of the original application or last renewal form. The Division may also conduct its own criminal background checks on any new or existing employee of Approved Towers.

4.6 An Approved Tower must notify the Traffic Section in writing within 10 days of the date of any change in the information supplied on the original application. For example, if the Approved Tower hires a new driver or buys a new towing vehicle, then that information must be provided to the Troop in writing.

4.6.1 Vehicles and Equipment

4.6.1.1 Upon submission of an application, the Traffic Control Section will inspect the applicant’s tow vehicles and equipment to determine if they are fit for operation and otherwise in compliance with these regulations and the motor vehicle and traffic laws and federal motor carrier safety regulations, including but not limited to U.S. Department of Transportation rules or regulations. The Troop in whose Troop Area the Approved Tower is assigned may conduct periodic or random inspections to determine if tow vehicles continue to meet all federal, state, and local standards. If, at any time, the Troop finds that a tow vehicle does not meet the minimum specifications for its class, or is not in compliance with any federal, state, or local standards, the Troop shall immediately stop using the services of that Approved Tower until such repairs are made and the tow vehicle is re‑inspected by the Troop.

4.6.2. Drivers

4.6.2.1 All tow vehicle drivers must be at least 18 years of age and have the appropriate driver’s license for the Approved Tower’s tow vehicle.

4.6.2.2 Every driver shall be competent by reason of experience or training to safely operate the type of tow vehicles certified.

4.6.2.3 No driver shall have had within the last 10 years from the date the application is submitted to the Division: more than 1 conviction for driving under the influence of alcohol or drugs; any criminal conviction involving theft, dishonesty, or fraud; any felony conviction involving or related to the operation of a tow vehicle; or any judgment (civil or criminal) of having operated a tow vehicle in a grossly negligent manner or in a manner showing a reckless disregard for life or property.

4.6.2.4 The Division may disqualify particular drivers based upon a determination that they pose an unreasonable risk to public safety, notwithstanding the absence of the disqualifiers set forth in subsection 4.6.2.3 and may deny an application where the applicant does not confirm to the Division's satisfaction that it will not use or employ such drivers.

4.6.3 Towing Service

4.6.3.1 All vehicles and equipment owned and operated by the Approved Tower must meet the minimum specifications set forth in these regulations.

4.6.3.2 All vehicles and equipment owned and operated by the Approved Tower must provide proof of insurance for each tow vehicle to the Division at the time of its application for certification, and each year that the Approved Tower renews its certification, or upon demand by the Division.

4.6.3.2.1 The following minimum coverage is required:

4.6.3.2.2 All insurance policies required shall be issued only by companies authorized to do business in Delaware. Coverage must provide for loss from any vehicle or contents such as radios and computers while being handled, towed or stored by the approved tower. Approved Towers must notify the Division of any modification, amendment, cancellation or substitution of any insurance policy required by these regulations within 10 days the Approved Tower learns of the change in circumstances.

4.7 Approved Towers must have a principal place of business under their exclusive control and located in their assigned areas. Each Approved Tower must maintain a telephone number to answer calls from the Troop duty officer 24 hours a day, and must maintain at least 1 tow vehicle and 1 qualified driver for that place of business. Towers are not required to be open during holidays and weekends, but must be available upon request to release vehicles during holidays and weekends at no additional charge.

4.8 The Approved Tower’s storage facility must be located on the same premises or adjacent to its principal place of business. The Approved Tower shall maintain a secure outside storage facility for the control and safekeeping of motor vehicles, enclosed by a fence at least 6 feet high to deter trespass, vandalism, and tampering. With the approval of the Troop Commander, an Approved Tower may use a satellite storage facility on a seasonal basis that is not located on or next to its principal place of business if the satellite facility will be more convenient for the public. The Approved Tower will operate that satellite facility in accordance with the conditions and provisions of this regulation.

4.9 The Approved Tower must be able to provide emergency service, 24 hours a day, 7 days a week, 365 days a year within its assigned area.

History

26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
6 DE Reg. 206 (08/01/02)
26 DE Reg. 708 (02/01/23)

2 Del. Admin. Code § 1301-5.0 Denial of Approved Tower Status

5.1 Applications for Approved Tower status may be denied for the following:

5.1.1 Failure to provide complete, true, timely, and accurate information on the application, inspection, or renewal forms, or for omitting any material fact on the application, inspection, or renewal forms;

5.1.2 Failure to satisfy or meet any of the requirements of these regulations;

5.1.3 Failure to submit to a tow vehicle inspection;

5.1.4 Failure to obtain or maintain any federal, state, or local license required for the operation of a towing service or tow vehicle or for its drivers; or

5.1.5 Any of the reasons set forth below for revocation of approved status.

History

26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
6 DE Reg. 206 (08/01/02)
26 DE Reg. 708 (02/01/23)

2 Del. Admin. Code § 1301-6.0 Towing Service Allocation System

6.1 Troop Commanders may designate 1 Approved Tower to be the exclusive tower for the Troop Area or may designate multiple Approved Towers for the Troop Area. In making this decision, factors to consider may include:

6.1.1 Needs of public safety and efficiency of service;

6.1.2 Traffic patterns and accident statistics;

6.1.3 The density of approved towing companies;

6.1.4 Prior history, if any, of response times and reliable and expeditions towing services; and

6.1.5 Any other factor the Troop Commander, in their sole discretion, may deem relevant.

6.2 If multiple Approved Towers are to serve a Troop Area, they may be assigned specific geographical areas, within the Troop Area, in which each shall be the exclusive tower. Alternatively, towers may be placed on a rotating list for the entire Troop Area. Troop Commanders shall establish the number of Approved Towers based on the factors in subsection 6.1 and to minimize the management of a rotating system. The Troop Commander may revise the number of Approved Towers if there is a determination that the public is not being appropriately served by the existing number of towers.

6.3 Rotating System

6.3.1 Approved Towers shall be called by the Troop to remove vehicles according to the towers' placement on the rotating list, taking into account the tow vehicle classification for the size of the vehicle to be towed. Approved Towers will be called in succession from the top of the list.

6.3.2 The Approved Tower must acknowledge the rotation call by contacting the duty officer at the Troop within five minutes after the rotation call. If the Approved Tower fails to answer or timely return the call, or responds but does not provide adequate assurance of a prompt and reasonable response, the Troop may rotate the Approved Tower to the bottom of the list and call the next Approved Tower.

6.3.3 An Approved Tower shall promptly respond to a call with a tow vehicle classified to meet or exceed the size of the vehicle to be towed. If an Approved Tower truck does not respond to a request for service, or does not maintain a vehicle with the needed classification, that tower shall be rotated to the bottom of the list.

6.3.4 Absent exigent circumstances, when an Approved Tower responds to a call to remove an abandoned vehicle, the Approved Tower shall not be rotated to the bottom of the rotation list but shall remain at the top of the list for the next available call.

6.3.5 Approved Towers will be listed only once on each list and only in the name under which they are certified under these regulations. Approved Tower shall not receive multiple listings or classifications through the use of different or fictitious names.

6.4 Troop Commanders have the discretion to request the assistance of Approved Towers from other approved areas or who are not the next tower on a rotating list where, in their discretion, doing so is needed to address an emergency or other public safety concern. In the event of specialized recovery requirements not otherwise met by Approved Towers, the Troop may call specialized recovery equipment on a nearest available basis.

6.5 In the event an Approved Tower loses approved status, Troop Commanders shall have the sole discretion to redistribute the tower's territory to other Approved Towers.

History

26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
6 DE Reg. 206 (08/01/02)
26 DE Reg. 708 (02/01/23)

2 Del. Admin. Code § 1301-7.0 Recovery Procedures at Scene of Accident

7.1 Approved Towers shall not use sirens, mechanical or electronic, but shall use rotating beacons or strobes when in the actual process of recovering a vehicle from the scene of an accident, or while towing that vehicle under conditions that present a potential hazard to the public.

7.2 Approved Towers shall sweep all glass and remove all debris from the highway and the right‑of‑way promptly and prior to leaving the incident or collision scene. Approved Towers shall also spread sand or a commercial oil and grease absorber over small spills of oil, anti‑freeze, or other fluids.

7.3 Approved Towers shall follow instructions issued by any on‑the‑scene Trooper with respect to the preservation of physical evidence that may be lost or contaminated where towing, removing or storage of any wrecked, disabled, or abandoned vehicle is involved.

7.4 When the owner or operator of a vehicle surrenders physical custody of a vehicle, the Trooper shall prepare a vehicle storage form with an inventory of its contents and a description of any damage to the vehicle or its contents. The inventory shall indicate whether the Trooper has instructed that the tower should withhold repossession or delivery of the vehicle to the rightful owner or the owner's agent.

History

26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
6 DE Reg. 206 (08/01/02)
26 DE Reg. 708 (02/01/23)

2 Del. Admin. Code § 1301-8.0 Prohibited Acts

8.1 No Approved Tower shall stop at the scene of an accident or at or near a disabled vehicle for the purpose of soliciting an engagement for towing service, unless directed to do so by a Trooper.

8.2 No Approved Tower shall, without authorization from the Troop, move any vehicle from any public highway, street, or other public area when such vehicle has been abandoned, stolen or damaged as the result of an accident, or following an arrest. Approved Towers may move a vehicle damaged as the result of an accident if the removal is for the purpose of extracting a person from the wreckage or to remove an immediate hazard to life, person, or property. In no event shall any such movement be more than is reasonable or necessary under the circumstances then existing. When movement is necessary, the Approved Tower shall be able to identify the original resting place of the vehicle.

History

26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
6 DE Reg. 206 (08/01/02)
26 DE Reg. 708 (02/01/23)

2 Del. Admin. Code § 1301-9.0 Rates

9.1 Approved Towers shall charge reasonable fees for towing and storage comparable to other towers providing similar services in the Troop Area. Approved Towers shall negotiate in good faith any concerns the Division may have regarding any rates it determines are unreasonable and not commensurate with rates typically charged in similar areas or communities.

9.2 The Approved Tower’s basic towing or service fees shall be furnished with the certification application and the annual renewal form. These fees should include:

9.2.1 The base tow charges for day and night; storage charges per day;

9.2.2 The base charge for use of winch and dollies; and

9.2.3 The base charge for road service for vehicles requiring fuel, battery jumps, belts, etc.

9.3 If there is an interim change in any rate charged by the Approved Tower, it must be reported to the Traffic Control Section within ten days.

9.4 For vehicles that are required to be stored as evidence, Approved Towers shall negotiate in good faith caps on total storage costs.

History

26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
6 DE Reg. 206 (08/01/02)
26 DE Reg. 708 (02/01/23)

2 Del. Admin. Code § 1301-10.0 Delegating, Subcontracting, and Assignment

10.1 No Approved Tower shall delegate or subcontract, on a formal or informal basis, any request for nonconsensual towing service from the Division, or delegate or request assistance from another tower to respond to such a call, or refer a call to another tower or substitute for each other, unless approved in advance by the Troop for good cause.

10.2 These regulations are not intended to create a binding contract between the Division and Approved Towers. Accordingly, an Approved Tower’s certification, place on the towing rotation system, or assigned area, cannot be sold, leased, assigned, transferred, pledged, surrendered or otherwise encumbered or disposed of to another towing operator, person, or entity. A successor towing service must make a new application for certification to the Division under these regulations. Upon the sale, lease, assignment, transfer, pledge, surrender, or other encumbrance or disposition of the Approved Tower, its business, name, or all or substantially all of its assets, the certification approval terminates immediately by operation of law and that Approved Tower will be dropped from the approved towing list.

10.3 These regulations supersede all prior regulations, contracts, agreements, arrangements, or understandings, formal or informal, regarding nonconsensual towing at the request of the Division.

History

26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
6 DE Reg. 206 (08/01/02)
26 DE Reg. 708 (02/01/23)

2 Del. Admin. Code § 1301-11.0 Loss of Approved Status

11.1 The Division may revoke the approved status of any Approved Tower if the Approved Tower or, where applicable, 1 of its officers, principals, directors, employees, or stockholders owning more than 10 percent of the outstanding stock of the corporation has:

11.1.1 Violated any of these regulations;

11.1.2 Made a false or misleading statement of fact or omission of a material fact to the Division in connection with the application, inspection, or renewal;

11.1.3 Subcontracted any towing work;

11.1.4 Been found bankrupt, insolvent, or in receivership;

11.1.5 Been the subject of 2 or more substantiated complaints within any 12‑month period from citizens about the Approved Tower’s nonconsensual towing services, including but not limited to complaints about charging unreasonable rates for towing or storage, or the refusal to release a vehicle after presentation of sufficient proof of ownership and payment of authorized charges;

11.1.6 Failed to carry the required insurance on any of the Approved Tower’s tow trucks or for the operation of the tower’s business, or the loss of any required federal, state or local license required for the operation and driving of a tow vehicle; or

11.1.7 Been unavailable to respond to a Division dispatch or failed to respond to a Division dispatch on at least 3 occasions within any 6-month period, or did not have at least a 75 percent response rate for calls within any 12-month period.

11.2 The Division may also revoke the approved status of any Approved Tower that continues to employ someone (despite a Division request for them not to employ) who has:

11.2.1 Been convicted of driving under the influence of alcohol, narcotics, or dangerous drugs during the period of certification;

11.2.2 Had their driver's license suspended or revoked;

11.2.3 Been convicted of any crime involving theft, fraud or dishonesty, or any felony involving the operation of a tow vehicle, or been adjudged (civilly or criminally) to have operated a tow vehicle in a grossly negligent manner or in a manner showing a reckless disregard for life or property; or

11.2.4 Imperiled the safety of the public.

11.3 If there is an imminent threat to public safety, the Superintendent or his designee may summarily suspend Approved Tower status in writing with a written statement of reasons. If there is no imminent threat to public safety, the Division shall give notice to the Approved Tower in writing of its intent to revoke its approved status and the reasons therefor. If, within 30 days from the date of the receipt of such notice to suspend or revoke, the tower requests a hearing in writing, then the Division will schedule a hearing within 60 days of the tower’s request before the Superintendent or his designee. The decision of the Superintendent or his designee shall be in writing and shall be final.

History

26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
26 DE Reg. 708 (02/01/23)
6 DE Reg. 206 (08/01/02)
26 DE Reg. 708 (02/01/23)

1302 Motor Carrier Safety Enforcement

2 Del. Admin. Code § 1302 Motor Carrier Safety Enforcement

DIVISION OF STATE POLICE

1302 Motor Carrier Safety Enforcement

1.0 Scope and Purpose

Pursuant to Section 4713 of Title 21 of the Delaware Code, the Department of Public Safety, on behalf of its Division of State Police, hereby adopts regulations to implement the mandates set forth in Chapter 47 of Title 21 to ensure motor carrier safety in the State of Delaware.

2.0 Inspection of Records

2.1 Authorized representatives of the Division of State Police, upon presenting credentials, may enter a motor carrier’s established place of business, without undue delay, to inspect and examine records of motor carriers to determine compliance with the federal Motor Carrier Safety Regulations (“MCSR”).

2.2 The motor carrier or a representative of the motor carrier shall be entitled to be present during an inspection conducted pursuant to this Section. However, the presence of the motor carrier or an authorized representative of the motor carrier is not a condition precedent to such an inspection.

2.3 An inspection conducted pursuant to this Section may be initiated at any time that business is being conducted or work is being performed by the motor carrier, or its representatives, agents, or employees, whether or not open to the public, or when the motor carrier or a representative of the motor carrier other than a custodian or watchman is present. The fact that a motor carrier or representative of a motor carrier leaves the premises after an inspection has been initiated shall not require the termination of the inspection.

2.4 Any inspection conducted pursuant to this Section shall not continue for more than twenty-four (24) clock hours after initiation, without the consent of the motor carrier or representative of the motor carrier, but in no event shall the inspection continue for more than seventy-two (72) hours after initiation.

2.5 In the event information comes to the attention of the individuals conducting an investigation that may give rise to the necessity of obtaining a search warrant, and in the event steps are initiated for the procurement of a search warrant, the individuals conducting such inspection may take all necessary steps to secure the premises under inspection until the warrant application is acted upon by a judicial officer.

2.6 No more than three (3) inspections of a motor carrier shall be conducted pursuant to this Section within any six (6) month period except pursuant to a search warrant.

2.7 Notwithstanding the limitation in subsection 1.6 nothing in this Section shall be construed to limit the authority of the State Police to respond to complaints of violations of the MCSR by inspecting the records of a commercial motor vehicle operating on the highways of the State of Delaware. For purposes of this subsection, a public complaint is one in which the complainant identifies himself or herself and sets forth the specific basis for his or her complaint against the motor carrier.

2.8 Nothing in this Section shall be construed to limit the authority of the State Police, pursuant to this Section, to conduct a search of motor carrier records pursuant to an authorized search warrant.

4 DE Reg. 1666 (04/01/01)

2000 Department of Transportation

2150 Office of Aeronautics

2151 Delaware Airport Licensing Regulation

2 Del. Admin. Code § 2151 Delaware Airport Licensing Regulation

2151 Delaware Airport Licensing Regulation

1.0 Purpose

1.1 The purpose of this regulation is to implement the State of Delaware Airport Licensing Program authorized by State law, pursuant to Chapter 1, Title 2, Sections 162 and 163, Delaware Code, as amended, in order to provide for a safe statewide aviation program and to provide for the safety of the states’ citizens. This Regulation sets forth the purpose, policies, criteria, and procedures for the inspection, licensing, and the revocation of licenses for public use airports or heliports within the State of Delaware. The pertinent sections of the Delaware Code are:

• Chapter I, Title 2, Section 162 which states that:

• “The Department, through the Office of Aeronautics may approve and license airports and helicopter landing sites, or other air navigation facilities, in accordance with regulations it adopts pertaining to such approval and licensure. Licenses granted under this section shall be renewed annually in conjunction with the Federal Aviation Administration sponsored airport survey program.”

• Chapter 1, Title 2, Section 163 which states that:

• “The Department, through the Office of Aeronautics, may suspend or revoke any certificate of approval or license issued by it when it determines that an airport, restricted landing area, or other navigation facility is not being maintained or used in accordance with the provisions of this chapter and the rules and regulations lawfully promulgated by it pursuant thereto.”

1.2 Aviation safety is of paramount importance in Delaware and depends in great measure upon flight safety and the availability of airports in the State, both of which are regulated by the FAA with the assistance of the Delaware Office of Aeronautics.

1.3 Safety standards are an integral part of the licensing program for Delaware Airports. Annual airport inspections conducted in conjunction with the FAA Form 5010 Airport Master Record Review for licensing can identify existing and potential safety problems and recommend mitigation measures. Inspections are a necessary and integral part of the licensing process and shall be performed by or at the direction of the Office of Aeronautics.

2.0 Definitions

The following definitions shall apply for the Airport Licensing Regulation:

“Airport” means any area of land or water which is designated by the FAA for the landing and takeoff of aircraft, and all appurtenant areas used or suitable for airport buildings, other airport facilities and all appurtenant rights-of-way. For purpose of these Regulations, “Airport” shall include all navigational facilities as defined herein.

“Airport Approach Area” the area in and around an airport or heliport, as defined by Federal Aviation Regulations (FAR) Part 77 - Objects Affecting Navigable Airspace. The approach surfaces associated with the airport approach area are longitudinally centered on the extended runway centerline and extend outward and upward. These surfaces can differ by type of airport and runway characteristic and therefore must be determined using specific FAR Part 77 criteria.

“Annual License Renewal” means once in each calendar year.

“Displaced Threshold” The threshold of a runway is the beginning of that portion of the runway available and suitable for the landing of airplanes. A displaced threshold is one that is located at a point on the runway other than at the runway end. It is an artificial threshold for a runway which shortens the landing length of the runway in the direction of the displacement. The portion of runway behind a displaced threshold may be available for takeoffs in either direction and landings from the opposite direction.

“Hazard to Air Navigation” Hazards to Air Navigation are severe obstructions to air navigation, classified as such by an FAA study under FAR Part 77.

“Heliport” means any helicopter landing area or any area of land or water which is designated by the FAA for the landing and takeoff of helicopters, and all appurtenant areas used or suitable for heliport buildings other heliport facilities and all appurtenant rights-of-way.

“Licensing Criteria” the parameters defined in this regulation that are used to determine whether or not an airport is to be licensed.

“Obstruction to Air Navigation” any penetration of approach or transitional surfaces by an object or structure at an airport or heliport, as defined by FAR Part 77. Other objects or structures can be obstructions to air navigation outside the immediate vicinity of an airport if they encroach on navigable airspace as defined by FAR Part 77.

“Office of Aeronautics” Subdivision of the Department of Transportation that is responsible for aviation matters.

“Temporary Waiver” an intentional relinquishing of a known right or claim for a specific period of time, after careful consideration of all relevant factors.

“Transitional Surface” the area in and around an airport or heliport, as defined by FAR Part 77. The transitional surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended.

3.0 Licensing and Grandfather Rights

Each public use airport or heliport operated in Delaware shall be licensed, operated, and maintained in accordance with this Licensing Program, as described herein this Regulation. Under previous legislation, grandfather rights for airport licenses extended to airports and restricted landing areas which were being operated on or before April 24, 1945. Under the new legislation, no grandfather rights are given or implied. Thus, each public use airport or heliport is subject to the licensing regulation adopted by the Department.

4.0 Aviation Facilities

4.1 Under the new law, all public-use airports and heliports shall be licensed to operate in Delaware. Existing public-use airports and heliports, as of the date of adoption of this Licensing Regulation are the following:

4.1.1 Chandelle Estates

4.1.2 Delaware Airpark

4.1.3 Henderson Airport

4.1.4 Jenkins Airport

4.1.5 Laurel Airport

4.1.6 New Castle County Airport

4.1.7 Smyrna Airport

4.1.8 Summit Airport

4.1.9 Sussex County Airport

4.1.10 Chorman Airport

4.1.11 DelDOT Helipad

5.0 Licensing Process

5.1 The licensing process, as envisioned in this Regulation, requires that the Department inspect each existing public-use airport in the State by a representative of the Office of Aeronautics. All existing public-use airports shall automatically be included in the process. The inspections shall be conducted using the methods described in this section. Successful completion of the licensing process shall result in the issuance of an operating license for an airport. New public-use airports shall request a license in writing from the Delaware Department of Transportation, Office of Aeronautics. To adequately describe these steps, this section consists of the following: licensing criteria, annual licensing program, and new airport licensing process. Each of these steps is described below:

5.1.1 License Criteria. The Department hereby incorporates by reference FAR Part 77; FAA Advisory Circular 150/5300-13, Airport Design; and such other federal or state regulations as may be referred to herein. Licensing criteria have been developed for two specific areas of airport or heliport facility operation. The first involves the requirement of each public use airport to obtain and carry minimum levels of liability and property insurance. The second involves the requirement for displaced thresholds at runways obstructed by existing roadways, railways, or navigable waterways. In order for a public use airport or heliport to be licensed in Delaware, it shall comply with all standards and regulations pertinent to these two areas.

5.1.2 Minimum Insurance Requirements. As a part of this new regulation, it is required that public use airports carry a minimum of one million dollars ($1,000,000) in liability insurance covering bodily injury and property damage liability in any one accident, along with fifty-thousand dollars ($50,000) coverage for property damage for each accident. Certificates of insurance, issued by an insurance company licensed to write such insurance in the State of Delaware, shall be filed annually with the Department of Transportation, Office of Aeronautics, as a part of the licensing procedure. The Department shall be notified of any insurance coverage lapses at public use airports in Delaware.

5.1.3 Displaced Threshold Requirements. Delaware public use airports and heliports should be physically suitable for aviation, in accordance with the aviation purpose intended and operated in a safe manner. Runways that are obstructed, as defined in FAR Part 77, either by highways, railways, or navigable waterways shall have the thresholds of the impacted runways displaced by the appropriate distance. A displaced threshold has been defined as an artificial threshold for a runway which shortens the landing length of the runway in the direction of the displacement. The portion of runway behind a displaced threshold may be available for takeoffs in either direction and landings from the opposite direction. The displacement is caused by the need to provide clearance over an obstruction to air navigation, based upon an imaginary approach slope, which is defined in FAR Part 77.

5.2 For a public roadway, a clearance of 15 vertical feet is needed; for an Interstate Highway a clearance of 17 vertical feet is needed; for a railway, a clearance of 23 vertical feet is required; and for a navigable waterway, a clearance equal to the highest mobile craft to transverse the waterway is needed. For example, if the imaginary surface has a 20:1 slope, a 15 vertical foot clearance at the end of a runway will require 300 linear feet of displacement.

5.2.1 [Appropriate displacement markings shall be painted on paved surfaces in accordance with FAA guidelines and shall be installed as in-ground flush markers or other suitable FAA approved markings on turf strips.]

5.2.2 [Appropriate displacement marking shall be painted on paved surfaces in accordance with FAA guidelines and shall be installed as in-ground flush markers or other suitable FAA approved markings on turf strips.]

5.2.3 Annual Licensing Program. Each of the airports listed in Section 4 of this Regulation are subject to annual licensure by DelDOT through the Office of Aeronautics. To carry out this program, the Office of Aeronautics shall implement the following steps:

5.2.3.1 Inspections. Beginning in 1998, the Office of Aeronautics shall conduct annual on-site inspections of each public-use airport in Delaware, in accordance with the criteria set forth in this Regulation. Existing public-use airports need not apply for a new license, but shall automatically be included in the licensing process. Inspections of each airport shall be conducted by personnel from the Office of Aeronautics. The Office of Aeronautics reserves the right to conduct inspections at its convenience and is not limited in the number of inspections that it may conduct at an airport during any one year period.

5.2.3.2 Inspection Period. While the inspections for licensure do not need to be conducted within an exact 12 month period, they do have to occur at least once in each calendar year.

5.2.4 Validity Period. Licenses issued during 1998 will be valid until December 31, 1999; in subsequent years, licenses issued will be valid until the end of the following calendar year.

5.2.5 New Airports. In the event that a new public use airport is developed, or a private use airport desires to become a public use facility, the airport owner shall submit a request for a license in writing to the Office of Aeronautics, along with a copy of the FAA airspace approval for the airport. Within 30 days of the receipt of the written request, the Office of Aeronautics shall inspect the facility using criteria specified in this Regulation. From that inspection, the Office shall either issue a license or cite the conditions requiring correction before a license can be issued.

6.0 Temporary Waivers

6.1 The licensing process should be one that encourages safety while at the same time does not place an undo burden upon the existing public use airports or heliports in the State. If a violation of this regulation occurs, the airport or heliport in question may attempt to rectify the situation, but in doing so, may require additional time to comply.

6.2 In cases where the correction of a regulation violation requires more than 10 days, a temporary waiver may be issued by the Office of Aeronautics permitting the delay. The temporary waiver shall specify a definite time period for correction of the condition. The process for issuing a temporary waiver is as follows:

6.2.1 Violation Cited. In the event that an airport cannot show proof of insurance, or has not displaced a threshold subject to the requirements of this regulation, the Delaware Department of Transportation, through its Office of Aeronautics shall cite the airport for the violation. In the citation, the airport owner shall have 10 days to correct the violation.

6.2.2 Waiver Request. If the cited airport owner believes that there are mitigating circumstances that prevent compliance with these regulations within the 10 day period, he or she may request a waiver in writing from the Department through its Office of Aeronautics. The waiver request should state the mitigating circumstances and the timeframe requested for compliance.

6.2.3 Waiver Terms. The Department may grant a waiver to the requesting airport owner/operator after consideration of the mitigating circumstances preventing compliance and the time needed to comply. The waiver issued by the Department through its Office of Aeronautics shall state the timeframe for compliance.

6.2.4 Waiver Implementation. The Office of Aeronautics shall approve or disapprove the request for waiver within the 10 day normal compliance period. The decision shall be delivered in writing to the airport owner requesting the waiver. If the waiver is granted, the temporary nature of the waiver shall require that the Office of Aeronautics revisit the airport at the end of the temporary extension of the compliance period to determine if the airport is in compliance. If the airport is in compliance, a license shall be issued. If the airport is not in compliance, Section 7 of this regulation shall be implemented.

7.0 License Revocation

7.1 Under certain circumstances, the license to operate a public use airport or heliport in Delaware can be revoked. Revocation of the license for a public use airport or heliport shall result in either: 1) the immediate closure of the airport or heliport, or 2) the change in designation from public use to private use airport or heliport. The circumstances leading to revocation are listed below.

7.1.1 Refusal or Failure to Comply with this Regulation. If a public use airport or heliport operator refuses or fails to comply with the terms and conditions of licensure contained in this regulation, that airport or heliport is subject to license revocation. Conditions of licensure include:

• Displacement of a runway threshold when obstructed by highways, railways, or waterways.

• Valid insurance coverage in the amounts and types stated in this regulation.

7.1.2 License Revocation. Airport licenses are to be revoked upon reaching the following trigger points:

7.1.2.1 Upon the 11th day after a citation was given to an airport owner, given that no temporary waiver was requested by that airport owner.

7.1.2.2 Upon the expiration of temporary waivers.

7.1.3 Airport Closure/Private Use Designation. No public use airport shall operate in Delaware without a license issued by the Department. Therefore, after license revocation, an airport shall either close or be redesignated as private use and be deleted from the list in the Department of Commerce’s Airport/Facility Directory (AFD).

APPENDIX A

License Inspection Form

1 Airport Name:____________________________________________________________

Inspector:_________________________________________ Date:_______________

Displaced Threshold Requirements

If yes, which runway(s) are impacted:_________________________________________

Sketch below:

Discussed with Airport Manager?_____________________________________________
Timeframe for correction?___________________________________________________
Waiver required/issued? (If yes, please attach)__________________________________

Insurance Certificate:

Requested Supplied (attach copy of certificate)

Comments:

2152 Delaware Airport Obstruction Regulation

2 Del. Admin. Code § 2152 Delaware Airport Obstruction Regulation

2152 Delaware Airport Obstruction Regulation

1.0 Purpose

The purpose of this regulation is to implement Part 1, Title 2 of the Delaware Code, Sections 601-603 and related sections of Title 9 of the Delaware Code, specifically Sections 3005, 4407 and 6302, as amended, applicable to the three counties respectively; for the identification, permitting or removal of objects or structures located within statutorily defined boundaries and which may be a hazard to aviation or which constitute an “obstruction to air navigation,” as that term is defined herein and is hereinafter generically referred to as “obstruction” (see Appendix A for Federal Aviation Regulations Part 77 Obstruction Standards). This regulation is derived from the legislation and provides the means of enforcement and the penalties imposed for failure to comply with the legislative requirements.

It has long been recognized that airports have unique needs for operational safety that interact with surrounding land uses. In particular, the need for runway approaches that are clear of obstructions has long been the target of the Federal Aviation Administration. Numerous federal projects are undertaken each year to remove dangerous obstructions from land either within an airport’s control or adjacent to the airport.

The primary concern in this process is the safety of aircraft flight operations and the welfare of persons and real property on the ground. The Delaware Code authorizes the Department through its Office of Aeronautics to require a review of building permit applications. This review shall result in either an approval or disapproval of building permits for any structure that constitutes an obstruction to air navigation.

The Delaware Code also authorizes the Department to remove potentially hazardous existing obstructions in the approach areas to airport runways after compensating the owners of the obstructions. The process for removing existing obstructions is described in this regulation and entails the identification and preliminary ranking and costing of each eligible obstruction to air navigation, as defined in this regulation. Input shall be solicited from airport owners and operators. An Advisory Committee, appointed by the Department for the review and final ranking of each eligible obstruction, shall meet and consider the preliminary rankings. Based upon the recommendation of the Committee and after a public hearing, funds allocated by the Legislature for obstruction removal shall be directed toward individual projects on a statewide basis.

2.0 Definitions

The following definitions shall apply for the Airport Obstruction Regulation:

“Airport” means any area of land or water which is designated for the landing and takeoff of aircraft, and all appurtenant areas used or suitable for airport buildings, other airport facilities and all appurtenant rights-of-way. For purpose of this regulation, “Airport” shall include all navigational facilities as defined herein.

“Hazard to Air Navigation” Hazards to Air Navigation are severe obstructions to air navigation, classified as such by an FAA study under FAR Part 77.

“Imaginary Surface” is a two dimensional plane stretching upward and outward from an airport. These surfaces are defined by FAR Part 77 criteria for approach surfaces, transitional surfaces, and other applicable surfaces.

“Licensing Criteria” the parameters defined in this regulation that are used to determine whether or not an airport is to be licensed.

“Notice to Airmen (NOTAM)” a notice concerning the establishment, condition, or change in any component, facility, service, or procedure of, or hazard in the National Airspace System, the timely knowledge of which is essential to personnel concerned with flight operations.

“Office of Aeronautics” Subdivision of the Department of Transportation that is responsible for aviation matters.

“Transport Airport” Airports that accommodate business jets as a regular part of their operational fleet mix. These airports have runways that are at least 5,000' long and “Turf Airport”: Airports that have no paved runways.

“Utility Airport” Airports with paved runways that are smaller than Transport Airports.

3.0 Airports Impacted

The Delaware Code indicates that all public use airports are covered by the obstruction removal program. By definition, a public use airport can be either publicly or privately owned, but it must be open to the public for use and be so designated on aeronautical charts. Existing public-use airports and heliports, subject to this Obstruction Regulation as of the date of adoption of this Regulation are the following:

Airport

Role

Chandelle Estates

Utility

Delaware Airpark

Utility

Dover Air Force Base

Transport

Henderson Airport

Turf

Jenkins Airport

Turf

Laurel Airport

Turf

New Castle County Airport

Transport

Smyrna Airport

Turf

Summit Airport

Utility

Sussex County Airport

Transport

Chorman Airport

Utility

DelDOT Helipad

Heliport

4.0 Building Permit Requirements

In accordance with 2 Del C. 602, a Building Permit may be issued by the county or municipality having land use jurisdiction in which the construction or alteration of facilities defined below are located, only after review and approval by the Delaware Office of Aeronautics.

4.1 Building Permit Requirement. Such Building Permit is required for the construction, erection, placement or alteration of any smokestack, tree, silo, flagpole, elevated tank, power line, or radio or television tower antenna, building, structure or other improvement to real property which meets any of the following conditions described in section 2.0.

4.2 Notification. The Delaware Office of Aeronautics shall be notified by each county or municipality, having land use jurisdiction of any proposed construction that may create an obstruction to air navigation as defined herein. The formal notification process is activated through the existing building permit processes in effect in each such county or municipality; specifically: 9 Del. C. 3005 for New Castle County, 9 Del. C. 4407 for Kent County, 9 Del.C. 6302 for Sussex County and the respective municipal codes. These notices shall provide a basis for evaluating the effects of the construction or alteration of any object that may pose a hazard to air navigation. As defined, these objects can be natural growth, terrain, or permanent or temporary construction or alteration of any structure (including appurtenances) by a change in its height or other dimensions.

4.3 Conditions for Notice: In addition to the foregoing listed obstructions, the Delaware Office of Aeronautics shall be notified and shall approve prior to issuance of a Building Permit any facility which meets the following description and/or conditions:

4.3.1 Any construction or alteration of more than 200 feet in height above the ground level at its site;

4.3.2 Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes:

4.3.2.1 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each public use airport with at least one runway more than 3,200 feet in length,

4.3.2.2 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each public use airport with its longest runway no more than 3,200 feet in length,

4.3.2.3 100 to 1 within a trapezoidal shape beginning at the end of a runway of any public use airport, at an initial width of 50 feet, and extending outward for a distance of 20,000 feet to a width of 3,000 feet at its ending point.

4.4 Maps. To assist the Counties in determining when the notice requirement is activated, the Delaware Office of Aeronautics shall distribute maps to each County agency responsible for issuing Building Permits. These maps shall detail the notice areas, including all corresponding imaginary surfaces around public use airports, as defined above.

4.5 Notice Period. Required notices shall be submitted to the Office of Aeronautics with the Building Permit applications at least 30 days before the date the proposed construction or alteration is to begin.

4.6 Emergencies. In the case of an emergency involving essential public services, public health, or public safety, that requires immediate construction or alteration, the 30 day requirement may be waived by the Office of Aeronautics, and the notice may be sent by telephone, fax, or other expeditious means, with appropriate forms submitted within 5 days.

4.7 Information Requirements. Notices shall be filed with the Office of Aeronautics on forms provided by said Office to the Counties (see Appendix B). These forms shall require the following minimum information:

4.7.1 Exact location and dimensions of the proposed structure or object to be constructed or altered.

4.7.2 Planned height above ground level of the structure or object at its highest point, including elevations.

4.7.3 Site plan of the construction or alteration.

5.0. Temporary Obstructions

Should circumstances develop that cause the erection of temporary obstructions to air navigation which do not require a Building Permit, the Delaware Office of Aeronautics shall be informed through the normal notification process (as described in Section 4.0) of the temporary obstruction.

5.1 Temporary Obstructions. Temporary obstructions may occur in response to emergency conditions or life-threatening situations. For example, a crane may be brought in to remove wreckage in the approach areas of Delaware airports.

5.2 Approvals. Approvals for temporary obstructions (see Section 6) shall be obtained from the Delaware Office of Aeronautics.

5.3 Notams. The airport impacted by a temporary obstruction shall be responsible for filing the Notice to Airmen (NOTAM) describing the obstruction and its likely duration. To file a NOTAM, the airport operator must report information essential to personnel concerned with flight operations to the nearest Federal Aviation Administration Flight Service Station. In this case, notice must be given concerning the location and duration of the temporary obstruction.

6.0 Building Permit Process

6.1 As stated in the law, a Building Permit, issued by the County or municipality having land use jurisdiction, shall first be reviewed by the Delaware Office of Aeronautics if it meets the description and/or conditions set forth in Section 4 of this regulation. Such Building Permit for the construction or alteration of each object or structure shall not be issued by the issuing authority until such time as the Office of Aeronautics has approved the application.

6.2 The process of review for a Building Permit application as it pertains to any obstruction or potential obstruction impacting aviation shall be as follows:

6.2.1 Initial Review. Appropriate County and local municipalities responsible for zoning shall conduct the initial review of the Building Permit application. Using the maps provided by the Office of Aeronautics, the agencies shall make a determination whether or not the proposed building or structure invokes the notice requirements listed above. If the proposed structure exceeds the height of the imaginary surfaces around a particular airport, the application, with the completed notice form, shall be referred to the Office of Aeronautics for review.

6.2.2 Office of Aeronautics Evaluation. Once the Building Permit and completed notice form reach the Office of Aeronautics, an evaluation of the impact on air safety shall be conducted. If, in the opinion of the Office of Aeronautics, the proposed building or structure poses an obstruction to air navigation, or if, in the opinion of the Office of Aeronautics, the proposed building or structure unduly limits the planned development of an airport in question, that permit shall be denied.

6.2.3 Criteria. Criteria used in the evaluation process shall include FAR, Part 77, and approved airport master plans and the current State Aviation System Plan. FAR Part 77 criteria should focus on the imaginary surfaces for approach areas and transitional or lateral boundaries. The master plans and system planning information should examine future airport plans for development, and incorporate those plans into potential future FAR Part 77 surfaces.

6.2.4 Approval. If the Office of Aeronautics, finds that no obstruction to air navigation results from the proposed structure and that the development does not limit the operation or development of an airport in question, the Building Permit shall be approved. The Office of Aeronautics shall approve or reject the Building Permit application within 30 days of receipt. If the Building Permit is requested under emergency conditions involving essential public services, public health, or public safety, that require immediate construction or alteration, the Office of Aeronautics may expedite the review and approval or disapproval process as soon thereafter as practical.

7.0 Removal of Existing Obstructions

7.1 The Delaware Code at 2 Del.C. Chapter 6 provides the legal authority for removal of aviation obstructions. Obstructions to air navigation decrease operational safety margins at airports. For this reason, the Delaware Code provides DelDOT, through the Office of Aeronautics, the authority to identify and remove obstructions located in approach areas to public use airports.

7.2 The overview to the obstruction removal process was described briefly in Section 1. 0 As stated, the process entails the identification and preliminary ranking and costing of each eligible obstruction to air navigation, as defined in this regulation. Input shall be solicited from airport owners and operators. An Advisory Committee, appointed by the Department for the review and final ranking of each eligible obstruction, shall meet and consider the preliminary rankings. Based upon the recommendation of the Committee, funds allocated by the Legislature for obstruction removal shall be directed toward individual projects on a statewide basis.

7.3 To carry out this program the following process shall be observed:

7.3.1 Inventory. The Office of Aeronautics shall be responsible for the development of a Statewide obstruction inventory at each public use airport. This inventory shall be conducted periodically, but not less than every 24 months, and shall be carried out in conjunction with the airport owner input. The inventory shall document the existence of obstructions to air navigation as defined in FAR Part 77 in the approach areas at each public use airport. This inventory shall be updated, as needed, to properly identify obstructions and shall be maintained at the Office of Aeronautics. As part of the process, the cost to remove each obstruction shall be estimated.

7.3.2 Preliminary Priority Ranking. A preliminary priority ranking system shall be used to rank the obstructions. This priority system shall consider the following items:

7.3.2.1 Severity of the obstruction

7.3.2.2 Accident history at the associated airport

7.3.2.3 Role of the airport in the State system

7.3.2.4 Cost to remove the obstruction

7.3.2.5 Activity levels at the candidate airports

7.3.3 Deed Restriction. The next step in the process involves the protection of State resources and the elimination of projects that are not considered important by airport owners. In order to protect State resources, any cumulative State funding for obstruction removal, on or off of an airport, that totals more than $10,000 will require a commitment by the airport owner (in the form of a deed restriction) to maintain the airport a public use facility for not less than 10 years from the date that cumulative State expenditures exceed $10,000. Failure by the airport owner to agree to incorporate this deed restriction into the airport deed shall be grounds for DelDOT to disqualify the airport from the obstruction removal program for that obstruction. If the airport owner agrees to the deed restriction and the airport is converted to another use during the 10 year time period, the grant funds shall be reimbursed to the State upon closure, sale, or reclassification (to private use) of the facility, on a graduated scale as follows:

Years Used As Airport Prior to

Conversion to Other Use

% Grant Reimbursed to State

1-5

100%

80%

60%

40%

20%

The State reserves the right to remove a hazard to air navigation, as determined by an FAA airspace study, even if the airport sponsor does not agree to the deed restriction.

7.4 Advisory Committee. An Advisory Committee shall be appointed by the Department to review the preliminary ranking of obstruction removal projects. Projects over $10,000 that an airport owner will not include in a deed restriction shall be removed from consideration by the Advisory Committee. The Office of Aeronautics shall provide the following:

7.4.1 The preliminary ranking from the priority ranking model; and,

7.4.2 The comments and rankings of the airport owners and operators.

7.5 The Advisory Committee shall meet and rank each of the obstruction removal projects and present a final list of rankings to the Department. This final list shall be published and a public hearing shall be conducted.

7.6 Implementation Process. Once the ranking has been adopted by the Department, an implementation process will be initiated by DelDOT using the following criteria:

7.5.1 Available Funding

7.5.2 Deed Restriction

7.5.3 Existing Easements

7.5.4 Airport Owner Cost Sharing

8.0 Penalties

In accordance with Delaware law, 2 Del.C. 603, whoever constructs, erects, places or alters any obstruction, as that term is used in this Regulation, without first obtaining a Building Permit as required by 2 Del. C. Chapter 6, shall upon being found liable in a civil proceeding brought by the Department, be fined an amount not exceeding One Thousand ($1,000) Dollars. Each day’s continuation of a violation of this section shall be deemed a separate and distinct offense, all of which may be brought together in a single action.

9.0 Jurisdiction and Appeals

The Department may enforce the provisions of this regulation by the filing of a complaint in a court of appropriate jurisdiction, including a complaint for injunctive relief.

APPENDIX A

FAR Part 77 Obstruction Standards

Subpart C

Obstructions shall be identified through assessments of each public use airport. Criteria to identify obstructions are outlined in FAR Part 77, Subpart C - Obstruction Standards, as follows:

Subpart C - Obstruction Standards

77.21 Scope.

(a) This subpart establishes standards for determining obstructions to air navigation. It applies to existing and proposed manmade objects, objects of natural growth, and terrain. The standards apply to the use of navigable airspace by aircraft and to existing air navigation facilities, such as an air navigation aid, airport, Federal airway, instrument approach or departure procedure, or approved off -airway route. Additionally, they apply to a planned facility or use, or a change in an existing facility or use, if a proposal therefor is on file with the Federal Aviation Administration or an appropriate military service on the date the notice required by § 77.13 (a) is filed.

(b) At those airports having defined runways with specially prepared hard surfaces, the primary surface for each such runway extends 200 feet beyond each end of the runway. At those airports having defined strips or pathways that, are used regularly for the taking off and landing of aircraft and have been designated by appropriate authority as runways, but do not have specially prepared hard surfaces, each end of the primary surface for each such runway shall coincide with the corresponding end of the runway. At those airports, excluding seaplane bases, having a defined landing and takeoff area with no defined pathways for the landing and taking off of aircraft, a determination shall be made as to which portions of the landing and takeoff area are regularly used as landing and takeoff pathways. Those pathways so determined shall be considered runways and an appropriate primary surface as defined in § 77.25(c) will be considered as being longitudinally centered on each runway so determined, and each end of that primary surface shall coincide with the corresponding end of that runway.

(c) The standards in this subpart apply to the effect of construction or alteration proposals upon an airport if, at the time of filing of the notice required by § 77.13 (a), that aiport is

(1) Available for public use and is listed in the Airport Directory of the current Airman Information Manual or in either the Alaska or Pacific Airman's Guide and Chart Supplement; or,

(2) A planned or proposed airport or an airport under construction, that is the subject of a notice or proposal on file with the Federal Aviation Administration, and, except for military airports, it is clearly indicated that that airport will be available for public use; or,

(3) An airport that is operated by an armed force of the United States.

(d) [Deleted]

77.23 Standards for Determining Obstructions.

(a) An existing object, including a mobile object, is, and a future object would be, an obstruction to air navigation if it is of greater height than any of the following heights or surfaces:

(1) A height of 500 feet above ground level at the site of the object.

(2) A height that is 200 feet above ground level or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport, excluding heliports, with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet, for each additional nautical mile of distance from the airport up to a maximum of 500 feet.

(3) A height within a terminal obstacle clearance area, including in initial approach segment, a departure area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance.

(4) A height within an en route obstacle clearance area, including turn and termination areas, of a Federal airway or approved off-airway route, that would increase the minimum obstacle clearance altitude.

(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under §§ 77.25, 77.28, or 77.29. However, no part of the takeoff or landing area itself will be considered an obstruction.

(b) Except for traverse ways on or near an airport with an operative ground traffic control service, furnished by an air traffic control tower or by the airport management and coordinated with the air traffic control service, the standards of paragraph (a) of this section apply to traverse ways used or to be used for the passage of mobile objects only after the heights of these traverse ways are increased by:

(1) Seventeen feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance.

(2) Fifteen feet for any other public roadway.

(3) Ten feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road.

(4) Twenty-three feet for railroad.

(5) For a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it.

77.25 Civil airport imaginary surfaces.

The following civil airport imaginary surfaces are established with relation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach existing or planned for that runway end.

(a) Horizontal surface - a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

(1) 5,000 feet for all runways designated as utility or visual;

(2) 10,000 feet for all other runways.

The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

(b) Conical surface - a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

(c) Primary surface - a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is:

(1) 250 feet for utility runways having only visual approaches.

(2) 500 feet for utility runways having nonprecision instrument approaches.

(3 ) For other than utility runways the width is:

(i) 500 feet for visual runways having only visual approaches.

(ii) 500 feet for nonprecision instrument runways having visibility minimums greater than three-

fourths statute mile.

(iii) 1,000 feet for a nonprecision instrument runway having nonprecision instrument approach

with visibility minimums as low as three-fourths of a statute mile, and for precision instrument runways.

The width of the primary surface of a runway will be that width prescribed in this section for the

most precise approach existing or planned for either end of that runway.

(d) Approach surface - a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.

(1) The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:

(i) 1,250 feet for that end of a utility runway with only visual approaches;

(ii) 1,500 feet for that end of a runway other than a utility runway with only visual approaches;

(iii) 2,000 feet for that end of a utility runway with a nonprecision instrument approach;

(iv) 3,500 feet for that end of it nonprecision instrument runway other than utility, having visibility minimums greater than three--fourths of a statute mile;

(v) 4,000 feet for that end of a nonprecision instrument runway, other than utility, having a nonprecision instrument approach with visibility minimums as low as three-fourths statute mile; and

(vi) 16,000 feet for precision instrument runways.

(2) The approach surface extends for a horizontal distance of:

(i) 5,000 feet at a slope of 20 to 1 for all utility and visual runways;

(ii) 10,000 feet at a slope of 34 to 1 for all nonprecision instrument runways other than utility;and,

(iii) 10,000 feet at a slope of 50 to 1 with an additional 40,000 feet at a slope of 40 to 1 for all precision instrument runways.

(3) The outer width of an approach surface to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.

(e) Transitional surface -these surfaces extend outward and upward at right angles to the runway centerline and the runway center-line extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline.

Imaginary surfaces in the airport approach areas are defined above and would be used to identify obstructions to air navigation at airports and heliports in Delaware that are eligible for removal under the law. By definition, penetrations of these imaginary surfaces by objects are obstructions to air navigation.

APPENDIX B:

Proposed Construction/alteration In Airport Zones Notification Form

The Delaware Code, Part 1, Title 2, Sections 601-603 specifies where construction/alterations can be done in and around airports. The Office of Aeronautics has been tasked to insure new construction or changes to existing structures conform to the legislative mandate. As such, the Office of Aeronautics shall be notified of any proposed construction that may create an obstruction to air navigation. The primary concern in this process is the safety of aircraft flight operations and the welfare of persons and real property on the ground.

Notice requirements shall incorporate the following areas and/or conditions:

• Any construction or alteration of more than 200 feet in height above the ground level at its site;

• Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes:

100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each public use airport with at least one runway more than 3,200 feet in length.

50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each public use airport with its longest runway no more than 3,200 feet in length.

100 to 1 within a trapezoidal shape beginning at the end of a runway of any public use airport, at an initial width of 50 feet, and extending outward for a distance of 20,000 feet to a width of 3,000 feet at its ending point.

Federal Aviation Regulations, Part 77, also apply.

The following information must be submitted to the Office of Aeronautics with the Building Permit application at least 30 days before the date the proposed construction or alteration is to begin if said construction/alteration falls within any of the above stated conditions. Each County has been provided maps showing the areas in question around each airport. The Office of Aeronautics shall approve or reject based on the above criteria.

Required Information to be Provided to The Office of Aeronautics:

Exact Location

*___________________________________________________________________

Distance from Runway:

*___________________________________________________________________

Height above ground of highest point after construction (attach site plan): *_________________________________

Height above sea level:

*___________________________________________________________________

DATE RECEIVED:________________ APPROVE_______ DISAPPROVE_______

SIGNED:__________________________________________ DATE

SIGNED:___________

Office of Aeronautics

The Delaware Department of Transportation is not responsible for the accuracy of the provided information. It is the responsibility of the provider to supply accurate information for evaluation. In addition, site plans and other material given to DelDOT as a part of this application process will not be returned.

2200 Division of Motor Vehicles

Driver Services Driver Services

2201 Procedure for Re-licensing Investigations

2 Del. Admin. Code § 2201 Procedure for Re-licensing Investigations

2200 Division of Motor Vehicles

Driver Services

2201 Procedure for Re-licensing Investigations

Character Background Review

1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302 and 29 Del.C. § 10115.

2.0 Purpose

This policy regulation establishes administrative procedures regarding the character background review process for an individual whose license has been revoked for an alcohol-related violation pursuant to 21 Del.C. §2742, §2743, and §4177. Additionally, pursuant to 21 Del.C. §4177 A(d), the Secretary shall have power and authority to refuse to issue a driver's license to any individual whose driver license or driving privilege was revoked until such person has satisfied the Secretary that he has been of good behavior for the entire period of revocation and until he has complied with all applicable provisions of this section.

13 DE Reg. 1225 (03/01/10)

3.0 Applicability

This policy regulation interprets the following sections found in 21 Del.C. §2742, §2743, and §4177.

4.0 Substance Of Policy

4.1 Any Driver Improvement staff member acceptable to the Secretary of Transportation or his designee may conduct a character background review in accordance with this regulation.

4.2 The following individuals are required to have a favorable character background review conducted prior to becoming eligible to reinstate his driving privileges:

4.2.1 Any person whose blood alcohol content (BAC) at the time of arrest was .165 or above.

4.2.2 Any person revoked for a second alcohol-related violation pursuant to 21 Del.C. §2742, §4177, or §4177B occurring within five (5) years from the first violation and/or third or further subsequent alcohol-related violation occurring at any time following the second violation.

4.2.3 Any person revoked for a felony alcohol-related violation pursuant to 21 Del.C. §2742 or §4177.

4.3 The Driver Improvement staff member shall review Delaware Justice Information System/Criminal Justice Information System (DELJIS/CJIS) and driving record regarding violations of the applicant. Violations received after the violation for which the character background review is being conducted that result in a conviction and/or violations currently pending should be addressed with the applicant and may be taken into consideration when making the decision regarding issuance of any driving authority.

4.4 The Driver Improvement staff member shall obtain a Problem Driver Pointer System (PDPS) printout prior to reinstating an applicant's driving privileges. An applicant must have a PDPS status of "eligible", thus indicating that his driving privileges are not withdrawn in any other state, prior to becoming eligible for valid driving privileges.

4.5 It is the responsibility of the Driver Improvement staff member to determine whether or not driving authority should be reinstated and how such authority should be limited based on statute requirements. (IE: full driving authority, conditional license or IID license.)

4.6 The Driver Improvement staff member may contact any other sources which could supply information relative to the applicant's case. These additional sources may include, but not be limited to: probation officer, alcohol program instruction, alcohol program counselor, court staff, police agency in or around the applicant's place of residence, or any citizen that may be aware of the applicant's current drinking behavior.

4.7 If the Background Review reveals that the applicant may constitute a risk to the driving public relative to alcohol and/or drug abuse and/or that the applicant has not been of "Good Behavior", his/her driving privilege will not be reinstated. Such driving authority will remain withdrawn until it has been determined by this division that all applicable requirements have been met and that the applicant no longer represents a risk to the driving public.

4.7.1 For purposes of this regulation "Good Behavior" shall be defined by the Department as:

4.7.1.1 No additional drinking and/or drug-related incidents caused by the applicant during the period of revocation (included but not limited to arrests).

4.7.1.2 No traffic (moving) or license violations during the period of revocation.

4.8 The applicant shall be denied driving authority until the applicant has satisfactorily completed all necessary requirements as defined by Delaware statute and this regulation.

4.8.1 The Driver Improvement staff member having information regarding an applicant's behavior regarding those items listed in 4.7.1 may deny driving authority for one (1) month for the first action, three (3) months for two actions, and six (6) months for three or more actions.

4.8.2 Once additional time has been served, a prior violation will not be considered. However, if new violations are received during the denial period, the Driver Improvement staff member shall take the new violations into consideration as specified in 4.7.1 above.

4.9 Following the Character Background Review the Driver Improvement staff member will file a report of his/her decision regarding issuance of driving authority.

4.10 An entry will be made to the driving record regarding the outcome of the Character Background Review.

4.11 All documents will be imaged upon receipt in the Driver Improvement Section.

4.12 Any person whose blood alcohol concentration (BAC) at the time of arrest was below .15 and/or whose arrest was his/her first alcohol-related violation shall be processed pursuant to the following:

4.12.1 A review of the driving record and PDPS will be conducted to determine eligibility for driving authority.

4.12.2 A review of the alcohol program completion will be conducted to verify acceptable completion of the program.

4.13 If the applicant is refused issuance of a driver license after the period of revocation has ended the alcohol program has been satisfactorily completed and after all fines and/or fees are paid, the applicant may appeal to the of Common Pleas in the county of his/her residence.

13 DE Reg. 1225 (03/01/10)

5.0 Severability

If any part of this rule is held to be unconstitutional or otherwise contrary to law by a court of competent jurisdiction, said portion shall be severed and the remaining portions of this rule shall remain in full force and effect under Delaware law.

6.0 Effective Date

The following regulation shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e).

2202 Issuance of Duplicate Drivers’ Licenses (Formerly Reg. No. 6)

2 Del. Admin. Code § 2202 Issuance of Duplicate Drivers’ Licenses (Formerly Reg. No. 6)

2200 Division of Motor Vehicles

2202 Issuance of Duplicate Drivers’ Licenses (Formerly Reg. No. 6)

1.0

Effective March 10, 1975, any duplicate driver's license being issued which is questionable is to be forwarded to the Dover Administrative Office for mailing to the applicant. The applicant is to be issued a 15-day temporary driver's license by the office accepting the application for duplicate.

2.0

This policy is being implemented to discourage fraudulent applications for duplicate drivers' licenses.

2 Del. Admin. Code § 2203-1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302.

History

26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
9 DE Reg. 1988 (06/01/06)
26 DE Reg. 492 (12/01/22)

2 Del. Admin. Code § 2203-2.0 Purpose

This policy regulation establishes administrative procedures regarding the administrative hearing process for implied consent, administrative per se, and other administrative hearings of record.

History

26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
9 DE Reg. 1988 (06/01/06)
26 DE Reg. 492 (12/01/22)

2 Del. Admin. Code § 2203-3.0 Applicability

This policy regulation interprets the following sections found in 21 Del.C. §2740 through §2750 in their entirety. This policy contains procedures necessary to implement the sections referenced above and other administrative hearings of record pertaining to license revocations, suspension, disqualifications, and other DMV actions or decisions.

History

26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
9 DE Reg. 1988 (06/01/06)
26 DE Reg. 492 (12/01/22)

2 Del. Admin. Code § 2203-4.0 Substance of Policy

4.1 The arresting officer shall personally issue to the defendant the original copy of the MV 529 form at the time of issuance in all cases regardless of whether a temporary license was issued as well.

4.2 The following documents shall be submitted to the Division of Motor Vehicles Administration Office 303 Transportation Circle PO Box 698 Dover, DE 19903 immediately following issuance of the MV 529 Official Notice and Order of Revocation and Temporary License:

4.2.1 MV 529 Official Notice and Order of Revocation

4.2.2 Form 333 Probable Cause and Implied Consent form

4.2.3 Delaware driver's license

4.3 Documents referenced in subsection 4.2 of this regulation that are not received by the Division within 30 days from the date of issuance will not be processed and no action will result against the defendant. The Division shall process all MV 529 Official Notice and Order of Revocation, where no administrative hearing is requested, within 30 days of receipt.

4.4 The defendant, the defendant’s legal representative, or person acting on the defendant’s behalf may request an administrative hearing within 15 days of the issue date on the MV 529 form. If the 15th day falls on a Saturday, Sunday, legal holiday, or any other day when the Division is not open for business the defendant will be given until the next succeeding business day to make the defendant’s request. The request may be made in person at any Division of Motor Vehicles office, by mail, or by facsimile. The request for a hearing must be in written form.

4.5 Failure of the defendant, the defendant’s legal representative, or person acting on the defendant’s behalf to request the hearing within the 15-day time period will result in the license being revoked upon processing of the MV 529 Notice and Order of Revocation by the Division for the appropriate period of time pursuant to 21 Del.C. §2742 & §2743.

4.6 A notice scheduling the hearing must be sent within 30 days of the hearing request. The scheduling notice shall be sent to the defendant, the arresting officer, and the defendant's legal representative if the Division has knowledge of the legal representative at the time the scheduling notice is sent.

4.7 A request for a continuance by the defendant, legal representative, or police officer will be considered as follows:

4.7.1 One continuance request will be granted to either party (defense or State) regardless of reason provided the request is received at least 1 business day prior to the hearing date.

4.7.2 A subsequent request for a continuance will be considered provided the request is in writing and received at least 1 business day prior to the hearing date. The request must contain travel documents, medical documents, employment documents, court documents, training documents, or other documents to support the continuance request.

4.7.3 A continuance request made on the day of the hearing will be considered in the event of an emergency. Documentation to verify the emergency must be submitted.

4.7.4 Continuance requests should be made directly to the Hearing Officer of record or in the Hearing Officer’s absence, to the Driver Improvement Unit, Revocation Section, Hearing Staff, Driver Improvement Manager or Driver Improvement Assistant Manager.

4.8 The decision of the Hearing Officer following the administrative hearing shall be rendered within 15 working days.

4.9 The decision of the Hearing Officer is forwarded to a Motor Vehicle Specialist in the Administration Office who in turn will send notice of the Hearing Officer's decision to the defendant, law enforcement officer and the defendant's legal representative.

4.10 All hearings will be recorded and the recordings will be retained by the Hearing Officer for one (1) year should the hearing officer rule in favor of the State. However, if the ruling is in favor of the defendant, the recording does not need to be retained and may be erased immediately. The hearing recordings are considered internal working documents and will not be released to either party regardless of the Hearing Officer's decision unless directed by the Division's Deputy Attorney General or by the court. A copy of the hearing recording will be made available to an approved transcription service in the event of an appeal of a ruling against the defendant.

4.11 Upon receipt of an appeal a copy of all printed material shall be made available to the Deputy Attorney General representing the Division of Motor Vehicles. Contact shall be made with an approved transcription service to determine the cost of the transcript and necessary copies. Contact shall be made with the Hearing Officer to make a copy of the specific hearing being appealed. The Hearing Officer shall forward a copy of the recording to the Administration Office where the transcription service shall pick up the recording. Upon receipt of the transcription copies they shall be distributed as follows: One copy each to the defendant, the defendant’s legal representative, the Deputy Attorney General, the court, and the defendant's DMV case file.

4.12 The appellant will be responsible for the cost of preparing the transcript of the hearing in the event of an appeal. The cost will include five (5) copies of said transcript.

4.13 Copies of the Hearing Officer's decision will be available to the defense and the State only upon request of an appeal of the decision.

4.14 The following personnel classifications are designated to hold administrative hearings for the Division of Motor Vehicles:

4.14.1 Chief of Driver Services

4.14.2 Driver Improvement Manager

4.14.3 Driver Improvement Assistant Manager Hearing Officer

4.14.4 Driver Improvement Hearing Officer

History

26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
9 DE Reg. 1988 (06/01/06)
26 DE Reg. 492 (12/01/22)

2 Del. Admin. Code § 2203-5.0 Severability

History

26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
9 DE Reg. 1988 (06/01/06)
26 DE Reg. 492 (12/01/22)

2 Del. Admin. Code § 2203-6.0 Effective Date

The following regulation became effective June 11, 2006. Amendments to the regulation will become effective 10 days from the date they are published in final form in the Register of Regulations in accordance with 29 Del.C. §10118(e).

History

26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
26 DE Reg. 492 (12/01/22)
9 DE Reg. 1988 (06/01/06)
26 DE Reg. 492 (12/01/22)

2204 Police Authorization to Pick Up Suspended or Revoked Driver Licenses, Vehicle Registration Cards, License Plates or Certificates of Title (Formerly Reg. No. 27)

2 Del. Admin. Code § 2204 Police Authorization to Pick Up Suspended or Revoked Driver Licenses, Vehicle Registration Cards, License Plates or Certificates of Title (Formerly Reg. No. 27)

2200 Division of Motor Vehicles

2204 Police Authorization to Pick Up Suspended or Revoked Driver Licenses, Vehicle Registration Cards, License Plates or Certificates of Title (Formerly Reg. No. 27)

1.0

If any person fails to return a driver's license, vehicle registration card, license plate or certificate of title to the Motor Vehicle Division after such driver's license vehicle registration card, license plate or certificate of title has been suspended, revoked or cancelled, any police officer is hereby authorized to pick up such driver's license, vehicle registration card, license plate or certificate of title and return the same immediately to the Motor Vehicle Division.

2.0

This Regulation is adopted pursuant to Title 21, section 302, Delaware Code

2205 Authorization of Judges and Aldermen in Delaware Courts to take Possession of Drivers’ Licenses (Formerly Reg. No. 31)

2 Del. Admin. Code § 2205 Authorization of Judges and Aldermen in Delaware Courts to take Possession of Drivers’ Licenses (Formerly Reg. No. 31)

2200 Division of Motor Vehicles

2205 Authorization of Judges and Aldermen in Delaware Courts to take Possession of Drivers’ Licenses (Formerly Reg. No. 31)

1.0

Pursuant to Title 21, Chapter 41, Section 4177A, all judges and aldermen in the Delaware Court System are immediately authorized to take possession of any driver's license issued by any state after a conviction for a violation of Section 4177, Title 21, Delaware Code.

2.0

Whenever a judge takes possession of a driver's license, such license shall immediately be forwarded to the Revocation Section of the Division of Motor Vehicles in Dover

2206 Revocation of a Driver's License/Driving Privilege Pursuant to Section 4103(b) and Section 2732(a-8) (Formerly Reg. No. 40)

2 Del. Admin. Code § 2206 Revocation of a Driver's License/Driving Privilege Pursuant to Section 4103(b) and Section 2732(a-8) (Formerly Reg. No. 40)

2200 Division of Motor Vehicles

2206 Revocation of a Driver's License/Driving Privilege Pursuant to Section 4103(b) and Section 2732(a-8) (Formerly Reg. No. 40)

1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302, 21 Del.C. §4103(b), (c), 21 Del.C. §2732(a) (8), and 29 Del.C. §10115.

2.0 Purpose

This policy regulation establishes administrative procedures regarding the revocation of a driver's license or driving privilege following a conviction of failure to stop at the command of a police officer.

3.0 Applicability

This policy regulation interprets the following sections found in 21 Del.C. §4103(b), (c) and §2732(a)(8).

4.0 Substance of Policy

4.1 Upon receipt of a first conviction for a violation of 21 Del.C. §4103(b) the driver's license and/or driving privilege shall be revoked for a period of one (1) year.

4.2 Upon receipt of information that a first conviction involved a high speed chase, injury to a police officer(s) or to other person(s), the driver's license and/or driving privilege shall be revoked for a period of two (2) years, provided a written request and copy of the police report is received from law enforcement, the court, or the Department of Justice.

4.3 An administrative hearing may be requested within 30 days of the effective date of the revocation for the action taken under 4.2 above. The scope of the hearing will be as follows:

4.3.1 Determine if the petitioner was charged with a violation of 21 Del.C. §4103(b) and was convicted of said violation.

4.3.2 Determine if the Division received a written request and copy of the police report from law enforcement, the court, or the Department of Justice requesting a two (2) year revocation based on a high speed chase or injury to police officers) or other(s).

4.4 Upon receipt of a second or further subsequent conviction the driver's license and/or driving privilege shall be revoked for a period of three (3) years.

4.5 No administrative hearing may be requested for a one (1) year or three (3) year revocation action as they are required by statute.

5.0 Severability

6.0 Effective Date

The following regulation shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e).

9 DE Reg. 1988 (06/01/06)

2207 Suspension of Permanent Licenses (Formerly Reg. No. 41)

2 Del. Admin. Code § 2207 Suspension of Permanent Licenses (Formerly Reg. No. 41)

2207 Suspension of Permanent Licenses (Formerly Reg. No. 41)

1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302 and 29 Del.C. §10115.

2.0 Purpose

This policy regulation establishes administrative procedures regarding the suspension of permanent licenses and reinstatement thereof.

3.0 Applicability

This policy regulation interprets the following sections found in 21 Del.C. §2732(b), (g), §2733(1), §2118, §2942 and §2943

4.0 Substance of Policy

4.1 If the suspension of a permanent license is for a non moving violation, such as failure to answer summons, default of a court fine, uncollectible check, judgment, or failure to have liability insurance on a motor vehicle, the permanent license shall be returned to the licensee at the time of reinstatement.

4.2 If the suspension of a permanent license is for a moving violation (s), the permanent license is canceled, and at the time of reinstatement, a new driver's license shall be issued to the applicant for the balance of the period remaining on the license. The licensee shall not be required to pay for this license.

4.3 In both cases cited above, the normal reinstatement fee pursuant to 21 Del.C. §2737 shall be assessed.

5.0 Severability

6.0 Effective Date

The following regulation shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e).

9 DE Reg. 1988 (06/01/06)

2208 Concerning Driver Improvement Problem Driver Program (Formerly Reg. No. 45)

2 Del. Admin. Code § 2208 Concerning Driver Improvement Problem Driver Program (Formerly Reg. No. 45)

2208 Concerning Driver Improvement Problem Driver Program (Formerly Reg. No. 45)

1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302, 21 Del.C. §2733(a)(4) and 29 Del.C. §10115.

2.0. Purpose

The Highway Safety Program Standard for Driver Licensing, as adopted by the National Highway Traffic Safety Administration, requires each state to have a Driver Improvement Program to identify problem drivers and take actions to reduce the frequency of their involvement in traffic accidents and violations. The Driver Improvement Problem Driver Program is designed to identify problem drivers, to change the problem driver’s behavior by providing information and training opportunities and, if necessary, to progressively impose sanctions as more convictions/points are accumulated on the driving record. The goal of the program is crash prevention. The steps in the program are geared to the seriousness of the driving record.

The Division of Motor Vehicles’ Driver Improvement staff use these policy guidelines to initiate program requirements and impose license suspensions.

3.0 Applicability

This policy regulation interprets the following sections found in Title 21: Section 2722, Section 2733(b), (e), (j), Section 2755, Section 2756, Section 4166(d), (j), Section 4169, Section 4175, 4175a, Section 4172(a), (b), Section 4172A, Section 6702, and Chapter 81.

4.0 Substance Of Policy

4.1 Point System. The Division of Motor Vehicles shall identify problem drivers, educate and impose driver’s license sanctions based upon a point system. Violations will be assessed points based up the following:

Violations

Speeding 1-9 miles per hour over posted limit

Speeding 10-14 miles per hour over posted limit

Speeding 15-19 miles per hour over posted limit

Speeding 20 or more miles per hour over posted limit

Passing a Stopped School Bus

Reckless Driving

Operation of a Vehicle Causing Death

Aggressive Driving

Disregarding Stop Sign or Red Light

Moving violation contained in Chapters 27, 41 or 42 of Title 21

*May result in additional actions including suspension

4.2 Point Credits

4.2.1 A licensee who is convicted of a speeding violation from 1 – 14 miles per hour over the posted speed limit will not be assessed points for the first violation within any three (3) year period provided the ticket is paid through the Voluntary Assessment Center or Alderman’s Court recorded on the court disposition as a “guilty mail in”.

4.2.2 Completion of the Defensive Driving Course (DDC), recognized by the Division of Motor Vehicles and approved by the Insurance Commissioner’s Office will be entered on the licensee’s driving record. The licensee shall have a 3-point credit entered on the licensee’s driving record following satisfactory completion of the course. The licensee is responsible for enrollment scheduling and the payment of all fees associated with this course. DDC credit is effective on the date of course completion. DDC credit will not be applied retroactively once an action item is in effect.

4.2.3 The point credits listed in 4.2.2 shall not be considered when determining the eligibility of a school bus operator. To determine the point level for a school bus operator or applicant, use full point value, not calculated points, for the previous 3-year period.

4.2.4 A motor vehicle licensee shall have a one point credit entered on their driving record under the Division of Motor Vehicle Point System if a driver is convicted of a violation of 21 Del.C. §4176(a) or 21 Del.C. §4176(b) and at the time of arrest for that conviction all passengers including the driver of the vehicle were wearing seat belts. This credit shall remain on a driving record for a 1-year period. If a motor vehicle licensee has more than one conviction of 21 Del.C. §4176(a) or 21 Del.C. §4176(b) during this one year period, where at the time of arrest all passengers including the driver were wearing a seatbelt, the motor vehicle licensee shall not receive an additional one point credit on their driving record for each conviction. However, the one point credit on the driving record shall be extended for one year from the date of the last conviction.

4.3 Driver Improvement Problem Driver Program. A driver enters the Driver Improvement Problem Driver Program when the driver accumulates 8 calculated points based upon their driving record for the previous two years. At that time an advisory letter is sent to the driver. Studies show that early intervention with inexpensive actions reduce accidents and improve driving behavior.

4.4 Convictions received from other jurisdictions are posted to the Delaware driving record. The points will be assessed on these violations as though the offense was committed in this State in accordance with the Driver’s License Compact.

4.5 The Aggressive Driving Committee, in accordance with the Office of Highway Safety Regulation 1202, must certify all behavior modification/attitudinal driving courses. The committee has the authority to designate alternative courses to comply with the requirements of this policy regulation.

4.6 The actions listed below occur as calculated points are accumulated during any 24-month period. The 24-month period is computed based upon the date of the offense and “slides” forward based upon that date. The driving record will record the actions taken. The Driver Improvement Section will conduct a record review at each step in the process and schedule interviews as necessary. The action items may be processed automatically without an interview. When the calculated points fall between the threshold limits, use the action items specified in the lower level. (Example: If the driver accumulates 9 points before any action is taken, send out an advisory letter as required when they accumulate 8 points.) If the driver accumulates 12 points before the advisory letter is sent, use the action item listed for drivers with 12 points.

Calculated Points

Action Items

Division of Motor Vehicles advisory letter is mailed to the driver. DDC credits will not impact the issuance of an advisory letter.

Driver must complete an approved “behavior modification/attitudinal driving course” within 90 days after notification (unless extended by the Division). Failure to comply or upon preference of the driver, a mandatory 2 month suspension will be imposed in lieu of the program.

Mandatory 4 month license suspension. To become eligible for reinstatement, the driver must complete or have completed a behavior modification/attitudinal driving course” within the previous 2 years as of the time of reinstatement.

Mandatory 6 month license suspension. To become eligible for reinstatement, the driver must complete or have completed a “behavior modification/attitudinal driving course” within the previous 2 years as of the time of reinstatement.

Mandatory 8 month license suspension. To become eligible for reinstatement, the driver must complete or have completed a “behavior modification/attitudinal driving course” within the previous 2 years as of the time of reinstatement.

Mandatory 10 month license suspension. To become eligible for reinstatement, the driver must complete or have completed a “behavior modification/attitudinal driving course” within the previous 2 years as of the time of reinstatement.

Mandatory 12 month license suspension. To become eligible for reinstatement, the driver must complete or have completed a “behavior modification/attitudinal driving course” within the previous 2 years as of the time of reinstatement.

4.7 Serious Speeding Violations. The Division of Motor Vehicles considers all speeding violations 20 miles per hour (MPH) or more above the posted speed limit to be a serious speeding violation that identifies the driver as a problem driver. The following actions will be taken:

4.7.1 When a driver is convicted of a single speeding violation for driving 20-24 MPH over the posted limit and accumulated less than 12 calculated points, the Driver Improvement staff will review the driver’s driving record and send the driver an advisory letter.

4.7.2 When convicted of driving 25 MPH over the posted limit, the driver’s license will be suspended for a mandatory period of 1 month. The suspension period will be increased by one month for each additional 5 MPH over the initial 25 MPH threshold. Note: The driver may elect to attend the “behavior modification/attitudinal driving course” in lieu of a license suspension if the driver was driving 25-29 MPH over the posted limit.

4.7.3 Anyone convicted of driving 50 MPH or more over the posted speed or driving 100 MPH or more shall be suspended for a period of one year. The driver is not eligible for an occupational license during the first three months of the suspension period.

4.7.4 To be eligible for reinstatement following a suspension for a serious speed violation the driver must complete or have completed a “behavior modification/attitudinal driving course” within the previous 2 years as of the time of reinstatement. However, drivers suspended in lieu of electing to attend the “behavior midification/attitudinal driving course” for speed violations 25 to 29 MPH over the posted limit are not required to complete the program at time of reinstatement.

4.8 Additional Sanctions Imposed by Statute or Policy:

4.8.1 Passing a stopped school bus in violation of 21 Del.C. §4166(d). For the first offense, one-month driver’s license suspension. For the second offense, six months suspension. For the third or more offenses, suspend the driver’s license for twelve months.

4.8.2 Driving in violation of a license restriction per 21 Del.C. §2722. For the first offense, send an advisory letter. Suspend the driver’s license for one month for subsequent offenses.

4.8.3 Speed exhibition violation per 21 Del.C. §4172(a)(d). One-month suspension for the first offense and one-year driver’s license suspension for subsequent offenses.

4.8.4 Spinning wheels violation per 21 Del.C. §4172(b). Send an advisory letter for the first offense. Suspend the driver’s license for one year for second and subsequent offenses.

4.8.5 Malicious mischief violations per 21 Del.C. §4172A. One-month driver’s license suspension for the first offense. One-year suspension for the second and subsequent offenses.

4.8.6 Knowingly permit an unlicensed person to operate a vehicle violation per 21 Del.C. §2755. Send an advisory letter for the first offense. Three-month driver’s license suspension for the second and subsequent offenses.

4.8.7 Driving without consent of the owner violation per 21 Del.C. §6702. One month driver’s license suspension for the first offense and three month’s suspension for the second and subsequent offenses.

4.8.8 Driving during suspension or revocation violations per 21 Del.C. §2756. A conviction for driving during suspension or revocation shall extend the period of the suspension or revocation for a like period not to exceed 12 months. No driving authority will be permitted during the balance of the initial suspension or revocation period and the extended period. Any driving authority previously issued by the Division must be surrendered.

Note: For purposes of 4.8.3, 4.8.4 and 4.8.5 to be considered a subsequent offense, the violations must be under the same subsection and cannot be a combination of violations such as Sections 4172(a) and Section 4172(b). To be considered a second or subsequent offense, the convictions must be within the previous three years.

4.9 Occupational License. In the event of a suspension of a driver’s license, the Division may issue an occupational license during the period of suspension if the applicant stipulates the suspension has created an extreme hardship. However, no such occupational license shall be issued if the applicant has two previous suspensions within the previous 3 years, or if the suspension is for physical and/or mental disability, if the suspension and/or revocation action is based on a fatal motor vehicle accident, or if the license is revoked for convictions of any crimes specified in Section 2732 of Title 21 even though it causes an extreme hardship. Any driver convicted of operating a motor vehicle in violation of the restrictions imposed by the occupational license shall immediately extend the suspension period for an additional like period not to exceed 12 months and shall direct the driver to surrender the driver’s occupational license. No more than one occupational license under this policy shall be issued within any 12-month period.

4.10 Hardship licenses (21 Del.C. §2751) permit the operation of a motor vehicle between the driver’s residence and place of employment and for operating a vehicle on the job as a part of the driver’s employment.

4.11 Conditional and occupational licenses normally permit the operation of a motor vehicle between the driver’s residence and place of employment, for operating a motor vehicle as a part of the driver’s employment duties, to and from school and child/adult care facilities and for medical appointments.

4.12 Drivers suspended under this program are ineligible for an occupational license for one month. If the calculated point level reaches 15 or more points in a 24-month period, an occupational license will not be issued until the calculated points are less than 15 points.

4.13 Calculated Points. For the purposes of this regulation, calculated points are credited at full point value for the first twelve months from the date of the violation. After the initial 12 months have expired, the calculated points will be credited at (1/2) point value for the next 12 months. The Division will only take action based upon convictions accumulated within the 24-month period following the date of the offense.

4.14 Moving Violations. Those violations contained in 21 Del.C. Ch. 27, 41 and 42, excluding those violations that require mandatory suspension or revocation actions. Multiple violations occurring within a 24-hour period shall be considered individual violations for the purposes of this policy regulation.

4.15 Advisory Letter. The Division will send an advisory letter to those drivers who accumulate 8 calculated points or are convicted of speeding 20-24 MPH over the posted limit. The purpose of the advisory letter is to express our concern about the operator’s driving habits and their impact upon highway safety. The letter will inform the driver about the Driver Improvement Problem Driver Program. An advisory letter may be sent for both point accumulations and excessive speed violations.

4.16 Record Review. The goal of the record review is to assess any problems the driver may have and require a course of action. The record review may result in a driver improvement interview/counseling session, medical or vision examination, knowledge and/or skills testing, restricted license, license suspension or the surrender of a license.

4.17 Interviews. The Driver Improvement staff may schedule the driver to attend an interview based upon the record review. The licensee may request an interview with a Driver Improvement Officer or staff member when notified of pending action against the licensee. The following issues are open to discussion:

4.17.1 The driver may request an additional 90 days to complete a mandatory attendance at the “behavior modification/attitudinal driving course” or the driver may request a license suspension in lieu of attending the program. Any further delays in completing the program must be approved by the Driver Improvement Manager or the Chief of Driver Services.

4.17.2 The driver can present evidence that the convictions on the driver’s driving record belong to another driver. If proven, the convictions will be removed.

4.17.3 If the violation on record is under appeal by the court, the driver must submit a copy of the appeal bond and the violation will be removed from the driving record. If applicable, the suspension action resulting from this violation is to be removed from the driving record.

4.17.4 The Driver Improvement staff may require the driver to complete a medical or vision examination, pass a knowledge or skill test or restrict the driver’s driving privileges based upon the results of the interview.

4.18 This policy regulation shall have no effect on the revocation actions, medical qualifications or requirements, or suspension action required by statute unrelated to this policy.

6 DE Reg. 524 (10/1/03)

7 DE Reg. 1017 (2/1/04)

5.0 Severability

6.0 Effective Date

The following regulations shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e).

9 DE Reg. 1988 (06/01/06)

2209 Driver’s License for Armed Forces Personnel (Formerly Reg. No. 51)

2 Del. Admin. Code § 2209 Driver’s License for Armed Forces Personnel (Formerly Reg. No. 51)

2209 Driver’s License for Armed Forces Personnel (Formerly Reg. No. 51)

Whereas, policies were issued in 1951, 1952, 1957, 1970 and 1975 regarding drivers licenses for members of the armed forces and their families; and

Whereas, there has been confusion concerning the existing policy regarding fees, duration and requirements for the issuance of servicemen's licenses; and

Whereas, in lack of a statute pertaining to this matter, a policy issued pursuant to Title 21, Section 302 will clarify the procedures;

The following policy is to be implemented effective immediately

1.0

All former policies, procedures and regulations regarding the issuance of driver licenses for servicemen, servicewomen, members of the armed forces, national guard or similar groups are repealed effective immediately. This includes, but is not limited to, the rulings of the Department dated January 18, 1951; April 21, 1952; February 5, 1957; May 26, 1970; January 30, 1975; and October 15, 1979.

2.0 Residents

2.1 Any person, while serving in the armed services of the United States, who shall have had a valid Delaware driver's license issued to him/her at the time he/she entered the service shall continue to renew such license while in the service.

2.2 The renewal fee shall be the same as renewal fees for other licensed drivers.

2.3 The eye examination and appearance in person for a photo may be waived; if the applicant is out of state at the time of renewal. If the applicant is unable to appear, a "valid without photo" license shall be issued upon payment of the proper fee. The license shall not be issued if the applicant for renewal is not physically able to safely operate a motor vehicle or if the applicant is mentally incapacitated.

2.4 Applicant must furnish, (a) discharge date, (b) military ID number, (c) Delaware residence address, (d) military address, (e) date entered service, (f) signature of superior officer.

3.0 Non - Residents

Any member of the armed forces, while on temporary assignment in the State of Delaware, will not be required to obtain a Delaware driver's license provided they are the holder of a driver's license issued to them in their home state or country, and such license was valid at the time they entered the armed forces, and such license is recognized in their home state, even though it may be expired by the expiration date shown.

2210 Issuance of a Conditional License as the Result of a Suspension Due to a Conviction for Passing a Stopped School Bus. (Formerly Reg. No. 57)

2 Del. Admin. Code § 2210 Issuance of a Conditional License as the Result of a Suspension Due to a Conviction for Passing a Stopped School Bus. (Formerly Reg. No. 57)

2210 Issuance of a Conditional License as the Result of a Suspension Due to a Conviction for Passing a Stopped School Bus. (Formerly Reg. No. 57)

1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302, 21 Del.C. §4177(j) and 29 Del.C. §10115.

2.0 Purpose

This policy regulation establishes administrative procedures regarding the issuance of a conditional license following a suspension action due to a conviction for passing a stopped school bus in violation of 21 Del.C. §4166(d).

3.0 Applicability

This policy regulation interprets the following sections found in 21 Del.C. §4166

4.0 Substance of Policy

4.1 Upon receiving a notice of conviction for a violation of 21 Del.C. §4166(d) the driver's license and/or driving privilege shall be suspended for a period of one (1) month for a first offense.

4.2 Upon receiving a notice of conviction for a second violation of 21 Del.C. §4166(d) within three (3) years of a prior violation, the driver's license and/or driving privilege shall be suspended for a period of six (6) months.

4.3 Upon receiving a notice of conviction for a third or further subsequent violation of 21 Del.C. §4166(d) within three (3) years of a prior violation, the driver's license and/or driving privilege shall be suspended for a period of one (1) year.

4.4 In the event of a suspension of a driver's license pursuant to this policy, the Division may issue a conditional license during the period of suspension if the applicant stipulates the suspension has created an extreme hardship, such as loss of meaningful employment opportunity or loss of school opportunity.

4.4.1 A minimum suspension period of one (1) month must be served without driving authority if the suspension action is processed based on (4.1) above.

4.4.2 A minimum suspension period of three (3) months must be served without driving authority if the suspension action is processed based on (4.2) above.

4.4.3 A minimum suspension period of six (6) months must be served without driving authority if the suspension action is processed based on (4.3) above.

4.5 However no such conditional license shall be issued if the licensee has been issued an occupational license or a conditional license within the preceding twelve (12) months or has previously been issued a total of three (3) occupational or conditional licenses as shown on the licensee's driving record.

4.6 The Department, upon receiving a record of conviction of any person upon a violation of operating a motor vehicle in violation of the condition imposed upon said conditional license during the period of such conditional license, shall immediately extend the period of such suspension for an additional like period and shall forthwith direct such person to surrender said conditional license to the Department.

5.0 Severability

6.0 Effective Date

The following regulation shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. § 10118(e).

9 DE Reg. 1988 (06/01/06)

2211 The Issuance of Restricted Driving Privileges as the Result of a Suspension or Revocation Order Received from Family Court Relative to a Juvenile Being in Violation of 21 Del.C. §4177. (Formerly Reg. No. 63)

2 Del. Admin. Code § 2211 The Issuance of Restricted Driving Privileges as the Result of a Suspension or Revocation Order Received from Family Court Relative to a Juvenile Being in Violation of 21 Del.C. §4177. (Formerly Reg. No. 63)

2211 The Issuance of Restricted Driving Privileges as the Result of a Suspension or Revocation Order Received from Family Court Relative to a Juvenile Being in Violation of 21 Del.C. §4177. (Formerly Reg. No. 63)

1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302, 21 Del.C. §4177, 10 Del.C. §1009(f) and 29 Del.C. §10115.

2.0 Purpose

This policy regulation establishes administrative procedures regarding the issuance of restricted driving privileges following a suspension or revocation order received from Family court relative to a juvenile being in violation of 21 Del.C. §4177.

3.0 Applicability

This policy regulation interprets the following sections found in 21 Del.C. §4177, §4177B, and 10 Del.C. §1009(f).

4.0 Substance of Policy

4.1 Requests for restricted driving authority pertaining to employment must be accompanied by a notarized statement from the employer stating that no authority to drive would result in the loss of a meaningful employment opportunity.

4.2 Requests for restricted driving privileges pertaining to attending school must be accompanied by a notarized statement from an official of the school stating that without the authority to drive a loss of a school opportunity would result.

4.3 Requests for restricted driving privileges for any other urgent need of the individual must be accompanied by a notarized statement from a member of the immediate family stating that no member of the immediate family is capable of satisfying such urgent need.

5.0 Severability

6.0 Effective Date

The following regulation shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. § 10118(e).

9 DE Reg. 1988 (06/01/06)

2212 Issuance of Occupation Driver’s License After Conviction of No Insurance on a Vehicle (Formerly Reg. No. 78

2 Del. Admin. Code § 2212 Issuance of Occupation Driver’s License After Conviction of No Insurance on a Vehicle (Formerly Reg. No. 78

2212 Issuance of Occupation Driver’s License After Conviction of No Insurance on a Vehicle (Formerly Reg. No. 78

1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302, 21 Del.C. §2118, and 29 Del.C. §10115.

2.0 Purpose

This policy regulation establishes administrative procedures used to issue occupational driving authority following conviction of failure to have insurance or failure to display an insurance ID card.

3.0 Applicability

This policy regulation interprets the sections found in 21 Del.C. §2118(a) through (z) in their entirety.

4.0 Substance of Policy

In the event of a suspension of a driver's license pursuant to the provisions of 21 Del. C. Section 2118, the suspended person may be issued an Occupational License during the mandatory period of suspension. The applicant is eligible to apply provided:

4.1 The applicant was not involved in an accident at the time of the incident in which property damage or personal injury occurred

4.2 The applicant has not been issued an occupational license during the immediate past 12 months. (Not to include conditional licenses issued under 21 Del.C. §4177(E), §4177(K), or 16 Del.C. §4764 Drug Diversion.)

4.3 The applicant is not under suspension or revocation of his/her driving privileges for another reason at time of application that would preclude the issuance of driving authority.

4.4 All valid Delaware licenses are turned in to the Division.

4.5 The applicant states on the application that the loss of license would create an extreme hardship which shall be defined as:

4.5.1 Loss of meaningful employment opportunity;

4.5.2 Loss of a school opportunity; or

4.5.3 An urgent need by the applicant or within the family, which is critical to the family's health or welfare, and no other family members are capable of satisfying such urgent need. This includes; medical facilities, child, or adult care facilities.

4.6 An occupational license issued pursuant to this regulation shall reflect limited driving authority to drive for the above state reasons only. The occupational license shall be issued for the duration of the suspension period or the expiration of the license whichever is greater. The applicant may choose to renew the license prior to issuance of the occupational license or may complete the renewal process at a later time.

4.7 In order to apply for an occupational license, applicant must provide the following:

4.7.1 Employment

4.7.1.1 Proof of insurance on all vehicles registered in the name of the applicant and/or spouse, or the name of another, and/or on company-owned vehicles. (See Proof of Insurance).

4.7.1.2 If self employed, a copy of the applicant's business license must be provided and the copy remain on file with the application.

4.7.1.3 If driving vehicles owned by the employer, a statement from the employer stating:

4.7.1.3.1 Applicant is employed with the company.

4.7.1.3.2 Applicant's work days and hours.

4.7.1.3.3 If applicant needs to drive for employment-related duties.

4.7.1.3.4 Applicant will be driving company owned vehicles. (Please identify the vehicles).

4.7.1.3.5 If applicant will be driving a personal or other vehicle in addition to the company vehicle for these duties.

4.7.2 Attending School

4.7.2.1 Documentation on the application stating the name, address, and phone number of the facility.

4.7.2.1.1 Days and hours applicant is scheduled for classes; and

4.7.2.1.2 Loss of school opportunity if applicant is not granted authority to drive.

4.7.2.2 Proof of insurance on all vehicles registered in the name of the applicant and/or spouse, or the name of another, and/or on company-owned vehicles. (See Proof of Insurance)

4.7.3 Child or Adult Care Requests

4.7.3.1 Documentation on the application stating the name, address, and phone number of the facility.

4.7.3.2 Proof of insurance on all vehicles registered in the name of the applicant and/or spouse, or the name of another, and/or on company owned vehicles. (See Proof of Insurance)

4.7.4 Medical Requests

4.7.4.1 A statement on the application that no other means of transportation is available

4.7.4.2 Documentation on the application stating the name, address, and phone number of the physician or medical facility.

4.7.4.3 Proof of insurance on all vehicles registered in the name of the applicant and/or spouse, or the name of another, and/or on company-owned vehicles. (See Proof of Insurance)

4.7.5 Proof of Insurance

4.7.5.1 Privately-Owned Vehicles

4.7.5.1.1 Applicant's vehicles and/or vehicles where applicant's name is on the policy a valid insurance ID card must be shown.

4.7.5.1.2 Vehicle owned by the applicant's spouse and/or other vehicles personally owned by another individual must submit a valid insurance ID card.

4.7.5.2 Employers/Company-Owned Vehicles

4.7.5.2.1 Applicants requiring the privilege to drive their employer's vehicles for occupational purposes must present the employer's insurance ID or fleet ID card for proof of insurance.

4.7.5.2.2 If the business is privately owned and the insurance is issued under the employer's personal policy, the applicant must provide a valid insurance ID card.

4.7.6 Proof of Insurance that is not acceptable

4.7.6.1 Faxed copies of insurance documents unless faxed directly to the Division office

5.0 Severability

6.0 Effective Date

The following regulation shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e).

9 DE Reg. 1988 (06/01/06)

2213 Issuance of Non-Commercial Driver Licenses and Emergency Vehicle Operators Documents

2 Del. Admin. Code § 2213 Issuance of Non-Commercial Driver Licenses and Emergency Vehicle Operators Documents

2213 Issuance of Non-Commercial Driver Licenses and Emergency Vehicle Operators Documents

(Formerly Regulation No. 81)

1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302, 21 Del.C. §2603, 21 Del.C. §2611, and 21 Del.C. §2621.

2.0 Purpose

This regulation confirms and renders official the current practice of issuing a non-commercial driver license (non-CDL) to fire fighters, farmers, and operators of authorized emergency vehicles and producing emergency vehicle operator documents on behalf of the Delaware Fire School.

3.0 Applicability

Commercial driver license (CDL) provisions are waived for those operating fire fighting equipment, farm vehicles, emergency mobile communication units, commercial motor vehicles for military purposes, recreational vehicles or trailers used solely for recreational purposes, and other emergency vehicles in accordance with 21 Del.C. §2621. When operating a commercial motor vehicle as defined by 21 Del.C. §2603(7) under the waiver provisions for farmers, fire fighters, and emergency response vehicle operators in 21 Del.C. §2621(a)(1), (a)(2), (a)(5), and (a)(6) the operators are required to hold a non-CDL Class A or non-CDL Class B in accordance with 21 Del.C. §2611(b)(1).

4.0 Definitions

The following words and terms, when used in this regulation, should have the following meaning unless the context clearly states otherwise:

"Commercial Driver License (CDL)" means a license issued in accordance with the requirements of 21 Del.C. Chapter 26 which authorizes the holder to operate a certain class or classes of a commercial motor vehicle. The classes of a CDL are as follows:

CDL CLASS A - Required for the operation of vehicles with a registered, actual, or gross vehicle weight rating (GVWR) of 26,001 or more pounds, and the vehicle is towing a vehicle with a registered, actual, or GVWR of 10,000 or more pounds.

CDL CLASS B - Required for the operation of vehicles with a registered, actual, or GVWR of 26,001 or more pounds and not towing a vehicle with a GVWR of 10,000 or more pounds.

CDL CLASS C - Required for vehicles with a GVWR less than 26,001 pounds when the vehicle is designed to transport 16 or more passengers, including the driver, or for vehicles required to be placarded for carrying hazardous materials.

"Commercial Motor Vehicle (CMV)" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

"Has a gross combination weight rating (GCWR) of 26,001 pounds or more inclusive of a towed unit(s) with a gross vehicle weight rating (GVWR) of more than 10,000 pounds; or

"Has a gross vehicle weight rating (GVWR) of 26,001 pounds or more; or

"Is designed to transport 16 or more passengers, including the driver; or

"Is of any size and is required to be placarded for the transportation of hazardous materials.

"Non-Commercial Driver License (non-CDL) Class A" means a license issued in accordance with the requirements of 21 Del.C. Chapter 26 which authorizes the holder to operate the same CMVs as the CDL Class A, but only when operating farm, fire fighting, and other authorized emergency vehicles under the commercial driver license waiver defined in 21 Del.C. §2621.

"Non-Commercial Driver License (non-CDL) Class B" means a license issued in accordance with the requirements of 21 Del.C. Chapter 26 which authorizes the holder to operate the same CMVs as the CDL Class B, but only when operating farm, fire fighting, and other authorized emergency vehicles under the commercial driver license waiver defined in 21 Del.C. §2621.

5.0 Substance of Regulation

5.1 Non-CDL Issued to Farmers

5.1.1 Those persons who operate farm vehicles may be issued a non-CDL provided they hold a valid Delaware driver license, are at least 18 years of age, have one year driving experience, pay the appropriate license upgrade fee, and meet the requirements of this regulation.

5.1.2 Those applying for a non-CDL for farming purposes must pass the non-CDL general knowledge test and a road test in a representative farm vehicle. Pre-trip and skills tests are not required. Either a non-CDL Class A or non-CDL Class B will be issued based upon the vehicle classification type used for the road test.

5.1.3 Out-of-state non-CDLs are not transferable into this State as a non-CDL, since the requirements for a non-CDL vary between jurisdictions. An out-of-state non-CDL may be transferred as a Class D operator's license.

5.1.4 Motorcycle and taxicab endorsements may be recorded on a non-CDL, but commercial motor vehicle endorsements (endorsement codes H, N, P, Q, R, S, T, and X) will not be used in conjunction with the non-CDL.

5.1.5 The division may not issue a permanent non-CDL. If the driver holds a permanent Class D license at the time of non-CDL issuance, the driver will be required to surrender the permanent Class D license. A permanent Class D license will not be reissued if the driver's non-CDL is surrendered or downgraded.

5.2 Emergency Vehicle Operator (EVO) Cards

5.2.1 Those persons operating fire fighting equipment, ambulances, and other emergency vehicles as defined by 21 Del.C. §4106(e) in this State must pass a training course conducted by the Delaware Fire School before operating emergency response equipment. When the training is successfully completed, the fire school will issue a Certified Emergency Vehicle Operator Certificate. This certificate must be presented to the Division of Motor Vehicles (DMV) with all required signatures. DMV will then issue an Emergency Vehicle Operator (EVO) card after collecting a $5.00 fee for the EVO card.

5.2.2 DMV personnel must type in the information displayed on the EVO card and take the applicant's picture every time an EVO card is issued.

5.2.3 The DMV does not maintain an EVO database. This means the DMV does not know who was previously issued an EVO card nor does the DMV track who is currently authorized to have an EVO card because the EVO program is managed and controlled by the local fire companies and the Delaware State Fire School. Replacement cards for an old or damaged EVO card will be issued for no fee when the old or damaged card is presented to be exchanged. There is no expiration date for the EVO card.

5.3 Non-CDL issued to Fire fighters

5.3.1 The Delaware Fire School issues a Certified Emergency Vehicle Operator Certificate. This certificate when signed by the chief officer and director of the Delaware State Fire School indicates that the applicant has completed the training needed to safely operate fire fighting equipment. Upon presentation of this certificate to the DMV, the applicant will be issued an EVO card and non-CDL.

5.3.2 Those persons who operate fire fighting equipment may be issued a non-CDL provided they hold a valid Delaware driver license, are at least 18 years of age, have one year of driving experience, and meet the requirements of this regulation. A fee will not be charged for a person upgrading to a non-CDL issued under the fire fighter waiver provision.

5.3.3 The local fire chief is responsible for training and testing those who operate fire fighting equipment. Therefore, the DMV will not test fire fighting equipment operators. A non-CDL Class A or non-CDL Class B license will be issued based upon the fire fighting equipment being driven by the applicant.

5.3.4 Out-of-state non-CDLs are not transferable into this State as a non-CDL since the requirements for the non-CDL vary between jurisdictions. An out-of-state non-CDL may be transferred as a Class D operator's license.

5.3.5 Motorcycle and taxicab endorsements may be recorded on a non-CDL, but commercial motor vehicle endorsements (endorsement codes H, N, P, Q, R, T, X and S) will not be used in conjunction with the non-CDL.

5.3.6 The DMV may not issue a permanent non-CDL. If the driver holds a permanent Class D license at the time of non-CDL issuance, the driver will be required to surrender the permanent license. A permanent Class D license will not be reissued if the driver's non-CDL is surrendered or downgraded.

6.0 Severability

If any part of this regulation is held to be unconstitutional or otherwise contrary to law by a court of competent jurisdiction, said portion shall be severed, and the remaining portions shall remain in full force and effect under Delaware law.

7.0 Effective Date

This regulation shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e).

12 DE Reg. 1114 (02/01/09)

2214 Waiver of Written Examinations for Certain New Residents (Formerly Reg. No. 84)

2 Del. Admin. Code § 2214 Waiver of Written Examinations for Certain New Residents (Formerly Reg. No. 84)

2214 Waiver of Written Examinations for Certain New Residents (Formerly Reg. No. 84)

Whereas, most states require a written examination prior to the issuance of a driver's license to a new applicant; and

Whereas, these written examinations are basically the same in content for rules of the road; and

Whereas, innovative measures must be explored to reduce workloads and continue to provide good customer service; and

Whereas, the new Commercial Driver Licensing (CDL) law will require much of our licensing staff's time to administer lengthy written tests;

The following policy is adopted effective March 1, 1990:

1.0

The written examination shall be waved for new residents moving into Delaware (including military personnel being discharged and remaining in Delaware) provided.

1.1 A valid driver's license from another state is surrendered at the time of application for license; and

1.2 The applicant appears to be physically able to operate a motor vehicle; and

1.3 The applicant is not currently suspended or revoked in any jurisdiction.

2.0

The policy does not apply to a licensed driver from another country.

3.0

The Division reserves the right to administer a written test and/or a road skills test subject to the Examiner's discretion.

2215 Fee for Exchange of Driver License at Age 21(Formerly Reg. No. 87)

2 Del. Admin. Code § 2215 Fee for Exchange of Driver License at Age 21(Formerly Reg. No. 87)

2215 Fee for Exchange of Driver License at Age 21(Formerly Reg. No. 87)

Whereas, the Division of Motor Vehicles now issues all driver licenses for a period of five (5) years; and

Whereas, persons under 21 years of age have noted on their licenses "Under 21"; and

Whereas, some applicants do not obtain their initial license until they reach 17, 18, 19 or 20 years of age (which would make their license expire sometime after their 21st birthday); and

Whereas, it is extremely beneficial to persons in establishments selling alcohol to be able to rely on the words "Under 21" as they appear on the licenses;

The following policy is implemented immediately:

1.0

A person having been issued a Delaware driver's license which states "Under 21" but which does not expire until after the person's 21st birthday, may exchange the license anytime beginning on the 21st birthday for a license not containing the words "Under 21".

2.0

The fee for this exchange of license shall be $2.00 (to cover the expense).

3.0

If a license is being renewed, or the class of license is being changed, or a duplicate is being issued (old license not available for surrender), or new endorsement is being issued, the $2.00 fee stated in (2.0) is not applicable.

2216 Periods of Revocation for Persons Convicted Under 21 Del. C. 4177L (Formerly Reg. No. 89)

2 Del. Admin. Code § 2216 Periods of Revocation for Persons Convicted Under 21 Del. C. 4177L (Formerly Reg. No. 89)

2216 Periods of Revocation for Persons Convicted Under 21 Del. C. 4177L (Formerly Reg. No. 89)

1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §305 and 29 Del.C. §10115

2.0 Purpose

The purpose of this regulation is to set forth general policy guidelines for periods of revocation for a person who is convicted of 21 Del.C. §4177 who drives a motor vehicle in violation of this statute while consuming or after consuming alcoholic liquor in violation of the law and as well as 21 Del.C. §2742(b)(2) and 2742(c)(2). These are general policy guidelines for the DMV hearing officers to impose suspensions.

3.0 Substance of Rule of Policy Regulation

In accordance with 21 Del.C. §4177L dealing with the period of revocation for a licensee who, under the age of 21 years, drives, operates, or has actual physical control of a vehicle, an off highway vehicle, or a moped while consuming or after consuming alcoholic liquor in violation of the law. The following periods shall be guidelines for periods of suspension of the driver's license and/or privilege to drive in the State of Delaware

First Offense

2 months suspension

Second Offense

6 months suspension

Third and Subsequent Offenses

12 months suspension

The same penalties shall be imposed for violation of §2742(b)(2) and 2742(c)(2) of Title 21.

4.0 Effective Date

The following regulations shall be effective 30 days from the date it is signed in accordance with 29 Del.C. §10118.

2217 Driver License and Identification Card Application Procedures for Delaware Compliant and Delaware Non-Compliant Identification Documents

2 Del. Admin. Code § 2217 Driver License and Identification Card Application Procedures for Delaware Compliant and Delaware Non-Compliant Identification Documents

The Department of Homeland Security (DHS) Regulation 6 CFR Part 37, as amended from time to time, establishes minimum standards for the state-issued driver licenses and identification cards that are acceptable for official purposes. The Division of Motor Vehicles hereby deletes its interim Administrative Code 2217 in its entirety and incorporates the policies contained in that regulation into this more comprehensive regulation.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-1.0 Authority.

The authority to promulgate this regulation is 21 Del.C. §§302, 2711 and 3102 and the Department of Homeland Security's final regulation published in 6 CFR Part 37 or its equivalent, as amended from time to time.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-2.0 Purpose.

This administrative rule sets forth regulations and procedures used when issuing Delaware compliant and non-compliant driver licenses and identification cards based on the referenced statutes listed in Section 1.0 of this regulation. The applicant has the option to obtain a Delaware compliant document or Delaware non-compliant document provided the applicant meets the minimum qualifications and standards presented in this administrative code.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-3.0 Definitions.

The following words and terms, when used in the regulation, should have the following meaning unless the context clearly states otherwise:

"Birth Certificate" means the record related to a birth that is permanently stored, either electronically or physically, at the State Office of Vital Statistics or equivalent agency in a registrant's state of birth.

"Certified Copy of a Birth Certificate" means a copy of the whole or part of a birth certificate registered with the state that the state considers being the same as the original birth certificate on file with the State Office of Vital Statistics or equivalent agency in a registrant's state of birth.

"Compliant Driver License" means a driver license that has been issued by Delaware or any other state and has been verified by the Department of Homeland Security to be compliant with 6 CFR 37 or its equivalent as amended from time to time. These compliant documents will be accepted by federal agencies for official purposes and shall bear a DHS-approved security marker that reflects the card's level of compliance.

"Compliant Identification Card" means an identification card that has been issued by Delaware or any other state and has been verified by the Department of Homeland Security to be compliant with 6 CFR 37 or its equivalent as amended from time to time. These compliant documents will be accepted by federal agencies for official purposes and shall bear a DHS-approved security marker that reflects the card's level of compliance.

"DHS" means the United States Department of Homeland Security.

"Domestic Violence and Dating Violence" have the meanings given the terms in Section 3, Universal Definitions and Grant Provisions, of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Pub. L. 109-119 Stat. 2960, 2964, Jan. 5, 2006); codified in Section 40002, Definitions and Grant Provisions, 42 U.S.C. 13925, or state laws addressing domestic and dating violence.

"Full Legal Name" means an individual's first name(s), middle name(s), and last name(s) or surname without the use of initials or nicknames unless otherwise acceptable in Section 5.0 of this regulation.

"Identification Documents" includes both state-issued driver licenses and identification cards.

"Jurisdiction" means a state, territory, province, or country that issues compliant and non-compliant driver licenses and/or identification cards as a means of proving valid driving authority or identification.

"Lawful Status" means a person in lawful status is a citizen or national of the United States or an alien, lawfully admitted for permanent or temporary residence in the United States; has conditional permanent resident status in the United States; has an approved application for asylum in the United States or has entered into the United States in a refugee status; has a valid non-immigrant status in the United States; has an application for asylum in the United States; has an application for temporary protected status (TPS) in the United States; has approved deferred action status; or has an application for lawful permanent residence (LPR) or conditional permanent resident status.

"License" means any license, temporary instruction permit, or temporary license that is Delaware compliant or Delaware non-compliant issued under the laws of this State pertaining to the licensing of individuals to operate motor vehicles.

"Material Change" means any change to the personally identifiable information of an individual as defined in Title 21 and this regulation. Notwithstanding the definition of personally identifiable information below, a change of address of principal residence does not constitute a material change.

"Non-Compliant Driver License" means a driver license that gives the license holder the appropriate driving authority but is not in full compliance with rules established by the Secretary of the Department of Homeland Security. The card must clearly state on the front and in the machine readable zone that the card is not acceptable for official purposes.

"Non-Compliant Identification Card" means an identification document issued by the division that is not in full compliance with rules established by the Secretary of the Department of Homeland Security. The card must clearly state on the front and in the machine readable zone that the card is not acceptable for official purposes.

"Official Purpose" means accessing federal facilities, boarding federally-regulated commercial aircraft, and entering nuclear power plants.

"Passport" means a passport booklet or card issued by the United States Department of State that can be used as a travel document to gain entry into the United States and that denotes identity and citizenship as determined by the United States Department of State.

"Personally Identifiable Information" means any information which can be used to distinguish or trace an individual's identity, such as the individual's name, driver license or identification card number, social security number, biometric record, including a digital photograph or signature, alone or when combined with other personal or identifying information, which is linked or linkable to a specific individual, such as a date and place of birth or address whether it is stored in a database, on a driver license or on an identification card.

"Principal Residence Address" means the location where a person currently resides (i.e. presently resides even if at a temporary address) in conformance with the residency requirements of the state issuing the driver license or identification card, if such requirements exist.

"SAVE" means the Department of Homeland Security's Systematic Alien Verification for Entitlements system or such successor or alternate verification system at the DHS secretary's discretion.

"Sexual Assault and Stalking" have the meanings given the terms in Section 3, Universal Definitions and Grant Provisions, of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, 119 Stat, 2960, 2964, Jan. 5, 2006); codified at Section 40002, Definitions and Grant Provisions, 42 U.S.C. 13925, or state laws addressing sexual assault and stalking.

"Source Document(s)" means original or certified copies (where applicable) of documents presented by an applicant as required under this regulation to the Division of Motor Vehicles to apply for a driver license or identification card.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.

"State Address Confidentiality Program" means any state-authorized or state-administered program that: (1) allows victims of domestic violence, dating violence, sexual assault, stalking, or a severe form of trafficking to keep, obtain, and use alternative addresses; or (2) provides confidential recordkeeping regarding the addresses of such victims or other categories of persons.

"Temporary Lawful Status" means a person in temporary lawful status is a person who has a valid non-immigrant status in the United States; has an pending application for asylum in the United States; has a pending or approved application for temporary protected status (TPS) in the United States; has approved deferred action status; or has an application for LPR or conditional permanent resident status.

"Verify" means procedures to ensure that the source document is genuine and has not been altered (i.e. "document authentication") and the identity data contained on the document is valid ("data verification").

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-4.0 Delaware Driver Licenses and Identification Cards.

4.1 Application document.

4.1.1 Every application for a Delaware compliant and non-compliant driver license or identification card shall be made on an application furnished by the Delaware Department of Transportation. The original application shall be verified by the applicant before a person authorized by the division to administer oaths. Employees who are specifically trained and assigned duties to issue state identification documents are hereby designated as being able to administer oaths under this section. The applicant will certify on the application if he holds a compliant or non-compliant driver license or identification card in this or any other state. By doing so, the applicant acknowledges the surrender and/or cancellation of all compliant or non-compliant identification documents in any other state. The original application will be electronically scanned and stored.

4.2 Delaware Identification Documents.

4.2.1 When Delaware self certifies to the DHS, and the DHS determines that Delaware has met the requirements of 6 CFR 37 or its equivalent as amended from time to time, the division may issue Delaware compliant identification documents, which will be accepted by federal agencies for official purposes.

4.2.2 Unless otherwise specified, identification documents issued in accordance with this regulation shall be considered compliant identification documents and shall be accepted by federal agencies for official purposes.

4.2.2.1 To be considered eligible for a compliant identification document, the division must reverify, scan, and electronically retain all original source documents of current Delaware driver license and identification card holders upon renewal or reissuance of that person's identification documents.

4.2.2.2 Unless otherwise specified, once verified, scanned, and electronically retained, a compliant identification document holder will not be required to again present the division with the original source document except in cases where a material change occurs or when an applicant's lawful status must be verified.

4.2.3 It will be clearly indicated on the face of the identification documents and in the machine readable zone that the license is either a Delaware compliant or non-compliant driver license, temporary driver license, identification card, temporary identification card or limited-term driver license.

4.3 Non-Compliant Driver Licenses and Identification Cards.

4.3.1 Non-compliant driver licenses and identification cards will clearly state on their faces and in the machine readable zones that the card is not acceptable for official purposes.

4.3.2 The division may issue non-compliant identification documents and non- compliant temporary or limited-term identification documents in lieu of Delaware compliant documents to persons who:

4.3.2.1 Are citizens of the United States, aliens with permanent resident status, or aliens with acceptable proof of lawful status in accordance with 2 DE Admin. Code 2220 who want to operate a motor vehicle or have a state-issued identification card, but who do not need or want a Delaware compliant identification document to enter federal facilities, board federally-regulated commercial aircraft, or enter nuclear power plants;

4.3.2.2 Are unable to present an authorized source document and must rely upon alternative documents, when approved by the Driver Services Manager, Chief of Driver Services, Deputy Director or Director, to establish a person's name, date of birth, principle residence address, SSN or use alternative documents to demonstrate U.S. citizenship or lawful presence.

4.3.2.3 Have lawful status in the United States, but:

4.3.2.3.1 Are ineligible for a SSN because of their immigration status;

4.3.2.3.2 Are able to provide a temporary residential address (such as a motel or homeless shelter) but do not have a principal residence address in this State (reference Section 8.0);

4.3.2.3.3 Are able to provide documentation confirming their SSN and/or lawful status, but the division is temporarily unable to electronically verify this data.

4.4 Temporary or Limited-Term Documents.

4.4.1 The division shall issue a temporary or limited-term compliant driver license or identification card, or temporary or limited-term non-compliant driver license or identification card to those persons who have temporary lawful status in the United States in accordance with 2 DE Admin. Code 2220 and 21 Del.C. §§2715(a) and 3103(a). Before issuing or renewing these limited term documents, the applicant must provide valid documentary evidence, verifiable through SAVE or other DHS-approved means, that the person has lawful status in the United States. These documents may not be issued for a time period longer than the expiration of the applicant's authorized stay in the United States, or if there is no expiration date, for a period no longer than one year or no longer than the maximum term of a driver license or identification card, whichever date is less. Temporary or limited term identification documents must clearly indicate on their faces and in the machine readable zone that they are temporary or limited-term driver licenses or identification cards.

4.5 Renewal of Delaware Driver Licenses and Identification Cards.

4.5.1 Delaware compliant and non-compliant driver licenses will be renewed in person every eight years and identification cards will be renewed in person every four years in accordance with 21 Del.C. §§2715 and 3103, unless they are designated as temporary or limited-term documents, or contain a hazardous materials endorsement.

4.5.2 Delaware compliant identification documents must be renewed in person unless otherwise specified in subsections 4.5.4 and 8.2.1 of this regulation.

4.5.3 Holders of temporary or limited-term Delaware compliant or non-compliant driver licenses and identification cards must present evidence of continued lawful status and have their lawful status verified via SAVE or other methods approved by the DHS when renewing their driver licenses or identification cards. The documents must be set to expire when the individual's lawful status expires.

4.5.4 The division may allow a remote renewal but must ensure the Social Security number (SSN) and lawful status is verified before renewing. However, a remote renewal is prohibited when there is a material change in any personally identifiable information. The applicant must have his identification document reissued in person and present a source document that is retained and verified when material changes occur.

4.6 Reissued Driver Licenses and Identification Cards.

4.6.1 Delaware compliant and non-compliant driver licenses will be reissued in accordance with 21 Del.C. §§2720 and 3105.

4.6.2 Delaware compliant and non-compliant identification documents must be reissued in person unless otherwise specified in subsections 4.6.3 and 8.2.1 of this regulation.

4.6.3 The division may allow a remote renewal but must ensure the social security number (SSN) and lawful status is verified before reissuance. However, a remote issuance is prohibited when there is a material change in any personally identifiable information. The applicant must reissue in person and present an original source document that is retained and verified when material changes occur.

4.6.4 All compliant and/or non-compliant identification documents issued in other states will be cancelled at the time of reissue.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-5.0 Personal Identity: Name, Date of Birth and Gender.

5.1 Identity: Full Legal Name, Date of Birth and Gender.

5.1.1 The name and date of birth on the face of the license or identification card must be the same as the name and date of birth on the source document presented by the applicant to establish identity. When the individual has only one name, that name should be entered in the last name or family name field, and the first and middle name fields should be left blank. Place holders such as NFN, NMN, FNU, LNU and NA shall not be used.

5.1.2 If the names, as listed on various source documents (to substantiate the applicant's name, date of birth, gender, SSN and lawful status), are different, the applicant must contact the agency who issued the source document and change the name so that the names on all source documents match.

5.2 Identification Source Documents.

5.2.1 To establish an applicant's full legal name, date of birth, and gender, the applicant must present one or more of the following source documents:

5.2.1.1 Valid, unexpired United States passport;

5.2.1.2 Certified copy of a birth certificate filed with a state Office of Vital Statistics or equivalent agency in the individual's state of birth;

5.2.1.3 Consular Report of Birth Abroad (CRBA) issued by the United States Department of State, Form FS-240, DS-1350 or FS-545;

5.2.1.4 Valid, unexpired Permanent Resident Card (Form I-551) issued by the United States Department of Homeland Security (DHS) or Citizenship and Immigration Services (CIS);

5.2.1.5 Unexpired employment authorization document (EAD) issued by the DHS, Form I-766 or Form I-688B;

5.2.1.6 Unexpired foreign passport with a valid, unexpired United States visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States. Applicants presenting these documents must present a SSN or demonstrate non-work authorization status;

5.2.1.7 Certificate of Naturalization issued by the DHS, Form N-550 or Form N-570;

5.2.1.8 Certificate of Citizenship, Form N-550 or Form N-561, issued by the DHS;

5.2.1.9 Compliant driver license or identification card issued in compliance with the standards established by 6 CFR 37 or its equivalent as amended from time to time;

5.2.1.10 Such other documents as the DHS may designate by notice published in the Federal Register.

5.3 Name change/exceptions.

5.3.1 If an applicant wants to establish a name other than the name that appears on the original source document, the applicant must provide proof of the name change by presenting a valid marriage certificate, divorce decree, adoption papers or court order substantiating the name change.

5.3.2 The driving record alias file contains name changes to enable the division to verify the names the applicant used over time. The division must be notified within 30 days after the name change occurs.

5.3.3 Exceptions: Older applicants may not have birth certificates because they were born in rural areas not under the care of a physician or for other reasons. If an applicant is unable to present any of the documents listed in subsection 5.2 to prove his identity and date of birth, the applicant should contact the Office of Vital Statistics in the state in which he was born to issue a “delayed or alternate” birth certificate in accordance with state procedures.

5.3.4 If the procedures listed in subsection 5.3.3 are not feasible, as a last resort, the division may issue a non-compliant identification document provided the applicant has sufficient proof (school records, employment documents, social security card, and other records) demonstrating he has used this name, date of birth and gender consistently over a long period of time. The driving record will be annotated showing the identification documents were approved as exceptions and copies of the documents will be retained on file. Exceptions to name change procedures must be approved by Driver Services Manager, Chief of Driver Services, Deputy Director or Director.

5.4 Date of Birth Changes. To establish the applicant’s date of birth, an individual must present at least one document included in subsection 5.2 or a court order that establishes a new date of birth.

5.5 Gender/gender changes. The applicant’s personal identity will be verified using one or more of the approved source documents listed in subsection 5.2. To change a person’s gender, the applicant must complete the Request for Gender Change form detailing the applicant’s request to have the gender designation on his/her driver license or identification card changed. The form requires the applicant’s medical or social service provider to certify that, in his/her professional opinion, what the applicant’s true gender identity is. The medical or social service provider’s practice must treat patients, including the applicant, seeking gender identity changes.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-6.0 Lawful Status.

6.1 All driver license and identification card applicants must establish legal presence in the United States to be eligible for a Delaware compliant or Delaware non-compliant identification document. Proof of an applicant's lawful status will be determined in accordance with 2 DE Admin. Code 2220, 21 Del.C. §§2715(a) and 3103(a). Any document not listed in 2 DE Admin. Code 2220 that is presented as proof of lawful status must be approved by the DHS as satisfactory evidence of lawful status. Lawful status must be verified through SAVE.

6.2 Exceptions.

6.2.1 Alternate documents to demonstrate lawful status will only be allowed to demonstrate U.S. citizenship. For example, a document issued by a state Office of Vital Statistics that substantiates the person was born in that state and establishes the individual's name and date of birth in lieu of the original birth certificate.

6.2.2 Persons born overseas to parents who were U.S. citizens and one was a member of the U.S. military, but who are unable to provide a Consular Report of Birth Abroad, Certificate of Naturalization or Certificate of Citizenship may present military and hospital records substantiating these facts after they exhausted their attempts to obtain the aforementioned documents. They may be issued a Delaware non-compliant card upon approval from the Director or Chief of Driver Services. The driving record will be annotated to show they submitted lawful status documents under the exception provision and the documents will be retained on file.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-7.0 Social Security Number (SSN).

7.1 Every applicant must present a valid social security source document. The SSN will be electronically verified using the Social Security On-Line Verification (SSOLV) system, and the source document will be electronically stored.

7.2 SSN Exception:

7.2.1 Those applicants whose immigration status places them in a non-working status are ineligible for a SSN. Therefore, those applicants who enter the United States with the source document listed in subsection 5.2 may present a letter from the Social Security Administration (SSA) verifying that their non-working immigration status prevents them from being issued a SSN. They are ineligible for a compliant identification card and may be issued a non-compliant identification document that expires with their immigration status expiration date until such time as they have a valid SSN. In every case, the applicant should either return home or his immigration status must be changed allowing him to work by the time he comes back to the DMV for renewal. Therefore, the immigrant must provide a verifiable SSN or an approval letter from the SSA verifying that his non-working immigration status prevents him from obtaining a SSN and new immigration documents at the time of renewal.

7.3 SSN Disclosure Statement:

7.3.1 Disclosure of the applicant's SSN is mandatory. Federal and state laws authorize such disclosure (see Public Law 109-13, and 21 Del.C. §§2718(a) and 3104(a)). The division will use SSNs solely for the administration of the driver license and identification card program to ensure accurate identification. SSNs will not be released to businesses or private individuals but may be released to state agencies to carry out their governmental functions. If you obtained an identification document without a SSN and have subsequently obtained a SSN, it is your responsibility to notify the Division of Motor Vehicles within 30 days.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-8.0 Principal Residence Address.

8.1 The division and Delaware State Police must be able to contact every identification document holder at the physical location where he lives in this State. Therefore, every applicant must provide two documents that show the individual's name and principal Delaware residence using such documents as utility bills, auto or life insurance policies, W-2 or filed tax forms, voter registration card, bank account records, credit card statements, employment records, signed contract to purchase home in this State, rental agreement or any other document specifically approved by the Chief of Driver Services or Director. These source documents will be electronically stored and when possible, verified. The applicant should notify the division within 30 days after he changes his address. No proof is needed to change a person's address, and it can be accomplished by mail. A Delaware compliant driver license or identification card will not be issued to an applicant unless the applicant has established a principal residence address in this State at the time of application.

8.2 Principal Address Exceptions.

8.2.1 Military members.

8.2.1.1 Members of the U.S. military and their dependents that were issued a Delaware driver license or identification card may renew and retain these identification documents when transferred by the military to another state or country until such time as their active military service is terminated. They cannot upgrade to a Delaware compliant document unless they appear in person and meet all other requirements. Upon renewal the division will only issue non-compliant identification documents to members of the military and their dependents living in another state unless they currently hold a Delaware compliant driver license or identification card issued by Delaware.

8.2.1.2 The eye examination is waived and the digital photograph on file will be used when the military member is unable to renew in person provided the photograph was taken within the last 16 years. Upon renewal the military member must provide the division with a valid, unexpired military ID showing his active duty status, his principal residence address, and mailing address in the out-of-state location. At times the dependent's address will be different than the military member's.

8.2.1.3 Military members and their dependents that are transferred into this State have the option of applying for a Delaware identification document or retaining their out-of-state driver license or identification card while serving in the military in this State.

8.2.2 Homeless - Temporary Lodging.

8.2.2.1 After meeting all other requirements, persons living in temporary lodging such as a homeless shelter or motel may be issued a non-compliant identification document provided they substantiate: (1) they are living in temporary quarters in this State pending their subsequent move into a designated principal residence address; and (2) the agency offering temporary lodging certifies they are allowed residency for 30 or more days, and they may receive mail at this address.

8.2.3 Those Living on Boats or in Recreational Vehicles.

8.2.3.1 Those applicants whose principal residence address is on a personally-owned boat and who do not have another residency in this or any other state must provide proof that the boat is registered in their name in this State; have a 12-month or longer boat slip contract with a Delaware company; and provide a valid mailing address.

8.2.3.2 Those persons whose principal residence address is in a recreational vehicle on land in this State and who do not have a residency in this or any other state must provide proof that they have a 12-month or longer contract with a recognized Delaware RV campground or trailer court, or reside at the Dover Air Force Base RV campground, and have a valid mailing address.

8.2.3.3 Those living on a boat or in a recreational vehicle will be issued a non-compliant identification document because the nature of their residency suggests frequent travel away from the place where they live and the State cannot be assured they can be easily contacted when away from their designated boat slip or campground.

8.2.4 Mailing Address.

8.2.4.1 If mail cannot be delivered to the applicant's principal residence address or if he is living in temporary quarters without mail service, he must provide the division with a mailing address. Those under the confidential address program must submit a mailing address.

8.3 Confidentiality program.

8.3.1 Law Enforcement Confidential Program.

8.3.1.1 States are not required to comply with compliant requirements when issuing compliant driver licenses or identification cards in support of federal, state, or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons in support of their official duties. The Delaware State Police and DOT IT Support Section will manage the confidential licenses and identification cards for all law enforcement and criminal justice agencies. The program will follow the guidelines established under the memorandum of understanding between the Delaware State Police, Department of Transportation and Division of Motor Vehicles.

8.3.2 Victims of domestic violence, dating violence, sexual assault, stalking, or other forms of abuse may use an alternative address under the State's Victims of Abuse Address Confidentiality Program. The Victims of Abuse Address Confidentiality Program will follow the guidelines established under the memorandum of agreement between Delaware's Department of Justice, Department of Transportation and Division of Motor Vehicles.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-9.0 Verification Requirements and Other Restrictions/Limitations.

9.1 Verification of Source Documents.

9.1.1 The division will verify the source documents used to determine an applicant's name, date of birth, SSN, principal residence address, lawful status, gender or any material changes to this data with the issuer of the source document whenever. An electronic validation of the document and identity data will occur as systems become available or by alternative methods approved by the DHS. All source documents and identification document applications will be scanned and electronically retained by the division.

9.1.2 A SSN check (SSOLV) and lawful status verification check (SAVE) will be conducted upon initial issue and/or renewal when a material change occurs, and whenever a new identification document is produced. If an applicant has previously proven/established United States citizenship, a SAVE check may not be required.

9.1.3 The division may not remotely reissue a Delaware compliant driver license or identification card where there has been a material change in any personally identifiable information since prior issuance. All material changes must be established by an applicant applying in person at a division facility and presentation of an original source document that is verified before the material change is accepted.

9.1.4 A Delaware compliant or non-compliant identification document may be issued remotely as long as the SSN and lawful status is verified.

9.1.5 The division will electronically verify information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so.

9.2 Electronic Verification Details.

9.2.1 Systematic Alien Verification for Entitlements (SAVE). Any documents listed in subsection 5.2 and issued by the DHS, including the I-94, will be verified through the SAVE system or alternate method approved by the DHS. If two DHS-issued documents are shown, only one must be verified. In the event of a non-match, the division must not issue a Delaware compliant or non-compliant identification document to an applicant and must refer the individual to the U.S. Citizenship and Immigration Services for resolution. The division will not issue a compliant or non-compliant identification document unless the applicant has lawful status in the United States.

9.2.2 Social Security On-Line Verification (SSOLV). The division will verify SSNs with the Social Security Administration (SSA) using SSOLV or through another method approved by the DHS. In the event of a non-match with the SSA, the division will use existing procedures to resolve non-matches. If unable to resolve non-matches, the division will deny issuance to those applying for their first Delaware identification document. A Delaware compliant or non-compliant identification document will not be issued until the mismatch condition is resolved. However, upon renewal of a Delaware-issued identification document, the document holder may be issued one 60-day temporary non-compliant identification document to give him time to resolve the mismatch condition with the SSA. The division may establish procedures and exceptions through memorandums.

9.2.3 Commercial Driver License Information Systems (CDLIS). Mandated by the Commercial Motor Vehicle Safety Act (CMVSA) of 1986, the division will verify all driver license transactions through CDLIS to ensure the applicant does not hold a commercial motor vehicle compliant or non-compliant identification document in another jurisdiction. If a match is found in another jurisdiction, the applicant must surrender his existing identification document from the other jurisdiction to obtain a Delaware compliant or non-compliant identification document. During the renewal process, if a match is found with a status of "not eligible", the applicant must downgrade his Delaware commercial compliant or non-compliant identification document to a Class D and be issued a 60-day temporary non-compliant identification document until the status becomes "eligible". At that time the applicant may be reissued his Delaware commercial compliant or non-compliant identification document.

9.2.4 Problem Driver Pointer System (PDPS). In conjunction with the National Driver Registry (NDR), the division will verify all driver license transactions through PDPS to ensure the applicant's eligibility to obtain valid driving authority and carry a compliant or non-compliant identification document. If a match is found from another jurisdiction with a status of "not eligible" during an initial or transfer transaction, the applicant is denied a Delaware compliant or non-compliant identification document until the jurisdiction reports a status of "eligible". During an identification document change, duplicate or renewal process, if a "not eligible" status is found, the applicant is issued a 60-day temporary non-compliant identification document until the status becomes "eligible". At that time the applicant may be reissued his Delaware compliant or non-compliant identification document.

9.2.5 State Pointer Exchange System (SPEXS). In conjunction with the State-to-State (S2S) program, the division will verify all driver license and identification card transactions through SPEXS to ensure the applicant's eligibility to obtain valid driving authority and carry a compliant or non-compliant identification document. If a pointer record (driver license and/or identification card) match is found from another state, the applicant shall have a choice to continue with the Delaware transaction, thereby surrendering and cancelling the driver license and/or identification card in any other state(s), or declining to continue with the Delaware transaction.

9.2.6 Electronic Verification of Vital Events (EVVE). Birth certificates must be verified by using the EVVE system or other electronic systems whenever the system or records become available. If the document does not appear authentic upon inspection or the data does not match, a Delaware compliant or non-compliant identification document will not be issued until the information is verified. The applicant must return to the issuing agency for resolution.

9.2.7 Department of State Documents. Documents issued by the Department of State will be verified with the Department of State or through methods approved by the DHS when or if the verification system becomes available.

9.2.8 Compliant Documents. Compliant identification documents will be verified with the state of issuance when or if the verification system becomes available.

9.3 Non-Match Verification Results and System Failure Procedures.

9.3.1 Initial Issue and Transfer. The division will deny the initial issuance of a Delaware compliant or non-compliant identification document whenever a verification check (SSOLV, SAVE or EVVS) results in a non-match condition.

9.3.2 Renewal - Missing Source Document. A Delaware resident holding a valid driver license or identification card who is unable to present the required source documents at the time of renewal may be issued a Delaware non-compliant identification document until they can provide the required source documents and meet all other requirements for a Delaware compliant identification document. There is no additional fee for changing a non-compliant identification document to a compliant identification document.

9.3.3 Renewal - Mismatch Condition. Should a mismatch condition occur for those applicants renewing a Delaware-issued identification document, they may be issued a 60-day temporary non-compliant identification document to give them time to resolve the problem with the issuing agency.

9.4 Renewal and Verification System Failure.

9.4.1 If an electronic verification system fails when an applicant is renewing his Delaware-issued identification document, the following may occur depending on which verification system failed:

9.4.1.1 The applicant may be denied issuance;

9.4.1.2 The applicant may be issued a 60-day temporary non-compliant identification document;

9.4.1.3 The applicant may be permitted to renew his identification document when the SAVE verification fails if all other systems have passed. However, the SAVE verification must be immediately performed when the system comes back online. The applicant's immigration documents must show an expiration date that can be used on the renewal for a Delaware non-compliant identification document. The comment section of the driving record must be annotated to reflect what transpired.

9.4.1.4 Delaware compliant identification documents require full verification of all systems for initial issuance.

9.4.2 If a verification system fails when the applicant is applying for his initial Delaware identification document, the application will be denied until the verification check is completed.

9.4.3 Regardless of the above procedures, no identification documents will be issued if there is reason to believe the applicant is attempting to commit fraud by presenting altered or fraudulent source documents or by finding non-matching or inconsistent data on various electronic databases, or by other factors that would lead a reasonable person to conclude the applicant is attempting to commit fraud. In such instances, an electronic record will be established, a digital photograph will be captured, the record will be annotated as denied, and fraudulent or altered documents will be confiscated. A division investigator or a law enforcement officer will be asked to investigate to determine future action.

9.5 Prohibition Against Holding More Than One Compliant ID Card or More Than One Driver License.

9.5.1 The division will ensure the applicant does not have more than one valid compliant or non-compliant driver license issued in this or any other state, thereby supporting the one driver license, one driving record concept as expressed in the Driver License Agreement.

9.5.2 An individual may hold only one compliant identification document. Nothing shall preclude an individual from holding a compliant driver license and a non-compliant identification card or vice versa. If a person holds a compliant identification document in another state, he will not be issued a Delaware compliant identification document in this State until the individual or division has terminated the compliant identification document issued by another state.

9.5.3 Problem Driver Pointer System (PDPS), Commercial Driver License Information System (CDLIS), National Law Enforcement Telecommunication System (NLETS) and other national systems may be used to electronically verify, within the limits of each network, whether or not an applicant has a valid compliant identification document issued by another state.

9.5.4 Motor Vehicle System software performs name and social security cross checks to identify persons who are mistakenly assigned multiple driving or identification card records on the division's files. Multiple records will be combined into one record when discovered.

9.5.5 An applicant's identity will be verified each time a Delaware compliant or non-compliant identification document is renewed or reissued to ensure that the individual receiving a Delaware identification document is the same individual to whom the document was originally issued.

9.5.6 An applicant must be denied a Delaware-issued compliant identification document until the compliant document issued by another state is terminated or soon to be terminated. If the applicant must terminate a compliant identification document issued by another state, then the division, as allowed under the Driver License Compact, may act on behalf of the applicant and inform that state that Delaware has issued a Delaware compliant identification document in this State and request the other state cancel the one issued by its agency. A Delaware compliant identification document will be issued pending the termination of the out-of-state document.

9.6 Other Restrictions/Limitations.

9.6.1 If the division discovers a person holds a compliant or non-compliant identification document in multiple or different names issued by this or any other state, the division may deny issuance of an identification document, investigate the matter and suspend the applicant pursuant to Title 21, Section 2733(a)(5).

9.6.2 An applicant cannot obtain his initial Delaware driver license or transfer a license from another state if his driver license is suspended or revoked in any state for a violation that would result in a suspension or revocation in this State. Renewal exception: Those applicants renewing a valid Delaware-issued driver license may be issued a 60-day, non-compliant temporary driver license to give them an opportunity to resolve the out-of-state suspension or revocation. Once the out-of-state suspension or revocation is cleared, the applicant may be issued a valid Class D license. If a driver holds a CDL, he must downgrade to a Class D license before being issued a temporary license.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-10.0 Other Mandatory Data Collection and Source Documents Retention.

10.1 Digital photograph images.

10.1.1 An identification document shall not be valid unless it contains the applicant's full facial image and signature. The mandatory facial image must be captured and retained even if no identification document is issued. The applicant for an initial Delaware compliant identification document must appear in person to update his full facial digital image. Upon approval by the Director of the Division of Motor Vehicles, at the Director's discretion, the requirements for this appearance may be waived for those with an existing Delaware-issued compliant or non-compliant identification document whose full facial digital image and electronic signature is on file when circumstances prevent the applicant from appearing on or near the time of renewal or reissue provided the full facial digital image printed on the license was taken within the previous 16 years.

10.1.2 The digital photograph must be full faced and provide an unobstructed view of the person's facial features. This enables the photograph on the license to be used as a means of proper identification for motor vehicle, emergency and public safety purposes. For more specific details consult current Division photograph image procedures. Digital imaging driver license facial recognition one-to-many technology compares each digital photograph taken against all other digital photographs on file to ensure the driver license or identification card applicant does not have multiple identification documents in different or same names on file in this State. One-to-many facial comparisons will be conducted on all initial issuance and transfers of compliant and non-compliant identification documents. This same technology completes a one-to-one verification check by comparing the latest digital photograph taken against all other photographs on an applicant's current record. One-to-one facial comparisons will be conducted on all compliant and non-compliant identification document renewals. This is designed to prevent a digital photograph from appearing on another person's identification document. Whenever the facial recognition technology pinpoints potential duplication, fraud or mistaken assignment of a photo, the applicant will not be issued an identification document until the discrepancy is resolved.

10.1.3 A new digital photo image will be made every time a person appears in person to renew his identification document, have his identification document reissued, materially changed, or have his address changed on his identification document.

10.1.4 If the division issues an identification document without a photo image or one that does not meet division standards, the customer will be notified in writing that he must return to a division facility within seven days to replace the deficient document. If he fails to comply, his identification document status will be changed to "denied", and the driver will be notified of the change. Identification document holders will be denied renewal or reissued documents until the photo image meets division standards.

10.2 Signature.

10.2.1 Every holder of an identification document shall sign an application under the penalty of perjury that the information on the application is true and correct. The applicant will use his normal signature. The identification document shall not be valid until signed by the applicant. By signing the application he acknowledges the following and any other information that may be included on the application in the future:

10.2.2 He is a bona fide resident of Delaware;

10.2.3 Consent to chemical tests of his breath, blood or urine to determine the amount of alcohol or drugs in his blood;

10.2.4 That convicted sex offenders must register with the Delaware State Police within seven days after coming into this State (Megan's Law);

10.2.5 That the division will send personal information pertaining to male applicants under the age of 26 years to the Selective Service for the purpose of registration in the Selective Service System as required by federal and state laws;

10.2.6 That he is physically and mentally able to safely operate a motor vehicle;

10.2.7 That he must report if he holds a license in another state or if his driving privileges are suspended or revoked in any state.

10.3 Retaining Source Documents.

10.3.1 The source documents submitted by the applicant to the division are used to determine the person's name, date of birth, gender, SSN (if eligible), address of principal residence, unless enrolled in a state address confidentiality program, and lawful status and shall be retained by the division in either paper or electronic format. The identification document application signed by the applicant will also be retained.

10.4 Miscellaneous.

10.4.1 For identification purposes, the division will also collect the applicant's height, weight, and eye color based upon verbal information provided by the applicant.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-11.0 Source Document Retention Period.

11.1 At a minimum the division will retain the following documents including copies of the application, declarations, source documents and documents used to establish all names recorded by the division. The division will protect any personally identifiable information collected. The division may retain these documents for a longer time period then the period specified in the following:

11.2 The full facial image/photograph will be retained by the Department of Transportation for at least five years if no identification document is issued and at least two years beyond the expiration date of the identification document;

11.3 All paper copies of source documents must be retained for a minimum of seven years;

11.4 Microfiche documents must be retained for a minimum of ten years;

11.5 Digital images of source documents must be retained for a minimum of ten years;

11.6 Digital, microfiche and paper identification document applications and declarations will be retained for a minimum of ten years;

11.7 All photograph images must be stored and be retrievable by the division if properly requested by statute or regulation;

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-12.0 Division Databases.

12.1 The Division must maintain a motor vehicle database that contains, at a minimum:

12.1.1 All data fields printed on identification documents issued by this State, individual serial numbers of the documents and SSNs;

12.1.2 A record of the full legal name and recorded name, as applicable, without truncation;

12.1.3 All additional data fields included in the machine readable zone (MRZ) but not printed on the identification document; and

12.1.4 Motor vehicle driver's histories, including motor vehicle violations, revocations, disqualifications, suspensions, and points on driver's licenses.

12.1.5 The Division must protect the security of personally identifiable information as prescribed in State law and information technology policies and procedures.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-13.0 Severability.

If any part of this rule is held to be unconstitutional or otherwise contrary to law by the court of competent jurisdiction, said portions shall be severed and the remaining portions of this rule shall remain in full force and effect under Delaware law.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2 Del. Admin. Code § 2217-14.0 Effective Date.

The following regulation shall be effective ten days from the date the order is signed, and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e). Delaware compliant identification documents will become available once Delaware self certifies to the DHS and the DHS determines Delaware has met the requirements of 6 CFR 37 or its equivalent as amended from time to time, the division may issue Delaware compliant identification documents, which will be accepted by federal agencies for official purposes.

History

20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
20 DE Reg. 830 (04/01/17)
15 DE Reg. 687 (11/01/11)
13 DE Reg. 1226 (03/01/10)
15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (04/01/17)

2218 Commercial Driver Training Schools (CDTS)

2 Del. Admin. Code § 2218 Commercial Driver Training Schools (CDTS)

2218 Commercial Driver Training Schools (CDTS)

Preface

Chapter 83 of the Delaware Motor Vehicle Laws provide for the licensing and regulation of commercial driver training schools and instructors.

Pursuant to the authority contained in this law, the Secretary of the Department of Public Safety hereby adopted and promulgated the following rules and regulations concerning the administration and enforcement of that Chapter.

These rules and regulations establish minimum standards for the operation of commercial driver training schools and will be used by the Division of Motor Vehicles in administering the Chapter.

The Director of Motor Vehicles is anxious to assist commercial driver training schools to meet the requirements of this law. Inquires and request for information should be directed to the Manager or Assistant Manager of Driver Improvement, Division of Motor Vehicles, P.O. Box 698, Dover, Delaware 19901. (Telephone: (302) 739-5694 or 739-3305).

Commercial Driver Training Schools (CDTS)

1.0 CDTS Applications

No school shall be established nor any existing school shall continue unless it is licensed by the Director of the Division of Motor Vehicles. Applications for license shall be made on forms furnished by the Division of Motor Vehicles.

1.1 Applications shall include:

1.1.1 The name and address of the school, together with the name and address of the owner(s) of privately owned schools, or the name and address of the officers of an incorporated school;

1.1.2 Description of the course of instruction which will be offered:

1.1.2.1 Number of hours of classroom work;

1.1.2.2 Number of hours of behind-the-wheel instruction;

1.1.3 The place or places where such instruction shall be given;

1.1.4 Samples of all contracts to be used by the school;

1.1.5 Schedule of all fees and charges to be assessed students;

1.1.6 Evidence of financial responsibility as required by Section 7.2 of these regulations.

1.2 If an application is made by an individual, it must be signed and sworn to by such individual. In the case of a corporation or association, the application must be signed and sworn to by an officer thereof, and a list of all of the stockholders with their names and addresses submitted. In the case of a partnership, the application must be signed and sworn to by all partners. In all cases the signature of each officer or partner must be affixed where required on the application.

1.3 Each applicant, officer, partner or manager thereof, must submit fingerprint impressions on a form acceptable to the Director (standard fingerprint Form FD-258) before receiving approval of an original application. The Director may, in his discretion, require applicants for a renewal of a license to submit a fingerprint record, if they have not already done so.

1.4 The application must be fully completed including the names and addresses of all persons who desire to give instructions and, if the application, officer, partner or manager has ever used or has ever known by another name, such name or names must be listed on the application.

1.5 On an original application, a certified copy of certificate of assumed business name must be submitted in the event that the business name must be conducted under an assumed name. On a renewal application, such certificate must be submitted only in the event that the business is to be conducted under an assumed name different than the name under which the business was previously conducted.

1.6 Application shall be filed at the Division of Motor Vehicles, Office of the Director, P.O. Box 698, Dover, Delaware 19901, Attention: Commercial Driver Training Licensing Section.

1.7 Fees

1.7.1 Each original application for a license to conduct a commercial driver training school must be accompanied by an application fee of one hundred fifteen dollars ($115.00) and an investigator fee of fifty dollars ($50.00) to defray the cost of clerical work, investigations and like activities to the enforcement of the Rules and Regulations Governing the Licensing of Commercial Driver Training Schools and Instructors.

1.7.2 No license fee shall be refunded in the event that the license is rejected, suspended or revoked.

1.7.3 The fee for a renewal of a license shall be one hundred fifteen dollars ($115.00) and must accompany the renewal application.

1.7.4 License fees shall be paid by money order, personal check or certified check payable to the Delaware Division of Motor Vehicles and attached to the application form.

2.0 CDTS Licenses

2.1 All licenses issued under the provisions of Chapter 83 shall expire on the last day of December in the year following their issuance and may be renewed upon application to the Director as prescribed by his/her regulations.

2.2 Every school must display in a prominent place in its office, the license issued to it a list of its instructors, and a list of fees for all services offered by the school.

2.3 No such license shall be issued unless every applicant, officer, partner or manager has furnished satisfactory evidence of good character, reputation, fitness and ability to comply satisfactorily with the regulations affecting driver training schools.

2.4 No license will be issued until at least one instructor has secured an instructor's license.

2.5 Licenses are not transferable.

2.5.1 In the event of any change of ownership or interest in a business licensed as a sole proprietorship or partnership which enlarges or brings new persons into the business, a new application for a license must be filed immediately. Such application shall be considered as an application for renewal so long as one or more of the original licensees remains a part owner of the business.

2.5.2 In the event of a change through a death or dissolution of a partnership and there is no replacement made, the remaining partner or partners may, upon notifying the Director of the Division of Motor Vehicles, continue in business under the current license. If a new partner or partners are subsequently added, the provisions of paragraph (1) immediately preceding shall apply.

2.5.3 The Director must be notified within 14 days in the event that arrangements are made for the disposal of the business, and the Director in a proper case may permit continuance of the business by the current licensee, pending processing of the application made by the person or persons to whom the business is to be transferred.

2.6 If the license is lost or destroyed, a duplicate will be issued by the Director upon proof of the facts and payment of the fee of five dollars ($5.00). Such proof shall consist of a notarized affidavit indicating:

2.6.1 Date the license was lost or destroyed.

2.6.2 The circumstances involving the loss or destruction.

2.7 In case of mutilation of a license, a duplicate will be issued by the Director upon surrender of such mutilated license and the payment of a fee of five dollars ($5.00).

2.8 In order to ensure continuity of licenses, a renewal application must be submitted not more than 60 days, but a least 30 days prior to the date of expiration of this license being renewed. Failure to file a renewal application within the period specified herein may result in a delay in the issuance of the renewal license, and a period of time in which the applicant would be unlicensed. No renewal application will be accepted after the expiration date of the expiring license.

2.9 A license may be surrendered for cancellation by mailing it to the office of the Division of Motor Vehicles, P.O. Box 698, Dover, Delaware 19901, Attention: Commercial Driver Training School Licensing Section. In all such cases the licensee is required to state in writing the reason for such surrender.

3.0 Location of School

3.1 Every school shall maintain a place of business open to the public in a permanent type building containing adequate office and classroom facilities as required by Section 3.5 of these regulations.

3.2 Schools may not be located within or adjacent to a building in which applications for driver licenses are received by the Division.

3.3 Soliciting business on property occupied by or adjacent to the Driver License Examiners is prohibited.

3.4 No license shall be issued for conducting a drivers' school where the place of business is conducted from a house trailer, tent, temporary stand, temporary address, a residence room or residence rooms in a hotel, a bar or grill, billiard hall, gasoline station, garage, through the exclusive facilities of a telephone answering service, or from any other location which in the discretion of the Director is not considered to be a suitable facility for the conducting of a drivers' school. A telephone answering service can only be used as an adjunct to regularly licensed premises.

3.5 No original application nor application for change of location will be approved unless the place of business has adequate office space. If classroom facilities are combined with office space, such total space must be at least 200 square feet. The premises must be located in a well lighted, easily accessible permanent structure and maintained in a neat, business-like manner with adequate seating space and furniture provided for the use of the students patronizing the school.

3.6 No commercial drivers' school may change its location without giving written notice to the Division of Motor Vehicles and in turn receiving written permission from the Director. If through no fault of his/her own, the licensee is forced to leave his/her place of business, he/she shall have three (3) months to relocate at another fixed location and during this interim period he/she may locate temporarily in quarters which will serve as a place of business contingent upon departmental inspection of facility and approval of the Director even though such temporary place of business may not conform to the requirements of these Regulations. The Department will have 14 days to inspect the temporary location.

4.0 Changes in Officers and Addresses

4.1 The Division of Motor Vehicles must be notified in writing within ten (10) days if there is a change in the residence address of any individual owner, partner, officer or employee of any drivers' school.

4.2 The Division of Motor Vehicles must be notified in writing within ten (10) days of any change in the officers, directors or stockholders of any corporation holding a license. In such case each new officer, director or stockholder must supply the same information as would be required on an original application by the corporation.

5.0 Branch Offices

5.1 Any school desiring to open a branch office shall make application for such branch on forms furnished by the Division, in the same manner and to the same extent as for an original license.

5.2 A Commercial Driver Training School desiring to open branch offices, using the same trade name, may do so by filing an application for permission to operate a branch office. Application for a branch office license must be accompanied by a ten dollar ($10.00) fee and a twenty-five dollar ($25.00) investigator fee. If the application is approved, the Director will issue a branch office license.

5.3 The branch office must display in a prominent place in its office the license issued to it, a list of its instructors, and a list of fees for all services offered by the school or branch.

5.4 A Commercial Driver Training School desiring to open branch offices using a name other than the parent name will be considered as a new business and will be subject to fees and regulations as set forth in Section II of these regulations.

5.5 All licenses issued to operate a branch office shall expire on the last day in the year following their issuance (December 31).

5.6 The fee for a renewal of a branch office license shall be ten dollars ($10.00) and must accompany the renewal application.

5.7 License fees shall be paid by money order or certified check payable to the Delaware Division of Motor Vehicles and attached to the application form.

6.0 Required Records and Contracts

6.1 Every Commercial Driver Training School licensed in the State of Delaware shall file with the Division of Motor Vehicles, as condition of its continued transaction of such business in this State, an accident form approved by the Director whenever a student and instructor have been involved in an accident. This form must provide the Director of Motor Vehicles with all of the pertinent data concerning said accident. The Division of Motor Vehicles upon showing sufficient evidence that the required accident form (s) has not been provided or maintained shall immediately suspend or revoke the commercial driver training school license and instructor's license (s) of such school in violation of this section.

6.2 Every Commercial Driver Training School shall maintain the following records and shall keep them current by posting each transaction by the close of the business day following the date of transaction.

6.2.1 A permanently bound book, with pages consecutively numbered, setting forth the name and address of each student and the date and number of each student and the date and number of each contract entered into by the school. Entries are to be maintained in sequence by contract number.

6.2.2 A folder file, to be known as the Student Record File, consisting of a student record card for each student and a duplicate copy of each contract entered into by that student. The student record card must contain the complete name, address and telephone number, if any, of such student, the number of each contract entered into by him, the description of services rendered with date and time thereof, the name of the instructor performing such services, identification of the vehicle in which any road lesson or road test is given, and the number of each receipt given to the student. This file must be maintained in alphabetical order. The file may be maintained in two parts, active and inactive. The Student Record Card may not be removed from this file except for posting transactions.

6.2.3 A permanently bound book, with pages consecutively numbered, to- be known as the Cash Book, to record receipts and disbursements: The date of receipt, name of the student from whom received, receipt number and amount received must be entered therein; and the date of disbursement, name of payee, description of each disbursement, and the amount of payment must be entered therein. All invoices and receipts relating to such disbursement must be retained by the licensee in support of such entries for a period of at least three (3) years.

6.2.4 A receipt is to be issued each time monies are paid to the school for instruction, training, materials, or for any service for which it is licensed and may make a charge. Such receipts must show the name and address of the school, the receipt number, the name of the student making the payment, the date of payment, amount paid, service rendered, contract number, and must be signed by an authorized representative of the school. The name and address of the school and receipt number must be preprinted. Receipt numbers must be in sequence and repetition of numbers is not permissible. The original of each receipt is to be given to the student or person receiving the service, and the duplicate is to be retained by the school in numerical order.

6.3 No Commercial Driver Training School may use any contract except those which has been approved by the Director.

6.4 All contracts and agreements by or between any school and any individual for driving instruction shall be in writing and shall include, but not limited to, the following:

6.4.1 The name and address of the school and the student, and the number of any license or permit held by the student to operate a motor vehicle;

6.4.2 A statement clearly indicating the nature of the instruction being offered;

6.4.2.1 Classroom instruction

6.4.2.1.1 Rate per hour;

6.4.2.1.2 Date and time of first lesson and each subsequent lesson, the length of each lesson, and the total number of hours;

6.4.2.2 Behind-the-wheel instruction

6.4.2.2.1 Rate per hour;

6.4.2.2.2 Date and time of first lesson and each subsequent lesson, and the total number of hours;

6.4.2.2.3 Nature of lesson, whether private or group.

6.4.3 A statement setting forth the contract price and the terms of payment;

6.4.4 A statement indicating the date when instruction is to start, the hours of instruction, and the location of the school;

6.4.5 Neither the term "NO REFUND" nor a statement that a driver license is guaranteed to the applicant may be included in any contract. The contract may provide "the school will not refund any tuition or part of tuition if the school is ready, willing and able to fulfill its obligations under the contract."

6.4.6 The following statements preprinted thereon:

6.4.6.1 "This agreement constitutes the contract between the school and the student, and no verbal statements or promises will be recognized."

6.4.6.2 "It is hereby understood and agreed by both this driving school and the pupil executing the contract, as follows:

6.4.6.2.1 No school can secure a driver's license in any but the regular manner and upon payment of the regular fees.

6.4.6.2.2 The pupil will report both to the Director of Motor Vehicles and the proprietor of this school, any employee of the Division of Motor Vehicles or of this school who demands money other than the regular fee for a driver's license.

6.4.6.2.3 Any person bribing, or attempting to bribe, an employee of the Division of Motor Vehicles will be prosecuted for such offense."

6.5 A duplicating process such as ditto or mimeograph will not be considered to constitute preprinted for the purposes of this section.

6.6 No person shall be given lessons, lectures, tutoring or any other service relating to instruction in the operation of motor vehicles or motorcycles or rental or use of road test cars unless and until all applicable provisions of a written contract have been completed and such contract has been executed by both the school and the student.

6.7 Contracts to give short review courses may be given, provided:

6.7.1 The student signing the contract has a valid license, or presents an expired license as evidence of previous experience, or will sign a statement which will give his/her previous driving experience that must be at least the equivalent of the minimum course given (six (6) hours of driving training behind the wheel). This statement must be kept in the Student Record File.

6.7.2 The total number of such contracts with any one student shall be no greater than the number of lessons offered by the school in its shortest driver training course.

6.8 Each school must file and maintain with the Director a list of those persons authorized or empowered to execute contracts on behalf of the school. Only the following persons are empowered to execute contracts: the owner, an officer of the corporation, or a person who has been given the power of attorney by the school.

6.9 Each school is required to ascertain, before giving behind the wheel training, that a student possesses a Delaware learner's permit or a valid driver's license.

6.10 If behind the wheel instruction is carried on, the student must have a Delaware learner's permit in his immediate possession, which entitles the student to drive a motor vehicle upon the highway for a period of 60 days, when accompanied by an instructor who is actually occupying the seat beside the driver and there is no other person in the vehicle.

6.11 No school shall contract to give unlimited lessons, nor shall any school represent or agree, orally or in writing, to give instructions until a license is obtained by the applicant, as a part of an inducement to sign any contract. Schools must notify the Division of Motor Vehicles, in writing, prior to effecting a change in the fee, or the terms of payment thereof, or the number, length or type of lessons.

6.12 The loss, mutilation or destruction of any records which a driver's school is required to maintain under these regulations must be reported to the Director immediately by notarized affidavit stating:

6.12.1 The date such records were lost, destroyed or mutilated.

6.13 All records and contracts must be retained for three (3) years during which period they shall be subject to the inspection of the Director or his duly authorized representative at all times during regular stated business hours.

6.13.1 The circumstances involving such loss, destruction or mutilation.

7.0 Motor Vehicles Used for Instruction

7.1 Behind-the-wheel instruction of students in Commercial Driver Training Schools must be conducted in motor vehicles owned or leased by the school.

7.1.1 All vehicles used in Commercial Driver Training Schools for the purpose of demonstration and/or practice in driving shall:

7.1.1.1 Be equipped within:

7.1.1.1.1 Dual controls on the foot brake;

7.1.1.1.2 Dual controls on the clutch, if the vehicle is equipped by clutch and manual transmission;

7.1.1.1.3 Seat belts for both the instructor and the student;

7.1.1.1.4 A heater and defroster in working condition;

7.1.1.1.5 An outside rear-view mirror mounted on the right side of the vehicle;

7.1.1.1.6 All other equipment required of vehicles in accordance with the Vehicle and Traffic Laws of Delaware.

7.1.1.2 Bear a conspicuously displayed sign with the legend "STUDENT DRIVER" in letters no less than five (5) inches in height and the name and location of the school in letters not less than two (2) inches in height, visible from both the front and the rear of the vehicle.

7.1.1.3 Be properly registered in compliance with the motor vehicle laws of Delaware and bear a current inspection sticker.

7.1.2 Tractor trailer combinations owned or controlled by a Commercial Truck Driver Training School need not be equipped with dual controls or foot brakes. However, such combination must be equipped with some type of device, such as trolley brake, which will permit the instructor to bring the vehicle to a halt.

7.2 Each vehicle used by the school shall be insured, by a company licensed to do business in the State of Delaware, against liability in the amount of at least $25,000 bodily injury or death of an individual, and $50,000 bodily injury or death of any two (2) or more persons in any one (1) accident, and $10,000 property damage.

7.2.1 Such insurance coverage shall be secured on an annual basis. In the event such coverage for any vehicle used for driver instruction or training shall not be renewed, the school shall give written notice to the Division at least ten (10) days prior to the expiration date of such coverage.

7.2.2 A certificate of insurance coverage shall be filed by the insurance underwriter with the Division. Cancellation shall be accomplished only upon fifteen (15) days prior to written notice to the Division by the insurance underwriter.

7.2.3 In the event of cancellation or expiration of insurance coverage, such vehicle shall not thereafter be used for driver instruction purposes or any other purpose without or unless new coverage is obtained.

8.0 CDTS Training Facilities

8.1 Every school shall maintain a principal place of business open to the public in a permanent-type building containing adequate office and classroom facilities. It is not necessary that these facilities be located on the premises, but they must be available and meet the approval of the Director of the Division of Motor Vehicles.

8.2 The classroom facility shall meet the following minimum criteria:

8.2.1 Space sufficient for a comfortable learning situation for both students and instructor with a minimum size overall not less than 150 square feet and containing at least 70 square feet for the instructor and his/her equipment and at least 12 square feet for each student;

8.2.2 Adequate lighting, heating, and ventilation, and compliance with all state and local laws including but not limited to zoning, public health, safety and sanitation;

8.2.3 Seating and writing surfaces for all students being trained; adequate blackboards visible from all seating positions; adequate charts, diagrams, pictures relating to the operation of motor vehicles, traffic laws, and correct driving procedures; a copy of the Driver's Manual published by the Division for each student; and other approved test books as deemed necessary by the instructor and approved by the Director of Motor Vehicles.

8.3 Any schools wishing to do so may secure a common classroom which will meet the requirements contained herein. Each school using this common facility must maintain a schedule of the date, hour, name of instructor who will provide the training and the subject matter. This schedule must be kept at the place of business of the driving school and must show the classroom lessons to be given during the following two weeks.

8.4 No classroom, including common classroom, may be more than fifteen (15) miles from the office of any driver’s school using the facility, unless special approval has been granted by the Director in his discretion.

CDTS INSTRUCTORS AND INSTRUCTION

9.0 CDTS Instructor Licenses

9.1 Each instructor of a Commercial Driver Training School or a Commercial Truck Driver School or branch shall:

9.1.1 Be a citizen of the United States;

9.1.2 Be of good moral character and sound mind;

9.1.3 Be at least 18 years of age and hold a valid driver's license;

9.1.4 Have vision in both eyes, with a minimum of 20/40 corrected vision in both eyes.

9.1.5 Not have had a revocation or suspension of his/her driver's license in the two (2) years preceding the date of application;

9.1.6 Not have had convictions for moving violations totaling eight (8) or more points in the three (3) years preceding the date of application;

9.1.6.1 No "driving while under the influence of liquor or drugs" convictions during the preceding five (5) years.

9.1.6.2 No entries of "TRIAL WAIVER" (4177B) during the preceding five (5) years.

9.1.7 Have graduated from high school or hold a high school equivalency certificate.

9.1.8 Have both legs and arms, except that this requirement may be waived in any individual case in the discretion of the Director, and a certificate issued subject to any reasonable restrictions.

9.1.9 Must furnish a certified abstract of a driving record to this Division for all holders of out-of-state driver licenses. No application or renewal shall be accepted without such certificate.

9.1.10 In the case of a Commercial Driver Training School, have completed a two semester-hour, college credit preparatory course for teachers or an equivalent course approved by the Director.

9.1.11 In the case of a Commercial Truck Driver Training School, have evidence of United States Department of Transportation certification and qualify by experience or training, or both, to instruct students in the safe operation of truck-tractor trailer combination units.

9.2 No school shall knowingly employ any person as an instructor or in any other capacity whatsoever, who has been convicted of a felony or any crime or improper conduct, involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude.

9.3 Unless otherwise specifically authorized by these regulations, no person, including the owner, operator, partner or any officer of the licensee, shall give instructions for hire in the operation of motor vehicles unless such person is the holder of a current instructor's certificate issued for such purpose by the Director. Such certificate is to be valid for use only in connection with the business of the driver training school listed thereon. An (original) instructor's certificate may only be issued to or subject to renewal by an individual who can comply with all of the following qualifications:

9.4 Application Procedure

9.4.1 Applications for an instructor's license must be made by a person desiring such license on forms prescribed by the Division of Motor Vehicles and the school desiring to employ such person as an instructor must endorse its consent thereon.

9.4.2 License Fee

9.4.2.1 Every application for an original or renewal for an instructor's license must be accompanied by a fee of fifty dollars ($50.00) payable by certified check or money order. The fee shall be in no event refunded to the applicant or school.

9.4.3 Applicants for instructor's license will be required to submit one (1) photograph at least 1 1/2 X 1 1/2 in size taken not more than thirty (30) days prior to date of such application or renewal thereof, and also will be required to submit to fingerprinting (Standard Fingerprint Form FD-258), and may be subject to an investigation or required to submit additional information as the Director may prescribe.

9.4.4 Application for an original instructor's certificate must be accompanied by three (3) letters of reference from reputable members of the community who are not related to the applicant, attesting to moral character and to their opinion of his/her apparent teaching ability.

9.4.5 An applicant for an original instructor's certificate will be required to submit to special eye, written and road tests which will include a demonstration of ability to instruct and may be required to submit additional or other proof of his qualifications as an instructor.

9.4.6 An instructor's license shall be valid until the end of the calendar year (December 31) following the date of issuance. Any license lapsed for more than thirty (30) days shall be deemed permanently lapsed, and renewal of such a license shall be accomplished only through the same process as for an entirely new license, all forms and certifications being required.

9.4.7 Surrender of license - Any licensed instructor who ceases to give instruction for hire in the driving of motor vehicles for the school for which he/she is licensed shall surrender within ten (10) days, his/her instructor's license. The owner, partner, or corporate officer of the school shall be responsible for the return of said license to the Division upon termination of employment.

9.4.8 Any instructor who loses his certificate must report the loss thereof immediately, in writing, to the Division of Motor Vehicles and a duplicate will be issued for a fee of ten dollars ($10.00) to replace a lost current certificate.

9.4.9 The instructor's certificate must be carried by the instructor at all times while driving instructions are being given or when an instructor is accompanying an applicant for a license to the road test line in a motor vehicle or motorcycle.

9.4.10 The Director shall not issue an instructor's certificate to any person who is not employed by or associated with a drivers' school licensed by the Director.

9.4.11 Qualified and recognized experts in the field of driver training, traffic regulation or motor vehicles may give occasional classroom lectures without holding a valid instructor's certificate provided the drivers' school which secures the services of the expert notifies the Director thirty (30) days in advance, indicating the name, address and qualifications of the expert and the proposed lecture date.

9.4.12 Holders of instructors' certificates may be requested to attend a group session at which time the Division will brief applicants on any new changes in the regulations and laws or new training techniques, or it may inform them with printed materials through the mail. The applicants for a renewal of an instructor's certificate may also be required to submit to psycho-physical tests or to a test of their teaching ability. This will be done at the discretion of the Director based on the applicant's past record as an instructor.

9.4.13 If an instructor possessing a current instructor's certificate desires to be employed by an additional school or schools, or transfers employment to another school, he/she will be required to notify the Director in writing within ten (10) days of said employment.

10.0 CDTS Course of Instruction

10.1 Drivers' schools licensed by the Director shall provide a course of instruction including both theoretical and practical training, and such course of instruction shall meet the standards prescribed by the Director both in content and manner or presentation.

10.1.1 Theoretical training shall include subject matter relating to rules of the road, safe driving practices, driver responsibility, theory of driving, pedestrian safety care, types of automobile insurance, and use of automobile safety devices.

10.1.2 Practical training shall include demonstration and actual training in starting, stopping, shifting, turning, backing, parking, steering, driving in both city and highway traffic (where practicable), and in defensive driving. All of the practical training must be in a vehicle which meets the requirements of the Vehicle and Traffic Law, and in a school owned vehicle, which meets the requirements of these regulations.

10.2 Ten (10) hours of classroom training must be offered to all students and six (6) hours of practical behind-the-wheel training must be given to each student enrolled in any drivers' school except students who qualify for, and are enrolled in, a short review course.

10.2.1 Each approved commercial driving school course consisting of classroom instruction and behind-the-wheel instruction will be scheduled over a period of no more than three (3) calendar weeks.

10.2.2 The practical behind-the-wheel training must consist of actual driving practice while the vehicle is in motion. Training while the vehicle is parked cannot be considered as behind-the-wheel training.

10.3 No instructor shall give any driving instructions in the operation of a motor vehicle within any area designated by the Director as a road test area.

10.4 The course of instruction will periodically be observed by the Division and evaluated as to content and standards.

CDTS ADVERTISEMENT

11.0 Advertising

Advertising by the driver training school must conform to the following:

11.1 Only schools licensed by the Division of Motor Vehicles may in anyway publicly advertise an offer to provide driver training and safety education to any person for tuition or charge.

11.2 No school or instructor may in anyway represent himself/herself/itself as agents or employees of the Division of Motor Vehicles or any agency or institution or any government.

11.3 No school or instructor may use or allow the use of any advertisement which would reasonably have the effect of leading people to believe that they are or were an agent, representative or employee of the Division of Motor Vehicles or any agency or institution of any government.

11.4 Every advertisement of a driver training school shall show the name, telephone number and address of the school.

11.5 A driver training school may exhibit on its premises or through other advertising media, the wording "THIS SCHOOL IS LICENSED BY THE STATE OF DELAWARE." The lettering of such wording shall not be more than 1/3 the size of the lettering of the name of the school as displayed on the sign or advertisement. However, no school shall advertise that it has been approved by the Division.

11.6 The use of the word "State" in any sign or other medium of advertising, except as permitted by subdivisions (5) and (12) of this section, is not allowed.

11.7 No driver training school shall solicit business or cause business to be solicited in its behalf, or display or distribute any advertising material within a building owned or leased by the State, county or city in which motor vehicle registrations or licenses to a drive motor vehicles are issued to the public, or within 100 feet of the entrance to such a building.

11.8 Advertising on school cars is permitted provided it conforms to the other provisions of this section.

11.9 No driver training school may make any false or misleading claims or statements in any of its advertising.

11.10 In addition to any other sign or signs required by these regulations, a drivers' school must display conspicuously a schedule of fees as filed with the Director and a sign reading "Applicant must be given a contract for all services and a receipt for all payments." All information required to be posted by sign may be incorporated on one sign.

11.11 Except as provided in subdivision (11) of this section, no driver training school may use the words "DRIVER EDUCATION" in any form of advertising, nor imply in any manner that it teaches Driver Education or Adult Driver Education.

11.12 If a driver training school is a member of a bona fide organization whose legal name contains the words "State" and/or "Driver Education" such school may indicate its affiliation with such organization, using the legal organization name, or the official emblem of this organization in its advertising along with the name of the drivers' school as displayed in the same sign or advertisement.

11.13 Effective January 1, 1979: No driver training school will be licensed to do business using a firm name or corporate name which may be similar to, or likely to be confused with: an already licensed driver training school; a fraternal or religious organization ; a motor club; any non-profit or educational institution; any city, county, state or provincial governmental agency or geographical subdivision; or which in any way may tend to imply approval or endorsement by or connection with any firm or organization whose only main function appears to be provided to the school such approval or endorsement. This does not, however, preclude the approval or endorsement of driver training schools by properly established professional associations, or by authorized governmental agencies.

11.14 No driver training school shall be licensed with a firm name or a corporate name which does not clearly identify it as a driver training school. Licenses will not be issued to applicants whose firm or corporate name implies that the school is: an automobile dealer or manufacturer; a motor club; a safety foundation; a department store; a taxi company; a governmental agency or geographical subdivision; or simply an unidentifiable enterprise.

11.15 Each driver training school will use its full legal name in all advertising. It may not use an additional name, or any variation thereof.

11.16 Fraudulent, bait or misleading advertising shall be cause for suspension or revocation of the school's license to do business. Items and services advertised must indeed be available in such a manner as might be expected by the average citizen who reads the advertisement:

11.17 A school may claim it is endorsed by, approved by or that it honors the credit cards of other firms but it can in no way lead people to believe it is the other firm. In all advertisements, if the name of any endorsing, approving, or related firm or person is used, it shall appear in print no larger than 50% of the size of the school's licensed firm name together with an explanation of the relationship between the school and the related firm or person in no less than 12 point type.

CANCELLATION, SUSPENSION, REVOCATION OR REFUSAL TO RENEW

CDTS LICENSES

12.0 Procedures

12.1 The license of any Commercial Driver Training School or Commercial Truck Driver Training School may be suspended or revoked by the Division of Motor Vehicles for violation of Chapter 83 of the Delaware Motor Vehicle Laws or of these rules and regulations adopted by the Director for any of the following reasons:

12.1.1 The conviction of the licensee or any partner, officer, agent or employee, of a felony or of any crime involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude or

12.1.1.1 Where the licensee has been found by the Division to be involved in improper conduct involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude, while acting as a commercial driver training instructor.

12.1.2 Where the licensee has made a material false statement or concealed a material fact in connection with his/her application for a license or a renewal thereof.

12.1.3 Where the licensee has failed to complete and submit an accident form to the Division of Motor Vehicles whenever student and instructor have been involved in an accident. Forms can be obtained from the Division of Motor Vehicles.

12.2 The Director may cancel, suspend, revoke or refuse to issue or renew a school or instructor's license in any case where he/she finds the licensee or applicant has not complied with or has violated any of the provisions of the law or regulations promulgated by the Director.4. Where the licensee or any partner, officer, agent or employee of such licensee has been guilty of fraud or fraudulent practices in relation to the business conducted under the license, or guilty of inducing another to resort to fraud or fraudulent practices in relation to securing for himself/herself or another a license to drive a motor vehicle or motorcycle. The term "fraudulent practices" as used herein shall include, but shall not be limited to, any conduct or representation on the part of the licensee, or any partner, officer, agent or employee of a licensee, tending to induce another or to give the impression that a license to operate a motor vehicle or motorcycle, or any other license, registration or service granted by the Director may be obtained by any means other than the ones prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, exacting or collecting money for such purpose.

12.3 Upon written request of licensee or any partner, officer, agent or employee of such licensee who has been so suspended or revoked. The Director of Motor Vehicles shall afford the person(s) an opportunity to be heard. Such written request must be filed with the Director of Motor Vehicles within 14 days after receipt of a copy of the order of suspension or revocation. The hearing shall be before the Director or his/her designated representative. Any such hearing shall be held within thirty (30) days after the date upon which the Director received the timely written request, unless there is a postponement or continuance. The Director may postpone or continue any hearing on his/her own motion, or upon written application of such person(s) for good cause shown. During the pending of any such hearing, the suspension or revocation of the commercial School license and/or instructor(s) certificate, the same shall be forthwith returned pending the outcome of such hearing, unless action taken was based upon a conviction of the licensee or any partner, officer, agent or employee of such licensee, of a felony or of any crime, or improper conduct, involving violence, dishonesty, indecency, degeneracy or moral turpitude or where the licensee has been found by the Division to be involved in improper conduct involving violence, dishonesty, deceit, indecency, degeneracy, or moral turpitude, while acting as a commercial driving school instructor.

12.4 Any licensee or any partner, officer, agent or employee of such licensee, whose license and/or instructor's certificate(s) has been suspended or revoked shall pay a fee of fifteen ($15.00) dollars at the end of such suspension or revocation for the return of the school license and/or instructor's certificate(s) to help defray the cost or clerical work, investigation and like activities incidental to the enforcement of the rules and regulations for conducting a Commercial Driver's School in the State of Delaware.

The action of the Director in refusing to issue a renewal, or suspending or revoking a license or instructor's certificate, may be appealed to the Superior Court in the county wherein such licensed school is located or licensed instructor(s) resides.

FOR DMV USE ONLY:______________

ISSUE DATE:______________

LIC. #:______________

STATE OF DELAWARE

DEPARTMENT OF PUBLIC SAFETY

DIVISION OF MOTOR VEHICLES

Application for Commercial Driver Training School License

(Please Type or Print)

Date:_____________________________________________________________

Name of School:____________________________________________________

Office Address:_____________________________________________________

Office Telephone #: _______________________________

Owner's Name: Owner's Address: _____________________________________

Owner's Telephone #: Location of Classroom(s): _________________________

Type of Business (circle one):

Sole Proprietor Partnership Corporation Association

List the name, title, and address of all Owners, Partners, Members and Officers:

Name Title Address

Please answer the following questions in full:

Has anyone mentioned above ever operate a Commercial Driver Training School before? If yes, please explain
Has anyone mentioned above ever been convicted of a felony? If yes, please

explain

Is your Commercial Driver Training School located in a-business district?

Yes or No

Is your Commercial Driver Training School operated from any of the following:

House trailer; Residence; Temporary address; Room or rooms in a hotel or motel;

Rooming house; Garage: Single or multiple dwelling unit?

Yes or No

Is your Commercial Driver Training School the only business conducted at that address? If no, please explain

Does your Commercial Driver Training School maintain or have available a permanent classroom facility?

Yes or No

Does your Commercial Driver Training School maintain a permanent office facility?

Yes or No

Indicate the number of square feet of office space:
Indicate the number of square feet of classroom space:
For how many students do you have seating available?
Are writing surfaces provided for each student seated in your classroom?
Do the vehicles used for instructional purposes by your Commercial Driver

Training School meet the requirements of Section 7 of the Rules and Regulations

Governing the Licensing of Commercial Driver Training Schools and Instructors?

Yes ~ or No

Does your classroom facility contain the following: Yes No

Charts

Textbooks

Diagrams

Reference Books

Audio Driver Training Films

Audio Driver Training Slides

Testing Aids

Please list any additional training items:

Do you operate a branch office? If yes, please indicate the name (if different from the main office), location, and all instructors

Schedule of Fees

Course of Instruction Amount Terms (weekly/monthly)

With use of school vehicle

for driver training only

With use of school vehicle

for driver training law test

With use of school vehicle

for road test only

With use of students car

for driver training only

With use of students car

for road test only

With use of students car for

driver training and road test

Instructor to accompany student to road test in students car

Classroom training only

Other

Please list all persons authorized to sign contracts:

Name and address Title or Position

Please list all persons licensed by the state of Delaware who are employed or associated with this Commercial Driver Training School or have filed for an instructor's license with the State of Delaware:

Name Driver's License Number

Conditions

As a condition for the issuance and the continued effect of a Commercial Driver Training School License, the undersigned undertake and agree to all of the following conditions:

To maintain adequate records as prescribed from time to time by the Director of the Division of Motor Vehicles and to permit the inspection of such records by the Director, his or her deputies or any designated personnel or any law enforcement officer at reasonable times. The Division of Motor Vehicles considers reasonable time as the working hours of the Division: 8:00 a.m. to 4:30 p.m., Monday, Tuesday, Thursday, and Friday and noon to 8:00 p.m. on Wednesday.
To advise the State of Delaware, on forms supplied by the applicant, whenever an instructor's employment is terminated by the applicant and a brief statement concerning the reasons for such termination.
To comply with all state laws and regulations, and all county and municipal regulations and ordinances relating to public and county health and public safety for the school and business facility.
To comply with all the provisions of Title 21, Motor Vehicle Laws of the State of Delaware, and the rules and regulations relating to Commercial Driver Training Schools.
To advise the Delaware Division of Motor Vehicles within 10 (ten) days of any material change in the application or the schedules which are made a part thereof.

I, the undersigned, certify that I have read the laws, rules, and regulations governing Commercial Driver Training Schools and that I agree to abide by the rules, regulations and laws set forth and further affirm that all statements made by me in this application are true and correct to the best of my knowledge.

Each owner, partner, or officer of the Commercial Driver Training School must sign in the space provided below in the presence of a Notary.

Signature Title

Sworn to and Subscribed before me this day of 19

Notary

To knowingly make a false statement or conceal a material fact in this application shall result in the revocation of your Commercial Driver Training School License.

The licensee shall file with the Director of the Division of Motor Vehicles evidence of insurance with a company authorized to do business in the state, in the amount of at least $25,000 because of bodily injury to, or death of any one person in any one accident and, subject to said limit for one person; to a limit of $50,000 because of bodily injury to, or death of two or more persons in any one accident; and to a limit of $10,000 because of injury to or destruction of property of others in one accident.

Evidence of such insurance coverage must be in the form of a letter or certificate from the insurance carrier, which shall stipulate that the Director of the Division of Motor Vehicles shall be notified 10 (ten) days prior to the policy expiration or cancellation. Such notice of expiration or cancellation shall be mailed to the Director of the Division of Motor Vehicles, P. O. Box 698, Dover, DE 19903.

As required by law, a licensing fee in the amount of $115.00 (non-refundable) must accompany this application. * All original applications also require an investigation fee of $50.00 to defray the cost of clerical work, investigations, and like activities for the enforcement of the Rules and Regulations Governing the Licensing of Commercial Driver Training Schools and Instructors.

Please forward the completed application, including sample copies of contracts and schedule of fees, along with a check or money order made payable to the Division of Motor Vehicles to:

Division of Motor Vehicles

Attention: Commercial Driver Training

P. O. Box 698

Dover, DE 19903

FOR DMV USE ONLY:

® Approved ® Disapproved

Reason:

By: Date:

Director of Motor Vehicles

EXPIRATION DATE INSTRUCTOR NO.___________

STATE OF DELAWARE

DEPARTMENT OF PUBLIC SAFETY

DIVISION OF MOTOR VEHICLES

Application for LICENSE COMMERCIAL DRIVER TRAINING INSTRUCTOR

(Please Print or Type)

Pursuant to Chapter 83, of the Delaware Motor Vehicle Laws, the undersigned does hereby apply for a license as Instructor for ____________________Driving School.

NAME

LAST FIRST MIDDLE

HEIGHT FT. INS. LBS.

COLOR HAIR COLOR EYES

HOME ADDRESS

Street city State Zip

Telephone No.

SCHOOL ADDRESS

Street City State Zip

Telephone No.

PLACE OF BIRTH DATE OF BIRTH

DRIVER LICENSE NO. STATE EXPIRATION

Have you ever previously been a licensed driver training instructor in Delaware

List names and addresses of all Driver Training schools at which you have been employed.

Type of Name Attended Year Degree

School Address From To Graduated or

Mo. Yr. Mo. Yr. Diploma Year Recd.

High

School

College or

University

If you did not graduate, what is the highest grade completed?

Have you passed High School

Equivalency Test? Yes No

Have you completed a Course

in Driver Education? Yes No

List employment for last 5 years---most recent employment

first---also include current.

Name of Firm______________________________________________

Address__________________________________________________

Dates employed from____________ To____________

Name of Firm ______________________________________________

Address__________________________________________________

Dates employed from ____________ To____________

Name of Firm ______________________________________________

Address__________________________________________________

Dates employed from ____________ To____________

Name of firm______________________________________________

Address__________________________________________________

Dates employed from ____________ To____________

Name of firm______________________________________________

Address__________________________________________________

Dates employed from ____________ To____________

ANSWER THE FOLLOWING WITH "YES" OR " NO"

(If answer is Yes, explain fully on another sheet.)

Have you ever been known by any other name than that shown on application?
Have you ever been charged with, or convicted of a felony or misdemeanor?
Do you now or have you ever used narcotics?
Have you ever been charged with, or convicted of perjury or making- of any false statements?
Have you ever been charged with, or convicted of any traffic violations other than parking-violations?
Are you now involved with any charges or court proceedings relating to matters stated in above questions?
Has your license to drive in Delaware or any other State ever been suspended, revoked, cancelled or denied?
Has your Commercial Drivers Training School and/or instructors license ever been suspended, revoked cancelled or denied?
Do you own or lease the Driver Training School vehicles?
Are all vehicles insured?

"No" Answers may be explained in this space.

Attach Recent

Photo Date photo was taken. A $50.00

fee for either original or

renewal, required by law, must

accompany this application,

to be forwarded to the

Division of Motor Vehicles,

P.0. Box 698, Dover, DE 19901.

Right

Index Finger

The applicant agrees that:

If I terminate employment with Drivers Training School listed herein, I will surrender my license to instruct at said school.
If I become employed by another Drivers Training School, I will make application for a new instructors license for said school.
In the event of a review of the department's records it is determined that I am not entitled to the license, I will surrender my license at the school listed herein:
I have read the entire foregoing application and the information given by me on this application is accurate and true to the best of my knowledge. And I understand that any false statement will result in the cancellation of my Drivers Training School instructor's license that has been issued to me. I hereby authorize Delaware's Division of Motor Vehicles to make any investigation and inquiry necessary to evaluate this application.

Sign Full Name _______________________________ Date _____________

This application must be signed by an authorized official of the Drivers Training School.

Official's Signature _____________________Date

Subscribed and sworn to before me this day of 19

Notary Public ______________________________________

Notary's Address______________________________________

This application: Approved______________________________________

Disapproved By ______________________________________

Director of Motor Vehicle:______________________________________

Date______________________________________

Reason Disapproved:______________________________________

2219 Motorcycle Rider Education Courses Provider Requirements

2 Del. Admin. Code § 2219 Motorcycle Rider Education Courses Provider Requirements

2219 Motorcycle Rider Education Courses Provider Requirements

1.0 Definitions

“Application for Commercial Driver Training School License (Motorcycle)” refers to the document which the Provider must sign and present to the Department of Public Safely, Division of Motor Vehicles to teach the motorcycle rider education courses for the State as required by 21 Del.C. Sections 8303 and 8304.

“Audit” means an official examination and verification of all accounts, records, books and documents pertaining to the conduct of motorcycle rider education courses by a Provider for the Department under the Program per the Delaware Code.

“Basic Rider Course” (BRC) is a motorcycle rider education course for novice or potential riders developed by the Motorcycle Safety Foundation (MSF), National Resource Office, 2 Jenner St., Suite 150, Irvine, CA 92718.

“Experienced Rider Course” (ERC) is a motorcycle rider education course for experienced riders with at least 6 months or 3000 miles of recent riding time, developed by the Motorcycle Safety Foundation (MSF), National Resource Office, 2 Jenner St., Suite 150, Irvine, CA 92718.

“Course Section” means a complete, scheduled set of BRC training modules, including both classroom and range sessions, presented to a class in order for them to satisfactorily complete a specific BRC.

“Class Participant” means a person enrolled in a BRC or ERC selection under the Program.

“Motorcycle Rider Education” means education for novice and experienced motorcycle riders practicing street riding techniques in a safe environment.

“Program” means the Motorcycle Rider Education Program which was created pursuant to 21 Del.C. Section 2726 and 2727 for the purpose of reducing motorcycle accidents, injuries and fatalities in the State of Delaware.

“Provider” means a private instructional service related to the Program they will conduct.

“Range” means a paved area set aside for the operations of motorcycles and marked and/or otherwise delineated per the BRC/ERC curricula guidelines for use on a permanent/temporary basis.

8 DE Reg. 1725 (6/1/05)

2.0 Department of Transportation, Division of Motor Vehicles

2.1 In the interest of providing excellent customer service, promoting a safe driving environment, and protecting consumer interests, the Department hereby allows providers of instructional services to conduct motorcycle rider education courses once they meet the requirements of this document and pay the appropriate fees. This promotes excellent customer service by enhancing the Department’s ability to meet public demand for motorcycle safety training. By authorizing and working with independent training centers to deliver motorcycle safety training, the Department is promoting a safe driving environment by adding to the number of riders with heightened knowledge and skills. This also protects the consumer’s interests by ensuring that the training opportunity at independent centers maintains the same high level of quality that is found in State sponsored courses.

2.2 The Division of Motor Vehicles (DMV) will provide Chief Instructors / RiderCoach Trainers or Certified Drivers License Examiners to monitor independent motorcycle safety training center’s program and to conduct end-of-course testing when feasible. Budget constraints and staff levels may require the students to be given a knowledge and riding skill test at a DMV location. However, when possible, all tests will be conducted at the Provider’s location when the class graduates.

2.3 DMV will provide the following positions with listed responsibilities:

2.3.1 Coordinator of the Delaware Motorcycle Safety Program:

• Oversee the application of, and adherence to, these requirements.

• Serve as the main DMV point of contact for independent centers.

• Evaluate all Program applications.

• Monitor all provider programs to ensure they met Division requirements.

• Provide Motorcycle Operator Manuals.

2.3.2 Chief Instructors / RiderCoach Trainers or Certified Driver’s License Examiners:

• Before monitoring and conducting end-of-course testing, ensure that students have completed all classes and exercises required under the Department’s approved curriculum.

• Administer the end-of-course written knowledge test and record results at the training location unless budget or staff limitation prevent on-site testing.

• Conduct the end-of-course riding skill test and record results.

• Issue completion certificates to students who have successfully completed their coursework and passed both the end-of-course written knowledge and riding skill tests.

3.0 Provider

3.1 Primary requirements include the following:

• Complete license requirements for Commercial Driver Training Schools and Instructors per Chapter 83 of Title 21.

• Administer the Program.

• Select site area.

• Advertise and select qualified instructor candidates for the Program.

• Provide Instructor candidate’s names and driver’s license numbers to Coordinator, Motorcycle Rider Education Program. If candidate is licensed out of state provide a 5-year driving record.

• Ensure that appropriate equipment is available for use in each course section.

• Assure that proper insurance coverage is maintained.

• Schedule and advertise course dates.

• Teach the Department’s approved rider education curriculum and comply with all related requirements.

• Provide course applicants names and driver’s license numbers to Coordinator, Motorcycle Rider Education Program.

• Coordinate with the State to provide a Chief Instructor/RiderCoach Trainer or Certified Driver’s License Examiner to administer the end-of-course written knowledge test and the riding skill test.

• Provide DMV with course and testing schedules in advance. Notify the DMV at least 48 hours in advance of any changes, cancellations, etc. to schedule test dates and times.

• Allow the State to monitor the independent training center operations.

• Provide information to the DMV as required for DMV quality assurance, e.g., incident reports, course surveys, test score sheets, etc.

• Obtain training motorcycles through dealer loan agreement programs or other sources.

• Promote BRC courses throughout the State.

3.2 Other responsibilities include:

• Layout of all range areas

• Maintenance of miscellaneous range equipment and materials

• Scheduling all training sessions

• Supervising instructors

• Ensuring provider instructors teach minimum of 3 State Program Novice classes annually.

• Fill out all program reports completely and accurately.

• Set-up appropriate record keeping for evaluation of the program.

• Send monthly course participation updates to:

Coordinator

Motorcycle Rider Education Program

Division of Motor Vehicles

P.O. Box 698

Dover, DE 19903

4.0 Instructors

4.1 Instructor shall have a high school diploma or the equivalent. Instructor must be at least 18 years of age hold a valid driver’s license with a valid motorcycle endorsement and have had at least 2 years of motorcycle riding experience.

4.2 Instructor’s driver’s license shall not have been suspended or revoked any time during the immediately preceding 2 years. Instructor shall have no convictions for driving under the influence of alcohol or of drugs during the immediately preceding 5 years, nor have been subject to first offenders election in lieu of trial during the immediately preceding 5 years.

4.3 Instructor shall not have any convictions for moving traffic violations with a total of 4 or more points during the immediately preceding 2 years.

4.4 An Instructor who is licensed to drive in another state must furnish certified copies of their driving record to the Coordinator, Motorcycle Rider Education Program, 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.

4.5 All of the Provider’s instructors must be state licensed per 21 Del.C. Section 8304.

4.6 An Instructor is responsible for conducting classroom sessions and for demonstrating and conducting range exercises, including evaluating rider performance. Only an MSF certified instructor trained or re-certified in the BRC/ERC, after completing the State update, is authorized to teach the course.

5.0 Enrollment Eligibility

5.1 Basic Rider Course – Persons enrolling in a BRC must:

• Possess a current, valid driver’s license issued by Delaware or another jurisdiction.

• Applicants holding a level one learner’s permit (Graduated Driver License) are not eligible to attend the program.

• Be licensed driver of the U.S. Armed Forces stationed in Delaware and/or his or her family members.

• Delaware cannot issue a motorcycle endorsement unless the applicant holds a Delaware license. However, the Delaware DMV will send a letter certifying course completion to include students name, driver license number, course dates and location, skills and written test scores, to another state if that state agrees to upgrade the participant’s license.

• Possess the physical ability to operate a motorcycle.

• Have the ability to balance a two-wheeled vehicle.

• Provide written parental permission if under the age of eighteen (18).

• Be at least sixteen (16) years of age.

5.2 Experienced Rider Course – Persons enrolling in an ERC must:

• Possess a current, valid driver’s license with an endorsement to operate a motorcycle issued by Delaware or another jurisdiction.

• Possess the physical ability to operate a motorcycle.

6.0 Enrollment

6.1 Class Participants shall be considered enrolled in a BRC once they have completed the registration process and have been accepted into a specific class. If an applicant is not accepted into any class, the registration fee collected shall either be refunded or applied toward a future class if the class applicant so desires.

6.2 Basic Rider Course – The number of students that can be enrolled in any one BRC class is restricted to the following schedule:

Classroom

1 instructor - 24 students

Range

2 instructors - 12 students

6.3 During on-cycle instruction no more than six (6) students may be under the supervision of any one (1) instructor at any one time and no more than twelve (12) students may operate motorcycles on the same range area at the same time. If the number of enrolled students is less than six (6), the class shall be canceled.

7.0 Registration

7.1 All persons enrolling in a BRC or ERC must be registered. Registration shall consist of:

• Completing the Student Registration Form

• Submitting all required written permissions, as applicable

• Completing a Release, Waiver and Indemnification Statement

• Payment of student registration fee

7.2 Participants must be registered prior to engaging in any training activities.

8.0 Course Registration

8.1 Registration will be the responsibility of the Provider. All fees should include all insurances deemed necessary to run the program. It is the responsibility of the Provider to maintain the required insurances.

9.0 Student Registration Fees

9.1 Each person enrolling in a BRC or ERC who resides in the State of Delaware, shall pay a student registration fee of not less than that paid by State Program registered students (currently fifty dollars $50.00 for the BRC and $35.00 for the ERC).

9.2 Each person enrolling in a BRC or ERC who does not reside in the State of Delaware shall pay a student registration fee of not less than that currently paid by State Program registered students (currently two hundred dollars $200.00 for the BRC and $100.00 for the ERC).

9.3 In-state registration fees apply to those who:

• Possess a current, valid Delaware Motor Vehicle Operator’s License, or who are eligible for a motorcycle learner’s permit.

• Are a member of the U.S. Armed Forces stationed in Delaware or a member of their families.

• Permanently reside at an address within the political boundaries of the State of Delaware.

• Are full-time students at a College or University within the State of Delaware.

9.4 These fees are non-refundable with the following exceptions:

• The registrant is not accepted into the class of the registrant’s choice. (However, the fee may be applied towards another class if the student desires.)

• The class is canceled.

• The registrant gives notice of withdrawal no later than seventy-two (72) hours prior to the start of the course.

10.0 Rate of Pay

10.1 Instructors are hired by the selected Provider; the rate of pay will be commensurate with the level for instructors in the State program. The contractual agreement between provider and instructors will be the sole responsibility of the Provider.

11.0 Curriculum

11.1 Basic Rider Course (BRC) – The curriculum used to train novice riders shall be the most current version of the BRC developed by the Motorcycle Safety Foundation (MSF). Each participant enrolled in any BRC shall receive no less than the minimum number of hours of classroom and on-cycle instruction as specified in the current BRC curriculum guidelines adopted by the Delaware Motorcycle Rider Education Program. Experienced riders may also be enrolled in the program if they so desire.

11.2 Experienced Rider Course (ERC) – The curriculum used to train experienced riders shall be the most current version of the ERC developed by the Motorcycle Safety Foundation (MSF). Each participant enrolled in any ERC shall receive no less than the minimum number of hours of classroom and on-cycle instruction as specified in the current ERC curriculum guidelines adopted by the Delaware Motorcycle Rider Education Program.

12.0 Facilities and Equipment

12.1 The following facilities and equipment must be available for use during each BRC or ERC course:

12.1.1 A classroom for the presentation of the off-cycle instructional portion of the BRC and the written test portion of the ERC located as close to the range area as possible. It must be able to comfortably accommodate the number of students enrolled and possess the following:

• One (1) classroom chair for each student with writing surface.

• One (1) teacher’s desk or podium with chair.

• Capabilities for utilizing audio-visual aids.

12.1.2 A paved range area for the on-cycle portion of the BRC or ERC located as close to the classroom as possible. The following are recommended guidelines for selecting an appropriate area to accommodate the students engaged in range activities:

• The minimum riding area pf 120’ X 220’, with sufficient buffer space for safety considerations. Generally, a minimum size for the overall range is 160’ X 260’. If ranges are sub-standard, they must be approved by MSF. The surface must be as flat as possible. Provide a copy of MSF certification to Coordinator Motorcycle Rider Education Program.

• No other traffic, including bicyclists and pedestrians, or cars are permitted on the range during on-cycle activities. If a parking lot is used, it must be free of parked cars and entrances should be blocked during use.

• The range should be free of potholes, sewer gratings, trash, sand, gravel, light poles, parking barriers, athletic equipment and any other surface hazards or obstacles.

• It should have grass edges without curbing. If the perimeter of the range is fenced, or curbed, there should be at least a twenty (20) foot buffer zone from the range area.

• The specific range layouts to be utilized are those listed in the current version of the Motorcycle Safety Foundation BRC Instructor’s Guide and ERC Suite.

• Portable toilets should be provided, depending on the distance to classroom

12.1.3 Miscellaneous equipment and accessories as follows:

• Class B type fire extinguisher,

• 6/12 volt, 1 amp battery charger,

• First aid kit,

• Stopwatch,

• One (1) or two (2) - five (5) gallon gas containers, (depending on need),

• Metric tool kit is provided on each loan motorcycle,

• Tire pressure gauge,

• One-hundred (100) foot tape measure and chalk line,

• Fifty (50) - four (4) inch traffic cones,

• BRC or ERC Course Package,

12.1.4 Training Motorcycles used for BRC courses:

12.1.4.1 Any motorcycle model manufactured for on-highway use that meets two (2) of the following three (3) criteria (as published by the original equipment manufacturer/distributor) may be used.

• An engine displacement of 500cc or less

• An unladen weight of 400 pounds or less

• A seat height of 30” or less

12.1.4.2 Provide one of the above for each participant taking part in the on-cycle sessions of the BRC. A minimum of six (6) motorcycles is required per training program. It is recommended that one additional motorcycle be available for use in demonstrations and as a replacement.

12.1.4.3 No motorcycle with a defect which could impair handling or control will be permitted in the program. Off-road motorcycles or extensively modified “choppers” will not be permitted.

12.1.5 Training Motorcycles used for ERC courses:

12.1.5.1 Students in the ERC provide their own motorcycle which must be:

• Properly insured. Students are required to show proof of insurance prior to participating in the riding portions of the class.

• Legally registered and inspected.

• Pass instructor’s pre-ride check. To include checking tires, controls, lights, oil levels, chassis and side stand. Motorcycles with defects that could impair handling or control will not be permitted in the class.

13.0 Supplies

13.1 The following supplies must be provided for or be available for use in each BRC or ERC section as specified:

• Appropriate range layout materials as described in the BRC Instructor’s Guide or ERC Suite

• Sufficient quantities of the State of Delaware Motorcycle Operator’s Manual (MOM) to provide one to each participant

• Adequate amounts of spark plugs, oil, chain lube and gasoline for the motorcycles utilized in the BRC

• Sufficient quantities of BRC or ERC student activity workbooks to provide one to each student

14.0 Insurance

14.1 Contractor recognizes that the contractor is operating as an independent contractor and that the contractor is liable for any and all losses, penalties, damages, expenses, attorney's fees, judgments, and/or settlements incurred by reason of injury to or death of any and all persons, or injury to any and all property, of any nature, arising out of the contractor's negligent performance under this contract, and particularly without limiting the foregoing, caused by, resulting from, or arising out of any act of omission on the part of the contractor in the contractor’s negligent performance under this contract.

14.2 The contractor shall maintain such insurance as will protect against claims under Worker’s Compensation Act and from any other claims for damages for personal injury, including death, which may arise from operations under this contract. The contractor is an independent contractor and is not an employee of the State.

14.3 The contractor shall, at the contractor’s expense, carry insurance of minimum limits as follows:

Comprehensive General Liability

$1,000,000

Medical/ProfessionalLiability

$1,000,000/ $3,000,000

14.4 If the contractual service requires the transportation of Departmental clients or staff, the contractor shall, in addition to the above coverage’s, secure the following coverage:

Automotive Liability(Bodily Injury)

$100,000$300,000

Automotive Property Damage (to others)

$25,000

14.5 Medical insurance coverage of at least five hundred dollars ($500.00) for each student, range aide, primary and assistant instructor participating in any BRC course section.

14.6 Comprehensive and Collision Insurance coverage providing for a total limit of not less than the value of each motorcycle utilized in any Motorcycle Rider Education Program course section less deductibles for damage or loss due to fire, theft and collision.

14.7 Notwithstanding the information contained above, the contractor shall indemnify and hold harmless the State of Delaware, the Department and the Division from contingent liability to others for damages because of bodily injury, including death, which may result from the contractor’s performance under this Contract, and any other liability for damages for which the contractor is required to indemnify the State, the Department and the Division under any provision of this Contract.

14.8 The policies for Liability and Property Damage must be so written to include Professional Liability and Comprehensive General Liability, which includes Bodily Injury and Property Damage insurance to protect against claims arising from the performance of the contractor and the contractor's subcontractors under this Contract.

14.9 The contractor shall provide a Certificate of Insurance as proof that the contractor has the required insurance or a letter indicating a program of self insurance and its limits and availability of funds sufficient to meet the claims.

15.0 Protective Clothing

15.1 All participants are required to wear the following protective gear during BRC or ERC on-cycle instruction:

• Full face or 3/4 helmet that meets US DOT, ANSI Z90.1 standards (no 1/2 helmets)

• Eye protection (Face shield recommended)

• Boots or heavy-soled shoes that cover the ankles and have a low heel, or leather high-top sneakers

• Non-flared denim pants

• Long sleeved jacket or shirt

• A pair of sturdy gloves (no half-gloves)

8 DE Reg. 1724 (6/1/05)

2220 Determining Non-U.S. Citizen Driver License and Identification Card Expiration Dates

2 Del. Admin. Code § 2220 Determining Non-U.S. Citizen Driver License and Identification Card Expiration Dates

2220 Determining Non-U.S. Citizen Driver License and Identification Card Expiration Dates

1.0 Authority

The authority to promulgate this regulation is 21 Del.C. Section 302, 21 Del.C. Section 2715(a), 21 Del.C. Section 3103(a), Chapters 27 and 31 of Title 21, and CFR 37.

2.0 Purpose

This regulation establishes procedures used to implement 21 Del.C. Section 2715(a) and Section 3103(a) that mandate the expiration date on driver license and identification cards issued to temporary foreign nationals be limited to the period of time they are authorized to be in the United States. This will ensure that State identification documents will not be valid if persons have overstayed their authorized visit to this country. Permanent resident foreign nationals may be issued a full 5-year driver license or 4-year identification card. Furthermore, this regulation designates those non-immigrants who are eligible for a Delaware-issued driver license or identification document.

3.0 Applicability

This regulation establishes and clarifies procedures used to determine driver license and identification card expiration dates for immigrant and non-immigrant applicants and specifies those non-immigrants who are eligible for these State-issued documents.

4.0 Substance of Regulation

4.1 Definitions

“Lawful status”: A person in lawful status is a citizen or national of the United States or an alien lawfully admitted for permanent or temporary residence in the United States; has conditional permanent resident status in the United States; has an approved application for asylum in the United States or has entered into the United States in a refugee status; has a valid non-immigrant status in the United States; has a pending application for asylum in the United States; has a pending or approved application for temporary protected status (TPS) in the United States; has approved deferred action status; or has a pending application for lawful permanent resident (LPR) or conditional permanent resident status.

“Permanent resident foreign national”: A lawful immigrant having permanent resident status and Department of Homeland Security (DHS) or Immigration Naturalization Service issued verifiable immigration documents confirming his/her permanent immigration status.

“SAVE”: means the Department of Homeland Security’s Systematic Alien Verification for Entitlements system or any such successor or alternative verification system authorized by the Secretary of the DHS.

“Temporary foreign national”: A lawful non-immigrant alien possessing unexpired passport with visa (if required) or Department of Homeland Security or Immigration and Naturalization Service (INS) document whose non-immigrant status, date of arrival in the United States and authorized length of stay in this country can be verified through a DHS database.

“Temporary lawful status”: a person in temporary lawful status is a person who: has a valid non-immigration status in the United States; has a pending application for asylum in the United States; has a pending or approved application for temporary protected status (TPS) in the United States; has approved deferred action status; or has a pending application for LPR or conditional permanent resident status.

“United States Citizen”: A person who has the following documents will be considered a U.S. citizen: a valid unexpired United States passport; certified copy of a birth certificate issued by a U.S. State or local office of Public Health, Vital Records, Vital Statistics or equivalent office; Consular Report of Birth Abroad issued by the DOS, Form FS-240, DS-1350 or FS-5454; Certificate of naturalization issued by DHS, Form N-550 or Form N-570; or Certificate of Citizenship, Form N-560 or Form N-561 or other documents designated by the DHS to confirm citizenship status.

“Verify” means procedures to ensure: (1) the source document is genuine and has not been altered (i.e. "document authentication") and (2) the identity data contained on the document is valid ("data verification".)

4.2 Basic Immigration Terms and Concepts

4.2.1 Visa

4.2.1.1 Citizens of foreign countries (aliens) generally need visas to enter the United States. A visa is permission to apply to enter the United States. It is a document which is affixed to a page in the passport. The Department of State embassies and consulates abroad issue visas to foreign nationals. A visa does not permit entry to the United States. It simply indicates the application has been reviewed by a United States consular officer and that the officer determined this person is eligible to travel to a United States port-of-entry for a specific purpose. The immigration officer at the port-of-entry decides whether to allow aliens to enter and how long they may stay in this country.

4.2.1.2 Canadian citizens and citizens from Visa Waiver Program countries may enter the United States without a visa if they meet certain requirements. As of October 26, 2004, visa waiver travelers from all 27 Visa Waiver Program countries must present either a machine-readable passport issued by their home country, have a visa, or enter the United States under the Western Hemisphere Travel Initiative.

4.2.1.3 There are two categories of United States visas: immigrant and non-immigrant.

4.2.1.3.1 Immigrant visas are for people who intend to live permanently in the United States

4.2.1.3.2 Non-immigrant visas are for people with permanent residence outside the United States but who wish to be in the United States on a temporary basis, for tourism, medical treatment, business, temporary work, study, etc.

4.2.2 Visa Issue and Visa Expiration Dates

4.2.2.1 The visa issue date and expiration date are shown on the visa. Depending on the alien’s nationality, visas may be issued for any number of entries, from as little as one entry to multiple (unlimited) entries, for the same purpose of travel. The visa remains valid from the date it is issued until the date it expires, or travel for the same purpose, when the visa is issued for multiple entries. For example, tourists with a multiple entry visa can travel to the United States many times without having to apply for a visa before each entry.

4.2.2.2 If an alien overstays the end date of his/her authorized stay, then this action will automatically void or cancel his/her visa. However, if the alien has filed an application in a timely manner for extension of stay or a change in status and that application is pending and not frivolous, and if he/she did not engage in unauthorized employment, then this normally does not automatically cancel his/her visa.

4.2.3 Visa Expiration Date as Opposed to the Authorized Length of Stay

The expiration date for the visa should not be confused with the authorized length of stay in the United States. The United States immigration inspector at port-of-entry determines the length of stay and records this information on the Arrival-Departure Record, Form I-94 or I-94W for the Visa Waiver Program. The visa expiration date has nothing to do with the authorized length of stay in the United States for any given visit. An applicant’s legal status and authorized length of stay is verified using SAVE.

4.2.4 Authorized Length of Stay

The United States immigration inspector may enter a date or “D/S” (duration of status) on the alien’s I-94. In most cases, a specific date will be shown on the I-94 which means the alien must leave this country by that date. Some students, exchange program participants, and certain temporary workers (e.g., foreign diplomats) will be admitted for “duration of status.” They may remain in the United States as long as they continue their courses of study or remain in the exchange program or qualifying employment.

4.3 Verifying Delaware Driver License and Identification Card Expiration Dates

4.3.1 Permanent resident foreign nationals may be issued a Delaware driver license that expires five (5) years after issuance or a Delaware identification card that expires four (4) years after issuance as long as the applicant has lawful status in the United States throughout the period the driver license or identification card is valid. The applicant should have a Permanent Resident Card, Form I-551.

4.3.2 Temporary lawful status: A temporary foreign national’s driver license or identification card will expire on the last day the non-immigrant is authorized to stay in the United States or the date determined by Delaware statute (21 Del.C. Section 2715 or Section 3103), whichever date is more restrictive. If the supporting immigration documents and/or USCIS databases do not designate an authorized length of stay in the United States or the authorized length of stay is annotated “duration of status” or “indefinite,” the Delaware driver license or identification card expiration date will be one year from the date of document issuance, unless supporting documents establish a program end date.

4.3.3 The Delaware driver license or identification card expiration date may not exceed the date the applicant’s legal status in this country expires.

4.3.4 Verification procedure: Because lawful status can change over time, the period of admission will be primarily determined by documents themselves, but with the use of the SAVE system, which can best identify a person's lawful period of admission. However, if SAVE is not operational when the applicant is being issued an identification document, use the documents presented in place of the SAVE and verify the SAVE data a later date when SAVE is again available. To verify data through the SAVE, the applicant must present an immigration document containing an alien registration number or I-94 number.

4.4 Fees

4.4.1 All driver license and identification card applicants will pay the standard fees in effect at the time of application (in accordance with 21 Del.C. Sections 2715 and Section 3103) which are currently $25 for a 5-year license and $20 for a 4-year identification card) even though the expiration dates may be limited based upon immigration status.

4.4.2 Should a non-citizen’s lawful status or immigration document expiration date be extended, the driver license or identification card will be reissued, for no additional fee, to reflect the new authorized length of stay in this country. Adjust the State-issued document’s expiration date to match the authorized length of stay in this country, not to exceed the expiration date established by statute in accordance with 21 Del.C. Section 2715 or Section 3103.

4.4.3 A non-citizen applicant may opt to renew his/her driver license for a full five (5) years or identification card for a full four (4) years in lieu of extending the expiration dates of his/her originally issued documents provided he/she pays the appropriate document fee. The new expiration date will be based upon current statute provided the immigrant’s authorized length of stay in the country is not exceeded.

4.5 DHS and INS Immigration documents

4.5.1 Since every alien over the age of 18 is required to carry his/her immigration documents at all times, Division staff will confirm the immigration status of all non-United States citizens upon initial issuance, renewal and re-issuance of all driver licenses and identification cards. All non-United States citizen driver license and identification card applicants must present the appropriate Immigration and Naturalization Service (INS), United States Citizenship and Immigration Services (USCIS), or other U.S. governmental documents which indicate their current immigration status or application status. The document presented must be valid and not expired. Non-United States citizens must verify his/her legal presence in this country before Delaware will issue a driver license, learner’s permit, transfer an out-of-state driver license, or issue an identification card.

4.5.2 The following list of commonly used immigration documents may be used to verify an alien’s immigration status and authorized length of stay in the United States. A complete list of immigration documents will be updated and circulated to the staff under separate memorandums.

4.5.2.1 Non-immigrant visa. Arrival-Departure Record, Form I-94 (white card) with unexpired passport and visa or I-94W (green card) for the Visa Waiver Program and unexpired foreign passport. The I-94 functions vary to authorize travel, residency, employment or education opportunities within the United States. This document must be accompanied by supporting documentation in accordance with the status descriptions established by the Department of Homeland Security. If the non-immigrant’s authorized length of stay is not annotated on the I-94, verify document with a USCIS office or its database.

4.5.2.2 Students. Foreign students having non-immigrant F-1/F-2, or M-l visa classification should have an I-20 Certificate of Eligibility for Non-immigrant Student Status form along with their unexpired foreign passport and I-94 card. J-1/J-2- visa holders must present a valid DS-2019 or IAP-66.

4.5.2.3 Refugee, asylee and parolee classifications must be accompanied by additional documentation and I-94 stating their immigration status.

4.5.2.4 Permanent Residents. Permanent resident foreign nationals have a Permanent Resident Card (I-551) with a machine-readable immigrant visa with the unexpired foreign passport.

4.5.2.5 I-94 stamped with “processed for I-551.”

4.5.2.6 Attached unexpired temporary I-551 visa.

4.5.2.7 Valid I-551 Resident Alien or Permanent Resident card. Border Crosser cards and USA B-1/B-2 visa BCC cards are not acceptable.

4.5.2.8 Valid I-766, I-688A, I-688B photo Employment Authorization card or I-688 photo Temporary Resident card.

4.5.3 United States citizens must present one of the following documents to prove citizenship: a valid unexpired United States passport; certified copy of a birth certificate issued by a United States, State or local office of Public Health, Vital Records, Vital Statistics or equivalent office; Consular Report of Birth Abroad issued by Department of State, Form FS-240, DS-1350 or FS-5454; Certificate of naturalization issued by DHS, Form N-550 or Form N-570; or Certificate of Citizenship, Form N-560 or Form N-561, or other documents designated by DHS to confirm citizenship status. Once verified, citizens do not have to reconfirm their citizenship status when renewing or being re-issued a driver’s license or identification card document. Except for birth certificates issued by the State, all other documents can be electronically verified through SAVE.

4.6 Electronically Verify Immigration Document Data

4.6.1 The Department of Homeland Security Systematic Alien Verification or Entitlements System (SAVE), if available, or any such successor or alternative verification system will be used by Division staff to verify an immigrant or non-immigrant legal status, name, date of birth, arrival date and authorized length of stay in this country. Federal government documents used to establish citizenship can also be verified using SAVE.

4.6.2 Should a discrepancy exist between the data in SAVE and immigration documents provided by the driver license or identification card applicant, the applicant will be denied a State-issued document and referred to the United States Citizenship and Immigration Service (USCIS) office to rectify the discrepancy.

4.7 Duration of Status (D/S) Procedures

Students, exchange program participants, and certain temporary workers (e.g., foreign diplomats) may be admitted for “duration of status.” The State-issued identification document will expire on the date the education, exchange, or worker program terminates or on the date established by 21 Del.C. Section 2715 or Section 3103, whichever is more stringent. If the applicant is unable to provide a firm date when the program ends, the driver license’s or identification card’s expiration date will be one (1) year from the date of the application and renewable as long as the applicant provides documentation showing he/she is still enrolled in the program. Note: Foreign diplomat driver licenses are issued by the U.S. Department of State and not by the State of Delaware.

4.8 Ineligible Immigration Statuses. Those applicants who are legally in the United States under the following immigration status or holding invalid or expired documents are not eligible for a Delaware-issued driver license or identification card, even if they have established residency in this State:

4.8.1 Those with invalid or expired immigration or passport documents.

4.8.2 Those I-94 holders without a valid INS or USCIS stamp.

4.8.3 Immigration status A-1. Ambassador, public minister, career diplomatic or consular officer and dependents are ineligible, because an “A” status may only be issued a driver’s license from the United States State Department.

4.8.4 Immigration status A-2 for other foreign government officials or employees and dependents unless they are foreign military official and/or their dependents. Foreign military members and their dependents must provide a valid passport, I-94, visa, or assignment orders to be eligible.

4.8.5 Immigration status B-1. Visitor for business.

4.8.6 Immigration status B-2. Visitor for pleasure (tourist.)

4.8.7 Immigration status C-1. Alien in transit through the United States.

4.8.8 Immigration status C-2. Alien in transit to United Nations Headquarters district. Travel limited to 25 miles radius of Columbus Circle in New York.

4.8.9 Immigration status C-3. Foreign government official coming to the United Nations, dependents, attendants, servants, or other personal employees of official in transit through United States.

4.8.10 Immigration status D-1. Alien crew members.

4.8.11 Immigration status G-1. Resident representative of a foreign government to an international organization, plus staff and dependents.

4.8.12 Immigration status WB. Visitor for business (visa waiver program.)

4.8.13 Immigration status WT. Visitor for pleasure (tourist in visa waiver (program.)

4.9 Amending this Regulation. The Division of Motor Vehicles is authorized to publish memorandums to the staff identifying specific immigration documents and forms currently being used by the United States Citizenship and Immigration Services (USICS) regulate immigration procedures and to establish procedures for managing new USCIS programs without revising this regulation. Changes to the ineligibility status list in Section 4.8 must be made by amending this regulation.

5.0 Severability

If any part of this rule is held to be unconstitutional or otherwise contrary to law by a court of competent jurisdiction, said portions shall be severed and the remaining portions of this rule shall remain in full force and effect under Delaware law.

6.0 Effective Date

The following regulation shall be effective 10 days from the date the order is signed, and it is published in final form in the Register of Regulations in accordance with 29 Del.C. Section 10118(e).

11 DE Reg. 1261 (03/01/08)

2221 Use of Translators

2 Del. Admin. Code § 2221 Use of Translators

2221 Use of Translators

1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302 and 29 Del.C. §10115.

2.0 Purpose

This regulation establishes procedures regarding the use of translators for driver license applicants who cannot read or speak English. This regulation also establishes procedures on how a translator may assist an applicant during the Division’s written and road tests.

This regulation does not apply to individuals, who are deaf or hard of hearing, and who are currently provided a sign language interpreter by the Division or who use their own sign language interpreter.

3.0 Applicability

This regulation will enable the Division of Motor Vehicles to maintain the integrity of the driver license written and road test process. This regulation also ensures compliance with Delaware law on the written test portion of the driver license application process and federal law on commercial driver license road tests.

4.0 Delaware Law

Delaware Title 21, Section 2707(b)(5), prohibits the Division from issuing an operator’s or chauffeur’s license to any person who is unable to understand highway warning or directional signs in the English language.

5.0 Substance of Regulation

5.1 Translation services may be provided by any individual the applicant selects.

5.2 Translators may read the questions and answers to the applicant as shown on the Division’s automated test system but will not provide any other assistance during the test. The highway warning and directional sign portion of the test on the automated test system must be taken and passed without any assistance from the translator. Those applicants who fail the automated sign test twice on separate occasions shall be given a paper sign test. The signs shall be shown to the applicant who shall explain the answers to the translator who, in turn, shall provide the answers to the DMV technician. This will ensure the applicant is able to understand highway warning and directional signs in English.

5.3 Translators may provide assistance during the road test portion of Class D road tests by providing a brief overview of the road test requirements and by relaying instructions to the applicant from the DMV technician. Translators will sit in the rear of the vehicle and relay instructions to the applicant from the DMV technician but will not provide any other assistance unless directed to do so by the DMV technician. Federal law prohibits translators for commercial driver license road tests. Translators will provide applicants a brief overview of the parallel parking portion of the road test. The translator will stand next to the DMV technician during the parallel parking portion of the road test and will not provide any other instructions unless directed to do so by the DMV technician.

6.0 Non-compliance

Any applicant whose translator is found speaking during a road test at any time other than when directed by the DMV technician will automatically fail the road test. Translators who assist applicants by providing answers to questions or by pointing out the correct answers will be prohibited from providing translator services in Division facilities.

7.0 Payment of Translator Service Fees

All fees associated with an applicant using a translator shall be the responsibility of the applicant requesting the service and paid for by the applicant.

8.0 Scheduling

An applicant requiring a translator is responsible for scheduling a translator for both the written and road tests.

9.0 Video and Audio Monitoring

The Division may use video and audio devices to monitor translators during the written and road tests. This is done to ensure translators are not providing answers to the applicant.

10.0 Severability

If any part of this rule is held to be unconstitutional or otherwise contrary to law by a court of competent jurisdiction, said portion shall be severed, and the remaining portions of this rule shall remain in full force and effect under Delaware law.

11.0 Effective Date

The following regulation shall be effective 10 days from the date the order is signed, and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e).

12 DE Reg. 77 (07/01/08)

2222 School Bus Driver Qualifications and Endorsements

2 Del. Admin. Code § 2222-1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302, 21 Del.C. §2708, 21 Del.C. §2709.

History

16 DE Reg. 1001 (03/01/13)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
12 DE Reg. 519 (10/01/08)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)

2 Del. Admin. Code § 2222-2.0 Purpose

2.1 This regulation establishes administrative procedures for the issuance, renewal, removal, and reinstatement of the school bus (S) endorsement on a Delaware commercial driver licenses.

2.2 The Division of Motor Vehicles (DMV) uses this regulation to initiate program requirements.

History

16 DE Reg. 1001 (03/01/13)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
12 DE Reg. 519 (10/01/08)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)

2 Del. Admin. Code § 2222-3.0 Applicability

This regulation interprets §2708 and §2709 of Title 21 of the Delaware Code.

History

16 DE Reg. 1001 (03/01/13)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
12 DE Reg. 519 (10/01/08)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)

2 Del. Admin. Code § 2222-4.0 Definitions.

The following words and terms, when used in the regulation, should have the following meaning unless the context clearly states otherwise:

“Commercial Driver License (CDL)” means a driver license issued in accordance with the requirements of 21 Del.C. Chapter 26 which authorizes the holder to operate a certain class or classes of a commercial motor vehicle. The classes of a CDL are as follows:

CDL CLASS A - Required for the operation of vehicles with a registered, actual or gross vehicle weight rating (GVWR) of 26,001 or more pounds and the vehicle is towing a vehicle with a registered, actual or GVWR of 10,000 or more pounds. The holder of a Class A CDL may, with proper endorsement, operate any Class B or Class C vehicle.

CDL CLASS B - Required for the operation of vehicles with a registered, actual or GVWR of 26,001 or more pounds and not towing a vehicle with a GVWR of 10,000 or more pounds. The holder of a Class B CDL may, with proper endorsement, operate any Class C vehicle.

“Commercial Learner Permit (CLP)” means a commercial learner permit issued pursuant to 21 Del.C. §2608(d).

“Commercial Motor Vehicle (CMV)” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

“Endorsement, (P)” means an endorsement that authorizes a driver to transport passengers in all classes of commercial motor vehicles.

“Endorsement, (S)” means an endorsement that indicates the CLP/CDL holder meets the requirements of 21 Del.C. §2708 and this regulation and is authorized to operate a school bus. The CLP/CDL (S) endorsement must also be accompanied by a (P) endorsement and any necessary restrictions that may be applicable.

“Green Card” means a card issued by the district/school transportation supervisor that certifies satisfactory completion of an annual Delaware Department of Education (DOE) physical certification. The Green Card is to be in the immediate possession of the school bus driver at all times, while operating or in control of a school bus except when in possession of a CDL permit and undergoing training or evaluation and accompanied by a Certified Delaware School Bus Driver Trainer.

"Restriction, (L)" means a limitation that restricts the driver from operating any CMV which is equipped with air brakes.

“Restriction, (M)” means a limitation that restricts the driver from operating any CMV Class A passenger vehicle.

“Restriction, (N)” means a limitation that restricts the driver from operating any CMV Class A and B passenger vehicle.

“Restriction, (P)” means a limitation that restricts the driver from operating any CMV with passengers.

“Road Test” means a 3 part skills test in a commercial motor vehicle that includes a vehicle pre-trip safety inspection evaluation, a vehicle skills maneuver evaluation, and an on-road driving skills evaluation.

“School Bus” as specified by 21 Del.C. §2603(29) means a commercial motor vehicle used to transport pre-primary, primary or secondary school students from home to school, from school to home, or to and from school-sponsored events, or any vehicle which meets the regulatory requirements adopted by the Department of Education with the advice of the Division of Motor Vehicles as specified under 14 Del.C. §2901. School Bus does not include a bus used as a common carrier.

“Yellow Card” means a card issued by the district/school transportation supervisor that certifies satisfactory completion of DOE requirements for an (S) endorsement as specified in 21 Del.C. §2708. The applicant will surrender the Yellow Card to the DMV when the applicant’s school bus endorsement is issued. The DMV will forward the Yellow Cards to DOE.

History

16 DE Reg. 1001 (03/01/13)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
12 DE Reg. 519 (10/01/08)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)

2 Del. Admin. Code § 2222-5.0 Substance of Policy

5.1 Procedures.

5.1.1 Basic Requirements:

5.1.1.1 Basic. School bus drivers are required to have been issued and have in their possession, while driving a school bus, a CDL with an (S) endorsement, a (P) endorsement, any applicable restrictions, and a valid physical examination certification (Green Card).

5.1.1.2 Exceptions. These exceptions are only for drivers undergoing school bus training and evaluation.

5.1.1.2.1 Basic Training. For training and evaluation a driver may drive a school bus with a valid CLP containing the proper passenger endorsements and applicable restrictions (P, S, M, N, L), but only when accompanied by a DOE Certified Delaware School Bus Driver Trainer (CDSBDT) or a DMV Examiner. In addition, for vehicle maneuvering skills training, a driver may drive a school bus with a valid CLP containing the proper passenger endorsements and applicable restrictions (P, S, M, N, L) when accompanied by a driver with a valid CDL with an (S) endorsement and other applicable endorsements/restrictions.

5.1.1.2.2 45-Day Temporary (S) Endorsement for Classroom Training Unavailability. If a driver has completed all DMV CDL requirements, including the DMV road test, and the DOE 4 hours of on-bus training, the DMV may, upon specific written DOE request, issue a CDL license along with a one-time only temporary (S) endorsement for a period not to exceed 45 days. This temporary (S) endorsement allows the driver to carry students upon successful completion of the last 2 hours of DOE on-board training, if all other (S) endorsement requirements have been met. This temporary (S) endorsement is intended for the driver who, due to exceptional circumstances, has been unable to complete the DOE classroom training. This temporary (S) endorsement will only be issued one time and cannot be extended.

5.1.1.2.3 Temporary (S) Endorsement Conversion. The DMV will convert the temporary (S)-endorsed CDL to an (S)-endorsed CDL upon receipt of certification (Yellow Card) issued to the applicant by the district/school transportation supervisor (subsection 5.1.2.11 of this regulation) indicating that the required training has been completed. The DMV will forward the Yellow Cards to DOE.

5.1.2 Initial Issuance Requirements: All of the following requirements shall be met by all new applicants applying for an (S) endorsement. Drivers must:

5.1.2.1 Be 18 years of age or older with at least one (1) year of valid driving experience.

5.1.2.2 Have a valid Delaware Class D driver license or CDL with a (P) endorsement.

5.1.2.3 Pass the applicable knowledge tests administered by the DMV containing specific content as required by 49 C.F.R. 383.123(a)(2).

5.1.2.4 Obtain a Delaware CLP with (P) and (S) endorsements and (M or N) and (P) restrictions.

5.1.2.5 Complete a driver training course with specific course content as determined by 49 C.F.R. 383.123(a)(2) and DOE requirements as specified in 21 Del.C. §2708(b)(3).

5.1.2.6 Pass a road test in a school bus administered by the DMV as required by 49 C.F.R.383.123 (a)(3). NOTE: Per 49 C.F.R. 383.25 (e), an applicant must hold a CLP for a minimum of 14 days before they are eligible to receive a road test by the DMV.

5.1.2.7 Not have more than five (5) points (full point value) on the applicant’s three (3) year driving record. NOTE: Recalculated points and the Defensive Driving Course three (3) point credits do not apply to (S) endorsement holders in meeting this requirement.

5.1.2.8 Not have had the applicant’s license suspended, revoked or disqualified in this State or any other jurisdiction for moving violations in the last five (5) years. This five (5) year period will begin from the date the suspension, revocation or disqualification has been cleared. Certified driving records from other jurisdictions may be requested from these applicants for the DMV to verify compliance with this section.

5.1.2.9 Never been convicted of any crime under the laws of this State or any other jurisdiction as specified in 21 Del.C. §2708(b)(7).

5.1.2.9.1 Prior to being issued an (S) endorsement applicants must complete a Federal Bureau of Investigation and a State Bureau of Identification criminal background check to verify that they are clear of any disqualifying crime as specified in 21 Del.C. §2708(b)(7) and to ensure applicants are qualified in accordance with 5.1.2.9 above.

5.1.2.9.2 Criminal background checks will be reviewed by the Department of Transportation’s (DOT) Deputy Attorney General. The DOT Deputy Attorney General will forward the criminal background check issuance recommendation, to the DMV.

5.1.2.9.3 Once the criminal background check is issued by the State Bureau of Identification for the purpose of obtaining an (S) endorsement, it is valid for a period of six months. An (S) endorsement applicant presenting an outdated criminal background check must apply for a new criminal background check and pay appropriate fees.

5.1.2.10 Have a valid physical examination certification (Green Card).

5.1.2.11 The applicant will be issued a School Bus Driver’s Certificate (Yellow Card) by a district/school transportation supervisor as certification of DOE requirements being completed as specified in 21 Del.C. §2708(b)(3). The applicant will surrender the Yellow Card to the DMV when the applicant’s (S) endorsement is issued. The DMV will forward the Yellow Cards to DOE.

5.1.2.12 Drivers transferring into Delaware with a valid, jurisdiction school bus endorsed license are authorized to transfer into Delaware once they meet the requirements set forth by the Delaware Department of Education and in 21 Del.C. §2708. Upon failure to meet the Delaware Department of Education’s requirements, the applicant must meet all requirements set forth in subsection 5.1.2 of this regulation.

5.1.2.12.1 Transferring (S) endorsement holders shall provide a certified five (5) year motor vehicle driving record from their previous jurisdiction or jurisdictions to the DMV. The DMV will electronically validate transferring (S) endorsement holders’ motor vehicle records. If the electronic check is unable to be performed, transferring (S) endorsement holders will need to provide an official certified copy of their motor vehicle driving records to the DMV. The DMV will ensure these driving records meet the requirements in subsection 5.1.2.7 and subsection 5.1.2.8.

5.1.2.12.2 Not have more than five (5) points (full point value) on the applicant’s three (3) year driving record. NOTE: Recalculated points and the Defensive Driving Course three (3) point credits do not apply to (S) endorsement holders in meeting this requirement.

5.1.2.12.3 Not have had the applicant’s license suspended, revoked or disqualified in this State or any other jurisdiction for moving violations in the last five (5) years. This five (5) year period will begin from the date the suspension, revocation or disqualification has been cleared. Certified driving records from other jurisdictions may be requested from these applicants for the DMV to verify compliance with this section.

5.1.2.12.4 Never been convicted of any crime under the laws of this State or any other jurisdiction as specified in 21 Del.C. §2708(b)(7).

5.1.2.12.5 Prior to being issued an (S) endorsement applicants must complete a Federal Bureau of Investigation and a State Bureau of Identification criminal background check to verify that they are clear of any disqualifying crime as specified in 21 Del.C. §2708(b)(7) and to ensure applicants are qualified in accordance with subsection 5.1.2.9 above.

5.1.2.12.6 Criminal background checks will be reviewed by the Department of Transportation’s (DOT) Deputy Attorney General. The DOT Deputy Attorney General will forward the criminal background check issuance recommendation, to the DMV.

5.1.2.12.6.1 Once the criminal background check is issued by the State Bureau of Identification for the purpose of obtaining an (S) endorsement, it is valid for a period of six months. An (S) endorsement applicant presenting an outdated criminal background check must apply for a new criminal background check and pay appropriate fees.

5.1.2.13 In accordance with subsection 5.1.2.11, applicants will be issued a School Bus Driver’s Certificate (Yellow Card) by district/school transportation supervisors.

5.1.2.14 Have a valid physical examination certification (Green Card).

5.1.2.15 Successfully completed training in a previous state of record, validated by Delaware Department of Education.

5.1.2.16 Any driver with an (S) endorsement that was issued the (S) endorsement in Delaware who has transferred his driver license out of Delaware and subsequently is attempting to transfer back into the State of Delaware may do so within 6 months of leaving the State without having to complete the requirements as outlined in subsection 5.1.2 of this regulation.

5.1.3 Removal of School Bus Endorsements:

5.1.3.1 All (S) endorsement removals, except those under subsection 5.1.3.9, will be approved by the Chief of Driver Services, the CDL Program Manager or the CDL Management Analyst.

5.1.3.2 The (S) endorsement will be removed when driving privileges are withdrawn for any reason.

5.1.3.3 The (S) endorsement will be removed when a driver’s record exceeds eight (8) points (full point value) for moving violations on the driver’s three (3) year driving record. NOTE: Recalculated points and the Defensive Driving Course three (3) point credits do not apply to (S) endorsement holders in meeting this requirement.

5.1.3.4 The (S) endorsement will be removed when the DMV is made aware of a conviction of a disqualifying crime as specified in 21 Del.C. §2708(b)(7).

5.1.3.5 The (S) endorsement will be removed when the DMV receives in writing, a report from a physician that a driver is not medically qualified to operate a motor vehicle or a commercial motor vehicle as specified in 21 Del.C. §2733(a)(3).

5.1.3.6 The (S) endorsement will be removed if a driver downgrades from a CDL to a Class D license.

5.1.3.7 Any driver that has an (S) endorsement and is required to register as a sex offender with the DMV pursuant to 11 Del.C. §4120 and § 4121, shall have the (S) endorsement removed.

5.1.3.8 The DMV will notify the (S) endorsement holder and the DOE, in writing, when an (S) endorsement is removed from a license including the reason for removal. This notification will entitle the (S) endorsement holder to request a DMV hearing and will also require the (S) endorsement holder to notify his employer when the endorsement is removed.

5.1.3.9 The (S) endorsement will be removed when the DMV receives in writing, a notice from the DOE that a driver does not meet the requirements to retain the (S) endorsement.

5.1.4 School Bus Endorsement Reinstatement: An (S) endorsement, once removed, may be reinstated if all other DMV and DOE licensing requirements are met. If the (S) endorsement is withdrawn for one year or more, the driver will need to retake all DMV (S) endorsement testing requirements, pay appropriate fees, and provide DMV with a new School Bus Driver’s Certificate (Yellow Card).

5.1.4.1 If the (S) endorsement was removed for points, the driver shall be eligible for reinstatement once the full point total on his three (3) year driving record falls to eight (8) points or below. NOTE: Recalculated points and the Defensive Driving Course three (3) point credits do not apply to school bus drivers in meeting this eligibility.

5.1.4.2 If the (S) endorsement was removed due to a suspension for a non-moving violation, the driver shall be eligible to reapply for the (S) endorsement upon the reinstatement of driving privileges given the period of suspension did not exceed one year.

5.1.4.3 If the (S) endorsement was removed due to a suspension, revocation or disqualification for moving violations, the driver shall be eligible to reapply for the (S) endorsement five (5) years from the date the suspension, revocation or disqualification has been cleared, as long as there are no further violations incurred affecting eligibility during this time period.

5.1.4.4 If the (S) endorsement was removed due to a medical reason, the driver may be eligible for reinstatement once approved by the DMV.

5.1.4.5 If the driver voluntarily downgrades from an (S) endorsed CDL to a Class D license and then the driver wishes to reinstate the (S) endorsed CDL, the driver will be required to meet the initial issue requirements in accordance with subsection 5.1.2 of this regulation. If the downgrade has been over one (1) year, a new School Bus Driver’s Certificate (Yellow Card) shall be required.

5.1.4.6 Any driver that has been convicted of a disqualifying crime as outlined in 21 Del.C. §2708(b)(7)(a-f) will never be eligible for an (S) endorsement or reinstatement regardless of the amount of time since the conviction.

5.1.4.7 After five (5) years has passed since the completion of all sentencing requirements resulting from the conviction of any other felony crime, other than those listed in 21 Del.C. §2708(b)(7)(a) through (f), and which have not been pardoned, then 21 Del.C. §2708(b)(7)(g) applies, and the driver must reapply as a new applicant for an (S) endorsement. The DMV may seek the guidance of the DOT Deputy Attorney General in these situations.

5.2 Driver’s Status, Records and Record’s Review: The following shall apply concerning the driving records and the status of all Delaware-licensed school bus drivers.

5.2.1 Upon a request from the DOE, a school district or a school bus contractor, the DMV shall provide a copy of a school bus driver’s Delaware driving record free of charge. These agencies shall certify on DMV forms that they understand and will comply with the Delaware Privacy Act provisions as found in 21 Del.C. §305.

5.2.2 The DMV shall at any time review the driving records of all Delaware-licensed school bus drivers to ensure they continually meet school bus qualification requirements. This review is accomplished through a computerized search of records for violations, which may result in the removal of an (S) endorsement and notification to the driver and the DOE. Although not a prerequisite to a suspension, revocation or removal of an endorsement the DMV will attempt to send warning letters to (S) endorsement holders. Copies of such letters will be sent to the DOE, when an (S) endorsement holder’s driving record indicates a situation where additional violations could readily result in the withdrawal of driving authority or the (S) endorsement.

5.2.3 Drivers moving to Delaware and requesting an (S) endorsement shall provide to the DMV a copy of their driving record(s) for the previous five (5) years from the driver’s former state(s) of record. The DMV will electronically check the drivers’ motor vehicle records. If the electronic check is unable to be performed, the driver will need to provide an official certified copy of his motor vehicle driving record to the DMV.

History

16 DE Reg. 1001 (03/01/13)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
12 DE Reg. 519 (10/01/08)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)

2 Del. Admin. Code § 2222-6.0 Severability

History

16 DE Reg. 1001 (03/01/13)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
12 DE Reg. 519 (10/01/08)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)

2 Del. Admin. Code § 2222-7.0 Effective Date

This regulation shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e).

History

16 DE Reg. 1001 (03/01/13)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)
12 DE Reg. 519 (10/01/08)
16 DE Reg. 1001 (03/01/13)
19 DE Reg. 936 (04/01/16)
24 DE Reg. 407 (10/01/20)

2223 Ignition Interlock Device Installation, Removal and Monthly Monitoring and Calibration Fees

2 Del. Admin. Code § 2223-1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §4177G.

History

25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)

2 Del. Admin. Code § 2223-2.0 Purpose

21 Del.C. §4177G established a program utilizing the Ignition Interlock device for those individuals with an alcohol-related violation or offense. After surveying the fees charged by surrounding jurisdictions for similar services, this policy regulation will establish a fee schedule for all expenses related to installation and lease of the device.

History

25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)

2 Del. Admin. Code § 2223-3.0 Applicability

This policy regulation concerns 21 Del.C. §4177G.

History

25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)

2 Del. Admin. Code § 2223-4.0 Substance of Policy

4.1 Installation of Device

4.1.1 All persons who voluntarily or as a result of a court order, install an Ignition Interlock device in a motor vehicle monitored in conjunction with the Division of Motor Vehicles, will be charged a fee by the provider for that service, and this fee will include the cost of removing the device at the termination of the program.

4.1.2 The service providers shall charge a fee not to exceed $100.00 for installation of the Interlock device, but this amount includes a rebate of $30.00 which will be returned to the client at the time of removal. This fee shall be the responsibility of the clients.

4.2 Monthly Monitoring & Calibration

4.2.1 All persons with an Ignition Interlock device installed in a vehicle monitored in conjunction with the Division of Motor Vehicles, shall be charged a fee for the monthly electronic monitoring and regular calibration of the device.

4.2.2 The service providers shall charge a fee not to exceed $75.00 for monthly monitoring and calibration. This fee shall be the responsibility of the clients.

4.3 Initial down Payment. The initial payment will include the installation fee and the first month’s monitoring and calibration. The initial payment, therefore, shall not exceed $175.00 and the bi-monthly payment shall not exceed $150.00.

4.4 Other Fees. The Division of Motor Vehicles recognizes that Service providers may charge fees for other services outside the scope of this policy regulation, including but not limited to fees for missed appointments, device resets, and optional insurance programs relating to damage or loss of the device.

4.5 Definition of Alcohol Related Violations and Offenses. For purposes of this policy regulation, alcohol-related violations and offenses shall mean violations of Sections 2740, 2742, 4177, 4177B, 4175 of Title 21, conforming statutes of other states or the District of Columbia, or local ordinances in conformity therewith.

History

25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)

2 Del. Admin. Code § 2223-5.0 Severability

If any part of this Regulation is held to be unconstitutional or otherwise contrary to law by a court of competent jurisdiction, said portion shall be severed and the remaining portions of this Regulation shall remain in full force and effect under Delaware law.

History

25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)

2 Del. Admin. Code § 2223-6.0 Effective Date

The following regulation shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e). The effective date of the revisions is March 11, 2022.

History

25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)
25 DE Reg. 874 (03/01/22)

2224 Defensive Driving Course, Providers, and Instructors

2 Del. Admin. Code § 2224-1.0 Authority

This regulation is adopted pursuant to 18 Del.C. §2503(6). The authority to promulgate is in accordance with 21 Del.C. §302 and the procedures specified in the Administrative Procedures Act, 29 Del.C. Ch. 101.

History

24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
18 DE Reg. 708 (03/01/15)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)

2 Del. Admin. Code § 2224-2.0 Purpose

The purpose of this regulation is to provide criteria for certification of Motor Vehicle Accident Prevention Courses, commonly referred to as Defensive Driving Courses and Instructors.

History

24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
18 DE Reg. 708 (03/01/15)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)

2 Del. Admin. Code § 2224-3.0 Definitions

The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:

"Classroom courses" means a defensive driving program conducted with students and instructors in a location common to all. These courses may include the use of audio/visual aids or materials.

“DDC” means Defensive Driving Course.

"Division" or “DMV” means the Delaware Division of Motor Vehicles.

“DMV Participant Letter” means a letter provided by the Division that is required to be given to the participant at registration or completion of the course offering student feedback.

“HAWK” means high intensity activated crosswalk.

"Instructors" means those who are authorized to instruct course material for certified DDC courses offered by Providers.

"On-line courses" means instruction provided online or offline through the use of a computer (or digital reader) including the use of CD-ROMS or similar pre-recorded media or websites.

"Providers" means corporate sponsor for any course as well as the individual who signs the application for the course.

History

24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
18 DE Reg. 708 (03/01/15)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)

2 Del. Admin. Code § 2224-4.0 Certification Criteria for Defensive Driving Course

4.1 The Division may certify courses that meet the following requirements:

4.1.1 The Basic Course must include all material from subsections 6.1.1 to 6.1.17 of this regulation.

4.1.2 The Refresher Course must include all material from subsections 6.1.1 to 6.1.7 and at least seven of the requirements found in subsections 6.1.8 to 6.1.17.

4.1.3 The Teen Basic Course shall include all material required for the Basic Course and, at a minimum, the following:

4.1.3.1 Zero Tolerance Law;

4.1.3.2 Graduated Driver License (GDL);

4.1.3.3 Use of cell phones and other technology while driving;

4.1.3.4 Speed and how it impacts driving performance;

4.1.3.5 Backing of vehicle; and

4.1.3.6 Vehicle distractions, including but not limited to:

4.1.3.6.1 Passengers;

4.1.3.6.2 Radio; and

4.1.3.6.3 Eating.

4.1.4 The Experienced Driver Course shall include all material required for the Basic or Refresher Course and, at a minimum, the following additional information:

4.1.4.1 Health factors and how they may affect driving;

4.1.4.2 Backing of vehicle;

4.1.4.3 Inattentiveness and confusion behind the wheel;

4.1.4.4 Travel time and route selection for optimal driving conditions; and

4.1.4.5 Techniques to gain increased time for decisions such as recognizing hazards:

4.1.4.5.1 Driving in unfamiliar areas;

4.1.4.5.2 Construction zones;

4.1.4.5.3 Dealing with a tailgater; and

4.1.4.5.4 Intersection driving in rural area.

4.1.5 The Division shall have the right to approve a course that is geared to a specific demographic.

4.1.5.1 The course must meet the minimum requirements set forth in subsection 4.1.1 or 4.1.2;

4.1.5.2 The course must contain material specific to the requested demographic;

4.1.5.3 The authority and support for demographic-specific material must be provided at time of application and is subject to review and audit by the Division.

4.2 In order to become a Defensive Driving Provider, an application for certification must be submitted to the Division.

4.2.1 Classroom Course:

4.2.1.1 An application shall include the following:

4.2.1.1.1 A copy of all instructor materials, testing materials, and curriculum utilized for course instruction. Materials include but are not limited to:

4.2.1.1.1.1 Lesson plan;

4.2.1.1.1.2 Instructor manual;

4.2.1.1.1.3 Visual presentation aides; and

4.2.1.1.1.4 All written materials provided to students regarding course instruction.

4.2.1.1.2 Sufficient documentation showing that the locations are in compliance with all state and local business license and zoning regulations, with all federal, state, local health, fire, building code requirements, and provisions of physical access to persons with disabilities to the Division. This shall include, but not be limited to:

4.2.1.1.2.1 A copy of a valid business license and for those entities required to register with the Delaware Division of Corporations a certificate of good standing for the State of Delaware. The name on the license shall match the name advertised on the website and certificate. State of Delaware agencies are exempt from this requirement.

4.2.1.2 Instructional requirements for classroom instruction shall include the following:

4.2.1.2.1 A classroom course may be offered in a virtual setting or environment. This shall be offered on a secure platform where recording can be performed during presentation of material. Attendance shall be confirmed with on screen visual evidence of the student's participation. Recordings of these classes shall be held by the provider for 3 years for purpose of auditing.

4.2.1.2.2 Each student must receive a minimum of six hours of instructional time for the Basic Course and a minimum of three hours of instructional time for the Refresher Course;

4.2.1.2.3 Registration shall be completed prior to beginning of any instruction and shall not be counted as instructional time;

4.2.1.2.4 Each instructional hour shall consist of not less than an average of 50 minutes devoted to the presentation of course curriculum;

4.2.1.2.5 Post instructional quiz or testing shall not be required by the Division. However, if post quiz or testing is provided, it shall:

4.2.1.2.5.1 Not be counted as instructional time;

4.2.1.2.5.2 Include minimum of two questions related to subsection 6.1.1.

4.2.1.3 Providers shall require the following for classroom instruction:

4.2.1.3.1 That certified instructors present information in a manner consistent with the approved curriculum;

4.2.1.3.2 Ensure that certified instructors are present during all periods of instructional time and maintain an atmosphere appropriate for learning;

4.2.1.3.3 Ensure that all material required to be covered by this regulation shall be discussed by the certified instructor; and

4.2.1.3.4 Have the instructor obtain the student's driver license number as part of the student registration prior to permitting the student access to the course materials.

4.2.2 Online Course:

4.2.2.1 Each Application shall include the following:

4.2.2.1.1 All curriculum and testing material used in connection with an online course, including but not limited to all materials available to students regarding an online course, must be submitted in static format for review and approval;

4.2.2.1.2 Free site access to online courses for the Division for purposes of verification of compliance;

4.2.2.1.3 A toll-free telephone line staffed by knowledgeable customer service personnel who can assist with content-based questions, number must be present on the website prior to the course registration page; and

4.2.2.1.4 A copy of a valid business license or corporation in good standing for the State of Delaware, name on the license shall match the name advertised on the website and certificate. State of Delaware agencies are exempt from this requirement.

4.2.2.2 Testing requirements for Online Courses:

4.2.2.2.1 Each provider shall require each student to take a final exam with a minimum of 25 questions, at least two (2) of which must be related to subsection 6.1.1;

4.2.2.2.2 To receive credit for the course, a student must receive a passing score of 80% or better; and

4.2.2.2.3 Individual unit/chapter testing shall not be required by the Division. However, if unit/chapter testing is a curriculum requirement of the provider, it shall:

4.2.2.2.3.1 Not be counted as instructional time; and

4.2.2.2.3.2 Include a minimum of two questions related to subsection 6.1.1.

4.2.2.3 Providers shall obtain the student's driver license number as part of the student registration prior to permitting the student access to the course materials. Each student must complete an online affidavit with a verification that the student is the person who completed the course, is receiving the completion certificate, and understands that making an unsworn falsification is a violation of 11 Del.C. §1233 of the Delaware Crimes Code, subjecting a violator to fine, imprisonment, or both.

4.2.3 If the course is offered in any language other than English, the provider must have a translation of the course from a certified third-party translator in that particular language. The provider will supply a static copy of the course as it is presented to the student, the English translation of the course, and the accreditation of the company providing the service.

4.2.4 Providers must notify the Division of each student's successful completion of the course in the manner required by the Division. Notification must be made within fourteen days of the course completion.

4.2.5 Providers must utilize and maintain its own proprietary teaching or testing materials or teaching and testing properly obtained by a third party under a written license agreement. The provider of an online course may not submit an original course application for a course previously approved by the Division and owned or licensed to another provider.

4.2.6 Providers must maintain proof that any instructor the provider uses meets the requirements set forth in subsection 5.1 of this regulation. The Division has the right to require this documentation upon request and to audit eligibility requirements at any point.

4.2.7 The Division may provide procedural guidelines and directives through the use of email, bulletins, or letters.

4.2.8 The Division requires a certification fee of $150 for each course at time of application. This fee shall be collected for each approved course. State of Delaware agencies are exempt from this requirement.

4.3 Providers who have submitted material that is deemed not to meet the regulation requirements shall be denied.

4.4 The provider shall:

4.4.1 Provide all students with a copy of the DMV Participant Letter, in a manner approved by the Division;

4.4.2 Provide information on how and when the participant will receive the course completion certificate and how the Division will be notified;

4.4.3 Provide information on benefits upon completion of course, including but not limited to:

4.4.3.1 Provide information on the 10% and 15% premium discounts; and

4.4.3.2 Provide information on how the administrative 3-point credit is applied on the driving record.

4.4.4 Provide statistics not older than 3 years from date of certification if any statistics are cited during the course. Statistics used in this course shall contain the year statistics were compiled;

4.4.5 Supply students who present a valid Delaware driver license or identification card from the Division with a free certificate upon completion of a DDC course. This shall include at a minimum:

4.4.5.1 Full name of student;

4.4.5.2 Date of completion;

4.4.5.3 Name of course provider;

4.4.5.4 Name of course completed; and

4.4.5.5 Provider's authorized signature.

4.5 Course certifications shall expire three (3) years after approval date. Providers shall submit applications for recertification no earlier than six (6) months and no later than 30 days prior to expiration. Applications for recertification received in this time shall be deemed approved until the Division has acted on the application.

4.5.1 The course recertification application shall include all the requirements set forth in subsection 4.2 of this regulation.

4.5.2 In the case the application is not complete or is not received within the time frame in subsection 4.5, certification shall expire on the three-year anniversary date and those courses shall be decertified until such time as approval is granted.

History

24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
18 DE Reg. 708 (03/01/15)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)

2 Del. Admin. Code § 2224-5.0 Instructor Certification Requirements

5.1 To become a Defensive Driving Instructor, one must apply for certification to the Division. All instructors shall:

5.1.1 Be a licensed driver for a minimum of thirty-six consecutive months;

5.1.2 Be a high school graduate or have a G.E.D.;

5.1.3 Have the instructor’s driving record reviewed.

5.1.3.1 If the instructor is a licensed Delaware driver, the Division will review the driving record.

5.1.3.2 If the instructor is a licensed driver of another state, the applicant will provide a three (3) year certified copy of the instructor’s out of state driving record showing:

5.1.3.2.1 Valid driver license status;

5.1.3.2.2 No more than four (4) points; and

5.1.3.2.3 At least three (3) years has passed from the clearance date of any suspension or revocation.

5.1.4 Have no felony convictions during the past five (5) years and no criminal convictions evidencing any crime or improper conduct, involving violence, dishonesty, indecency, degeneracy or moral turpitude. The Division may require a criminal history background check of all applicants for an instructor's certification.

5.1.5 Include with their application a certification that the following requirements have been met for each instructor applicant:

5.1.5.1 A minimum of twelve (12) hours of training classes taught by a certified defensive driving instructor; and

5.1.5.2 A minimum of six (6) of those hours shall be observation and six (6) of those hours shall be presentation.

5.2 Instructor certification for a new provider shall provide documentation showing experience in instruction of a similar material and be exempt from subsection 5.1.5 within the first six months of approval.

5.3 Instructor certifications shall expire on the same day and date as the sponsoring course provider’s certification date. Instructors shall submit applications for recertification no earlier than six (6) months and no later than 30 days prior to expiration. Applications for instructor recertification received in this time shall be deemed approved until the Division has acted on the application.

5.4 Instructor recertification applications shall include all the requirements of subsection 5.1 and certify that:

5.4.1 Applicant has instructed at least twelve (12) hours of DDC in the previous calendar year; and

5.4.2 Applicant has attended any supplemental training by the provider or by the Division.

5.5 In a case where the application is not complete or is not received within the time frame listed in subsection 5.3, certification shall expire on the three-year anniversary date and the instructor shall be decertified until such time as approval is granted.

History

24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
18 DE Reg. 708 (03/01/15)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)

2 Del. Admin. Code § 2224-6.0 Course Content Requirements

6.1 Each DDC shall be based upon State of Delaware traffic laws, defensive driving, and collision prevention techniques. The course materials for each defensive driving course shall include, at a minimum, the following:

6.1.1 Discussion of interaction with law enforcement during traffic stop, including but not limited to:

6.1.1.1 An individual’s constitutional and other legal rights during a traffic stop;

6.1.1.2 Laws regarding questioning and detention by a law enforcement officer, proof of identity and consequences for failure to comply;

6.1.1.3 The role and procedures of a law enforcement officer in general and during a traffic stop;

6.1.1.4 What to do and expect when stopped by law enforcement; and

6.1.1.5 How and where to file a compliment on behalf of, or a complaint against a law enforcement officer.

6.1.2 Discussion on traffic laws and patterns, including but not limited to:

6.1.2.1 Intersections and right of way;

6.1.2.2 Traffic patterns, such as diverging diamond and roundabouts;

6.1.2.3 Railroad crossing;

6.1.2.4 Traffic devices, including but not limited to:

6.1.2.4.1 Active traffic control devices for pedestrian crossing such as HAWK signals and rectangular rapid flashing beacons.

6.1.3 Discussion pertaining to the use of alcohol and legal/illegal drugs and how they can impair a driver, including but not limited to:

6.1.3.1 Delaware law on impaired driving; and

6.1.3.2 Techniques when encountering a potentially impaired driver.

6.1.4 Discussion of work zone safety, including but not limited to:

6.1.4.1 Speed requirements through active work zone;

6.1.4.2 Following flagger instructions; and

6.1.4.3 Shifting or narrowing of lanes.

6.1.5 Discussion of situations on the road with vulnerable users, including but not limited to:

6.1.5.1 Discussion of bicycle awareness and rights, including but not limited to:

6.1.5.1.1 Yielding to bicycles;

6.1.5.1.2 Space needed for passing and bicycle safety;

6.1.5.1.3 A bicycle being pushed by the rider has the same rights and responsibilities as a pedestrian;

6.1.5.1.4 A bicycle ridden on the roadway has the same rights and responsibilities as other motor vehicles; and

6.1.5.1.5 Anticipating potential conflicts and hazards involving cyclists.

6.1.5.2 Discussion of pedestrian awareness and special safety situations, including but not limited to:

6.1.5.2.1 Pedestrian safety;

6.1.5.2.2 Yielding to pedestrians; and

6.1.5.2.3 White Cane Law.

6.1.6 Discussion of techniques in various driving situations involving other vehicles or users of the road, including but not limited to:

6.1.6.1 School buses; and

6.1.6.2 Emergency vehicles right of way and Move Over Law.

6.1.7 Discussion of motorcycle awareness and special safety situations specific to operating a vehicle near a motorcycle, including but not limited to:

6.1.7.1 Reduced visibility of motorcyclists;

6.1.7.2 Increase following distance; and

6.1.7.3 Stopping distance versus a larger vehicle stopping distance.

6.1.8 Discussion of vehicle technology and how it relates to driver safety.

6.1.9 Discussion pertaining to distractions, including but not limited to:

6.1.9.1 Electronic devices;

6.1.9.2 Interacting with a passenger;

6.1.9.3 Reading;

6.1.9.4 Eating;

6.1.9.5 Billboards;

6.1.9.6 Animals;

6.1.9.7 Car accidents; and

6.1.9.8 Disabled vehicles.

6.1.10 Discussion of elements pertaining to defensive driving, including but not limited to:

6.1.10.1 The condition of the driver including, but not limited to:

6.1.10.1.1 Fatigue;

6.1.10.1.2 Physical conditions;

6.1.10.1.3 Mental conditions; and

6.1.10.1.4 Disabilities.

6.1.10.2 How environmental factors affect the driver, such as sun glare and weather including, but not limited to:

6.1.10.2.1 Rain;

6.1.10.2.2 Fog;

6.1.10.2.3 Sleet;

6.1.10.2.4 Hail; and

6.1.10.2.5 Snow.

6.1.10.3 Aggressive driving and road rage, including, but not limited to:

6.1.10.3.1 Identifying an aggressive driver vs road rage; and

6.1.10.3.2 Provide appropriate defensive driving techniques for handling aggressive drivers or road rage.

6.1.11 Discussion of proper defensive driving practices including, but not limited to:

6.1.11.1 Pavement line markings including, but not limited to:

6.1.11.1.1 Median crossing; and

6.1.11.1.2 Shared center turn lanes.

6.1.11.2 Blind spots including, but not limited to;

6.1.11.2.1 Avoiding other vehicle’s blind spots; and

6.1.11.2.2 Checking blind spots.

6.1.11.3 How to calculate stopping and following distances;

6.1.11.4 Speed limits and general recommendations for unmarked areas;

6.1.11.5 Passing and being passed.

6.1.12 Discussion of vehicle safety devices, including but not limited to:

6.1.12.1 Use of seat belts;

6.1.12.2 Child restraint systems;

6.1.12.2.1 In relation to a child’s age and size;

6.1.12.2.2 Correct placement of a child in a vehicle;

6.1.12.3 Vehicle airbag systems with special attention to driver safety;

6.1.12.4 Proper use of anti-lock braking systems versus standard braking systems;

6.1.13 Discussion pertaining to the condition of the vehicle, including but not limited to:

6.1.13.1 Tire tread;

6.1.13.2 Windshield;

6.1.13.3 Mirrors;

6.1.13.4 Horn;

6.1.13.5 Proper use of headlights;

6.1.13.6 Usage of turn signals; and

6.1.13.7 Safe turning techniques.

6.1.14 Discussion pertaining to the condition of the road, including but not limited to:

6.1.14.1 Gravel;

6.1.14.2 Dirt;

6.1.14.3 Pavement;

6.1.14.4 Potholes;

6.1.14.5 Rumble strips; and

6.1.14.6 Speed bumps.

6.1.15 Discussion of other road hazards, including but not limited to:

6.1.15.1 Situations when vehicles are stationary on the side of a road;

6.1.15.2 Changing lanes when safe to do so; and

6.1.15.3 Speed reduction.

6.1.16 Discussion of the hazards and techniques of various driving environments, including but not limited to:

6.1.16.1 City driving;

6.1.16.2 Highway or expressway driving;

6.1.16.3 Rural driving;

6.1.16.4 Proper use of exit and entrance ramps;

6.1.16.5 Driving in parking lots; and

6.1.16.6 Requirements for handicap placard and plate.

6.1.17 Discussion of head-on collisions and avoidance techniques.

History

24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
18 DE Reg. 708 (03/01/15)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)

2 Del. Admin. Code § 2224-7.0 Division Inspections

7.1 During business hours, each provider shall allow inspections by the Division.

7.2 During inspections, each provider shall allow the Division access to all:

7.2.1 Records;

7.2.2 Classes; and

7.2.3 Course materials.

History

24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
18 DE Reg. 708 (03/01/15)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)

2 Del. Admin. Code § 2224-8.0 Complaints, Hearings, De-certification, Suspension and Probationary Status

8.1 The following procedure shall be followed during investigations of complaints regarding any DDC course, instructor, or provider certified under Section 4.0 and Section 5.0 of this regulation:

8.1.1 Any person who desires to file a complaint regarding any course, instructor, or provider must do so in writing to:

Delaware Division of Motor Vehicles

Attn: Defensive Driving Coordinator

P.O. Box 698

Dover, DE 19903

8.1.2 The complaint shall state the name of the course, its provider or instructor, and the facts that allegedly constitute the basis for the complaint. The Division may, at its discretion, dismiss the complaint without a hearing. A dismissal of the complaint shall be without prejudice and no further action shall be taken by the Division.

8.1.3 The Division, upon determining that the complaint merits further investigation shall:

8.1.3.1 Assign a staff member to investigate the complaint;

8.1.3.2 Provide a redacted copy of the complaint, within fifteen (15) business days of its filing, to the provider or instructor who is subject of the complaint:

8.1.3.2.1 The copy of the complaint provided shall not include the personal information of the complainants unless the information is necessary for the response; and

8.1.3.2.2 The transmittal of the complaint shall be done by certified mail or other verifiable means, to the provider or instructor named in the complaint at the address or addresses of record on file.

8.1.4 The provider or instructor has fifteen (15) business days from the date on which the redacted copy was provided to respond to the complaint in writing to the Division at the address provided in subsection 8.1.1.

8.2 A provider or instructor may be placed on probation, suspended, or decertified for any one or more of the following:

8.2.1 Falsification of information on, or accompanying, the Application for Certification/Recertification;

8.2.2 Falsification of, or failure to keep and provide, adequate student records and information as required herein;

8.2.3 Falsification of, or failure to keep and provide, adequate financial records and documents as required;

8.2.4 Failure to comply with the course content requirements set forth in Section 6.0 above, to include altering of course material without approval from the Division; or

8.2.5 Altering of course content, required in this regulation, without approval by the Division.

8.3 Nothing in this section of this regulation shall preclude the provider or instructor from entering into a consent agreement with the Division.

8.4 A provider or instructor who receives a warning, is placed on probation, or does not show proof of compliance with the conditions set forth in a consent agreement or order shall be subject to suspension or decertification.

8.5 Upon a recommendation for further action under subsection 8.1 of this regulation, the Director or the Directors’ designee, shall determine whether the provider or instructor shall be warned, placed on probation (with or without conditions) for not more than 90 days, suspended for a period not to exceed six (6) months, or permanently decertified for one or more violations of this regulation. For purposes of the enforcement of this regulation and the protection of the public, progressive discipline is not required.

8.6 Upon a finding provided for in subsection 8.5 of this regulation, the Division shall provide written notice to the provider or instructor by certified mail, email with receipt, or other delivery service with receipt. A copy of the notice shall also be provided to the complainant. The notice shall include the following:

8.6.1 A summary of the complaint;

8.6.2 A summary of the information obtained in the investigation;

8.6.3 Findings of fact or law, including the law or regulation allegedly violated by the provider or instructor;

8.6.4 A statement by the Division whether or not action will be taken and a description of the course of action intended;

8.6.5 The law or regulation giving the Division authority to act; and

8.6.6 Notice of the instructor’s or provider’s right to request a hearing to dispute the complaint. The hearing must be requested within ten (10) business days from the date on which the instructor or provider received the certified or receipted notice.

8.7 Upon a finding by the division to suspend or decertify any course, instructor, or provider, that suspension or decertification shall not occur until ten (10) business days after the receipt of written notice as described in subsection 8.6.

8.8 If the Division gives notice to any instructor or provider of an intent to suspend or decertify, that instructor or provider may request a hearing by the Division. If a hearing is requested, the instructor or provider shall have the right to be heard personally, by counsel or by its agent. The Director, or the Directors’ designee, may initiate investigations, appoint a hearing officer and subpoena witnesses. The Director, or the Directors’ designee, upon receiving a decision from the hearing officer, may continue with the suspension or decertification of the provider or instructor. Prior to imposing any suspension or decertification, the Director, or the Directors’ designee, shall consider:

8.8.1 The nature of the violation or violations and the provider’s or instructor’s willingness to make restitution to all parties harmed by the actions; and

8.8.2 The effect of the proposed action on the community.

8.9 If the instructor or provider requests a hearing, one will be scheduled by the division with a minimum of ten (10) business days’ notice. The Director, or the Directors’ designee, may postpone or continue any hearing for any reason. The provider or instructor may request continuation of the hearing upon written application to the Division for good cause shown. The granting or denying of a request for continuance made by the provider or instructor shall be in the sole discretion of the Division.

8.10 If a hearing is requested by the instructor or provider, any intended suspension or decertification by the Division will not be implemented until after the Director, or the Directors’ designee, has rendered a decision and provided written notice to all parties of that decision by certified mail, email with receipt, or other delivery service with receipt.

8.11 A provider or instructor who is decertified pursuant to this regulation must wait six (6) months from the date of decertification before applying for recertification.

History

24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
24 DE Reg. 1016 (05/01/21)
18 DE Reg. 708 (03/01/15)
20 DE Reg. 125 (08/01/16)
24 DE Reg. 1016 (05/01/21)

2225 Delaware Driving Privilege Permit and Driving Privilege Card

2 Del. Admin. Code § 2225-1.0 Purpose

The authority to promulgate this regulation is 21 Del.C. §§302, 2711, 2715, and 2718 and 11 Del.C. §§8593, 8594, and 8595.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-2.0 Authority

This administrative rule sets forth regulations and procedures used when issuing a Delaware Driving Privilege Permit or Card based on the referenced statutes listed in Section 1.0 of this regulation. The applicant has the option to obtain a Delaware Driving Privilege Permit or Card provided the applicant meets the minimum qualifications and standards presented in this regulation.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-3.0 Definitions

“Applicant” means a prospective driving privilege card holder.

“Consular Identification Card” means a card issued by a foreign government consulate that identifies citizens of their country who reside in a foreign country. It contains the cardholder’s photo, address, birthplace, expiration date, and a unique identification number.

“Division” means the Delaware Division of Motor Vehicles.

“Document Locator Code” means a unique receipt number issued by the Division of Revenue to individuals who have requested copies of their filed Delaware tax returns.

"Driving Privilege Card (DPC)" means a driving privilege permit or card issued pursuant to 21 Del.C. §2711(d) to undocumented immigrants who are not able to provide satisfactory documentary evidence of legal presence in the United States.

“ITIN” means a unique Individual Tax Identification Number issued by the Delaware Division of Revenue for the purposes of filing taxes.

"Legal Presence" means a citizen or national of the United States or an alien, lawfully admitted for permanent or temporary residence in the United States; has conditional permanent resident status in the United States; has an approved application for asylum in the United States or has entered into the United States in a refugee status; has a valid non-immigrant status in the United States; has an application for asylum in the United States; has an application for temporary protected status (TPS) in the United States; has approved deferred action status; or has an application for lawful permanent residence (LPR) or conditional permanent resident status.

“Receipt Number” means a number issued by the Delaware State Bureau of Identification for purposes of identifying a Driving Privilege Card applicant’s criminal background check.

"SAVE" means the Department of Homeland Security's Systematic Alien Verification for Entitlements system or such successor or alternate verification system at the DHS secretary's discretion.

"Sexual Assault and Stalking" have the meanings given the terms in Section 3, Universal Definitions and Grant Provisions, of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, 119 Stat. 2960, 2964, Jan. 5, 2006); codified at Section 40002, Definitions and Grant Provisions, 42 U.S.C. 13925, or state laws addressing sexual assault and stalking.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-4.0 Driving Privilege Permits/Cards

4.1 Application document.

4.1.1 Every application for a Delaware Driving Privilege Permit or Card (DPC) shall be made on an application furnished by the Delaware Department of Transportation. The original application shall be verified by the applicant before a person authorized by the division to administer oaths. Employees who are specifically trained and assigned duties to issue state documents are hereby designated as being able to administer oaths under this section. The applicant will certify on the application if he holds a driver license or identification card in this or any other state. The original application will be electronically scanned and stored.

4.2 Driving Privilege Permits/Cards.

4.2.1 Unless otherwise specified, DPC’s issued in accordance with this regulation shall be considered valid Class D driver permit(s) and license(s) and shall be accepted by Delaware legal systems and agencies as proof of valid driving authority.

4.2.1.1 To be considered eligible for a Delaware DPC, the division must verify, scan, and electronically retain all original source documents.

4.2.1.2 Unless otherwise specified, once verified, scanned, and electronically retained, a DPC holder will not be required to again present the division with the original source document except in cases where a material change occurs or when an applicant's lawful status has changed.

4.2.2 It will be clearly indicated on the face of the driving privilege permit or card and in the machine readable zone that the permit or card is for “Driving Privilege Only” and “Not Valid for Identification.”

4.2.3 The division may issue a DPC to persons who:

4.2.3.1 Are unable to provide satisfactory proof of legal presence in the United States;

4.2.3.2 Have a valid foreign passport or valid consular identification card issued by his or her home country;

4.2.3.3 Have been fingerprinted by the Delaware State Bureau of Identification;

4.2.3.4 Have filed, or have resided in Delaware and have been claimed as a dependent by an individual who has filed, Delaware income taxes in the two preceding years of the application;

4.2.3.5 May be ineligible for a Social Security Number (SSN) because of his or her immigration status;

4.2.3.6 Are able to provide proof of principal residence address in this State;

4.3 Renewal of Delaware Driving Privilege Permits/Cards.

4.3.1 Delaware Driving Privilege Permits may be renewed one time in person, before initial expiration, for a period of 6 months.

4.3.2 Delaware Driving Privilege Cards shall be renewed in person every four years and in accordance with 21 Del.C. §2715.

4.3.3 Remote renewal of the Delaware DPC is not permissible.

4.4 Reissued Delaware Driving Privilege Permits/Cards.

4.4.1 The Delaware DPC will be reissued in accordance with 21 Del.C. §2720.

4.4.2 The Delaware DPC must be reissued in person.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-5.0 Name, Date of Birth and Gender

5.1 Full Legal Name, Date of Birth and Gender.

5.1.1 The name and date of birth on the face of the Delaware DPC must be the same as the name and date of birth on the source document presented by the applicant to establish identity. When the individual has only one name, that name should be entered in the last name or family name field, and the first and middle name fields should be left blank. Place holders such as NFN, NMN, FNU, LNU and NA shall not be used.

5.1.2 If the names, as listed on various source documents (to substantiate the applicant's name, date of birth, gender, ITIN), are different, the applicant must contact the agency who issued the source document and change the name so that the names on all source documents match.

5.2 Name, Date of Birth and Gender Source Documents

5.2.1 To establish an applicant's full legal name, date of birth, and gender, the applicant must present one or more of the following source documents:

5.2.1.1 Valid, unexpired foreign passport;

5.2.1.2 Valid Consular Identification Card;

5.2.2 Applicants under age 18 must present a valid birth certificate containing birth parents name(s) that was issued by an Office of Vital Statistics or equivalent agency in the individual’s country of birth, in addition to a document listed in subsection 5.2.1.

5.3 Name change/exceptions.

5.3.3 Exceptions to name change procedures must be approved by the Driver Services Manager, Chief of Driver Services, Deputy Director or Director.

5.5 Gender/gender changes. To change a person’s gender, the applicant must complete the Request for Gender Change form detailing his or her request to have the gender designation on his or her driving privilege card changed. The form requires the applicant’s medical or social service provider to certify that, in his or her professional opinion, what the applicant’s true gender identity is. The medical or social service provider’s practice must treat patients, including the applicant, seeking gender identity changes.

5.6 Foreign Documents. A professional translator must translate any documents that are in a foreign language into English.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-6.0 Fingerprinting

6.1 All Delaware DPC applicants must be fingerprinted by the Delaware State Bureau of Identification (SBI). An applicant’s criminal background check verification will be determined in accordance with 11 Del.C. §8595.

6.2 The division shall electronically verify that the DPC applicant has successfully completed the criminal background check with SBI.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-7.0 Individualized Tax Identification Number (ITIN)

7.1 Every DPC applicant must present proof of the immediate two preceding years of filed Delaware Income Tax.

7.1.1 A Certificate of Filing Compliance containing a Document Locator Code Number (DLN) shall be issued by the Delaware Division of Revenue to each eligible applicant.

7.2 The division shall verify the ITIN and DLN with the Division of Revenue via electronic web service or phone call.

7.3 ITIN Exception:

7.3.1 The division, using the claimants ITIN and DLN, will verify with the Division of Revenue, dependents that have been claimed by an individual who has filed a Delaware income tax return.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-8.0 Social Security Number (SSN), If applicable

8.1 Applicants who may have obtained a Social Security Number while under a legal presence status must present proof of SSN. The SSN will be electronically verified using the Social Security On-Line Verification (SSOLV) system, and the source document will be electronically stored.

8.2 SSN Disclosure Statement:

8.2.1 Disclosure of the applicant's SSN is mandatory. Federal and state laws authorize such disclosure (see Public Law 109-13, and 21 Del.C. §§2718(a) and 3104(a)). The division will use SSNs solely for the administration of the DPC program to ensure accurate identification. SSNs will not be released to businesses or private individuals but may be released to state agencies to carry out their governmental functions. If you obtained an identification document without a SSN and have subsequently obtained a SSN, it is your responsibility to notify the Division of Motor Vehicles within 30 days.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-9.0 Principal Residence Address

9.1 The division and Delaware State Police must be able to contact every DPC holder at the physical location where he/she lives in this State. Therefore, every applicant must provide two documents that show the individual's name and principal Delaware residence using such documents as utility bills, auto or life insurance policies, bank account records, credit card statements, employment records, signed contract to purchase home in this State, rental agreement or any other document specifically approved by the Chief of Driver Services or Director. These source documents will be electronically stored and when possible, verified. The applicant should notify the division within 30 days after he changes his address. No proof is needed to change a person's address, and it can be accomplished by mail. A Delaware DPC will not be issued to an applicant unless the applicant has established a principal residence address in this State at the time of application.

9.2 Principal Address Exceptions.

9.2.1 Homeless - Temporary Lodging.

9.2.1.1 After meeting all other requirements, persons living in temporary lodging such as a homeless shelter or motel may be issued a Delaware Driving Privilege Permit or Card provided they substantiate: (1) they are living in temporary quarters in this State pending their subsequent move into a designated principal residence address; and (2) the agency offering temporary lodging certifies they are allowed residency for 30 or more days, and they may receive mail at this address.

9.2.2 Those Living on Boats or in Recreational Vehicles.

9.2.2.1 Those applicants whose principal residence address is on a personally-owned boat and who do not have another residency in this or any other state must provide proof that the boat is registered in their name in this State; have a 12-month or longer boat slip contract with a Delaware company; and provide a valid mailing address.

9.2.2.2 Those persons whose principal residence address is in a recreational vehicle on land in this State and who do not have a residency in this or any other state must provide proof that they have a 12-month or longer contract with a recognized Delaware RV campground or trailer court, or reside at the Dover Air Force Base RV campground, and have a valid mailing address.

9.2.3 Mailing Address.

9.2.3.1 If mail cannot be delivered to the applicant's principal residence address or if he or she is living in temporary quarters without mail service, he or she must provide the division with a mailing address. Those under the confidential address program must submit a mailing address.

9.3 Confidentiality program.

9.3.1 Victims of domestic violence, dating violence, sexual assault, stalking, or other forms of abuse may use an alternative address under the State's Victims of Abuse Address Confidentiality Program. The Victims of Abuse Address Confidentiality Program will follow the guidelines established under the memorandum of agreement between Delaware's Department of Justice, Department of Transportation and Division of Motor Vehicles.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-10.0 Verification Requirements and Other Restrictions/Limitations

10.1 Verification of Source Documents.

10.1.1 The division will verify the source documents used to determine an applicant's name, date of birth, SBI check, ITIN, SSN (if applicable), principal residence address, gender or any material changes to this data with the issuer of the source document whenever. An electronic validation of the document and identity data will occur as systems become available or by alternative methods approved by the DHS. All source documents and identification document applications will be scanned and electronically retained by the division.

10.1.2 The division will electronically verify information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so.

10.2 Electronic Verification Details.

10.2.1 Any documents listed in subsection 5.2 will be scanned and verified through division scanners. If two documents are shown, only one must be verified. In the event of a non-match, the division must not issue a Delaware DPC to an applicant and must refer the individual to their Consulate for resolution. The division will not issue a Delaware DPC to an applicant if their document is invalid.

10.2.2 State Bureau of Identification (SBI). The division will verify all DPC applicants’ fingerprint process with the SBI using the receipt number issued to the applicant by the SBI. This verification will ensure that the applicant appearing at the division is the same applicant who was fingerprinted at SBI.

10.2.3 Division of Revenue. The division will verify all DPC applicants two preceding years of filed Delaware income tax using the DLN on the Certificate of Filing Compliance issued by the Division of Revenue. The division, using the claimants ITIN and DLN, will verify with the Division of Revenue, dependents that have been claimed by an individual who has filed a Delaware income tax return. The division may establish procedures and exceptions through memorandums.

10.2.4 Social Security On-Line Verification (SSOLV). If applicable, the division will verify SSNs with the Social Security Administration (SSA) using SSOLV or though another method approved by the DHS. In the event of a non-match with the SSA, the division will use existing procedures to resolve non-matches. If unable to resolve non-matches, the division will deny issuance to those applying for their first Delaware identification document. A Delaware compliant or non-compliant identification document will not be issued until the mismatch condition is resolved. However, upon renewal of a Delaware-issued identification document, the document holder may be issued one 60-day temporary non-compliant identification document to give him time to resolve the mismatch condition with the SSA. The division may establish procedures and exceptions through memorandums.

10.2.5 Commercial Driver License Information Systems (CDLIS). Mandated by the Commercial Motor Vehicle Safety Act (CMVSA) of 1986, the division will verify all DPC transactions through CDLIS to ensure the applicant does not hold a commercial motor vehicle compliant or non-compliant identification document in another jurisdiction. If a match is found in another jurisdiction, the applicant must surrender his or her existing identification document from the other jurisdiction to obtain a Delaware DPC document.

10.2.6 Problem Driver Pointer System (PDPS). In conjunction with the National Driver Registry (NDR), the division will verify all DPC transactions through PDPS to ensure the applicant's eligibility to obtain valid driving authority and carry a DPC document. If a match is found from another jurisdiction with a status of "not eligible" during an initial transaction, the applicant is denied a Delaware DPC document until the jurisdiction reports a status of "eligible". During a DPC document change, duplicate or renewal process, if a "not eligible" status is found, the applicant is issued a 60-day temporary DPC document until the status becomes "eligible". At that time the applicant may be reissued his or her Delaware DPC.

10.3 Non-Match Verification Results and System Failure Procedures.

10.3.1 Initial Issue and Transfer. The division will deny the initial issuance of a Delaware DPC document whenever a verification check (SBI, Division of Revenue, CDLIS, PDPS, and SSN if applicable) results in a non-match or non-eligible condition.

10.3.2 Renewal - Mismatch Condition. Should a mismatch condition occur for those applicants renewing a Delaware DPC, they may be issued a 60-day temporary non-compliant DPC document to give him or her time to resolve the problem with the issuing agency.

10.4 Renewal and Verification System Failure.

10.4.1 If a verification system fails when the applicant is applying for his initial Delaware DPC, the application will be denied until the verification check is completed.

10.4.2 If an electronic verification system fails when an applicant is renewing his or her Delaware DPC, the following may occur depending on which verification system failed:

10.4.2.1 The applicant may be denied issuance;

10.4.2.2 The applicant may be issued a 60-day temporary DPC document;

10.4.3 Regardless of the above procedures, no DPC documents will be issued if there is reason to believe the applicant is attempting to commit fraud by presenting altered or fraudulent source documents or by finding non-matching or inconsistent data on various electronic databases, or by other factors that would lead a reasonable person to conclude the applicant is attempting to commit fraud. In such instances, an electronic record will be established, a digital photograph will be captured, the record will be annotated as denied, and fraudulent or altered documents will be confiscated. A division investigator or a law enforcement officer will be asked to investigate to determine future action.

10.5 Prohibition Against Holding More Than One Delaware Driving Privilege Card

10.5.1 The division will ensure the applicant does not have more than one valid document granting driving authority issued in this or any other state, thereby supporting the one driver license, one driving record concept as expressed in the Driver License Agreement. If a person holds a document granting driving authority in another state, he or she will not be issued a Delaware DPC in this State until the individual or division has terminated the driving document issued by another state.

10.5.2 Problem Driver Pointer System (PDPS), Commercial Driver License Information System (CDLIS), National Law Enforcement Telecommunication System (NLETS) and other national systems may be used to electronically verify, within the limits of each network, whether or not an applicant has a valid driving document in another state.

10.5.3 Motor Vehicle System software performs name, date of birth, SBI, ITIN and social security (if applicable) cross checks to identify persons who are mistakenly assigned multiple driving or identification card records on the division's files. Multiple records will be combined into one record when discovered.

10.5.4 An applicant's name and date of birth will be verified each time a Delaware DPC is renewed or reissued to ensure that the individual receiving a Delaware DPC is the same individual to whom the document was originally issued.

10.5.5 An applicant must be denied a Delaware DPC until the driving document issued by another state is terminated or soon to be terminated. If the applicant must terminate driving document issued by another state, then the division, as allowed under the Driver License Compact, may act on behalf of the applicant and inform that state that Delaware has issued a Delaware DPC in this State and request the other state cancel the one issued by its agency. A Delaware DPC may be issued pending the termination of the out-of-state document.

10.6 Other Restrictions/Limitations.

10.6.1 If the division discovers a person holds a driving document in multiple or different names issued by this or any other state, the division may deny issuance of the DPC, investigate the matter and suspend the applicant pursuant to Title 21, Section 2733(a)(5).

10.6.2 An applicant cannot obtain his initial Delaware DPC if his or her driving authority is suspended or revoked in any state for a violation that would result in a suspension or revocation in this State. Renewal exception: Those applicants renewing a valid Delaware DPC may be issued a 60-day, temporary DPC document to give them an opportunity to resolve the out-of-state suspension or revocation. Once the out-of-state suspension or revocation is cleared, the applicant may be issued a valid DPC.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-11.0 Other Mandatory Data Collection and Source Documents Retention

11.1 Digital photograph images

11.1.1 A DPC shall not be valid unless it contains the applicant's full facial image and signature. The mandatory facial image must be captured and retained even if no DPC document is issued. The applicant for an initial Delaware DPC document must appear in person to update his full facial digital image.

11.1.2 The digital photograph must be full faced and provide an unobstructed view of the person's facial features. This enables the photograph on the license to be used as a means of proper identification for motor vehicle, emergency and public safety purposes. For more specific details consult current Division photograph image procedures. Digital imaging driver license facial recognition one-to-many technology compares each digital photograph taken against all other digital photographs on file to ensure the DPC applicant does not have multiple documents in different or same names on file in this State. One-to-many facial comparisons will be conducted on all initial issuance and transfers of driving authority documents. This same technology completes a one-to-one verification check by comparing the latest digital photograph taken against all other photographs on an applicant's current record. One-to-one facial comparisons will be conducted on all DPC renewals. This is designed to prevent a digital photograph from appearing on another person's identification document. Whenever the facial recognition technology pinpoints potential duplication, fraud or mistaken assignment of a photo, the applicant will not be issued a DPC document until the discrepancy is resolved.

11.1.3 A new digital photo image will be made every time a person appears in person to renew his DPC document, have his DPC document reissued, materially changed, or have his address changed on his DPC document.

11.1.4 If the division issues a DPC document without a photo image or one that does not meet division standards, the customer will be notified in writing that he must return to a division facility within seven days to replace the deficient document. If he fails to comply, his DPC document status will be changed to "denied", and the driver will be notified of the change. DPC document holders will be denied renewal or reissued documents until the photo image meets division standards.

11.2 Signature

11.2.1 Every holder of a DPC document shall sign an application under the penalty of perjury that the information on the application is true and correct. The applicant will use his or her normal signature. The identification document shall not be valid until signed by the applicant. By signing the application he acknowledges the following and any other information that may be included on the application in the future:

11.2.2 He or she is a bona fide resident of Delaware;

11.2.3 Consent to chemical tests of his breath, blood or urine to determine the amount of alcohol or drugs in his blood;

11.2.4 That convicted sex offenders must register with the Delaware State Police within seven days after coming into this State (Megan's Law);

11.2.5 That the division will send personal information pertaining to male applicants under the age of 26 years to the Selective Service for the purpose of registration in the Selective Service System as required by federal and state laws;

11.2.6 That he or she is physically and mentally able to safely operate a motor vehicle;

11.2.7 That he or she must report if he or she holds a license in another state or if his or her driving privileges are suspended or revoked in any state.

11.3 Retaining Source Documents.

11.3.1 The source documents submitted by the applicant to the division are used to determine the person's name, date of birth, gender, SBI fingerprints, ITIN, SSN (if eligible), address of principal residence, unless enrolled in a state address confidentiality program, and lawful status and shall be retained by the division in either paper or electronic format. The DPC document application signed by the applicant will also be retained.

11.4 Miscellaneous.

11.4.1 For identification purposes, the division will also collect the applicant's height, weight, and eye color based upon verbal information provided by the applicant.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-12.0 Source Document Retention Period

12.1 At a minimum the division will retain the following documents including copies of the application, declarations, source documents and documents used to establish all names recorded by the division. The division will protect any personally identifiable information collected. The division may retain these documents for a longer time period then the period specified in the following:

12.1.1 The full facial image/photograph will be retained by the Department of Transportation for at least five years if no DPC document is issued and at least two years beyond the expiration date of the DPC document;

12.1.2 All paper copies of source documents must be retained for a minimum of seven years;

12.1.3 Microfiche documents must be retained for a minimum of ten years;

12.1.4 Digital images of source documents must be retained for a minimum of ten years;

12.1.5 Digital, microfiche and paper identification document applications and declarations will be retained for a minimum of ten years;

12.1.6 All photograph images must be stored and be retrievable by the division if properly requested by statute or regulation.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-13.0 Division Databases

13.1 The Division must maintain a motor vehicle database that contains, at a minimum:

13.1.1 All data fields printed on identification documents issued by this State, individual serial numbers of the documents and ITINs;

13.1.2 A record of the full legal name and recorded name, as applicable, without truncation;

13.1.3 All additional data fields included in the machine readable zone (MRZ) but not printed on the DPC document; and

13.1.4 Motor vehicle driver histories, including motor vehicle violations, revocations, disqualifications, suspensions, and points on driver licenses and DPC’s.

13.1.5 The division must protect the security of personally identifiable information as prescribed in State law and information technology policies and procedures.

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-14.0 Severability

History

19 DE Reg. 937 (04/01/16)

2 Del. Admin. Code § 2225-15.0 Effective Date

This regulation shall be effective ten days from the date the order is signed, and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e). Delaware Driving Privilege Permits and Cards will become available beginning December 27, 2015.

History

19 DE Reg. 937 (04/01/16)

2226 Third Party Commercial Driver License Skills Testing

2 Del. Admin. Code § 2226-1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302, 21 Del.C. §304, 21 Del.C. §2608(a); 21 Del.C. §2608(d); Chapter 11 of the Delaware Code; and the Code of Federal Regulations (CFR) Title 49 Volume 5, Chapter III (Federal Motor Carrier Administration, Department of Transportation) Parts 383 and 384.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-2.0 Purpose

The purpose of this regulation is to establish the policies, procedures, operational instructions, and requirements for third-party certified commercial driver license examiners to administer commercial driver license skills tests. The Secretary of the Department of Transportation or designee shall have the authority to administer these Rules and Regulations and shall be solely responsible for making the determinations required in this regulation.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-3.0 Definitions

The following words and terms, when used in this regulation, shall have the following meaning:

"Agreement" means the total, recorded obligation between 2 parties. An agreement exists between State of Delaware agencies in the form of a Memorandum of Agreement or Memorandum of Understanding. An agreement between a private entity and a State agency, or between private entities, is additionally considered to be a Contract.

"Behind the wheel" or "BTW" means the part of the skills exam that takes place during the time the license applicant is seated in the driver position and controlling the vehicle's direction, speed, and other controls. This term is used as an adjective for logging and reporting information.

"Commercial Driver's License" or "CDL" means a license issued in accordance with the requirements of 21 Del.C. Ch. 26 to an individual which authorizes that individual to drive a certain class of commercial motor vehicle.

"Commercial Learner's Permit" means a driving credential issued by Delaware Division of Motor Vehicles pursuant to 21 Del.C. §2608(d) to allow an individual to drive a commercial motor vehicle but only with another Commercial Driver Licensed driver.

"Commercial motor vehicle" or "CMV" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers (including school buses) or property if the motor vehicle has a gross combination weight rating of 26,001 pounds or more inclusive of towed unit or units with a gross vehicle weight rating (GVWR) of more than 10,000 pounds; has a GVWR of 26,001 pounds or more; is designed to transport 16 or more passengers, including the driver; or is of any size and is used in the transportation of hazardous materials.

"Contract" means the total obligation with a private entity creating mutual assent enforceable by law. The content of assent will address mutual acceptance, adequate consideration, capacity, and legality.

"Division" means Delaware Department of Transportation, Division of Motor Vehicles.

"Federal criminal background check" means the acquisition of federal criminal history record information for an individual, executed in accordance with 11 Del.C. §8527 with Delaware Department of Transportation, Division of Motor Vehicles as the recipient agency.

"FMCSA" means the Federal Motor Carrier Safety Administration.

"Franchised" means an organization that has been granted a right or license to market a company's services in Delaware.

"Shadow drive" means additional practice in driver testing between the skills examiner's initial certification and the skills examiner's initial, unaccompanied applicant test. The shadow drive is accompanied by another, already-certified skills examiner.

"Skills Road Exam" or "SRE" means the 3-part road test skills exam conducted in a manner approved by the Delaware Division of Motor Vehicles and as specified in 49 CFR §383.110-.135.

"State agency" means any office, department, board, commission, committee, court, school district, board of education, and all public bodies existing by virtue of an act of the General Assembly or of the Constitution of the State of Delaware, excepting only political subdivisions of the State, their agencies and other public agencies not specifically included in this definition which exist by virtue of state law, and whose jurisdiction is limited to a political subdivision of the State or to a portion thereof or extends beyond the boundaries of the State.

“Test pad” or “testing site" means a designated area included as part of the physical facilities where the skills examination is performed. It must consist of a paved, level surface suitable for heavy vehicles to move around safely.

"Third party skills test examiner" or "ST" means an individual employed by an approved third party testing organization who has met all the Delaware Division of Motor Vehicles requirements, has successfully met the third partyt testing organization training requirements per 49 CFR §384.228, and is certified to administer the SRE.

"Third party testing organization" or "TPTO" means an organization licensed by the Delaware Division of Motor Vehicles to employ skills test examiners to administer the SRE as specified in 49 CFR §383.110-.135 for a Commercial Driver License.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-4.0 TPTO Applications

4.1 No corporation, partnership, proprietorship, or any other legal entity shall carry on or perform the business of conducting skills test exams unless issued a TPTO license.

4.2 Applications for licensure shall be made on forms furnished by the Division and filled out completely for consideration.

4.3 The owner of a TPTO must have been issued a Delaware driver's license and established residency in Delaware before the time of the application. State agencies and franchised TPTOs are exempt from this requirement.

4.4 The owner of a TPTO must submit for review a State of Delaware criminal background check. State agencies are exempt from this requirement.

4.5 Applications must include:

4.5.1 The name and address of the TPTO. The place of business must be a separate brick and mortar establishment and not part of a residence, mail drop, or office sharing facility. A post office box may be used as a mailing address only;

4.5.2 A copy of the TPTOs Delaware business license. State of Delaware Agencies are exempt from this requirement;

4.5.3 A list all employees and subcontractors for ST training and certification, to include STs and any individuals who will access the computerized systems for test scheduling and recording test results;

4.5.4 A record management plan for the storage, safeguarding, destruction, retention, and placement of the TPTO's records;

4.5.5 A breakdown of the costs of each package offered by the TPTO;

4.5.6 A list of all locations of branch offices, which must meet all the same physical requirements listed in Section 6.0 of this regulation;

4.5.7 A testing site which meets design requirements identified in Section 10.0 of this regulation;

4.5.8 A test pad maintenance plan to address the prevention of functional pavement deterioration, skidding, ponding, snow removal, and surface treatment;

4.5.9 Documentation satisfying all local zoning requirements allowing TPTO as an approved use;

4.5.10 A copy of a rental or lease agreement indicating a TPTO is permitted if an applicant does not own the property; and

4.5.11 Proposed road test routes for approval, which must comprise of:

4.5.11.1 Various turns and maneuvers based upon Division standards, which will be provided during the application process;

4.5.11.2 Two routes and 1 modified route, per each testing location;

4.5.11.3 The routes must begin from an approved location; and

4.5.11.4 Routes and skills testing shall occur wholly within the State of Delaware, at the TPTO's testing sites, and approved road test routes.

4.6 Fees

4.6.1 Each original application for a TPTO license must be accompanied by an application fee of $500, which includes training and certification of STs by the Division. State agencies are exempt from this requirement.

4.6.2 Each application for renewal of an existing TPTO license must be accompanied by a renewal application fee of $250.

4.6.3 No license or license renewal fees shall be refunded if the license is denied, suspended, revoked, or refused renewal.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-5.0 TPTO Licenses

5.1 Upon approval, the TPTO and the Division shall enter into a written agreement which satisfies the requirements of 49 CFR §383.75(a)(8). The template for the TPTO agreement is contained on the Division website. State agencies will satisfy this requirement with a Memorandum of Understanding with the Division.

5.2 Licenses and contracts with the Division are non-transferable.

5.2.1 A TPTO shall immediately notify the Division in writing of any changes in ownership unless they are a State agency.

5.2.2 In all instances where new individuals become owners who were not listed on the license or prior application, a new application must be submitted per Section 4.0 and approved by the Division.

5.2.3 Changes in ownership where 1 owner transfers a portion or all of the individual's ownership interest to another owner previously identified on the license application does not require a new license application.

5.3 All licenses issued under the provisions in this regulation will expire on the last day of December every 2 years following their issuance.

5.4 Licenses may be renewed up to 60 days before the expiration date.

5.5 Renewal applications shall be made on forms furnished by the Division, filled out completely for consideration and must include:

5.5.1 A copy of the TPTO's Delaware business license. State of Delaware agencies are exempt from this requirement;

5.5.2 A list of all employees and subcontractors in their employ, to include STs and any individuals who will access the computerized systems for test scheduling and recording test results; and

5.5.3 Documentation demonstrating SREs for a minimum of 50 applicants under their current license.

5.6 Renewal applications not completed and received by the expiration date of the current license will not be accepted and the TPTO license will not be renewed. The TPTO will then be required to apply as a new licensee and satisfy all requirements applicable to new licensees.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-6.0 Physical Facilities

6.1 Each TPTO requesting a license must have a place of business with adequate facilities to conduct testing and maintain all required files and records. Any branch locations must also comply with all requirements as outlined in this regulation.

6.2 The TPTO is required to submit to an initial facility site inspection before approval and is subject to subsequent inspections.

6.3 The facility must include at least the following:

6.3.1 A telephone installed at the location;

6.3.2 Files and records in a secure cabinet or storage location;

6.3.3 A regulation sized test pad associated with a location which has been issued a DelDOT Entrance Permit;

6.3.4 A sign on the premises measuring at least 24 inches by 32 inches that lists the name of the business;

6.3.5 A waiting or reception area for check-in before the exam;

6.3.6 Restroom facilities;

6.3.7. Conspicuously posted and maintained Division of Revenue Business license;

6.3.8 Conspicuously posted hours of operation and availability during these hours;

6.3.9 Conspicuously posted Division TPTO license; and

6.3.10 At least 1 contact person who is an employee or principal of the TPTO, up to date and on file with the Division, who maintains the TPTO's physical and mailing addresses, contact phone numbers, emails.

6.4 A TPTO shall immediately notify the Division in writing of any proposed change of location or closures of the primary or branch office location of the business before the change or closure.

6.4.1 For a change of location, a new application must be submitted to be processed per Section 4.0 and approved in writing by the Division. The TPTO may continue to provide skills exam services under its previous license until time the new application is approved or denied by the Division.

6.4.2 The TPTO must notify the Division a minimum of 30 days before any primary or branch office closures. The notice must include the names of all employees and subcontractors to be deleted from the TPTO's license, and the date the primary or branch office will close.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-7.0 Skills Tester Requirements

7.1 The Division will determine the frequency, locations, means of delivery, and class size for training and certifying STs for the Delaware Commercial Examiner Certification Training Course based upon their analysis of the existing training demand and the availability of resources.

7.2 Each ST seeking training and certification must:

7.2.1 Be at least 21 years of age with 1 year of valid driving authority;

7.2.2 Provide a certified driving record showing the ST's driver license has not been suspended, revoked, or disqualified for moving violations within the previous 5 years. If the ST candidate is a Delaware resident, the driving requirement can be satisfied if the candidate provides the Division permission to review their Delaware driving record;

7.2.3 Have had the applicable or like CDL endorsement for at least 1 year for the class of skills exam they will be testers for;

7.2.4 Complete and pass a federal criminal background check per 49 CFR §384.228(g);

7.2.5 Complete and pass a State of Delaware criminal background check;

7.2.6 Provide a valid Medical Examiner Certificate (MEC) certifying they can safely operate a commercial motor vehicle;

7.2.7 Pass the Delaware Commercial Examiner Certification Training course per 49 CFR § 384.228. Details regarding the course will be provided to the TPTO upon approval;

7.2.8 Provide documentation of 4 shadow drives on each route the ST will be using for SREs.

7.2.8.1 All drives must not contain more than 3 errors as documented by another certified tester.

7.2.8.2 All drives must be completed within 6 weeks of ST certification date; and

7.2.9 Successfully complete the Delaware Commercial Examiner Certification Training Course, at which time the TPTO and STs will be certified per 49 CFR §384.228(b) and 49 CFR §384.228(e).

7.3 An ST performing exams for a TPTO must be actively employed at the time the exam is performed.

7.4 An ST must administer a minimum of 25 SREs per year. Failure to complete the minimum may result in the suspension of an ST's certification.

7.5 An ST cannot administer any SRE to a member of their immediate family. Immediate family means parent (step), spouse, sibling (step), grandparent, child (step), significant other, in-law, aunt, uncle, niece, nephew, first cousin or anyone residing within the same household.

7.6 A TPTO must notify the Division in writing within 48 hours of an ST's change of driving status or departure from the TPTO.

7.7 A TPTO's hiring process for STs must include the requirements of 49 CFR §384.228(h).

7.8 An ST must be employed by the TPTO to which they are registered with the exception of State of Delaware agencies.

7.9 An ST may be employed by more than 1 TPTO, but shall be issued a separate certification number for each TPTO employing the ST.

7.10 An ST certification is valid only while the tester is employed by the TPTO listed on the certificate.

7.11 An ST shall maintain a valid Delaware CDL that has not been previously suspended, revoked, forfeited, or denied for a moving violation.

7.12 An ST must ensure that testing forms are complete and accurate.

7.13 The Division reserves the right to require any ST to be retrained for any reason.

7.14 An ST working on behalf of a State Agency may be considered a subcontractor under an active contract with that State agency.

7.15 A TPTO may request the certification of any employee or subcontractor be canceled by notifying the Division in writing.

7.15.1 The cancellation of a certification does not nullify any of the terms of the Contract between the TPTO and the Division.

7.15.2 Cancellation requests can only be submitted by the owner or authorized agent.

7.16 An ST may be evaluated either during an actual SRE or an SRE with a Division representative as the driver during an audit. ST's must follow Division procedures, meet Division standards, and must pass the evaluation with a minimum score of 80%. Failure to pass the evaluation may be reason for the Division to require additional continuing education of the ST.

7.17 A skills test examiner who is also a skills instructor either as a part of a school, training program, or otherwise is prohibited from administering a skills test to an applicant who received skills training by that skills test examiner. A skills test examiner must comply with the requirements and limitations imposed by 49 CFR 383.75(a)(7).

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-8.0 Operational Requirements

8.1 TPTOs must comply with current Delaware Code, Administrative Code, Federal regulations, and Division policies, procedures, and standards relating to TPTOs, STs, and SREs.

8.2 The TPTO is responsible for monitoring and ensuring their ST employees, subcontractors, and any other employees and subcontractors who access the computerized systems for entering test scores and schedules comply with these requirements.

8.3 TPTOs must ensure that all their STs maintain the training and qualification standards required to conduct SREs.

8.4 A TPTO must notify the Division in writing within 48 hours of an ST's change of driving status or departure from the TPTO.

8.5 A TPTO may provide general information to CDL applicants regarding documentation required by the Division for the issuance of CLP's or CDL's, however, a TPTO may not act as a liaison between the applicant and the Division.

8.6 A TPTO must refer skills exam applicants to a Division office for an SRE if:

8.6.1 An applicant is requesting a required skills test upon completion of a rehabilitation program;

8.6.2 An applicant is requesting a skills test after having failed 5 previous road exams; or

8.6.3 An applicant is unable to produce a valid driver license and commercial learner's permit.

8.7 TPTO employees or subcontractors who are STs or have access to the computerized systems for entering test scores and schedules must submit to a State criminal background check.

8.8 A TPTO must provide ST Trainers as part of the Division's Train the Trainer requirements who are employed by the TPTO and are certified STs trained as Skills Testers by the Division.

8.9 TPTOs are permitted to use ST Trainers from other TPTOs to certify or recertify their STs, but not to certify another ST Trainer.

8.10 Only a candidate who has successfully completed the Division's ST training course requirements can be certified as an ST Trainer.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-9.0 Recordkeeping and Reporting

9.1 All requirements of 49 CFR §383 and 49 CFR §384 apply.

9.2 TPTOs must use only the forms provided by the Division and must account for all required information, including control numbered forms issued to the TPTO.

9.3 The Division will not accept forms that show evidence of alteration. Forms containing an alteration will be voided and a new form must be provided.

9.4 Records shall be comprised of paper or electronic copies for the current year and the 2 previous calendar years and must include at least the following:

9.4.1 The TPTO license granted by the Division;

9.4.2 Certifications of all STs in the TPTO's employ;

9.4.3 The contract between the Division and the TPTO;

9.4.4 A copy of each completed CDL skills test scoring sheet;

9.4.5 A copy of the TPTO's Division approved road test routes;

9.4.6 A copy of each ST's training and continuing education record;

9.4.7 BTW logs;

9.4.8 Control numbered forms issued by the Division; and

9.4.9 CDL scoring sheets.

9.5 All forms and records must be kept in locked and limited access areas or secured electronically.

9.6 All forms, including any for passed or failed examinations, must be logged on a TPTO's report via the Division's electronic application or other means determined by the Division.

9.7 All voided control numbered forms should be filed in numeric or alphabetical order with a note stating why the document was voided and the number of the replacement form. All replacement forms for SREs must be dated using the same date as the original form.

9.8 TPTOs may be required to submit monthly reports at the Division's discretion.

9.9 If monthly reports are required of the TPTO, reports must be submitted electronically to the Division by the 10th business day of each month for the previous month's activity, even if there was no activity.

9.10 If monthly reports are required, the reports are to reflect all applicant testing activity and must include the following:

9.10.1 Monthly ST training student schedules;

9.10.2 ST training class completion statements;

9.10.3 BTW completion statements;

9.10.4 SRE completion statements; and

9.10.5 A summary of any control number forms voided during the reporting period.

9.11 Incomplete monthly reports will not be accepted. Any TPTO required to submit monthly reports who fails to file the report as required may be subject to discipline up to and including revocation of their license.

9.12 TPTOs and STs are responsible for securing both blank and completed forms.

9.13 Post-dating, pre-dating, or the partial completion of any form is not allowed except as described in subsection 9.7 of this regulation.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-10.0 Test Sites and Routes

10.1 Testing sites must be a minimum of 240 feet by 110 feet in size, unless otherwise approved by the Division.

10.2 Access to testing sites must be able to be restricted or limited to prevent interference with testing and to avoid any possible motor vehicle or pedestrian contact to ensure the safety of the ST, driver, and the public.

10.3 Facilities that fail to maintain the testing site, pad, or access may result in application denial, renewal application denial, suspension, or revocation of their license.

10.4 The TPTO shall regularly conduct testing at an approved testing site. A testing site is presumed to be regularly used if an organization conducts at least 1 test per week at the site.

10.5 STs must use all approved routes regularly.

10.6 The TPTO shall notify the Division of changes in any conditions on testing routes, including:

10.6.1 Changes of traffic conditions;

10.6.2 Changes of patterns including increases in pedestrian or vehicle traffic;

10.6.3 Deterioration of the pavement or other surface that could affect the outcome of a basic control skills test;

10.6.4 Road construction; or

10.6.5 New traffic signs or signals.

10.7 Road test banking, or the practice of allowing portions of the Commercial Driver License Skills Road Exam that a student has passed to not be subjected to re-testing, is never permitted. This situation arises when a Commercial Driver License applicant fails 1 of the 3 parts of the test and then subsequently retests only the failed part towards passing the entire Skills Road Exam. is never permitted.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-11.0 Skills Exam Road Test

11.1 The TPTO shall ensure each test is administered in strict accordance with the methods and criteria identified by the Division and in accordance with State and Federal statutes, rules, contracts, TPTO standards, and all requirements of 49 CFR §383.75(a).

11.2 The TPTO shall use an electronic scheduling application deemed appropriate by the Division to schedule applicant skills exams.

11.3 TPTOs can score the skills test using paper sheets or by using an electronic system approved by the Division. If using the electronic system:

11.3.1 The TPTO will need to establish a separate contract with the Division vendor; and

11.3.2 Will not be required to maintain score sheets.

11.4 If paper scoring is used, the TPTO shall enter SRE scores into the computer applications approved by the Division as an electronic record per 49 CFR §383.75(b).

11.4.1 SRE scores must be entered into the computer application within 5 business days of the CDL applicant's SRE completion.

11.4.2 The TPTO shall also use and retain paper exam score sheets approved by the Division for the current year and the previous 2 calendar years. These score sheets shall be used during the SREs to provide detailed scoring that is the basis of summary scoring entered into the electronic application.

11.5 All tests must be completed in their entirety and recorded on forms or devices approved by the Division.

11.6 Testing sites must remain free of traffic, parked vehicles, pedestrians, and hazards during basic control skills testing.

11.7 Only 1 ST can test an applicant for each SRE.

11.8 Suspended STs are not permitted to test applicants.

11.9 An ST must not administer more than 1 complete SRE per day to the same applicant.

11.10 An ST shall test no more than 1 applicant at a time.

11.11 SREs shall only be administered during daylight hours.

11.12 Before administering any exam, STs must:

11.12.1 Ensure applicants have a valid driver license and Commercial Learners Permit issued over 14 days prior in their immediate possession; and

11.12.2 Complete the information section of either the CDL Skills score sheet or electronic tablet including the date of the test, the name of the applicant, the vehicle tag number, the vehicle identification number (VIN), the organization, and the tester information.

11.12.3 Enter the start time on either the score sheet or electronic tablet after the instructions have been read.

11.13 An ST shall inspect the vehicle to be used for testing to ensure the following:

11.13.1 The vehicle is properly registered and insured, that both the registration card and insurance card are inside the vehicle, and the documents match the vehicle identification number for the vehicle being used;

11.13.2 The vehicle has the valid tag plate or plates attached to either the outside of the vehicle, trailer, or both, and any temporary tags must be visibly affixed to either the back of the vehicle or trailer;

11.13.3 The vehicle has passed a safety inspection by the ST to ensure all necessary equipment is in safe operating order, and the vehicle meets all applicable state statutes for operation on a public roadway;

11.13.4 The vehicle has been inspected for compliance with this subsection before every SRE, regardless of who owns the vehicle; and

11.13.5 The vehicle is either registered to the TPTO or is a vehicle provided by the applicant.

11.14 Applicants and testers are prohibited from smoking, drinking, or eating during an SRE.

11.15 All personal electronic devices, including cell phones, tablets, and similar devices not used as part of the actual testing process must be turned off during the exam.

11.16 No passengers, pets, or interpreters may be in a vehicle during an SRE. Occupants in a vehicle during a road exam are limited to the applicant and the ST, with the following exceptions:

11.16.1 A Division representative when an audit is being performed per section 12.0;

11.16.2 An additional, certified ST to satisfy shadow drive requirements. Notification must be made to the Division and applicant before the SRE; or

11.16.3 Service dogs, meaning dogs that are individually trained and certified to do work or perform tasks for people with disabilities. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals in the context of this regulation.

11.17 STs must critique the applicant's performance throughout the course of the exam.

11.18 STs must note any deviations from the approved route during the Skills Test on either the CDL Skills Test Score Sheet or the electronic tablet.

11.19 STs must note all failures on either the applicant's CDL Skills Test Score Sheet or electronic tablet and electronically submit a failed score sheet to the Division within 24 hours of the exam.

11.20 The applicant's score and finish time must be recorded on the score sheet once the vehicle used for testing has been secured at the conclusion of the test.

11.21 Only STs can submit the CDL Skills Test Score Sheet via an electronic means deemed appropriate by the Division. The test data will remain valid for 1 year from the date of completion.

11.22 Upon successful completion of either a skills exam, a road exam, or both, ST's must complete either the CDL Skills Test Score Sheet or electronic completion statement. The tester and applicant must sign the form.

11.23 A ST's signature on either a CDL Skills Test Score Sheet or electronic tablet constitutes a representation by the ST that the actual applicant whose name is on the score sheet took the exam.

11.24 Recertification of STs is due by the third anniversary of the ST's certification or recertification dates. STs seeking recertification must:

11.24.1 Provide a certified driving record showing the ST's driver license has not been suspended, revoked, or disqualified for moving violations within the previous 5 years. If the ST candidate is a Delaware resident, the driving record requirement can be satisfied if the candidate provides the Division permission to review their Delaware driving record; and

11.24.2 Attend at least 1 continuing education or refresher class for updated testing practices every 3 years as part of the recertification process.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-12.0 Auditing

12.1 Auditing and monitoring shall be performed by Division personnel in accordance with 49 CFR §384.229.

12.2 A Division representative will conduct on-site compliance inspections without notice as often as the Division deems necessary and at the minimum frequency as specified in 49 CFR §383.75(a) to ensure TPTOs continue to meet the standards established by the Division. During an on-site compliance inspection, the Division will review all required documentation and equipment, including:

12.2.1 Student completion statements and skills or road exam records;

12.2.2 Vehicles, to include inspection and review of vehicle records;

12.2.3 Contracts;

12.2.4 ST training student enrollment records;

12.2.5 ST training student completion records;

12.2.6 ST training classroom facilities;

12.2.7 Testing records; and

12.2.8 Monthly reports outlining the supporting data, advertising, and skills and road test exam information.

12.3 The Division reserves the right to retest any student or applicant if an audit indicates the test was not administered properly or did not meet Division's standards.

12.4 Audits may be conducted at the TPTO's office, the Division's office, or at another location as determined by the Division.

12.5 TPTO records must be accessible during normal business hours and made available to a Division or FMCSA representative upon request.

12.6 Records will be checked for accuracy and completeness, such as missing, voided, or altered records.

12.7 During Division compliance audits, TPTOs must cooperate with both the Division and FMCSA, allow access to testing areas and routes, and supply student names and testing records, results, and any other items as requested by the Division or FMCSA. Failure to fully cooperate may result in discipline, up to and including license revocation.

12.8 The Division will randomly audit ST motor vehicle records and must authorize the Division to access any TPTO vehicle registration data maintained in the Division's database.

12.9 The Division will conduct audits in compliance with 49 CFR §383.75 (a)(5).

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-13.0 Advertising

13.1 Advertisements must not imply that a TPTO can issue or guarantee the issuance of a Delaware driver credential.

13.2 Advertisements, TPTO employees, and subcontractors must not imply that a TPTO or the employee or subcontractor has influence with the Division on the issuance of a Delaware driver credential.

13.3 No TPTO agent, ST, or other TPTO employee may in anyway represent themselves as agents or employees of the Division.

13.4 No TPTO agent, ST, or other TPTO employee is permitted to solicit or advertise by placing marketing materials anywhere on the premises of any Division office.

13.5 Use of the Delaware State seal or Division logo by a TPTO is strictly prohibited for the purposes of promoting the TPTO business.

13.6 TPTOs must not advertise a business practice that violates any Federal or State statute, rule, policy, or regulation.

13.7 TPTOs cannot solicit Division employees at any time.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-14.0 Decertification, Probation, Suspension, Cancellation, Denial, Renewal Refusal, and Revocation

14.1 New applications for a TPTO license or ST certification can be denied, or a current TPTO licenses or ST certification can be placed on probation, suspended, revoked, or refused renewal for any 1 of the following reasons:

14.1.1 Falsification of information or making a material misstatement on or accompanying the application for certification, recertification, licensing, or renewal;

14.1.2 Change in the business location without prior notification to and approval by the Division;

14.1.3 Change of ownership without prior notification to and approval by the Division;

14.1.4 An ST failing to attend a Division continuing education or refresher class within a 3 year period until the continuing education has been successfully completed;

14.1.5 An ST failing to attend the scheduled refresher class;

14.1.6 An ST failing to pass the Division's in-vehicle evaluation audit;

14.1.7 Fraudulent use of the forms or completion statements by an ST;

14.1.8 Testing on an unapproved testing route;

14.1.9 Unauthorized use of a certificate number of an individual ST's certification;

14.1.10 Falsification of or failure to keep and provide, adequate records and information in the approved record management plan as described in subsection 5.5.3 of this regulation;

14.1.11 Falsification of or failure keep and provide, adequate financial records and documents as required, including a refusal to be audited;

14.1.12 Failure to comply with the SRE requirements described in Section 11.0 of this regulation, to include the altering or omission of exam material and content without approval from the Division;

14.1.13 Failure to provide updated insurance and vehicle registration information to the Division within 30 days of expiration until current insurance or registration is received;

14.1.14 Failure of a TPTO to address or correct problems found in a previous audit;

14.1.15 Failure to comply after receipt from the Division of a cease-and-desist order or written warning;

14.1.16 Failure of the TPTO to comply with State or Federal laws and regulations, standards, or contractual obligations;

14.1.17 Submission of documentation that represents testing has been successfully completed when the CDL applicant has not successfully completed testing;

14.1.18 Examination of a CDL applicant before they meet the statutory requirements or postdating a completion application or statement;

14.1.19 Omission of any test requirements from an SRE by a TPTO or ST;

14.1.20 Allowance of a CDL applicant to test more than once per day;

14.1.21 Use of approved testing routes as a pre-test or practice for CDL applicants;

14.1.22 Failure to execute test pad maintenance per submitted plan;

14.1.23 Failure of the TPTO to meet the requirement for delivering SREs to the minimum number of applicants over any given 12-month period;

14.1.24 As the result of a complaint or hearing decision, as described in Section 15.0 of this regulation;

14.1.25 Failure of a TPTO to report a change of status with the driver license of 1 of its ST;

14.1.26 Failure of a TPTO to submit monthly reports, if required, by the 10th of the month for the prior month, unless a hardship is determined by the Division. The failure to submit monthly reports required of a TPTO on more than 1 occasion during any 12-month period may result in additional suspension or revocation of privileges up to and including revocation of the license or denial of a license renewal;

14.1.27 Failure of a TPTO to comply with the conditions set forth in their contract with the Division;

14.1.28 An ST administering any road skills exam to a member of their immediate family; or

14.1.29 Participation in criminal activities including:

14.1.29.1 An ST convicted of any felony charges per 49 CFR §384.228(h) after the application date;

14.1.29.2 An ST, employee, or subcontractor of a TPTO who has access to the computerized systems for entering test scores and schedules and has been convicted of or pled guilty or nolo contendere to a felony or received a deferred sentence to a felony charge;

14.1.29.3 An ST who participates in any illegal activity related to driver licensing or testing; or

14.1.29.4 An ST who has accumulated 5 or more points on their driver license within a 3-year period, or their license has been suspended, revoked, forfeited, or denied by the Division.

14.2 If a TPTO is found to be non-compliant with the terms of its agreement with the Division, then the agreement between the Division and the TPTO may be terminated.

14.3 If the Division believes that an ST has violated the provisions of these rules or any Federal regulations, state statutes, or that the public health, safety, or welfare is at risk, the Division will act in accordance with 49 CFR §383.75 (a) (6).

14.4 The Division reserves the right to permanently revoke any privileges of the program described in this regulation.

14.5 If a CDL applicant's testing was improper, illegal, or fraudulent, the applicant may have their driver license canceled, suspended, revoked, disqualified, denied, or downgraded.

14.6 In the event the TPTO license is not renewed or is otherwise suspended or revoked, all individual ST certifications associated with that TPTO will be cancelled.

14.7 A TPTO or ST who has their license cancelled or decertified must wait 6 months from the date of decertification or license cancellation before applying for recertification or licensing.

14.8 An ST who is decertified solely as the result of a TPTO license being suspended, cancelled, revoked, or otherwise not renewed will not be required to serve the 6-month waiting period before reapplying as outlined in subsection 14.7.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-15.0 Customer Complaints

15.1 Any person who wishes to file a complaint regarding any TPTO or ST must do so in writing to:

Delaware Division of Motor Vehicles

Attn: Driver Services, CDL Section

P.O. Box 698

Dover, DE 19903

15.2 The complaint shall state the name of the TPTO, any applicable STs, and the facts which constitute the basis of the complaint. The Division may, at its discretion, dismiss the complaint without a hearing. A dismissal of the complaint shall be without prejudice and no further action shall be taken by the Division.

15.3 The Division, upon determining that the complaint merits further investigation shall:

15.3.1 Assign a staff member to investigate the complaint;

15.3.2 Provide a redacted copy of the complaint, removing personal identifiable information (PII) of the complainant unless required for the response, within 15 business days of its filing to the TPTO or ST who is subject of the complaint; and

15.3.3 Send the complaint by certified mail or other verifiable means to the TPTO or ST named in the complaint at the address or addresses of record on file.

15.4 All TPTOs must cooperate with any investigation of a complaint against the TPTO or ST. Failure to cooperate with any investigation may be used as the basis for additional action against the TPTO, the ST, or both, by the Division.

15.5 The TPTO or ST has 15 business days from the date on which the redacted copy was provided to respond to the complaint in writing to the Division at the address provided in subsection 15.1.

15.6 Upon a recommendation for further action, the Director or the Director's designee, shall determine whether the TPTO or ST shall receive a written warning, be placed on probation for not more than 90 days, be suspended for a period not to exceed 6 months, be permanently decertified, or be revoked for 1 or more violations of this regulation. For purposes of the enforcement of this regulation and the protection of the public, progressive discipline is not required.

15.7 Upon a finding provided for in subsection 15.6 of this regulation, the Division shall provide written notice to the TPTO or ST by certified mail, email with receipt, or other delivery service with receipt. A copy of the notice shall also be provided to the complainant. The notice shall include the following:

15.7.1 A summary of the complaint;

15.7.2 A summary of the information obtained in the investigation;

15.7.3 Findings of fact or law, including the law or regulation allegedly violated by the TPTO or ST;

15.7.4 A statement by the Division on whether action will be taken and a description of the course of action intended; and

15.7.5 Notice of the TPTO's or ST's right to request a hearing to dispute the complaint. The hearing must be requested within 10 business days from the date on which the TPTO or ST received the certified or receipted notice.

History

27 DE Reg. 191 (09/01/23)

2 Del. Admin. Code § 2226-16.0 Hearings

16.1 The Division will provide prior notice to any TPTO or ST of an intent to suspend, revoke, deny, refuse renewal, cancel, or decertify a license or certification as the result of a complaint or for any other reason per this regulation.

16.2 The written notice will be provided by certified mail, email with receipt, or other delivery service with receipt and shall inform the TPTO or ST of the following:

16.2.1 The Division's proposed action against the TPTO or ST;

16.2.2 The nature of the complaint or finding and the law or regulation allegedly violated by the TPTO or ST;

16.2.3 The citation of the law or regulation giving the Division the authority to act;

16.2.4 The right to request a hearing to dispute the complaint. The hearing must be requested within 10 days from the date that the TPTO or ST received the notice or the Division received the return receipt for delivery of the notice, whichever date is earlier; and

16.2.5 The right of the TPTO or ST to present evidence, to be represented by counsel, and to appear personally or by other representative at the hearing.

16.3 If the TPTO or ST requests a hearing, one will be scheduled by the Division with a minimum notice of 10 business days.

16.4 The Division Director, or the Director's designee, may initiate investigations, appoint a hearing officer, or subpoena witnesses.

16.5 The Director, or the Director's designee, may postpone or continue any hearing for any reason.

16.6 The TPTO or ST may request up to 2 continuances of the hearing upon written application to the Division for good cause shown.

16.7 The granting or denying of a request for continuance made by the TPTO or ST shall be in the sole discretion of the Division.

16.8 Any intended suspension, revocation, decertification, or license removal by the Division will not be implemented until after the Director, or the Director's designee, has rendered a decision and provided written notice to all parties of that decision by certified mail, email with receipt, or other delivery service with receipt.

16.9 After the hearing, the Director, or the Director's designee, shall consider the nature of the violation or violations, the TPTO's or ST's willingness to make restitution to all parties harmed by the actions and the effect of the proposed action on the community.

16.10 TPTOs must return licenses and any other program documents to the Division within 10 business days of the cessation of business.

History

27 DE Reg. 191 (09/01/23)

Motor Fuel Tax Administration Motor Fuel Tax Administration

2244 Motor Fuel Tax Regulations

2 Del. Admin. Code § 2244 Motor Fuel Tax Regulations

2200 Division of Motor Vehicles

Motor Fuel Tax Administration

THESE REGULATIONS ARE PROMULGATED BY THE SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY IN ORDER TO PROMOTE THE EFFECTIVE ENFORCEMENT AND ADMINISTRATION OF THE MOTOR FUEL AND SPECIAL FUEL TAX LAW (CHAPTER 51, TITLE 30, DELAWARE CODE) AS SPECIFICALLY AUTHORIZED IN SECTION 5118 AND SECTION 5138 RESPECTIVELY OF SAID LAW AND FURTHER AUTHORIZED IN THE BODY OF SAID LAW.

2244 Motor Fuel Tax Regulations

Subchapter I. Gasoline

1.1 Delegation:

1.1.1 The routine administration of this subchapter is hereby delegated by the Secretary of Public Safety to the Director of the Division of Motor Fuel Tax except in the matters of appeal of tax assessments and promulgation of rules and regulations.

1.2 Definitions:

"Gasohol" shall be a blend of nine (9) parts unleaded gasoline and one (1) part ethanol and shall be mixed by a distributor at time of delivery to a purchaser. A retail seller shall clearly label all pumps dispensing gasohol as such.

"Gasoline" as defined in section 5101(4), shall include the mixture of gasoline and ethyl alcohol (ethanol) commonly referred to as "gasohol".

"Retailer" shall include a service station, operator, broker, jobber, peddler or any person who offers gasoline for sale in Delaware and who does not possess a valid Delaware Distributor's license.

1.3 License:

1.3.1 MFT-6 for a Retailer's license. The license is required before any person can import, export, sell or distribute gasoline in this state. A business operating without a license may be issued a "Stop Sale" order until the proper license has been acquired.

1.3.2 A license issued by the Department shall be displayed in a conspicuous manner on the premises described on the license.

1.3.3 A license is not transferable to a new owner of a business and must be returned to the Department for cancellation if a business terminates, for whatever reason, during a license year.

1.3.4 A license application shall be reviewed within ten (10) state business days of receipt in this Division and immediately processed, if properly prepared and accompanied by the prerequisite surety bond. If the application is not complete (including bond), it will be returned to the applicant within the ten (10) day review period for the necessary information and/or documents required.

1.4 Bond:

Surety bond (Form MFT-3) in the amount of an estimated three (3) months' tax liability is required before a Distributor's license can be issued. A bond is not required for a Retailer's license.

1.5 Tax Exempt Sales:

1.5.1 Any agency of the Federal, State, County, or Municipal governments or a volunteer fire company or a volunteer ambulance service may purchase gasoline tax free, but first they must apply to the Department for tax exemption on Form MFT-16 in triplicate. Upon approval by the Department, two copies will be returned to the applicant - one for the applicant's files and one to be forwarded to the Distributor. The applicant's copy may be reproduced as needed for presentation to a new Distributor.

1.5.2 Any licensed Distributor intending to sell gasoline tax free to exempt purchasers enumerated in paragraph 1 must first require a tax exemption certificate from said purchaser. The gasoline sale will then be billed tax free to said purchaser by the Distributor. Gasoline cannot be purchased tax free with cash at the pump.

1.6 Reporting:

1.6.1 Tax accrues on delivery of gasoline to a retail dealer (Section 5112) whether a sale or on consignment or whether the outlet is owned by the Distributor. This is interpreted to mean at the time of the "drop", i.e., when placed into the storage tank(s) of the retail outlet.

1.6.2 Ethanol used to produce gasohol is to be reported on the Distributor's monthly report in the same manner as gasoline.

1.6.3 The aggregate allowance for evaporation loss of gasoline as reported on line 14 of the Distributor's monthly report (MFT-1) is limited to a maximum of 1% of the total of the beginning inventory plus receipts over a twelve-month period. Loss in excess of this will be taxed. Tax, once paid, is not recoverable on gasoline lost or missing from a bulk storage tank.

1.6.4 A casualty loss of untaxed gasoline may be claimed if documentation is provided to the satisfaction of the Secretary of Public Safety.

1.7 Refunds:

1.7.1 Tax will not be refunded on gasoline used from the supply tank of a licensed vehicle even though that fuel is used off-highway to operate a power take-off or a separate motor. However, if the vehicle has a separate fuel tank for the loading-unloading operation or if the vehicle is equipped with a metering device which measures the gasoline used in loading and unloading operations when the vehicle is at a standstill, a refund may be claimed. Prior permission and reporting requirements must be secured from the Director before claiming such refunds.

1.7.2 As proof of gasoline purchased on refund applications (Form MFT-4), original invoices must be submitted bearing name of seller, name of purchaser, date of purchase, type of fuel, number of gallons purchased, price per gallon and total amount paid. They must also be marked "paid" and initialed by the seller. In the absence of original invoices for bulk purchases, an itemized statement from the seller indicating that payment has been made will suffice. In the case of gasoline purchased at a retail station in a can or drum for boats, planes or other non-highway use, the invoice must so indicate.

1.7.3 On refund applications, persons claiming to have purchased gasoline at a retail station, when the vehicles are normally fueled from claimant's own bulk tank or when a bulk tank is available on claimant's premises, must present copies of invoice tickets or credit cards to substantiate such retail purchases.

1.7.4 A claimant must indicate ALL gasoline purchased and ALL vehicles fueled from bulk tanks owned or controlled by him on a refund claim and be prepared to document off-highway use, if necessary.

1.7.5 A false statement on a refund claim with intent to mislead or defraud the state shall constitute grounds for voiding the entire claim and expose the claimant to criminal prosecution.

1.7.6 The Director has the right and the obligation to determine a reasonable number of gallons of fuel used per acre in each farm claim for refund. The burden of proof of actual fuel used in farming operations rests with the claimant. In the absence of such proof, the Director may adjust the refund claim to a reasonable figure for farm use.

1.7.7 No gasoline tax refund will be made to any person who owes this Division tax or an assessment, for any reason, until payment is received.

1.8 Records:

1.8.1 The records of Distributors, as required in section 5123, may be microfilmed and these presented to auditors conducting periodic audits, providing the original records are maintained for three (3) years and are available when and if required during the audit. Equipment for viewing the microfilm must be provided by the taxpayer.

1.9 Standards:

1.9.1 When analyzed by a laboratory, if the ethanol content of a sample of gasohol is significantly more or less than 10%, a "Stop Sale" will be issued to the seller until the situation is corrected.

1.9.2 Assuming a "Stop Sale" is issued for a specification failure of gasohol, adding straight ethanol to the storage tank to raise the ethanol content will not be permitted. The product must be pumped out and reblended at the proper temperature for homogenizing before replacing into storage.

1.9.3 For purposes of the administration of this chapter, the State of Delaware does hereby adopt the specifications of motor fuels as defined by the "American Society of Testing and Materials" (ASTM).

1.10 Inspection:

1.10.1 The inspection of records authorized under section 5123 shall be deemed to include the inspection of the physical premises, including storage facilities, fuel pump totalizers, the measurement of actual inventories and the taking of fuel samples for testing purposes for which reimbursement will be made.

1.10.2 Whenever an agent of the Department of Public Safety shall find any person marketing gasoline in violation of the provisions of Chapter 51, Title 30, Delaware Code, or the rules and regulations promulgated pursuant thereto, he may direct such person to cease such violation including further sale or distribution of motor fuel and issue a "Stop Sale" for the whole or any part of the operation until such violation has been corrected.

1.10.3 Substandard or contaminated gasoline or gasohol and inoperable or inaccurate pump totalizers shall be specific, but not exclusive, reasons to issue an immediate "Stop Sale". If, after such notification the violation continues, the Secretary of the Department of Public Safety shall refer the matter to the Attorney General of Delaware for legal action as specified in section 5128, Chapter 51, Title 30, Delaware Code.

1.11 Electronic Funds Transfer (EFT)

1.11.1 Definitions:

“Account Name” represents the name that the RDFI will credit with EFT funds being transferred. All funds are credited to the Delaware Transportation Trust Fund.

“Amount” identifies the dollar amount being remitted for each amount type by license and tax period. Since the computer program is right justified, the amount figure should always contain cents (cc).

“Amount Type” is used to identify the payment amount which follows. Identified values include "T" for tax, "P" for penalty and "I" for interest.

“Automated Clearinghouse (ACH)” is a system specifically established to facilitate the processing of electronic payments.

“Automated Clearinghouse Credit (ACH-Credit)” is defined as a transaction in which the taxpayer notifies its originating depository financial institution (ODFI) that it desires to make one or more payments to the receiving depository financial institution (RDFI).

“Bank Routing Number/Account Number” represents the bank routing number for Wilmington Trust Company and Delaware Transportation Trust Fund Account Number

“Electronic Funds Transfer (EFT)” is a generic term applied to any of several means of making payments from one party to another through a series of instructions and messages communicated electronically (via computer) among financial institutions.

“Fedwire” is an alternative method of transferring payment from the taxpayers ODFI to the States RDFI.

“Originating Depository Financial Institution (ODFI)” is defined as the financial institution used by the taxpayer to make one or more payments through a series of instructions or messages.

“Receiving Depository Financial Institution (RDFI)” is defined as the bank designated by the State of Delaware (Wilmington Trust Company) to receive electronic funds transfer (EFT) payments.

“Tax Payment (TXP) Format” is the standardized method of identifying one or more payment types within an EFT transmission.

The TXP Format contains the following segments which identify the data that pertains to an EFT transmission such as FEI-License Number, tax type, tax period, amount type, and amount.

A TXP format may contain payment of tax, interest and penalty if it is in payment of the same federal employer identification number-license number, tax period and tax code.

“Tax Period” is used to identify the tax period in which the payment covers. The digits from left to right represent year-month-date (YYMMDD) respectively.

“Tax type” represents which kind of payment that is being transmitted. Code "051" is used exclusively for payment of motor fuel (gasoline) and "052" is used exclusively for payment of special fuel.

“Taxpayer FEI-License Number” is the identification number used in the TXP format to identify the taxpayer originating the EFT payment. This identification number consists of your Federal Employer Identification number and the five (5) digit license number indicated in the upper right hand corner of the license issued to you by this Division. The FEI number and license number must be separated by a hyphen (-). A separate TXP format is required for each license held.

“Terminator ()” is used to end a single TXP format.

“The separator” is used to separate fields within a TXP format. The character to be used as a separator is the asterisk (*).

“Total Payment” represents the total monies that are being transferred by the taxpayers bank to the Delaware Transportation Trust Fund. The total amount of the transfer must agree with the payment for each EFT segment.

“Transaction” is defined as the transmittal of the EFT payment accompanied with as many TXP formats as required to completely identify all components of the payment. Refer to "Electronic Funds Transfer Payment Requirements" under Section 11.3.1.

1.11.2 Electronic Funds Transfer Payment Requirements:

1.11.2.1 Every company/firm with a combined (motor fuel and special fuel) minimum monthly tax liability of $20,000 must electronically transmit their tax payments utilizing the ACH-Credit transfer method and follow the tax payment (TXP) format indicated in Section 1.11.3.

1.11.2.2 Any newly licensed company/firm who meets the $20,000 monthly minimum tax threshold requirement must implement the EFT program within two months of receipt of the license.

Any company/firm currently licensed who meets the $20,000 monthly minimum tax threshold requirement for the first time must implement the EFT tax payment program within two months of notification by this Division.

1.11.2.3 Any company/firm that has a combined minimum monthly tax liability of less than $20,000 may electronically transmit their tax payments following the same procedures mentioned in 1.11.2.1 and 1.11.2.2.

1.11.2.4 If payment of penalty and/or interest is for a period other than the tax payment period, a separate TXP format transmission is required for the penalty and/or interest payment.

1.11.2.5 Should a monthly tax period involve a zero payment or no activity tax return, a TXP payment format must be transmitted indicating "0" in the appropriate amount fields.

1.11.2.6 The use of EFT payments, whether required by regulation or on a voluntary basis, cannot be discontinued until requested and approved by the Director.

1.11.2.7 In cases of emergency, the Division will allow the use of Fedwire to electronically transmit tax payments. Prior approval must be obtained from the Department Secretary at least two (2) days prior to the due date so that tax data information may be obtained in order to credit the proper taxpayer account.

1.11.2.8 In lieu of making monthly EFT payments, tax returns and remittances may be hand delivered prior to 12:00 noon (Eastern Standard Time) on or before the due date.

1.11.2.9 All EFT payments must be received by the Receiving Depository Financial Institution before 2:00 p.m. (Eastern Standard Time) on or before the due date. An official state holiday calendar will be distributed annually to all licensed motor fuel and special fuel accounts. When the due date falls on a weekend or state holiday, the due date of the tax payment shall be the next following business day of the state.

1.11.2.10 In order to ensure that tax payments are timely credited to the state account, the Division recommends that the taxpayer notifies its originating bank (ODFI) at least two or three days prior to the impending EFT transaction. A pre-note (test) of the EFT system should take place at least ten days prior to the first EFT transmission in order to establish proper EFT transaction procedures.

1.11.3 Tax Payment (TXP) Format Requirements:

1.11.3.1 The following tax payment format must be used by required EFT accounts and those accounts who elect the EFT program on a voluntary basis.

1.11.4 Tax Report/Schedule Requirements:

1.11.4.1 Tax reports, including applicable schedules, must continue to be filed (U.S. postmarked) on or before the 25th of the month following the tax report month in order to be considered timely filed.

Subchapter II. Special Fuel

2.1 Delegation:

The routine administration of this subchapter is hereby delegated by the Secretary of Public Safety to the Director of the Division of Motor Fuel Tax except in the matters of appeal of assessments and promulgation of rules and regulations.

2.2 Definitions:

Special fuel is any distillate fuel, alcohol or liquified petroleum gas suitable for propelling a motor vehicle when such fuel is placed into the supply tank of a motor vehicle licensed to operate on the highways or when such fuel is placed into the bulk supply tank(s) of a special fuel User or Dealer capable of redistribution into a motor vehicle.

2.3 License:

2.3.1 Any person who is both a User and a Dealer of special fuel must be licensed as both. The combined monthly tax report filed by such persons must be submitted in duplicate.

2.3.2 Any person licensed as a special fuel Supplier is not required to be licensed as a special fuel User or Dealer even though he might be acting as such. Taxable use, retail sales and bulk sales will all be reported on the Supplier's monthly report (SF-9).

2.3.3 Only a licensed special fuel Supplier may supply or place special fuel into a bulk storage tank capable of redistribution which does not display a tax exemption sticker thereon. If a tax exemption sticker is not in evidence, the licensed Supplier must include the applicable tax in the price of the fuel and remit same to this Division monthly.

2.3.4 A distillate fuel supplier may place special fuel from a tank truck into the supply tank of a licensed motor vehicle not owned by himself only if (1) he is the holder of a special fuel Dealer's or Supplier's license authorizing him to collect the applicable tax or (2) the owner of the vehicle is a licensed User. An exception would be made only in case of emergency.

2.3.5 A license is not transferable and is valid until expired, cancelled or revoked.

2.3.6 Each bulk supply tank is considered to be a separate location for purposes of licensing and reporting same.

2.3.7 A license application shall be reviewed within ten (10) state business days of receipt in this Division and immediately processed if properly prepared and accompanied by the prerequisite surety bond. If the application is not complete (including bond), it will be returned to the applicant within the ten (10) day review period for the necessary information and/or documents required.

2.4 Bond:

2.4.1 A surety bond must be procured by the applicant before a special fuel license can be issued. The bond (Form SF-3) must be in amount of approximately three (3) months' tax liability, but not less than $500 nor more than $100,000.

2.4.2 The special fuel bond shall cover the liability of a special fuel licensee whether the licensee is the holder of one or more special fuel licenses or whether the licensee terminates one type of special fuel license and acquires another.

2.4.3 The Director of the Division of Motor Fuel Tax assumes the right, in the case of a taxpayer with multiple locations and, therefore, multiple licenses, to require a separate surety bond for each such license when the maximum surety amount of $100,000 for one bond does not cover the aggregate 3-months' tax liability of said taxpayer.

2.5 Reporting.

2.5.1 A monthly tax report is required for each licensed location (tank) of special fuel. A User or a Dealer reports on Form SF-4. A Supplier reports on Form SF-9.

2.5.2 A licensed Dealer of special fuel must file a report (SF-24) of the meter (totalizer) reading of each diesel pump as of the last day of each month, on or before the 25th day of the following month.

2.5.3 A report is required for each month, or fraction thereof, in which a license is held whether or not there were transactions.

2.5.4 The aggregate allowance for evaporation loss of special fuel as reported on line 9 of the User/Dealer monthly report (SF-4) is limited to a maximum of 1/2 % of the total of the beginning inventory plus receipts over a twelve-month period. Tax, once paid, is not recoverable on special fuel lost or missing from a bulk storage tank.

2.6 Tax Exemption:

2.6.1 Special fuel placed into a licensed motor vehicle is tax exempt only when used by federal, state, county or municipal governments or by volunteer fire companies, or by volunteer ambulance services in their official vehicles.

2.6.2 Special fuel placed into reefer units is tax exempt.

2.6.3 Special fuel delivered or placed into a bulk supply tank capable of redistribution is not tax exempt unless there is a special fuel tax-exemption sticker affixed to the pump. This sticker is obtained by the user at no charge from the Division of Motor Fuel Tax by completing an application (SF-8) attesting to the non-taxable use of the fuel thus stored.

2.6.4 Any distillate fuel supplier may supply or place fuel into a bulk storage tank which displays a tax-exemption sticker. However, only a licensed special fuel Supplier may supply a tank with no sticker affixed thereto. The Supplier must then include the applicable tax in the price of the fuel delivered or placed into said tank.

2.6.5 A licensed User or Dealer will automatically receive a tax-exemption sticker with his license which must be affixed to his bulk storage tank or pump to indicate to a special fuel Supplier that fuel may be placed into said tank tax-free.

2.7 Records:

2.7.1 Every licensed special fuel User shall keep fuel invoices, inventory records, and licensed vehicle odometer readings and shall maintain a record book or log on or near the fuel pump in which to record special fuel placed into his motor vehicles for reporting purposes. Licensed Users paying the applicable tax based upon receipt of special fuel into storage must only keep fuel invoices. If special fuel is occasionally purchased at retail stations for vehicles, purchase receipts must be maintained for audit purposes.

2.7.2 Every licensed special fuel Dealer must keep special fuel invoices, inventory records, copies of special fuel sales tickets and shift reports to substantiate the monthly report filed. He must also record the pump meter (totalizer) readings on the last day of each month for reporting sales monthly. All non-taxable special fuel sales must be substantiated by a sales ticket indicating the nature of the sale.

2.7.3 Every licensed special fuel Supplier must provide sales invoices to their customers indicating seller's name, purchaser's name, date of sale, type of fuel, number of gallons sold, price per gallon and the statement "State Tax Included" or "State Tax Not Included".

2.8 Standards:

For purposes of the administration of this sub-chapter, the State of Delaware does hereby adopt the specifications of special fuels as defined by the "American Society of Testing and Materials" (ASTM).

2.9 Inspection:

2.9.1 The inspection of records authorized under section 5138(b) shall be deemed to include the inspection of the physical premises of the licensee, including storage facilities, fuel pump totalizers, the measurement of actual inventories and the taking of fuel samples for testing purposes, for which reimbursement will be made.

2.9.2 Whenever an agent of the Division of Motor Fuel Tax shall find any person marketing special fuel in violation of the provisions of Chapter 51, Title 30, Delaware Code, or the rules and regulations promulgated pursuant thereto, he may direct such person to cease such violation including further sale or distribution of special fuel and issue a "Stop Sale" for the whole or any part of the operation until such violation has been corrected.

2.9.3 Substandard or contaminated special fuel and inoperable or inaccurate pump totalizers shall be specific, but not exclusive, reasons to issue an immediate "Stop Sale". If, after such notification the violation continues, the Secretary of Public Safety shall refer the matter to the Attorney General of Delaware for legal action as specified in section 5139, Chapter 51, Title 30, Delaware Code.

2.10 Liquified Petroleum Gas:

The following formula has been adopted for conversion of Liquified Petroleum Gas for purposes of tax reporting:

One pound of LP Gas = .2359 gallons

One gallon of LP Gas = 4.239 pounds

Source of this equation is Practical Guide to LP Gas Utilization; E. A. Clifford, Editor; Harbrace Publication.

2.11 Presumption:

Any special fuel User, Dealer or Supplier whether licensed or unlicensed, who maintains bulk storage of special fuel and who also owns (or controls) a licensed diesel motor vehicle or vehicles, is presumed to be fueling such vehicles from his own bulk storage facilities. If exception to this regulation is claimed by the User/Dealer/Supplier, he must be prepared to produce retail fuel purchase tickets to verify same. Recording of the vehicle odometer readings would also be advised to substantiate fuel used.

2.12 Electronic Funds Transfer (EFT)

For purposes of administering this section of the promulgated regulations with respect to special fuels, the same definitions, tax payment requirements, tax payment format requirements and tax report/schedule requirements as outlined under Section K. (Subchapter I) motor fuels shall apply.

2.13 Alternative Fuel Credits

2.13.1 Companies, organizations or entities must register with the Director, Motor Fuel Tax Administration or his designee to use non-taxed alternative special fuel in licensed motor vehicles involved in a pilot program, test program or demonstration program by documenting the following information.

2.13.1.1 The total number of vehicles in your firms registered fleet.

2.13.1.2 The number of alternatively fueled vehicles in the fleet including the types of alternative fuel used.

2.13.1.3 The number of alternative vehicles to be considered as part of the demonstration program, test program or pilot program.

2.13.1.4 Identify any alternatively fueled motor carrier class vehicles intended to be made a part of the demonstration program, test program or pilot program.

2.13.1.5 The nature of the data to be collected on fuel economy, performance and air emission test for program analysis as required by Title 30, Chapter 51, Section 5131(11), Delaware Code.

PLEASE NOTE: Any company, organization or entity that is not collecting and analyzing data on alternative fuel economy and performance will be determined not to be conducting a test program to determine the commercial feasibility of alternatively fueled vehicles.

2.13.1.6 Identify all source(s) of supply for alternative fuel purchases including name, address and phone number.

2.13.2 Companies, organizations or entities engaged in pilot programs, test programs or demonstration programs to determine the commercial feasibility of alternatively fueled vehicles must either:

2.13.2.1 Be licensed as a Special Fuel User in accordance with Title 30, Chapter 51, Subchapter II, Delaware Code, or

2.13.2.2 Purchase its alternative fuel from a licensed Special Fuel Supplier or Dealer who is capable and willing to report separately the alternative fuel sold as a motor fuel in relation to the approved demonstration program. The licensed Special Fuel Supplier or Dealer is responsible for the maintenance of records to support the non-taxed demonstration program alternative fuel distribution. Only the alternative special fuel placed into the supply tanks of vehicles included in an authorized demonstration program as authorized by the Director, Motor Fuel Tax Administration shall be tax exempt.

2.13.3 In the event that a company, organization or entity conducting an authorized demonstration program operated "dual fuel vehicles", only the alternative special fuel used to propel the subject vehicle will be exempt from the motor fuels excise tax. All other conventional fuel used to propel the dual fuel vehicle shall be subject to the motor fuels excise tax.

2.13.3.1 "Dual fuel vehicle" is considered a vehicle that is capable of operation on more than one type of fuel. "Conventional fuel" is considered gasoline (in all formulation states) and special fuel middle distillates to include diesel, fuel oil and kerosene (in all formulation states).

2.13.4 The number of vehicles involved in pilot programs, test programs or demonstration programs cannot exceed the greater of 10 vehicles or 10 percent of the taxpayers fleet. The number of vehicles authorized to be included in such pilot programs, test programs or demonstration programs shall be calculated based on the firms registered fleet.

2.13.5 Companies, organizations and entities conducting an authorized pilot program, test program or demonstration program shall identify and report to the Motor Fuel Tax Administration the specific vehicles included in such a program by the company's vehicle number or license plate number. Any vehicle changes must be reported to the Motor Fuel Tax Administration. Companies, organizations or entities with greater than 10 percent of their registered fleet converted to operate on alternative fuel shall not be permitted to regularly rotate the vehicles involved in such pilot programs, test programs or demonstration programs.

2.13.6 Any Delaware registered motor carrier class vehicle included in a pilot program, test program or demonstration program, into which non-taxed alternative special fuel is placed, is not exempt from motor carrier reporting. Companies, organizations or entities operating a fleet of motor carrier class vehicles, will be required to have a separate motor carrier registration for the reporting of alternatively fueled motor carrier class vehicles involved in demonstration programs. Quarterly motor carrier tax reports for vehicles included in demonstration programs are to be calculated so as to indicate no tax liability and no credit accrual by reporting Delaware fuel purchases on line 7a equal to the calculated Delaware fuel usage. No over purchase credit refunds will be established based on non-taxed alternative special fuel placed into vehicles included in demonstration programs. Also, no additional motor carrier road usage tax liabilities will be established if the vehicles are operated interstate.

2.13.7 The effective date for application of excise tax credits or refunds on special fuel used in alternatively fueled vehicles shall be October 29, 1993. Retroactive excise tax credits and/or refunds may be granted provided the firm requesting the refund or credit registers with the Motor Fuel Tax Administration in accordance with M.1.

Office of Retail Gasoline Sales Office of Retail Gasoline Sales

2245 Regulations for the Office of Retail Gasoline Sales

2 Del. Admin. Code § 2245 Regulations for the Office of Retail Gasoline Sales

Office of Retail Gasoline Sales

2245 Regulations for the Office of Retail Gasoline Sales

1.0 Definitions

Definitions in 6 Del.C. §2901 are applicable to these regulations. The following words and phrases, when used in these regulations and for the purpose of the administration of 6 Del.C. Ch. 29, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:

"Act" means 6 Del.C. Ch. 29, the Retail Sales of Motor Fuel Act.

"Commissioned agent" means a person, partnership, corporation or other entity which directly or indirectly receives from a manufacturer, and for participation in the operation of a station or any portion thereof, compensation determined by reference to the profits earned or revenues generated at the station.

"Company personnel" means one or more employees or agents of a manufacturer, or a subsidiary of a manufacturer.

“Council" means the Motor Fuel Gasoline Sales Advisory Council created pursuant to 6 Del.C. §2911(b).

"Fee arrangement" means any agreement whereby a person, partnership, corporation or other entity directly or indirectly receives, from a manufacturer, and for participation in the operation of a station or any portion thereof, compensation determined other than by reference to the profits earned or revenues generated at the station.

"Motor vehicle fuel" or "motor fuel" means gasoline, special fuel or both.

"Office" means the Office of Retail Gasoline Sales.

"Retail service station" or "service station" or "retail gasoline outlet" means the real property and improvements thereto from which motor fuel is sold at retail and delivered into the tanks of motor vehicles.

"Secretary" means the Secretary of Transportation.

"Subsidiary company" or "subsidiary" means a corporation 50% or more of the assets, capital stock or voting securities of which are owned by or pledged to, directly or through attribution, another corporation; or a corporation which as a practical matter is controlled by another corporation.

2.0 Price Signs on Fuel Pumps and Premises

2.1 When the price indicated on the computing mechanism of a pump or other dispensing device offering motor fuel for sale is the per gallon price, that is the only price sign required to be displayed on said pump.

2.2 When the price indicated on the computing mechanism of a pump is the per liter price, another sign indicating the equivalent price per gallon to the nearest 1/10 cent must be prominently displayed on said pump with numerals no smaller than those which display the liter price. In addition to the unit price, the signs on the pump may indicate that state and federal taxes are included in the unit price. (All taxes must be included in the advertised price.)

2.3 The price indicated on the computing mechanism is the maximum price which may be charged per measured unit and the resulting total cost computed is the maximum remittance that can be demanded from the consumer for the fuel sold.

2.4 A cash discount may be offered which is less than the computed cost, but a surcharge for credit, or any other reason, may not be added to the computed cost for the fuel sold.

2.5 Separate pumps may be provided for cash and charge sales of the same brand, grade, type of fuel and service, providing that the pumps are adequately and prominently identified.

2.6 Price signs displayed on the station premises and not attached to a pump must indicate the grade of fuel, the type of service and the unit, if other than gallon. If there are special requirements to qualify for an advertised price, such as minimum quantities, cash, etc., those requirements must also be prominently included on said sign.

2.7 Fractions of a cent on the price advertised must be of the same general design and at least one-half the height and width of the numerals representing the whole cents.

3.0 Manufacturers

3.1 License-Declaration of desire to sell in combined forms.

3.1.1 License-Declaration. All manufacturers of motor fuel and individuals desiring to sell motor fuels or special fuels through retail stations in Delaware shall procure a license for each establishment, operated as required by sections 5102 and/or 5134, Title 30, Delaware Code.

Form number MFT-6, Retail Motor Fuel License or Form number SF-1, Retail Special Fuel License, is required.

3.1.2 Amendment to License-Declaration. If any change (except changing suppliers) occurs causing the information contained in either form MFT-6 or SF-1 to become inaccurate, the holder of the uncancelled license shall within 30 days cancel said license and apply for a new license containing the proper information. If the business is sold, it is the holder of the then invalid license who must cancel said license with the Department of Transportation.

3.2 Access to information.

3.2.1 Books and Records. Whenever the Office has reason to believe that a manufacturer has engaged in, is engaging in, or is about to engage in any practice in violation of the Act or regulations, or in order to verify the accuracy of any information submitted to the Office, the Office may demand access to the books, records and data of the manufacturer. A manufacturer shall make such information available to the Office for inspection or copying during normal business hours unless otherwise agreed.

3.2.2 Samples. Any seller of fuels within the scope of this Act shall, upon the request of the Office, provide samples of any motor fuel or special fuel for chemical analysis or other inspection, and reimbursement shall be made for the samples taken.

3.2.3 Standard Specification for Fuels.

3.2.3.1 Any motor fuel sold at retail or intended to be sold at retail in the State of Delaware which does not meet or exceed ASTM specifications for that type fuel and which causes "fuel related performance problems" for the motoring public may be ordered corrected or removed from the marketplace.

3.2.3.2 Violation of Standards-Stop Sale. If a sample taken by the Office and tested by a qualified laboratory finds the sample to be substandard for any of the reasons established as standards or limitations written herein, the Office shall issue a Stop Sale for all or any portion of the seller's operation which is in violation until the violation has been corrected. The Office shall have the authority and duty to decide when the steps taken were sufficient to correct the violation and inform the seller of when sales may resume.

3.2.3.3 Whenever the Office finds any person marketing petroleum products in violation of this Act or its Regulations and has issued a Stop Sale directing them to cease such violation and the violation continues, the Office shall refer the matter to the Attorney General and he shall take appropriate legal action.

4.0 Independence of Retail Dealers

4.1 Ban against company-operated service stations.

4.1.1 Notification of company-operated stations. Every manufacturer operating a station with company personnel, a subsidiary company, a commissioned agent or under a fee arrangement shall submit to the Office a written notification which, with regard to each station so operated, shall specify the address, describe the manner of operation and state the date that company operation began.

4.2 Temporary operation of a previously dealer-operated station by manufacturers of petroleum products.

4.2.1 Temporary operation. After July 29, 1974, a manufacturer of petroleum products may operate, for a period not to exceed 30 days, a previously dealer-operated station only if the dealer:

4.2.1.1 vacated the station in breach of his lease; or

4.2.1.2 takes an extended vacation or a temporary leave and there is a mutual agreement of operation; or

4.2.1.3 was terminated or not renewed as provided for by P.M.P.A., 15 U.S.C.A. §2801 and/or evicted by the manufacturer for cause, as provided for by said Act; or

4.2.1.4 the parties mutually agree to terminate the contract. The 30-day period shall commence on the day following the date of such death, abandonment, vacation, eviction or termination.

4.2.2 Applications for exceptions. Applications for exceptions to the time period specified in section A of this Regulation will be considered only if they are submitted to the Office in writing and specify as to each station for which such exception is requested:

4.2.2.1 the address;

4.2.2.2 the basis for the applicability of subsection A of this regulation;

4.2.2.3 the name and address of the previous dealer;

4.2.2.4 the reason why the exception is sought;

4.2.2.5 the duration of the exception sought;

4.2.2.6 a complete description of the actions being taken to locate a new dealer; and

4.2.2.7 an acknowledgement that all additional information demanded by the Office will be provided by the applicant within 20 business days of receipt of the demand.

4.2.3 Action on applications. Decisions on applicants made pursuant to subsection 2905.2 of this Regulation shall be written and sent by certified mail, return receipt requested, to the applicant at the return address appearing on the application.

4.2.4 Operation pending action. Operation of a previously dealer-operated station by a manufacturer in excess of the time period specified in section 2905.1 of this Regulation and during the pendency of an application made pursuant to subsection 2905.2 of this Regulation shall not be allowed unless the contrary has been authorized in writing by the Office.

4.2.5 Operation of a new station by a manufacturer. Upon the approval of the Office a manufacturer may open a new station and operate said station with company personnel. Any period of time that a manufacturer would be allowed to operate a new station shall be decided by the Office on the merits of each case.

4.2.6 Rebuilding or relocating a lawfully operated outlet by a manufacturer. Rebuilding: Producer/refiner locations may be rebuilt at the same location or in reasonable proximity thereto when the station is lost to fire or other disasters, or when facilities are being remodeled or renewed.

4.3 Formal hearing procedures.

4.3.1 Formal hearing. Any person, partnership, corporation or any other entity having had an Application for Exception under Regulation 2905.2 denied by the Office may demand a formal hearing with the Secretary or his designee within 30 days after receipt of that decision or, if applicable, the date on which the application is deemed to have been denied.

4.3.2 Requisites of demand. The demand for hearing shall be in writing and set forth the grounds upon which review of the denial is sought.

4.3.3 Notice; place of hearing. After receipt of a written demand for hearing, the office shall give reasonable notice to the petitioning party and the Attorney General of the date and time for the hearing. All hearings shall be held at the Dover, Delaware address of the Office and shall be conducted by the Administrator of the Retail Gasoline Sales or his designee in accordance with 29 Del.C. Ch. 64, the Administrative Procedures Act.

4.3.4 Decision and appeal. The Hearing Officer shall render a written decision stating his findings of fact and conclusions of law. Copies of the decision shall be promptly mailed to all parties.

4.4 Effective date.

The provisions of 6 Del.C. §2905(a) shall apply only to service stations or retail outlets first operated or which began operation by company personnel, a subsidiary company or a commissioned agent after July 29, 1974.

5.0 Marketing Agreements

5.1 Marketing Agreements.

5.1.1 Non-waivable provisions. Every marketing agreement entered into, or reviewed or continuing in effect after July 29, 1974 shall expressly set forth all of the non-waivable provisions enumerated in 6 Del.C. §2909.

5.1.2 Disclosure. Contracts which do not expressly set forth all of the non-waivable provisions enumerated in 6 Del.C. §2909 may be brought into compliance with subsection 2909.1.1 of this Regulation by the attachment to such contracts of a disclosure of all such non-waivable provisions. The disclosure must be dated and signed by all parties to the contract.

5.1.3 Upon the request of the Office, a manufacturer or retail dealer shall provide the Office with a copy of any specified marketing agreement, or a sample agreement.

6.0 Office of Motor Fuel Gasoline Sales; Rules and Regulations; Advisory Council; Injunction

6.1 Violation of act or regulation.

6.1.1 Powers. Whenever the Office receives a complaint or any information from any source, which if true would amount to a violation of the Act or Regulations;

6.1.1.1 the Office may investigate the complaint or information;

6.1.1.2 the Office may, upon investigation of the complaint or information, make recommendations to the Attorney General's Office to investigate and enforce 6 Del.C. Ch. 29 by any remedy available.

6.1.2 Procedure. In the conduct of any hearing, the procedure will be governed generally by 29 Del.C. Ch. 64, the Administrative Procedures Act, unless any less formal procedure is agreed upon by the parties.

7.0 Self-Service Gasoline Stations; Attendants.

7.1 Retail dealers of gasoline or motor fuel shall post a sign or signs provided to the retail dealer by the Office of Retail Gasoline Sales indicating that the service station will pump gasoline to qualified persons with disabilities from the self-service pump.

7.2 The sign(s) shall be conspicuously posted so that any driver seeking refueling services will be able to see said sign(s) from each point of access to the pump island(s). Additional signs may be posted to direct handicapped motorists to the pump or pumps from which their gasoline will be dispensed.

7.3 Notification:

7.3.1 A notice of the provisions of 6 Del.C. §2912 and these rules and regulations shall be provided to all licensed motor fuel dealers and to any individual, company or firm who applies for a retail motor fuel dealers license resulting from the take-over of any existing station or new station.

7.3.2 Every person who renews or is issued a plate/placard for persons with disabilities shall have available to them an informational notice detailing the requirements of the above section of the Delaware Code and these rules and regulations.

7.4 Section 7.0 shall take effect sixty (60) days after approval of said regulation by the Office of Retail Gasoline Sales.

11 DE Reg. 517 (10/01/07)

Vehicle Services Vehicle Services

2250 Assessment of Fees for Off-Premise Inspection of Serial Numbers of Vehicles (Formerly Reg. No. 5)

2 Del. Admin. Code § 2250 Assessment of Fees for Off-Premise Inspection of Serial Numbers of Vehicles (Formerly Reg. No. 5)

2250 Assessment of Fees for Off-Premise Inspection of Serial Numbers of Vehicles (Formerly Reg. No. 5)

WHEREAS the number of off-premise inspection of vehicle serial numbers has increased tremendously over the last few years; and

WHEREAS the costs to the State of Delaware to provide such inspections have likewise risen tremendously over the last few years; and

WHEREAS this service has been provided at the request of the vehicle owners; The applicant should pay the costs of this service.

1.0 Exemptions

Effective immediately, the following fee is to be assessed for all off-site vehicle serial number inspections except mobile homes, house trailers and other trailers with living quarters.

2.0 Inspection Fees

$15.00 for the first vehicle inspected and $5.00 for each additional inspection.

This inspection fee is to be collected when the vehicle is titled.

2251 Assessment of a Fee When Assigning a Special Serial Number on a Motor Vehicle (Formerly Reg. No. 8)

2 Del. Admin. Code § 2251 Assessment of a Fee When Assigning a Special Serial Number on a Motor Vehicle (Formerly Reg. No. 8)

2251 Assessment of a Fee When Assigning a Special Serial Number on a Motor Vehicle (Formerly Reg. No. 8)

1.0 Serial Number Fee Required

Effective immediately, when an assigned serial number is issued to a vehicle, a fee of $2.00 is to be charged.

1.1 This fee is required under Section 2310, Title 21 of the Delaware Code.

1.2 Fee is to be collected at time the title fees are collected.

1.3 Title Clerks can tell if an assigned number has been issued by checking the serial number on all yellow title applications issued by the State Police Auto Theft Unit.

2252 School Bus Inspection (Formerly Reg. No. 12)

2 Del. Admin. Code § 2252 School Bus Inspection (Formerly Reg. No. 12)

2252 School Bus Inspection (Formerly Reg. No. 12)

1.0

The Delaware Department of Public Safety hereby adopts the School Bus Specifications, as amended, and approved by the State Board of Education which were prepared in compliance with Title 14, Chapter 29, Section 2901, Delaware Code.

2.0

These School Bus Specifications will be used as the School Bus Inspection Standards as required under Section 2145, Title 21, Delaware Code.

2253 Fees for Sample License Plates (Formerly Reg. No. 14)

2 Del. Admin. Code § 2253 Fees for Sample License Plates (Formerly Reg. No. 14)

2253 Fees for Sample License Plates (Formerly Reg. No. 14)

1.0 Sample License Plates

Sample Delaware license plates are available for a fee of $6.00. (Only sample pleasure tags and motorcycle tags are available)

1.1 Checks for sample plates are to be made payable to:

Delaware Division of Motor Vehicles.

All inquiries and requests should be directed to:

Division of Motor Vehicles

P. 0. Box 698

Attn:Registration Section

Dover, DE 19903

2254 Registration of Tarpots (Formerly Reg. No. 15)

2 Del. Admin. Code § 2254 Registration of Tarpots (Formerly Reg. No. 15)

2254 Registration of Tarpots (Formerly Reg. No. 15)

Whereas the nature of the work involving tarpots many times leaves such tarpots covered with tar, thus, rendering the lights inoperable;

1.0

The following policy is implemented immediately.

1.1 All tarpots must be registered. Tarpots can be registered with a trailer (T) tag, or with a construction (CT) tag.

1.2 The requirement for all lights are waived during daylight hours, if lights on the towing vehicle are visible to a trailing vehicle on the left and right sides.

2255 Registration Plates on Driver Education Cars (Formerly Reg. No. 18)

2 Del. Admin. Code § 2255 Registration Plates on Driver Education Cars (Formerly Reg. No. 18)

2255 Registration Plates on Driver Education Cars (Formerly Reg. No. 18)

1.0

Whereas, driver education cars are not officially owned by the State of Delaware, but rather are on temporary loan to the school districts for a period of time, the Division of Motor Vehicles will not issue "State Owned" license plates to such vehicles.

2.0

Even though the certificate of title is issued with the name of the school district as the owner, a regular registration plate will be assigned to the vehicle, with an exempt validation sticker.

3.0

This regulation only applies to driver education vehicles.

2256 Air Scoops On Hoods Of Motor Vehicles (Formerly Reg. No. 19)

2 Del. Admin. Code § 2256 Air Scoops On Hoods Of Motor Vehicles (Formerly Reg. No. 19)

2256 Air Scoops On Hoods Of Motor Vehicles (Formerly Reg. No. 19)

1.0

The Delaware Department of Public Safety, pursuant to Section 302, Title 21, Delaware Code, hereby adopts the following regulation:

1.1 No motor vehicle shall be equipped with an air scoop or similar device which is higher than 3 inches from the hood of such motor vehicle in its original manufactured level.

2257 Assessment of a Fee for a Courtesy Vehicle Safety Inspection (Formerly Reg. No. 21)

2 Del. Admin. Code § 2257 Assessment of a Fee for a Courtesy Vehicle Safety Inspection (Formerly Reg. No. 21)

2257 Assessment of a Fee for a Courtesy Vehicle Safety Inspection (Formerly Reg. No. 21)

1.0 Courtesy Vehicle Safety Inspection

Whereas the number of non-resident owners requesting a "courtesy" vehicle safety inspection has increased tremendously over the last few years; and

Whereas the costs to the State of Delaware to provide such inspections have likewise increased over the last few years; and

Whereas State agencies are required to bill other State agencies for costs of services, thereby showing the State General Assembly's implied intent to collect payment for services;

1.1 The non-resident owner should pay the costs of this service.

2.0 Fee

Effective January 1, 1977, a $4.00 fee is to be assessed for each courtesy safety inspection provided for a vehicle which is registered in another state and which is not going to be registered in Delaware.

3.0 Applicability

This regulation only applies to on-site inspections.

2258 Reissuance of Vanity Plates (Formerly Reg. No. 23)

2 Del. Admin. Code § 2258 Reissuance of Vanity Plates (Formerly Reg. No. 23)

2258 Reissuance of Vanity Plates (Formerly Reg. No. 23)

1.0

Whereas, the intent of the issuance of vanity license plates is to provide additional revenue; and

1.1 Whereas, some vanity plates are purchased and are not renewed; and

1.2 Whereas, some of these expired vanity plates are in demand by other persons,

1.3 Be it resolved that the following regulation shall be implemented immediately.

2.0

Whenever a vanity license plate has been expired for 6 months or more, such plate number can be reissued.

2259 Mopeds (Formerly Regs. No. 24 and 26)

2 Del. Admin. Code § 2259 Mopeds (Formerly Regs. No. 24 and 26)

2259 Mopeds (Formerly Regs. No. 24 and 26)

1.0 Authority

Pursuant to Sections 101 and 4198M, Title 21, Delaware Code, the following regulations are hereby adopted.

2.0 Mopeds

2.1 Manufacturer's Statement of Origin must be presented to the Division at the time application for registration is submitted.

2.2 Manufacturer's Statement of Origin must include:

2.2.1 Manufacturer's name

2.2.2 Year of manufacture

2.2.3 Vehicle identification or serial number

2.2.4 Maximum piston displacement less than 55cc.

2.2.5 Brake horsepower rated at no more than 2.7

2.2.6 Name and address of manufacturer.

2.3 Certificate of title will be issued, same as on other vehicles. Fee for the title will be the same.

2.4 Vehicle document fee must be paid, same as on all other vehicles.

2.5 Registration card will be issued, same as on other vehicles.

2.6 Fee for registration is $5.00 and shall be valid for 3 years. A moped license plate will be issued and has to be displayed on the rear of the moped so it is clearly visible. All moped registrations will expire on December 31st.

2.7 Records shall be maintained on the vehicle computer files, same as all other vehicles.

2.8 Duplicate title and duplicate registration card fees are the same.

2.9 No inspection of the vehicle is required for mopeds purchased in Delaware unless supporting ownership papers are in question. (For VIN inspection only). Mopeds purchased out of state must be presented for inspection of the VIN.

2.10 Liens can be recorded, same as on all other vehicles.

2.11 No insurance is required.

2.12 No helmet is required by operator unless under 16 years of age.

2.13 Operator must hold a valid driver's license. The license does not have to be endorsed for a motorcycle. License must always be in possession of operator when moped is being operated.

2.14 Regulations applicable to bicycles shall apply whenever a moped is operated upon any public road or upon any path set aside for the exclusive use of bicycles.

2.15 Mopeds shall not be operated on:

2.15.1 interstate highways, such as I-95

2.15.2 limited access highways

2.15.3 the right of way of an operating railroad.

2.15.4 any path set aside for the exclusive use of bicycles unless the helper motor has been turned off.

3.0 Registration and Licensing

3.1 Due to numerous inquiries from non-residents concerning what Delaware will legally recognize for the operation of mopeds, the following information is provided:

Resident of

Moped Must Be Registered

Operator Must Hold A Valid Driver's License

Delaware

Yes

Maryland

Yes

Virginia

Yes

New Jersey

Yes

Pennsylvania

Yes

District of Columbia

Yes

North Carolina

Yes

South Carolina

Yes

3.2 Of the above, only the states of Delaware, Maryland, Pennsylvania and District of Columbia actually have laws requiring the operator of a moped to be a licensed driver. But as a matter of policy, so as to be consistent with the intent of Title 21, Section 4198M, all moped operators must hold valid drivers' licenses when such mopeds are being operated in the State of Delaware.

3.3 Delaware will honor the law of the home state of the moped in regards to the registration of such vehicle. However, the operator of a moped must hold a valid driver's license from his state of residence, regardless of the law in the resident's home state.

3.4 State of residence may be determined by witnessing the driver's license of the operator of the moped.

9 DE Reg. 1988 (06/01/06)

2260 Cement Mixers Which are Towed (Formerly Reg. No. 25)

2 Del. Admin. Code § 2260 Cement Mixers Which are Towed (Formerly Reg. No. 25)

2260 Cement Mixers Which are Towed (Formerly Reg. No. 25)

1.0

Whereas the nature of the work involving cement mixers many times leaves such mixers covered with cement, thus, rendering the lights inoperable;

2.0

The following policy is implemented immediately.

2.1 All cement mixers (which are towed) must be registered. Such mixers can be registered with a trailer (T) tag, or with a construction (CT) tag.

2.2 The requirement for all lights are waived during daylight hours, if lights on the towing vehicle are visible to a trailing vehicle on the left and right sides.

2261 Changing of License Plate Numbers and Establishing a Fee for Such Change (Formerly Reg. No. 29)

2 Del. Admin. Code § 2261-1.0 License Plate Numbers

Whereas, the Division of Motor Vehicles has changed license plate numbers for many vehicle owners during the past few years just to give such owner a different number; and

Whereas, this service is not required since the vehicle is properly registered with a license plate, but is an effort by the Division of Motor Vehicles to satisfy the customer; and

Whereas, the number of requests are rapidly increasing and causing extra work on all employees;

History

19 DE Reg. 527 (12/01/15)

2 Del. Admin. Code § 2261-2.0 Fees

2.1 Be it resolved that effective immediately the following fees are to be assessed for a change of license plate on a vehicle already registered with a Delaware license plate which is valid or has expired within the immediate past 12 months.

$10.00

Duplicate Plate and Validation Sticker

$35.00

Title Fee ($55.00 for Title with Lien)

$15.00

Service Fee

$60.00

TOTAL

Note: Title Fee was increased from $25.00 and from $35.00 for Title with Lien by HB 140 of the 148th General Assembly.

2.2 This new fee does not alter existing fees for other types of title transactions, such as: tag retentions; new titles for vehicles for which the tag has expired over 1 year; or new registration.

History

19 DE Reg. 527 (12/01/15)

2262 Special Assigned Vehicle Identification Number (VIN) Plates (Formerly Reg. No. 37)

2 Del. Admin. Code § 2262 Special Assigned Vehicle Identification Number (VIN) Plates (Formerly Reg. No. 37)

2262 Special Assigned Vehicle Identification Number (VIN) Plates (Formerly Reg. No. 37)

1.0 Special Plates

Pursuant to 21 Del.C. §302 and 21 Del.C. 92310, this Policy Regulation is adopted for implementation, effective January 1, 1979.

1.1 The Delaware State Police Auto Theft Unit, acting as an agent of the Director of the Division of Motor Vehicles, will issue the Special Plates for all motor vehicles and semi trailers.

1.2 The Special Assigned VIN Plate will be made of aluminum and will measure 3 5/8" x 1 3/4". The plate will have a blue background and a silver portion where the information is to be embossed.

1.3 The information on the Special VIN Plate will include the Delaware title number, the date of issue, the code number, the year, the make, the model, the type of vehicle, the plate number, and the originally assigned manufacturer's vehicle identification number. If the original manufacturer's number cannot be determined, then a special assigned number will be issued.

1.4 The Delaware State Police Auto Theft Unit will issue assigned special numbers to vehicles where no serial number has been assigned by the manufacturer. This serial number will consist of a combination of letters and digits, such as (ASNOOOOIDEL) A log of the Assigned Special Number Plates issued will be controlled and maintained by the DSP Auto Theft Unit.

1.5 Instructions and locations relative to the placement of this Special Number Plate will be as follows:

1.5.1 On all motor vehicles, where feasible, the plate will be attached to the driver's side door post where it can be read clearly by any police officer or inspector of the Division of Motor Vehicles.

1.5.2 On semi trailers, motorcycles, mopeds, motor scooters, and other vehicles, the special number or plate will be either die stamped or attached to the left front or side of the vehicle on a permanent component part.

2.0 Reference "A"

2.1 The new Delaware Special Number Plate will be blue and silver. The information printed on the Special Number Plate will be embossed as indicated.

2.2 Explanation of each block is as follows:

2.2.1 TITLE This will be the title, tag and registration number assigned by the Department of Motor Vehicles at the time the VIN number is assigned. (Note: Title, tag and registration number may change in the future, due to retention of tag, etc.)

2.2.2 DATE ISSUED This will be three letters followed by four digits. The three letters will designate the month, and the four digits will indicate the day of month and the year.

2.2.3 CODE This will be a two (2) digit number which designates the type of vehicle for which the Special Number Plate was issued (see Ref. "B").

2.2.4 YEAR This will be a four (4) digit number pertaining to the year of the vehicle for which the plate is issued.

2.2.5 MAKE This will be a four (4) letter characterization and will consist of the first four (4) letters of the make of vehicle.

2.2.6 MODEL This will be the first four (4) letters of the model of the vehicle.

2.2.7 TYPE This block will be as follows: Coupe, sedan or convertible, etc. (abbreviated).

2.2.8 PLATE NUMBER This block will be a five (5) digit number in numerical sequence as the Special Number Plates are issued: A log will be kept and maintained, in sequence, by the Delaware State Police Auto Theft Unit on plates issued.

2.2.9 MANUFACTURER'S This number will be the original manufacturer's serial number

2.2.10 SERIAL NUMBER assigned to the vehicle by the manufacturer, except on some occasions such as on reconstructed or homemade vehicles. These assigned special numbers will be assigned and maintained by the Division of Motor Vehicles or the Delaware State Police Auto Theft Unit acting as an agent for the Division.

2263 Vehicle Document Fees on Mobile Homes or House Trailers (Formerly Reg. No. 43)

2 Del. Admin. Code § 2263 Vehicle Document Fees on Mobile Homes or House Trailers (Formerly Reg. No. 43)

2263 Vehicle Document Fees on Mobile Homes or House Trailers (Formerly Reg. No. 43)

1.0 Document Fee

The document fee required pursuant to 30 Del.C. §3002(a) shall be assessed on all mobile homes/house trailers upon the issuance of a certificate of title.

2.0 Exceptions

If a mobile home/house trailer has previously been one of the following, then the structure need not be considered as a mobile home/house trailer for purposes of 21 Del.C. §2302(e) and 30 Del.C. §3002(a).

2.1 Previously affixed to the realty;

2.2 Annual realty taxes have been assessed and paid;

2.3 The affixation has been so noted on the appropriate deed; and

2.4 A realty transfer tax has previously been paid on the resale of the mobile home/house trailer.

3.0 Certificate of Title

If the applicant/owner desires a certificate of title even though the above qualifications are met, then the document fee required pursuant to 30 Del.C. §3002(a) shall be paid at the time the new title is issued.

2264 Use of Dealer License Plates on Boat Trailers (Formerly Reg. No. 46)

2 Del. Admin. Code § 2264 Use of Dealer License Plates on Boat Trailers (Formerly Reg. No. 46)

2264 Use of Dealer License Plates on Boat Trailers (Formerly Reg. No. 46)

Whereas, there are boat dealers in the State of Delaware who are also licensed as vehicle dealers with the Division of Motor Vehicles and the Division of Revenue because they also sell boat trailers; and

Whereas, the nature of their business involves selling boats and boat trailers and in most instances they are sold together; and

Whereas, in delivering the boat and boat trailer the dealer sometimes utilizes a dealer's license plate to make such delivery;

1.0 Effective May 29, 1979:

1.1 A boat trailer dealer, who is properly licensed by the Division of Motor Vehicles and the Division of Revenue, may use a dealer license plate on a boat trailer when such boat trailer is carrying a boat or when such boat trailer is empty.

1.2 A boat trailer is not to be considered a service vehicle or a work vehicle pursuant to Section 2I24(c), Title 21, Delaware Code.

2265 Use of Delaware Reassignment Forms with Salvage Certificates (Formerly Reg. No. 50)

2 Del. Admin. Code § 2265 Use of Delaware Reassignment Forms with Salvage Certificates (Formerly Reg. No. 50)

2265 Use of Delaware Reassignment Forms with Salvage Certificates (Formerly Reg. No. 50)

1.0 Dealer's Reassignment Form

Effective immediately a Dealer's Reassignment Form can be issued in conjunction with a Salvage Certificate (both in state and out of state).

2.0 Procedures

2.1 The vehicle must first be inspected by the State Police Auto Theft Unit prior to the issuance of a Delaware certificate of title. All Reassignment Forms, Certificates of Title, Salvage Certificates, State Police Inspection Forms must be surrendered to the Division at the time application for a Delaware title is presented.

2.2 If a Delaware title is not to be obtained, copies of all Dealer Reassignment Forms issued along with copies of the Salvage Titles/Certificates transferred with such Dealer Reassignment Forms, shall be immediately forwarded to the Division of Motor Vehicles, Attn. Registration Section, P.O. Box 698, Dover, Delaware 19903.

2.3 The Division shall file the copies of the Dealer Reassignment Forms and accompanying copies of salvage titles for reference by the Division and by the State Police Auto Theft Unit.

2.4 Failure of a Delaware dealer or automotive recycler to immediately send such copies of the required documents will result in such company being denied authority to transfer Salvage Certificates with Dealer Reassignment Forms.

2.5 Dealer Reassignment Forms may be issued to a qualified dealer upon application for not less than 10 such forms and payment of a fee of $10.00 for each form. (Title 21, Section 2504).

2266 Vehicle Document Fees

2 Del. Admin. Code § 2266-1.0 Authority

Pursuant to Title 30, Chapter 30, Section 3003, and Title 21, Chapter 21, Section 2102, the following regulation is promulgated.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-2.0 Exceptions

In addition to the waivers of the vehicle document fee as specified in Section 3002(a), Chapter 30, Title 30, and Title 21, Chapter 21, Section 2102, the document fee shall not be imposed on the sale, transfer or registration of motor vehicles or trailers in the following circumstances.

2.1 Transfer of a motor vehicle, vehicle, or trailer by way of a gift from an immediate family member including spouse, parent, child, sibling, and grandparent, to include step and in-laws. This exemption only applies to the transfer of Delaware title.

2.2 Transfer between joint owners, provided that for the preceding 30 days the vehicle was previously titled in the name of the joint owners and transferred without monetary consideration to 1 or more of the joint owners.

2.3 Transfer resulting from inheritance from or bequest of a descendant. However, purchases from an estate are subject to the vehicle document fee.

2.4 Change of name only because of marriage, adoption, or other court order.

2.5 Transfer of a motor vehicle, vehicle, or trailer from a lessor to a lessee pursuant to a lease-purchase agreement, provided that the lessee has been in continuous possession of the vehicle for at least 1 year. Lessee must provide a letter from the lessor stating lessee paid the original document fee.

2.6 Lien change but only when such a change of a lien on a motor vehicle, vehicle, or trailer when the registered owner has not changed.

2.7 If such vehicle was previously registered in Delaware by the same owner who already paid a vehicle document fee, was then registered in another state, and is being re-registered in Delaware by the same owner.

2.8 Transfer of a motor vehicle, vehicle or trailer if such transfer is accompanied by an agreement of substitution which is equal in value to the net purchase price of the original motor vehicle, vehicle or trailer.

2.9 Registration of a motor vehicle by a member of the military (active, reserve or national guard) and their dependent family members who are stationed, on either a temporary or permanent basis, within the State, whose vehicles are registered in their state of residence or at their previous duty assignment (to include an overseas assignment). Military member or their dependent family member must provide documentation acceptable to the Division of Motor Vehicles indicating a temporary or permanent change of duty station within 90 days of relocating to the State or within 90 days of vehicle purchase.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-3.0 Determination of Document Fees

When a gross purchase price discrepancy exists between the title application and the lien contract vehicle purchase price (Block #1 of the lien contract), the highest price will be used in determining document fees. Trade-in allowance will be deducted from the gross purchase price.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-4.0 Trade-in Allowance

4.1 Trade-in allowance for document fee computations will only be allowed for vehicles currently titled in Delaware. The following 2 exceptions are authorized provided positive proof (receipts, old title, etc.) are provided by vehicle owners or can be established by DMV records:

4.1.1 Vehicle was previously registered in Delaware by the same owner who already paid a vehicle document fee, was then registered in another state, and vehicle is being used as a trade-in for a vehicle to be registered and titled in Delaware.

4.1.2 Vehicles bought by the owner and registered outside the state and then used for a trade-in for a vehicle to be registered and titled in this state; provided, such owner had paid to such other state a sales tax, transfer tax, or some similar levy on the purchase of such motor vehicle within 90 days prior to registration and titling in this state.

4.2 Trade-in allowance credit is not applicable if no documentation fee was paid at the time of registration.

4.3 Trade-in allowance credit against document fees may not exceed the actual document fees paid on the trade-in vehicle at the time the trade-in vehicle was registered.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-5.0 Licensed Dealer

A certificate of title issued in the name of a licensed dealer, which has a lien or encumbrance entered against such title, shall not be considered for the sole purpose of resale and shall not be exempt from the vehicle document fee unless the vehicle is part of a manufacturer's warranty program such as a loaner vehicle and the manufacturer is the lien holder.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-6.0 Transfer of Motor Vehicle

If a transfer of a motor vehicle, vehicle or trailer is accompanied by a transfer of equity document, the document fee imposed shall be assessed on the amount of such equity.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-7.0 Gift of Motor Vehicle

If the motor vehicle, vehicle, trailer or motorcycle is a gift and does not qualify for exemption pursuant to subsection 2.1 of this regulation, the vehicle document fee shall be assessed based upon the current average trade-in value indicated in the most recent N.A.D.A. Guide. However, the owner may obtain an appraisal from a Delaware licensed vehicle dealer and such appraisal may also be considered in determining vehicle document fee.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-8.0 Amount of Purchase Price

If the amount of purchase price indicated on a non-dealer bill of sale is less than the average trade-in value as listed in the most recent N.A.D.A. Guide, the document fee is to be assessed on the current average trade-in value as listed in the N.A.D.A. Guide. However, the owner may obtain an appraisal from a Delaware licensed vehicle dealer and such appraisal may also be considered in determining vehicle document fee.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-9.0 Computation of Document Fee

9.1 The document fee for a current model year used vehicle for which no dealer's invoice is available or that has no wholesale price listed in the N.A.D.A. Guide will be computed by using one of the following procedures:

9.1.1 Use the current year manufacturer's suggested retail price, if one exists, or the M.S. R. P. from the prior year's model. Depreciate that price using the following formula.

Vehicle Price

Amount Depreciation

$0 - $10,000

10%

$10,001 - $20,000

15%

$20,001 - +

20%

Example:

1989 Oldsmobile 88, Royale, 4D Sedan

1988 M.S.R.P.

$14,498

x .15% Depreciation

$2,174 Depreciation

Document fee will be based on $14,498 - $2,174 = $12,324

9.1.2 If the buyer has a bill of sale from a licensed dealer, use that price.

9.1.3 The owner may obtain an appraisal from a Delaware licensed dealer and such appraisal may also be considered in determining vehicle document fee.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-10.0 Wrecked or Damaged Vehicles

Applicants claiming to have purchased wrecked or dismantled vehicles and restored or rebuilt such vehicles must present such vehicles to the Auto Theft Unit for verification of vehicle identification numbers, along with sales slips, etc. Vehicle document fees are to be assessed based upon the average trade-in value as listed in the most recent N.A.D.A. Guide or based upon an appraisal obtained from a licensed vehicle dealer.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-11.0 Transfer

The word "transfer" as utilized in Section 3002, Title 30, shall include the following:

11.1 Change of business entity status

Examples:

Haven Trucks to Fast Express

John Doe Trucks, Inc. to John Doe, Inc.

Joe Smith Buses to Smith Buses, Inc.

Joe Smith to Smith Buses

11.2 Change of ownership between private individuals

Examples:

Joe Smith to Tom Jones

Joe Smith to Harry Smith & or Tom Smith

Helen Jones to Ralph Jones

11.3 The above-listed types of transfers must be accompanied by a Bill of Sale pursuant to Section 3002(b) or an affidavit. If neither a Bill of Sale nor an affidavit is available, the document fee shall be based on the current N.A.D.A. average trade-in value. If the Bill of Sale or affidavit indicates no money was exchanged for the transfer of ownership and the same person signed the title for both buyer and seller, then no document fee shall be assessed.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-12.0 Use of NADA Appraisal Guide

12.1 The N.A.D.A. Appraisal Guide for older models is only to be used in the following instances:

12.1.1 If a vehicle, which has been titled in another state, is being titled in Delaware and there has been no sales tax or similar titling tax paid on the vehicle in the other state within the last 90 days, use the current N.A.D.A Official Used Car Guide OR the N.A.D.A. Appraisal Guide for OLDER Vehicles (whichever guide the vehicle is listed in) to determine the current average trade-in value and assess the vehicle document fee.

12.1.2 If a Delaware title is being presented for transfer and the applicant has no Bill of Sale or the reverse side of the Delaware title does not indicate the purchase price, the document fee is to be based on the current average trade-in value as listed in the current N.A.D.A Guide.

12.2 However, the owner may elect to obtain an appraisal from a licensed Delaware dealer, and such appraisal may also be considered in determining the vehicle document fee.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2 Del. Admin. Code § 2266-13.0 Prorated Document Fee

If an individual received a part-interest in a vehicle whether by gift or purchase, the amount of the document fee shall be prorated in accordance with the number of persons named as owners on the new certificate of title.

History

27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
27 DE Reg. 267 (10/01/23)
19 DE Reg. 1030 (05/01/16)
27 DE Reg. 204 (10/01/23)
27 DE Reg. 267 (10/01/23)

2267 Issuance of Certificates of Title on Repossessed Vehicles (Formerly Reg. No. 56)

2 Del. Admin. Code § 2267 Issuance of Certificates of Title on Repossessed Vehicles (Formerly Reg. No. 56)

2267 Issuance of Certificates of Title on Repossessed Vehicles (Formerly Reg. No. 56)

This policy becomes effective immediately. All policies, procedures, memorandums, and forms regarding "repossession" vehicles and titles issued previously are repealed, effective immediately.

1.0 Procedures

When a vehicle has been repossessed by a secured party and subsequently sold, assigned and transferred to a purchaser for value, the selling secured party shall complete the back of the Delaware certificate of title (as the transferor) and submit the title and completed Form No. 195 Repossession Certificate. No MV 212A Title Application is required. The secured party's lien as shown on the face of the title must be properly satisfied.

2.0 Duplicate Title

If the secured party has lost the Delaware certificate of title for a vehicle which has been repossessed by such secured party, the secured party must file a completed Application for Duplicate Title (Form MV 213) to be issued in the name of the secured party. Also, a Repossession Certificate (Form 195) must be submitted with all items completed.

3.0 Exception

This procedure shall not apply to those repossessed vehicles for which the liens have not been entered against the title pursuant to Chapter 23, Title 21 of the Delaware Code.

2268 Registration of Woodsplitters and Wood Chippers (Formerly Reg. No. 60)

2 Del. Admin. Code § 2268 Registration of Woodsplitters and Wood Chippers (Formerly Reg. No. 60)

2268 Registration of Woodsplitters and Wood Chippers (Formerly Reg. No. 60)

1.0 Authority

Whereas the size and design of woodsplitters and wood chippers and the nature of their work make it impractical to require turn signals, stop lights, tail lights and license plate lights on them, the following policy is implemented effective immediately.

2.0 Required Registration

All log (wood) splitters and wood chippers must be titled and registered as a trailer.

3.0 Lights

The requirement for all lights are waived during daylight hours, if the stop lights and directional signals on the towing vehicle are visible to a trailing vehicle.

2269 Issuance of Title Through Repossession and Sale (Recourse) (Formerly Reg. No. 61)

2 Del. Admin. Code § 2269 Issuance of Title Through Repossession and Sale (Recourse) (Formerly Reg. No. 61)

2269 Issuance of Title Through Repossession and Sale (Recourse) (Formerly Reg. No. 61)

1.0 Applicability.

This policy, which applies to the issuance of a Delaware certificate of title after a vehicle has been repossessed by a secured party in connection with a recourse security agreement and transferred to a dealer, becomes effective immediately.

2.0 Repossession of Vehicle by Secured Party

When a vehicle for which a Delaware certificate of title has been issued is repossessed by a secured party pursuant to Delaware law, and the security agreement provides for recourse by the secured party against a vehicle dealer, and the security agreement is reassigned and the repossessed vehicle is transferred by the secured party to the dealer, then, in connection with a request to issue a certificate of title in the name of a purchaser of the vehicle, Form MV 518 (State of Delaware Certificate of Repossession and Sale (Recourse)) shall be completed in full by the secured party and the dealer as described in Paragraph 2.0 below.

3.0 Form MV 518

Form MV 518 shall be completed as follows:

3.1 The secured party shall complete Paragraphs Nos. 1, 2, 3 and 4 of the form and shall execute the form in the indicated area.

3.2 The dealer shall complete Paragraph No. 5 of the form and shall execute the form in the indicated area.

4.0 Reassignment of Security Agreement

At the time the security agreement is reassigned by the secured party to the dealer and the secured party transfers the repossessed vehicle to the dealer, the secured party shall deliver to the dealer Form MV 518 along with the certificate of title to the repossessed vehicle. At the time of the delivery of the form by the secured party to the dealer, the secured party shall have completed and executed the form as provided for in Paragraph 2.1 above. When the repossessed vehicle is sold by the dealer, to obtain a Delaware certificate of title in the name of the purchaser of the vehicle, the dealer shall submit to the Division of Motor Vehicles Form MV 518 completed and executed by the secured party and the dealer as provided for in Paragraph 2.0 above and the Delaware certificate of title for the repossessed vehicle. The dealer shall mark the face of the certificate of title to reflect the fact that the lien noted thereon has been satisfied and shall complete the appropriate area on the reverse side of the certificate of title.

5.0 Exception

This procedure shall not apply to those repossessed vehicles for which liens have not been entered against the title pursuant to Chapter 23, Title 21 of the Delaware Code.

2270 Requirements for Self-Insured Vehicle Owners (Formerly Reg. No. 62)

2 Del. Admin. Code § 2270 Requirements for Self-Insured Vehicle Owners (Formerly Reg. No. 62)

2270 Requirements for Self-Insured Vehicle Owners (Formerly Reg. No. 62)

1.0

Any person in whose name more than 15 motor vehicles are registered in Delaware may qualify as a self insurer pursuant to 21 Del.C. §2904 by doing the following:

1.1 Each year the self insurer would forward to the Division a certified letter that no judgment resulting from the operation of a motor vehicle remained unsatisfied for more than 30 days.

1.2 The self insurer would forward to the Division each year a financial statement accompanied by an opinion letter from the self-insurer’s accountant that the self insurer could satisfy a 1.5 million dollar judgment as a result of the operation of a motor vehicle without, as a result, the self insurer's liabilities exceeding its assets.

1.3 The Division be notified of any judgment or settlement exceeding $250,000 obtained or agreed to by a self insurer

2.0

Upon compliance of the above requirements in satisfactory form, the Department will, in its discretion, issue an approval.

2271 School Bus Inspection Periods (Formerly Reg. No. 65)

2 Del. Admin. Code § 2271 School Bus Inspection Periods (Formerly Reg. No. 65)

2271 School Bus Inspection Periods (Formerly Reg. No. 65)

1.0 Inspections Requirements

Pursuant to Title 21, Chapter 21, Section 2145 of the Delaware Code, each school bus shall receive a special safety inspection twice yearly.

The Department has determined that the two required inspections should take place as follows:

1.1 1st Inspection prior to beginning of school year

1.2 2nd Inspection approximately the middle of the school year

2.0 Inspection Periods

2.1 The 1st inspection period shall be from July 1 through August 31.

2.2 The 2nd inspection period shall be from the beginning of the school's Christmas vacation period through February 28.

2272 Authorization of Police Agencies to Issue Vehicle Inspection Notices (Fomerly Reg. No. 70)

2 Del. Admin. Code § 2272 Authorization of Police Agencies to Issue Vehicle Inspection Notices (Fomerly Reg. No. 70)

2272 Authorization of Police Agencies to Issue Vehicle Inspection Notices (Fomerly Reg. No. 70)

Whereas, it is in the interest of public safety to keep unsafe vehicles off the highways; and

Whereas, a vehicle may become unsafe for operation between the required annual safety inspections;

1.0 The following authorization is granted effective March 15, 1982:

1.1 Members of all recognized police agencies throughout the State of Delaware are considered authorized agents of the Department of Public Safety for the purposes of Title 21, Section 2144, Delaware Code, and are eligible to issue inspection notices. All police agencies wishing to use this authority must furnish their own forms, which must have a minimum of 2 parts (one to be issued to the operator, and the other part to be forwarded to the vehicle registration section in the Dover Administration Office).

2273 Issuance of Temporary Registration Plates (Formerly Reg. No. 71)

2 Del. Admin. Code § 2273 Issuance of Temporary Registration Plates (Formerly Reg. No. 71)

2273 Issuance of Temporary Registration Plates (Formerly Reg. No. 71)

1.0 Authority

Pursuant to Title 21, Section 2132, of the Delaware Code, this policy regulation is adopted, effective immediately.

2.0 Proof of Insurance

2.1 In addition to the requirements under Title 21, Section 2129, 2130, and 2131, a dealer shall witness proof of liability insurance on a vehicle prior to the issuance of a temporary registration plate (tag) and prior to accepting the application for title and tag from the applicant.

2.2 Proof can be:

2.2.1 Insurance ID card

2.2.2 Insurance policy, which identifies the vehicle

2.2.3 Letter from a company or an agent bearing the company's or agent's letterhead.

2.3 A vehicle just purchased has an automatic 30 day coverage if the owner's previous vehicle was properly insured. Thus, if the owner presents a ID card on his vehicle (just traded or sold) and if it is within 30 days of the purchase date of the vehicle, the old ID card is acceptable.

3.0 Fee Required

A dealer shall charge a fee of not more than $10.00 for a temporary registration plate (tag). (Pursuant to Title 21, Section 2130(a))

4.0 Issuance of Temporary Registration Plate

A dealer is permitted to issue only one temporary registration plate (tag) for a vehicle he sells. If unusual circumstances require the issuance of a second temporary registration plate (tag), the dealer is required to call the registration supervisor in the Dover Administration Office for approval.

5.0 Dealers

A temporary registration plate (tag) can only be issued by a dealer for a vehicle sold by such dealer and for which such dealer is submitting the application for certificate of title to the Division of Motor Vehicles. This item does not apply to buyers from another state.

6.0 Documents Required to be Forwarded

A dealer who issues a temporary registration plate (tag) must forward the pink copy of the temporary registration certificate immediately to the. Division of Motor Vehicles. (Pursuant to Title 21, Section 2130)

7.0 Retention of Record

The dealer shall keep a record of the yellow copy of the temporary registration certificate for a period of at least 3 years. (Pursuant to Title 21, Section 2130)

8.0 Commercial Vehicles

If a temporary registration plate is issued by a dealer to a commercial vehicle, recreational vehicle or trailer, the gross weight for which the vehicle is being registered must be completed on the temporary registration certificate.

9.0 Violation

Any dealer who violates the laws regarding the issuance of temporary registration plates or who violates any part of this regulation may, after hearing, have the rights to purchase and issue temporary registration plates suspended for a period of time to be determined by the Department.

2274 Distribution of Literature Advertising Businesses (Formerly Reg. No. 72)

2 Del. Admin. Code § 2274 Distribution of Literature Advertising Businesses (Formerly Reg. No. 72)

2274 Distribution of Literature Advertising Businesses (Formerly Reg. No. 72)

1.0 Pursuant to 21 Del.C. §302, the following policy is adopted:

1.1 Effective immediately, unless authorization is issued in writing by the Director of the Division of Motor Vehicles or the Secretary of Public Safety, no literature, brochures, advertisements or papers which advertise, promote or direct the public to a private or commercial business are to be distributed by the Division of Motor Vehicles.

1.2 No employee of the Division is to direct a person to a particular garage, service station, dealer or individual for repair work for a vehicle.

1.3 We have to be very careful not to create a conflict of interest or give the appearance of a conflict of interest.

2275 Requirements for Licensing of Vehicle Dealers (Formerly Reg. 74)

2 Del. Admin. Code § 2275 Requirements for Licensing of Vehicle Dealers (Formerly Reg. 74)

2275 Requirements for Licensing of Vehicle Dealers (Formerly Reg. 74)

1.0 Pursuant to 21 Del. C. Section 302 and 21 Del.C. Section 6301 the following regulations are adopted for the licensing of vehicle dealers.

1.1 Forms MV 29A, B and C and MV 26 must be completed and submitted to the Division of Motor Vehicles prior to the approval of such dealership. Forms are available at any Division of Motor Vehicles office.

1.2 Division of Motor Vehicles must approve business name of dealership. This is required to prevent duplication of names and very similar names.

1.3 Zoning approval must be submitted to the Division when application is submitted. Zoning authority responsible for the location of the dealership must give this written approval. Addresses and telephone numbers are available at the Division's offices.

1.4 Dealership must have an office on the premises with a desk, chair and file cabinet adequate to maintain records.

1.5 Dealership must have a sign on the premises measuring at least 24" x 36" which lists the name of the business.

1.6 Dealership must have adequate display space for 5 or more vehicles.

1.7 The vehicle dealer's business license fee of $100 must be paid to the Division of Revenue. Copy of the receipt must be attached to the application for dealership. License must be displayed in the office, visible to visitors.

1.8 Pursuant to regulations of the Delaware Department of Transportation, the applicant must obtain an entrance permit from the Department of Transportation if the place of business is located on a State maintained road. A copy of this permit must be attached and submitted with the completed application for dealership.

1.9 Dealership must have a telephone installed in its office and listed in its business name. A receipt from the telephone company confirming this is acceptable at the time of application.

1.10 With the exception of franchised, new vehicle dealers, the owner of a dealership must have been issued a Delaware driver's license at least 90 days prior to time of application.

1.11 A licensed Delaware dealer is not permitted to share a lot, office or location with another dealer.

1.12 Application must be approved prior to the issuance of dealer plates.

1.13 Proof of liability insurance must be submitted with the application. The insurance must cover all dealer plates issued to the dealership.

1.14 Franchised, new vehicle dealers must submit a copy of the franchise agreement or a letter from the manufacturer indicating that such dealer holds the franchise and the type of vehicles to be sold.

1.15 Place of business must be inspected by an agent of the Division prior to approval of application.

2.0 Wholesale dealer requirements.

2.1 Wholesale dealers must comply only with the above listed Paragraphs 1.1 - 1.4 (this may be in a home), 1.7, 1.8 (if applicable), 1.9 - 1.13 and 1.15.

3.0 Minimum sales.

3.1 Delaware dealers must sell a minimum of 5 vehicles between January 1st and December 31st of each year. Failure to comply with this provision will result in the suspension of the dealer's license. Proof of vehicles sold must be provided to Division of Motor Vehicles upon request.

4.0 Applicants for dealerships who do not fulfill the above listed requirements will have their applications disapproved.

4.1 After approval by the Division, if the dealership fails to comply with the above listed requirements, the Division may withdraw its approval and suspend all dealer privileges or any portion thereof.

2276 Single-Axle Tow Dollies (Formerly Reg. No. 75)

2 Del. Admin. Code § 2276 Single-Axle Tow Dollies (Formerly Reg. No. 75)

2276 Single-Axle Tow Dollies (Formerly Reg. No. 75)

WHEREAS, there is a pressing need and desire to tow front wheel drive vehicles; and

WHEREAS, it is impossible to disconnect the drive train of front wheel drive vehicles to allow the use of the conventional tow bar; and

WHEREAS, a modern second generation tow bar has been developed that allows a front wheel drive vehicle to be towed by substituting an axle and wheels for the unusable front axle and wheels of the front wheel drive vehicle being towed; and

WHEREAS, there is a lack of a definition for this modern tow bar, along with a lack of uniformity in the manner in which the device is considered for title and/or registration;

1.0 The following regulation is adopted effective February 24, 1984:

1.1 Definition:

Single-Axle Tow Dolly is a vehicle towed by a self-propelled motor vehicle and designed and used exclusively to transport another self-propelled motor vehicle and upon which the front or rear wheels of the towed self-propelled motor vehicle are mounted, while the other wheels of the towed self-propelled motor vehicle remain in contact with the ground.

1.2 The Tow Dolly shall:

1.2.1 Not be titled or registered.

1.2.2 Not be treated as a separate vehicle when used in combination with another vehicle, i.e., when a tow dolly is being towed with the front or rear wheels of another vehicle mounted thereon, it should not be considered as one of the vehicles in a combination of vehicles, but rather the tow dolly and towed vehicle should be treated as one integral unit.

1.2.3 Be subject to equipment safety requirements such as lighting and safety chains.

2277 Approved Tinting for Side Windows (Formerly Reg. No. 76)

2 Del. Admin. Code § 2277 Approved Tinting for Side Windows (Formerly Reg. No. 76)

2277 Approved Tinting for Side Windows (Formerly Reg. No. 76)

1.0 Introduction

Whereas, 21 Del. C. §. 4313 was amended in June 1990, to read as follows:

§4313. Altering Windshield, Front Side Windows, and Side Wings

(a) No person shall operate any motor vehicle on any public highway, road, or street with the front windshield, the side windows to the immediate right and left of the driver, and/or side wings forward of and to the left and right of the driver that do not meet the requirements of Federal Motor Vehicle Safety Standard 205 in effect at the time of its manufacture.

(b) Nothing in this section shall prohibit the use of any products or materials along the top edge of the windshield so long as such products or materials are transparent and do not encroach upon the AS-1 portion of the windshield as provided by FMVSS 205 and FMVSS 128"; and

(c) No person shall operate any motor vehicle on any public highway, road, or street which does not conspicuously display a certificate by the manufacturer of any "after manufacture" window tinting material which may have been installed that such window tinting material meets the requirements of Federal Motor Vehicle Safety Standard 205 in effect at the time of the vehicle's manufacture. It shall be a valid defense to any charge under this subsection if the person so charged produces in court a validated Mandatory Inspection Notice showing that the Division of Motor Vehicles has examined the motor vehicle since the date of offense and certifies compliance with FMVSS 205.”

2.0 Authority

Whereas, the Department of Transportation needs a more definitive method in which to determine which products or materials are acceptable at the time of the vehicle safety inspection and to assist police officers in enforcing the law, the following regulation is adopted pursuant to 21 Del.C. §302.

3.0 Glass Coating Material on Motor Vehicles

3.1 The following regulations establish standards and specifications for the use of glass coating material and sun screening devices:

3.1.1 Glass coating material placed, displayed, installed, affixed, or applied upon the windshield of a motor vehicle shall not extend below the AS -1 portion of the windshield as provided by FMVSS 205 and FMVSS 128. The material shall not extend more than five (5) inches down from the uppermost part of the windshield on older vehicles where no AS - 1 mark is indicated on the windshield.

3.1.2 The front side wing vents and windows to the immediate right and left of the driver must comply with the requirements of Federal Motor Vehicle Safety Standard 205. Glass coating material (film tint), when used in conjunction with glazing (vehicle glass) material, must provide a light transmission of not less than 70 percent. All specifications in this rule shall be within normal manufacturer's tolerance, i.e., ± 3%.

3.1.3 Rear window or windows may be applied with glass coating material in conjunction with glazing (vehicle glass) if the motor vehicle is equipped with outside mirrors on both left and right hand sides of the vehicle.

3.1.4 Rear window mounted brake lights on 1986 and later vehicles will be clear of any tint material.

3.1.5 The law applies to all motor vehicles which are operated on the roads and highways in this State, regardless of where such vehicles are registered.

9 DE Reg. 1988 (06/01/06)

2278 Imported Vehicles/Federal Standards (Formerly Reg. No. 77)

2 Del. Admin. Code § 2278 Imported Vehicles/Federal Standards (Formerly Reg. No. 77)

2278 Imported Vehicles/Federal Standards (Formerly Reg. No. 77)

Whereas there is a sudden influx of foreign vehicles known as “grey market imports” which were manufactured for sale in Europe; and

Whereas such imported vehicles at time of manufacture do not meet U.S. Standards for Safety and Emissions; and

Whereas such vehicles may be sold to consumers who are unaware that the vehicles were not manufactured for U.S. Standards; and

Whereas the Division of Motor Vehicles is the agency responsible for assuring vehicle safety and exhaust emissions testing;

1.0 The following regulation becomes effective March 1, 1985:

Pursuant to 21 Del.C. §302:

1.1 No imported vehicle with a foreign “Manufacturer's Statement of Origin” shall be titled or registered in Delaware unless a Certification of Compliance accompanies the title application.

1.2 The Certification(s) of Compliance are required to assure the Division that the vehicle now complies with the U.S. Department of Transportation Safety Standards and U.S. E. P. A. Standards (for emissions).

1.3 Items 1 and 2 do not apply to foreign vehicles which have a “uniform” Manufacturer' Statement of Origin accompanying the title application. These MSO’s are all printed in English language and are the same type that accompany all domestic cars which are manufactured in the United States.

2279 Motor Vehicle Registration Plates (Formerly Reg. No. 79)

2 Del. Admin. Code § 2279 Motor Vehicle Registration Plates (Formerly Reg. No. 79)

2279 Motor Vehicle Registration Plates (Formerly Reg. No. 79)

Whereas, Delaware laws provide that the Department shall be the agency for issuing authorized registration plates; and

Whereas, it is not considered feasible to allow motorists to purchase registration plates from any available source they may choose; and

Whereas, it is in the public interest that a certain amount of regulation must be exercised to maintain uniformity, integrity and control on the registration plates being displayed; and

Whereas, there is much public sentiment for continued recognition of historic plates;

1.0 Registration Plates

The following regulation is adopted effective May 1, 1986:

1.1 All authentic registration plates issued by the Division of Motor Vehicles are authorized by the Department of Public Safety for display on the rear of vehicles (pursuant to 21 Del.C. Section 2121), except for those plates specified under Paragraph 1.3 below.

1.2 All exact reproductions of Delaware registration plates issued by the Division of Motor Vehicles are authorized by the Department of Public Safety for display on the rear of vehicles.

1.3 Notwithstanding the provision of Paragraphs 1.1 and 1.2 no registration plate is authorized for display on the rear of a motor vehicle if any letter or number of the assigned registration number is less than three (3) inches in height. However, this paragraph shall not apply to those plates with a prefix of "PC" or "CL" or to those vanity plates issued by the Division of Motor Vehicles with suffixes that have smaller letters or numbers. This paragraph shall not apply to motorcycle or moped license plates since those plates are of a smaller configuration.

1.4 No vehicle shall be passed, at time of safety inspection, if the registration plate being displayed is not authorized pursuant to the provisions of this regulation.

2280 Reinstatement After Non-payment of Judgment (Formerly Reg. No. 82)

2 Del. Admin. Code § 2280 Reinstatement After Non-payment of Judgment (Formerly Reg. No. 82)

2280 Reinstatement After Non-payment of Judgment (Formerly Reg. No. 82)

21 Del.C. §.2942(d) states the following:

"(d) In the event that a person has had his license and registration suspended for nonpayment of a judgment under this section, the Department after the lapse of 10 years from the entry of the judgment may issue a new license provided that such person shall have produced proof of liability insurance coverage or other evidence of financial responsibility in an amount and of such character as shall be satisfactory to the Secretary of Public Safety."

1.0 Requirements for Reinstatement

Prior to reinstatement under the provisions of Section 2942(d) the Division shall require the following:

1.1 Proof of liability insurance on every motor vehicle owned or co owned by the applicant, with said insurance being valid for at least twelve (12) months. This proof shall be in the form of a letter from the insurance company or agent on their letterhead.

1.2 The driving record of the applicant shall be free of any violations during the immediate past five (5) years.

1.3 Notice shall be given to the party who filed the judgment that the Division is considering the reinstatement of the person's driving privileges allowing 14 days for a response. The Division shall give consideration to the response in the following ways:

1.3.1 Did the applicant make any attempt to satisfy the judgment?

1.3.2 Is the party planning to renew the judgment?

1.3.3 If no response is received, requirement Number 3 is null and void.

1.3.4 If the applicant made no attempt to pay any amount on the judgment, and if the party filing the judgment still has interest in retaining the judgment, the reinstatement shall be denied.

2.0 Reinstatement Denied

If any reinstatement is denied, the applicant may request a hearing with the Division of Motor Vehicles. Such request must be accompanied with documentation showing why no effort has been made to make payments on the judgment in accordance with the provisions of 21 Del.C. §2944.

2281 Accounts Receivable Procedure/Uncollectible Checks(Formerly Reg. No. 83)

2 Del. Admin. Code § 2281 Accounts Receivable Procedure/Uncollectible Checks(Formerly Reg. No. 83)

2281 Accounts Receivable Procedure/Uncollectible Checks(Formerly Reg. No. 83)

1.0 Authority

Pursuant to the State's Accounting Procedures and 21 Del.C. 314, the following procedures will be effective July 1, 1987.

2.0 Uncollectible Checks

Whenever any check given to the Department, in payment of any fee or for any purpose is returned to the Department as uncollectible (non sufficient funds closed account, etc.), the Division shall notify the maker of the check by certified mail that the check has been returned by the bank to the Division.

2.1 The certified mail shall be sent to the last known address of the maker who shall be allowed 10 days to furnish payment for the returned check.

3.0 Assessment of Collection Fee

In addition to the payment of the check, the maker of the check shall be assessed a $25.00 collection fee as authorized by Section 314 of Title 21, Delaware Code.

4.0 Response of Maker

If the maker of the check responds within 10 days and furnishes payment for the check and the other collection fees, no further action is required.

5.0 Non-Response of Maker

If payment is not made or if there is no response in 10 days following the date of the mailing, the Division shall suspend the driver's license of the person and also the vehicle registration if the check was given in payment for such registration. The suspension(s) shall remain in effect until payment of the check and the collection fees.

5.1 A letter shall accompany the suspension notices (mentioned in No. 5) which cites the criminal and civil penalties applicable if payment is not made within 10 days.

5.2 If no response is received to the suspension notice/letter of threat within 30 days, debts under $20.00 are considered uncollectible due to cost of collection. Note: However, the suspensions remain in effect indefinitely.

6.0 Use of Collection Agency

In-state checks over $20.00 and up to and including $250.00 shall be turned over to a collection agency.

7.0 Notification for Checks Exceeding $250.00

7.1 A letter shall be sent to makers of checks exceeding $250.00 stating that a complaint is being prepared and forwarded to the Attorney General's Office for collection. Allow 30 days for response.

7.2 If no response is received, these debts shall be turned over to the Attorney General's Office for collection.

8.0 Reporting Procedure

8.1 Age accounts receivable as required for current fiscal year on all bad checks.

8.2 Show grand total of accounts receivable for each year up to five years.

8.3 Total accounts receivable over five years report as one total.

8.4 Indicate collection rate percentage.

8.5 Indicate accounts receivable total transferred from active to inactive status (uncollectible) after five (5) years.

2282 Verbal Permits (Formerly Reg. No. 88)

2 Del. Admin. Code § 2282 Verbal Permits (Formerly Reg. No. 88)

2282 Verbal Permits (Formerly Reg. No. 88)

1.0 Authority

Pursuant to Title 21, Section 2103, the Department may, at its discretion, grant temporary or limited registration permits, in no case to be valid for more than 15 days.

2.0 Issuance of Verbal Permits

In accordance with the above-mentioned law and the Division's policy of issuing verbal permits since 1986, the following policy and procedures are hereby adopted:

2.1 The Division of Motor Vehicles will issue verbal permits to allow vehicle owners with expired license plates to bring vehicles to DMV lanes for inspection and registration renewal. The verbal permit will be issued using a taped telephone recording.

2.2 The vehicle owner will be required to drive the vehicle to the inspection lane by the most direct route and only during the hours DMV is open.

2.3 Proof of insurance for the vehicle is required.

2283 Procedures for Owner-Retained Salvage Vehicles

2 Del. Admin. Code § 2283 Procedures for Owner-Retained Salvage Vehicles

2283 Procedures for Owner-Retained Salvage Vehicles

1.0 Owner-Retained Salvage Certificates

1.1 The following procedures are provided to customers obtaining a salvage certificate for a total loss insurance settlement when they are retaining ownership of the vehicle. The vehicle cannot be driven until the vehicle has been reconstructed, presented to the Delaware State Police Auto Theft Unit for inspection, passed Delaware safety inspection and is retitled. The Division can issue a temporary tag when the vehicle has been reconstructed, has passed the Delaware safety inspection and valid proof of insurance has been presented. See the following procedures:

1.1.1 Step 1:

• Customers can obtain a salvage certificate by personally appearing at any Division of Motor Vehicles facility.

• Customers must make an odometer disclosure as described in Item 1.2.1 and provide the documents and fee shown in Item 1.2.2 to obtain a salvage certificate over the counter.

• Customers must comply with Items 1.2.1, 1.2.2 and 1.2.3 to obtain a salvage certificate by mail.

1.2 Over the Counter Process:

1.2.1 Owner must make an odometer disclosure on the back of the Delaware title in Section 1 “Assignment of Certificate of Title.” Owner must also sign and print his or her name in Section 1 under “Signature of Buyer” and “Printed Name of Buyer.”

1.2.2 The Delaware title; a letter from your insurance company stating the vehicle is a total loss insurance settlement owner retained salvage; the letter must include description of the vehicle, i.e., serial number, make, year; and the Delaware vehicle license plate must be presented at the time of request in addition to a fee of $15.

1.2.3 The Division will issue a salvage certificate on the vehicle and put the license plate in retention if the vehicle registration is still current.

1.3 Mail Process

In order to process by mail, comply with Items 1.2.1, 1.2.2 and 1.2.3 above and mail all documents and the license plate to:

Delaware Division of Motor Vehicles

Title Section

P.O. Box 698

Dover, DE 19903

The Salvage Certificate will be processed and returned to you by mail. Please provide a self addressed envelope to ensure the certificate is mailed to your correct address.

1.3.1 If your vehicle passes DMV Safety Inspection, we will issue a temporary tag for no fee until the next scheduled Auto Theft Unit inspection takes place at a location nearest you. (Temporary tags issued for a longer period of time will require a $10.00 fee.)

2.0 Inspection Requirements

The following procedures must be followed in order for you to title and register a vehicle with a salvage certificate. You must ensure that you comply with the following procedures and present the required items when you bring the vehicle to the Delaware State Police Auto Theft Unit for inspection:

2.1 The salvage title must be in your name.

2.2 Provide a bill of sale or total loss insurance settlement letter from your insurance company.

2.3 You must take color photographs of the vehicle prior to performing any repairs. Two photographs are normally sufficient. (Photographs must show the rear and entire left side of the vehicle and the front and entire right side of the vehicle.)

2.4 All repairs performed must be documented, and receipts for all parts must be saved. Receipts must have the name, address and zip code of the purchaser and the name, address and zip code of the seller. Receipt must also be dated. Receipts for used parts must have the Vehicle Identification Number (VIN) of the vehicle from which the parts were taken.

2.5 The Delaware State Police Auto Theft Unit will require you to provide proof of identity at the time of their inspection.

2.6 The salvage title, receipts for all parts and repairs and the bill of sale or total loss insurance settlement letter must be in the same name, whether it's a dealer or individual.

2.7 The Delaware State Police Auto Theft Unit will no longer approve salvage vehicles repaired by a previous salvage owner.

2.8 The Delaware State Police Auto Theft Unit's schedule for inspections is listed below. No appointment is necessary.

Date

Office Location

Time

2nd Thursday of each month

Dover Inspection Lane

8:30 a.m. to 12:00 p.m. and

1:00 p.m. to 3:30 p.m.

3rd Thursday of each month

Georgetown

Inspection Lane

8:30 a.m. to 12:00p.m. and

1:00 p.m. to 3:30.m.

1st & 4st Thursday of each month

New Castle Inspection

8:00 a.m. to 11:00 p.m. and

1:00 p.m. to 3:00.m.

3.0 Retitling and Registration Requirements

3.1 The Delaware State Police Auto Theft Unit inspectors will provide you with an “Application for Title” (MV214) when the vehicle successfully passes their inspection.

3.2 The vehicle must then be presented to the Division of Motor Vehicles for safety and emissions inspections if this procedure has not already been performed after the vehicle was reconstructed.

3.3 When all of the above items are accomplished, present your salvage certificate, State Police “Application for Title” (MV214), proof of valid insurance and Vehicle Inspection Report at any Division of Motor Vehicles facility for titling.

2284 Disposal Procedures For Towed Vehicles

2 Del. Admin. Code § 2284 Disposal Procedures For Towed Vehicles

2284 Disposal Procedures For Towed Vehicles

1.0 Disposal Of Towed Vehicles

Delaware Title 21, Chapters 44 and 69 cover the disposal of towed and abandoned vehicles. Procedures in these chapters, and in some cases, Title 25, Chapter 39, must be followed by anyone attempting to dispose of a vehicle. This section covers different disposal methods. It is the responsibility of the person attempting to dispose of a vehicle to ensure compliance with all sections of the law. The Division of Motor Vehicles is not responsible for any omissions, deletions, mistakes, or changes in the law which affects procedures. The following items must be complied with prior to the Division of Motor Vehicles authorizing the disposal.

2.0 General Procedure Applies To All Disposals

2.1 The removal of a vehicle must be authorized by a police authority, Department of Transportation or Department of Public Safety.

2.2 A towing/wrecker company must be licensed by the Department of Public Safety and shall be the responsible party for implementing the removal provision of Title 21, Chapter 44. The State Police shall designate the area or areas in each county which shall be used for the storage of abandoned vehicles.

2.3 The towing company responsible for the removal of an abandoned vehicle shall immediately ascertain the identity of any lienholder within 5 days of the removal, a notice shall be mailed to the registered owner and lienholders. Vehicles 8 years of age or older may be exempt from this requirement, if vehicle is held for 30 days.

2.4 Towing/wrecker owners must be provided a police tow form prior to any removal of a vehicle. When a vehicle is towed from private property, documented evidence of "Right to Possession" shall be provided.

2.5 The model year shall change on October 1 of each year for the purpose of these procedures

2.6 Towing/wrecker companies, to secure payment of services, shall have a lien upon the vehicle.

2.7 The vehicle must be inspected by the State Police Auto Theft Unit prior to the disposal hearing, but no later than 30 days after the vehicle was towed.

3.0 Disposal Of Vehicles Under Title 21, Chapter 69

3.1 The towing/wrecker company shall by certified mail, return receipt requested, notify the owner and lienholder of the towing charges, compensation for storage claimed and per diem rate of storage charges. This notice shall be mailed within 5 days of the vehicle's removal. The notice shall also inform the owner/lienholder that all charges must be paid within 15 days of the date the certified letter was mailed. The letter shall include the make year, body style and serial number of the vehicle.

3.2 If the identity of the registered owner or lienholder cannot be determined, a notice shall be published one (1) time in the newspaper of general circulation in the area where the vehicle was removed. This notice shall include the make, year, body style and serial number of the vehicle, and towing charges, compensation for storage claimed and per diem rate of storage charges. In addition, the name, address, telephone number and office hours of towing company will also be provided.

3.3 The police agency or towing/wrecker company after the expiration of 15 days from the date of notification may request the Division of Motor Vehicles to schedule a hearing to determine the intentions of the registered owner and/or secured party. Towing/wrecker owners shall provide Motor Vehicle Form MV582 to the Division to request a hearing. The Division will notify all owners/lienholders by certified mail of the hearing date. The towing/wrecker company shall provide at the hearing the certified mail receipt or newspaper notice, police tow form, and State Police Vehicle Inspection Report.

3.4 The Division of Motor Vehicles hearing officer shall determine the disposition of the vehicle. A salvage certificate of title may be issued 15 days after the hearing in favor of the wrecker owner if the owner and/or secured party have not filed an appeal.

3.5 When an owner and/or secured party objects to the disposition of the vehicle, further proceedings by the Division will cease and all parties will be notified to file with a court of proper jurisdiction to seek judicial disposition.

4.0 Disposals Under Title 21, Chapter 44, Section 4415

4.1 Vehicle must be 8 years of age or older on the date of towing.

4.2 Wrecker owner(s) shall contact the Division of Motor Vehicles to determine the owner(s) of any vehicle within 5 calendar days of towing the vehicle. Division of Motor Vehicle Form MV580 must be completed when requesting this information.

4.3 The vehicle owner and all secured parties shall be notified by registered or certified mail by the wrecker/towing company within 10 days of receipt of ownership/secured party information from the Division. The letter shall include the make, year, body style and serial number of the vehicle, in addition to, towing charge, compensation for storage claimed and the daily storage charge.

4.4 The owner and all secured parties shall within 5 calendar days from receipt of the notification shall either satisfy the lien established by the towing/wrecker company or provide a signed release of interest in the vehicle according to procedures in Title 25, Section 3904 or provide a signed letter contesting the disposal:

4.4.1 Owners/secured parties contesting the lien or the disposal must contest at the nearest Justice of the Peace Court to the wrecker/towing company.

4.4.2 If the owner and/or secured party does not reply within 5 days from the receipt of the notification, the towing/wrecker company may proceed to sell by following the procedures in Title 25, Section 3903, or proceed under Title 21, Section 6902, procedures to obtain a "salvage title", or proceed under Item 4.7 below.

4.5 If the name and address of the owner or secured party is not known or recorded by the Division of Motor Vehicles, the towing/wrecker company assumes an unencumbered title after holding the vehicle for 30 days. Procedures under Title 25, Section 3903 or Title 21, Section 6902, or Item 4.7 below may be followed to dispose of the vehicle.

4.6 Towing/wrecker companies authorized to sell the motor vehicle or trailer shall keep detailed records of all costs for removing/towing, storage and costs of the sale. Proceeds from the sale shall be used to pay all police agency or towing, wrecker company costs. Funds left over will be used to pay any and all liens on the motor vehicle. Funds remaining will be sent to the Division of Motor Vehicles for deposit to the State Treasurer.

4.7 A towing/wrecker company may transfer a vehicle described under Item 4.1 directly to a licensed automotive recycler when the vehicle has been in their possession for 30 days without owner notification. The Division will provide a Certificate of Authority to Dispose of a Towed Vehicle when the following is provided:

4.7.1 State Police Vehicle Inspection Report; and

4.7.2 Police tow form; or

4.7.3 when vehicle has been towed from private property, documented evidence of right to possession, which shall contain a description of the vehicle, date towed, location towed from and person authorizing the towing; and

4.7.4 Division of Motor Vehicles application form. (form MV525A)

Requests for Chapter 69 Hearing, Certificates of Authority to Dispose of a Towed Vehicle, or other questions will be addressed to the Delaware Division of Motor Vehicle Administrative Office, Registration Section, PO Box 698, Dover, Delaware 19903. Telephone requests: (302) 744-2503.

2285 Vanity Tag Regulation

2 Del. Admin. Code § 2285 Vanity Tag Regulation

2285 Vanity Tag Regulation

Delaware Title 21, Sections 2121(h) and (i), are the laws regarding vanity license plates. This regulation covers the requirements for vanity license plates under Delaware law and Division regulations on what letters and numbers can be issued. Specialists taking orders for vanity plates must be familiar with this law and regulation.

The law allows any single letter or combination of letters or combination of letters and numerals, not to exceed seven (7) in number except for motorcycle license plates that are restricted to five (5) in number. If the combination includes numerals, the numerals shall be displayed to the right of all letters on the plate. A hyphen, ampersand or space shall be permitted and shall be counted as one letter. The Division is granted the authority by law to refuse any combination of letters or letters and numerals.

1.0 Special Note

1.1 Motor vehicle specialists must be extremely careful when issuing vanity license plates to ensure obscene plates are not issued. Plates that make unflattering statements about any particular group or raise politically sensitive issues should be referred to the Dover Administrative Office for approval or denial. Motor vehicle specialists in the facilities should allow another specialist to review a vanity license plate request before approving the order. The Dover Administrative Office will ensure two specialists review the order before ordering a license plate.

1.2 Final approval or denial on any sensitive plates will be made by a committee consisting of the Dover Registration Supervisor, Dover Senior Support Supervisor, and the Clean Air Administrator/Chief of Vehicles Services or Chief of Operations.

1.3 Motor vehicle specialists may disapprove obscene license plates without referral to the Dover Administrative Office. Customers who wish to appeal a plate denial will be referred to the Dover Registration Supervisor (302 744 2539).

1.4 The following combinations of letters/numerals shall not be issued due to potential conflicts with existing license plates: Any special license plate prefix...

“A”

FOLLOWED BY A NUMBER OR NUMBERS

“C”

“

“CT”

“

“CY”

“

“D”

“

DAV”

“

“DX”

“

“F”

“

“FD”

“

“FT”

“

“HA”

“

“I”

“

“I”

FOLLOWED BY "I", "O" OR ANY OTHER NUMBERS (ALSO ANY COMBINATION OF "I" AND "1" OR "I" AND "0") NO ROMAN NUMERALS EXCEPT WHEN USED AS A SUFFIX TO A CUSTOMER'S INITIALS

“MC”

FOLLOWED BY A NUMBER OR NUMBERS

“MCB”

“

“MCE”

“

“MCJ”

“

“MH”

“

“MIA”

“

“MP”

“

“NO 1”

OR “NO-1”

“NO 2”

OR” NO-2”

“NO 3”

OR “NO-3”

“O”

OR “O’s”

“O”

FOLLOWED BY "I", "1" OR "0" (ALSO ANY COMBINATION OF "O", "I", "1" OR "0". ALL "O's" ARE ACCEPTABLE TO BE ISSUED)

“PC”

FOLLOWED BY A NUMBER OR NUMBERS

“POW”

“

“R”

“

“RT”

“

“RV”

“

“S”

“

“SR”

“

“T”

“

"TC"

“

“TX”

“

1.5 No vanity plate shall be issued that would be a duplicate of a Delaware license plate already issued.

1.6 The same combination of letters or letters and numerals shall not be issued for more than one motor vehicle.

1.7 No vanity plate shall be issued that is considered to be obscene by the Division of Motor Vehicles.

1.8 Vanity plates that are not blue & gold are illegal and cannot be displayed on any vehicle.

1.9 The Division shall issue vanity plates with smaller than normal letters only when such smaller letters are used as a suffix to a customer's initials. Examples of this are: "SR", "JR", "II" or "III". Under no conditions is the Division to issue smaller letters as a prefix or in the middle of a set of initials, except to elected officials.

1.10 A space may be inserted between any given letter or numeral on a vanity plate. However, the space will count as one letter. A maximum of two (2) will be allotted. Examples of this are: "HV TV", "TRS MS", "XY TMY", "J S R" or "JS R".

1.11 Commas, periods or other punctuation marks are not permitted on vanity plates with the following exception: A maximum of two (2) hyphens may be used between letters and numerals. A maximum of two (2) ampersands (&) may be used between letters and numerals. The hyphen and ampersand will count as one letter for each. The hyphen and ampersand will not be loaded into the computer. Examples: Vanity plate "JS BS" or "JS&BS" will be loaded into the computer as "JSBS"; vanity plate "J B S", "J B S" or "J&B&S" will be loaded as "JBS". A vanity plate cannot be issued for "JS&BS" if a vanity plate has already been issued for "JS BS" or "JS BS".

2.0 Reissue Of Vanity Plates

2.1 A vanity plate may be reissued to a new applicant after such plate has been expired for six (6) months. (See Regulation 2285) or

2.2 Upon written or verbal permission from the owner, a vanity plate may be reissued to a new applicant at any time. Upon transfer of a valid vanity plate to another person, the remaining registration expiration period is canceled.

2.3 All applications for vanity plates that are being reissued shall first be checked with the Dover Administrative Office, Vanity Plate Section.

3.0 Vehicle Eligibility For Vanity Plates

3.1 Vanity plates may be issued on any passenger car, station wagon, motorcycle, commercial motor vehicle (except vehicle registered under IRP), farm truck, or motor vehicle bearing an “RV” plate that has a valid Delaware license plate.

3.2 Vanity plates cannot be issued on trailers, farm tractors, stock cars or mopeds.

4.0 Prorating of fees to accomodate vanity plates.

4.1 Annual Fee

4.1.1 The annual fee for a vanity license plate is $40.00 in addition to the annual fee for the regular registration plate assigned to the vehicle.

4.2 New Application

4.2.1 At the time that the application for a vanity plate is submitted, if the vehicle is already registered with a valid Delaware license plate, the vanity plate fee shall be prorated at $3.50 per month so as to have the expiration of the vanity plate the same as the expiration date of the regular assigned plate.

4.3 Transfer Of Vanity Plate By Same Owner To Another Vehicle:

4.3.1 When an applicant purchases a different vehicle in his/her name and the expiration date is greater on the vanity plate than it is on the regular plate, the expiration date on the vanity plate will be set back to the same expiration date as the vehicle. The customer will lose the extra time on the vanity plate. No refunds are authorized.

4.3.2 If the registration expiration date on the regular plate of the newly acquired vehicle is greater than the registration expiration date on the vanity plate being transferred, the vanity plate will be updated at the prorated fee of $3.50 per month to correspond with the regular plate unless the owner no longer wants the vanity plate

5.0 Display Of Vanity Plates

5.1 The owner of a vanity plate that is valid can display a duplicate of the vanity plate on the front of the vehicle for as long as such vanity plate remains valid and is renewed by such owner. An expired vanity plate may not be displayed on the front of a vehicle. This is pursuant to Title 21, Section 2126(a).

5.2 No owner of a vehicle may display an expired vanity plate on the front of a vehicle when he/she is displaying a properly assigned license plate number on the rear of his/her vehicle. However, an owner may display a valid vanity plate on the front of his/her vehicle and his/her regularly assigned license plate number on the rear of the vehicle.

5.3 Any vehicle actively registered with a vanity plate may have displayed on the front of such vehicle its regularly assigned license plate if the owner so wishes.

5.4 The vanity plate is issued by the Division for a fee and is used as an "identifier" of the vehicle just like all registration plates.

6.0 Ownership Of Vanity Plates

6.1 A vanity plate shall be the property of the owner as long as the owner pays the renewal fee for such plate.

6.2 The issuing specialist shall provide customers with the vanity plate handout when a plate is ordered or renewed.

6.3 Specialists should advise the owner to keep his/her numbered license plate in the vehicle.

7.0 Application For Vanity Plate

7.1 Vanity Plate Specialist Must:

7.1.1 Indicate on the vanity plate application whether it is a new application, a transfer, or a tag retention. This is important.

7.1.2 Inform the applicant that delivery of a new vanity plate takes about 3 4 weeks. The application will be validated.

7.1.3 Be sure to make it very clear when ordering vanity plates with the letter "L" or the number "1 ". We must be able to distinguish between a "1" and an "L" and Roman numeral "I" or "i". Roman numerals will be connected.

7.1.4 Have the applicant verify the combination of letters or letters and numerals on the application and then sign the application. This is done to eliminate errors and misunderstandings regarding what is being requested. Please provide the customer a vanity plate display handout.

7.1.5 A vanity plate that is available can be held for a customer for a maximum of 30 days without payment. After 30 days, the plate is available to the next requester. This hold is a one time hold per plate per customer.

7.1.6 The customer's telephone number and signature must appear on the vanity plate application unless the application is in a dealer folder. Please emphasize the importance of using the correct address. Many vanity plates are returned to our office by the post office. We will not remail the license plates. If they are returned, they must be picked up by the customer. After 30 days, they will be destroyed. (Specialists may wish to verify the address by checking the driver's license if the applicant appears in person.)

7.1.7 The maximum letters or letters and numerals for a motorcycle vanity plate is 5.

7.1.8 Once a vanity plate has been paid for and ordered, there are no refunds or changes.

2286 Transferring Titles with Multiple Names

2 Del. Admin. Code § 2286 Transferring Titles with Multiple Names

2200 Division of Motor Vehicles

Vehicle Services

2286 Transferring Titles with Multiple Names

1.0 Authority

Whereas, the Department of Transportation needs a definite method to determine how vehicle titles should be transferred and issued in accordance with 21 Del.C. Chapters 23 and 25, the following policy regulation is adopted pursuant to 21 Del.C. §302.

2.0 Title Transfers

2.1 A vehicle title in two or more names using the word “and” between the names requires all owners to sign the appropriate blocks on the back of the title to transfer the title.

2.2 A vehicle title in two or more names using the words “and/or” between the names only requires one owner to sign the appropriate blocks on the back of the title to transfer the title.

2.3 A vehicle titled in two or more names using the word “and” between the names where one owner is deceased requires the surviving owner(s) to present a copy of the executor or administrator papers to drop the deceased owner’s name from the title or to transfer the title to a new owner. In the event an individual other than the surviving owner(s) is the executor or administrator of the estate, the title may not be transferred without the surviving owners’ signatures and the executor’s or administrator’s signature in the appropriate blocks.

3.0 Duplicate Titles

Duplicate title applications must be signed by all owners before a duplicate title will be issued regardless of whether the title has the words “and” or “and/or” between the owners’ names.

4.0 Leased Vehicles

Leased vehicles owned by a leasing company and leased to a lessee with the right to purchase will be titled in the name of the leasing company “C/O” the lessee.

5.0 Transfers Involving Divorced Owners

5.1 The Division will transfer a vehicle title with the names separated by “and” to a divorced owner when the divorce decree incorporates the division of assets and identifies who receives the vehicle. A division of assets may not be incorporated into the divorce decree, but it may still be a valid agreement between the parties regarding the transfer of marital property to one party or the other. A division of assets that is not incorporated into a divorce decree may be acceptable as long as both parties signed the agreement, the agreement is notarized, and the agreement clearly identifies the vehicle and which party is to receive the vehicle. The divorced owner who received the vehicle in the division of assets only needs to sign the back of title to transfer the title or drop the other party’s name. In the absence of any division of assets, both parties must sign the title when a vehicle is titled using the word “and” between the parties’ names.

9 DE Reg. 1988 (06/01/06)

2287 Public Carrier Regulations

2 Del. Admin. Code § 2287-1.0 Definitions

In addition to the definitions in 2 Del.C. §1801, the following words, terms, and phrases, when used in this regulation, shall have the following meaning:

“Certificate Holder” means a person holding a Certificate of Public Convenience and Necessity.

“Certificate of Public Convenience and Necessity” means formal authorization granted to a person, issued by the Office of Public Carrier Regulation, to operate a specified aggregate number of vehicles within and conforming to a particular service category, and requiring a person’s conformance to the rules and regulations and to all future amendments, adopted by the Office of Public Carrier Regulations applicable to such Certificate in accordance with 2 Del.C. Ch. 18.

“Department” means the Delaware Department of Transportation.

“Director” means the Chief Executive Officer of the Delaware Transit Corporation of the Department of Transportation.

"Division" means the Delaware Transit Corporation and the Office of Public Carrier Regulation ("OPC").

“Exempt Vehicle” means any carpools, van pools and public agency vehicles not operated as a commercial venture, and ambulances, vehicles used exclusively for the transportation of decedents and persons participating in funeral services, vehicles used solely to provide free transportation services for customers of the business establishment operating said vehicles, and rental or leased vehicles which rental or lease does not include a driver; provided, however, that no motor vehicle excluded under this definition shall be used on a for-hire basis with a driver except as authorized by this chapter. Transportation to and from any school or school-sponsored event when such transportation is under the regulation of the Department of Education, transportation to and from a church, synagogue or other place or worship, and shuttle-type transportation provided by business establishments without charge to customers of the business offering such shuttle transportation between fixed termini is also exempt.

“Highway” means any road, lane, or street maintained by the State, or any municipality or county thereof, for use by the traveling public.

“Interstate” means transportation between any place in a state and any place in another state or between places in the same state through another state.

“Intrastate” means travel within the boundaries of the State of Delaware.

“Medical Transport Vehicle” means any motor vehicle designed or used to transport 15 persons or less, including the driver, on a prearranged basis for visits to medical care providers or other destinations related to health and welfare that require “Protective Oversight” of passengers with special needs.

"Passenger Trailer" means any unpowered vehicle that transports passengers over the roadways of the State of Delaware while being pulled by a motor vehicle.

“Prearranged” means that the transportation has been arranged or reserved via telephone, facsimile, or computer before the Vehicle for Hire is dispatched to render the transportation service or the providing of a driver service that transports a passenger in the passenger’s vehicle that has been arranged or reserved via telephone, facsimile, computer or subscription service or any service ancillary to the transportation such as loading baggage.

“Proceedings” means actions, complaints, hearings, investigations, trials, appeals, orders, and similar proceedings.

“Property” means all material, equipment, apparatus, devices and property of any kind owned or operated by any public carrier.

“Protective Oversight” means the continuity of responsibility for the safety and welfare of passengers. Due to the level of disability, behavior, physical ability or medical condition, some passengers are at risk if left alone and require continuous oversight by another party.

“Rates” means rates, fares, charges, tolls, fees, tariffs or any schedule of prices charged for public transportation by the public carrier.

“Records” means accounts, books, charts, contracts, documents, files, maps, reports, schedules, trip logs, maintenance logs, dispatch logs, state, federal, and developer mandated vehicle software updates, software correction and debugging, etc.

“Reserve Vehicle” means a Vehicle for Hire not in service.

“Secretary” means the Secretary of the Department of Transportation.

“Taximeter” means a meter instrument or device attached to a taxicab, which measures mechanically or electronically the distance driven and the waiting time upon which the fare is based.

“Vehicle for Hire” means any motor vehicle engaged in the business of carrying persons for hire in the State of Delaware where compensation for said transportation is made directly or indirectly.

"Written Notice" means any notice provided by the OPC via email, fax, express mail, regular mail or certified mail, or return receipt requested, unless noted otherwise.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-2.0 The Delaware Transit Corporation

2.1 The principal office shall be Delaware Transit Corporation, Office of Public Carrier Regulation, at 119 Lower Beech Street, Wilmington, DE 19805.

2.2 Prohibited Conduct of Employees. DelDOT and OPC personnel shall conduct themselves in accordance with Title 29 of the Delaware Code, Chapter 58-A and in furtherance of such compliance shall not:

2.2.1 Hold a pecuniary interest in or office of any public carrier.

2.2.2 Recommend to any public carrier the employment of any person.

2.2.3 Accept from any public carrier a gift or gratuity.

2.2.4 Divulge information learned during the course of an investigation except as may be directed by OPC or authorized by law.

2.3 Books, Records, Accounts and Systems of Account of Carrier

2.3.1 OPC requires all carriers to maintain for permanent record and submission to OPC the following records, accounts and documents: annual reports, maps of operating territory, Delaware intrastate rights, Certificates of Public Convenience and Necessity for both Delaware and I.C.C./U.S. DOT, if any, and changes or addendums to said certificates, depreciation accounts, maintenance records on each vehicle, and any other records OPC may prescribe. All accounting procedures must conform with generally accepted accounting principles.

2.3.2 Every public carrier shall keep such books, accounts, papers, records and memoranda as are required by OPC and, when required, shall make available copies of its books, accounts, papers, records, and memoranda relating to the business done by such public carrier within this State for a period of three years.

2.4 Inspections

2.4.1 OPC shall have access to and the right to inspect and examine any and all vehicles, books, accounts, records, memoranda, property, plant, facilities, and equipment of public carriers. These inspections shall be made where such books, accounts, records, memoranda, property, plant, facilities, and equipment are maintained by public carriers. The OPC will provide the public carrier with at least two (2) week written notice before the OPC will perform an inspection under this section. A public carrier can request, in writing, a postponement of the inspection. An inspection may be postponed only by the OPC upon a showing of good cause from the public carrier. The inspection must be re-scheduled no more than thirty (30) days after the initial inspection date set by the OPC.

2.4.2 Per Title 21, Chapter 21, Section 2144, at any time and notwithstanding the possession of current registration plates, as provided by this title, the Secretary, or any authorized agent of the OPC or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the OPC. The notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within 5 days thereafter.

2.5 Standards, Classifications, Regulations, Practices, Measurements, Services, Property and Equipment of Public Carrier

2.5.1 OPC shall, by order in writing:

2.5.1.1 Fix just and reasonable standards, classifications, regulations, practices, measurements or services to be furnished, imposed, observed, and followed thereafter by any public carrier.

2.5.1.2 Require every public carrier to furnish safe, adequate and proper service and keep and maintain its property and equipment in such condition as to enable it to do so.

2.5.1.3 Have the full authority to enforce these rules and regulations and impose any penalties in accordance with these rules and regulations including: the removal of the unexpired Certificate issued by OPC from the vehicles windshield; suspension or revocation of the driver’s licenses of any Certificate of Public Convenience and Necessity holders, entity representatives, employees, drivers, or others involved in company activities; suspension or revocation of the Certificate of Public Convenience and Necessity; and suspension or revocation of the registration, issued by the Division of Motor Vehicles, of any vehicles operating under a Certificate of Public Convenience and Necessity or any vehicles that are providing public carrier services without a Certificate of Public Convenience and Necessity issued by the OPC unless otherwise exempted by the Public Carrier Act.

2.5.1.4 Have the full authority to revoke a Certificate of Public Convenience and Necessity, if 90 days have passed after the issuance of a Certificate of Public Convenience and Necessity, and a carrier has not begun operating the proposed service. The carrier will be given a 30 day warning, with the opportunity to request an extension past the 90 day limit. If an extension is warranted, it will be granted, up to but not exceeding 60 days past the first 90 day deadline.

2.6 Filing of Papers

2.6.1 OPC shall be responsible for the maintenance and custody of the docket files, and records and papers required to be filed with the OPC. All documents are to be filed either in person or certified mail at the Office of Public Carrier, 119 Lower Beech Street, Wilmington DE, 19805. Documents that are time limited by law of OPC rules and policies may not be accepted by the OPC if time deadlines are not met. All requests for information and copies of official records, or a request to inspect public records shall be made to the OPC in writing.

2.6.2 All orders and other actions of OPC shall be authenticated or signed by the Director or such other personnel as may be authorized by him/her.

2.6.3 Communications addressed to OPC and all applications, complaints, petitions, answers and other pleadings, all reports, exhibits, depositions, transcripts, orders and other papers or documents, received or filed in the office of OPC shall be stamped showing the date of the receipt or filing thereof.

2.6.4 All papers, of whatever character, offered for filing be written clearly, and contain the name, address and telephone number of the person filing the paper. The filing shall also describe the nature and reason for the filing and describe any relief, if any, being sought by the person filing the paper. OPC will not be required to receive any paper that does not contain the information required by this section.

2.7 Effective Date

2.7.1 This regulation shall become effective in accordance with Title 2 of the Delaware Code, Chapter 18, §1802(b), adoption by OPC and approval by the Secretary of the Department of Transportation. OPC shall take such action to insure that such known public carriers are informed by certified mail. OPC will also utilize additional methods to publicize the effective date to reach as many public carriers as it can.

2.8 Changes

2.8.1 Upon its own initiative or request by a public carrier or individual, OPC shall consider changes to this regulation. The proposed changes and OPC’s comments and recommendations pertaining to them shall be distributed to all interested and involved parties. Changes will be made in accordance with Title 2 of the Delaware Code, Chapter 18, §1802(b), and the Secretary must approve any changes prior to implementation.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-3.0 Public Carriers

3.1 Applicability. This regulation shall apply to all public carriers regulated by OPC in compliance with Title 2, Chapter 18 of the Delaware Code annotated.

3.1.1 Exemption. Any vehicle that is regulated by the Delaware Fire Prevention Commission as defined by 16 Del.C. §6708(2) and is the holder of a currently valid permit to operate a vehicle as an ambulance shall be exempt from 2 Del.C. Ch.18 as a public carrier.

3.1.2 Transition. All public carriers that have ambulances registered under these Regulations may remove these vehicles from the Certificate of Necessity and Public Convenience. If a limousine registration plate with a "LX" prefix has already been obtained, these public carriers may change the vehicle registration plate to the registration plate applicable for that type of vehicle. All title fees and registration fees shall still apply as would ordinarily be required for the registration type and term of that vehicle.

3.2 Resident Agent. Every public carrier shall file with OPC a designation in writing of the name and post office address of a person residing within this State or a corporation authorized to transact business in the State, upon whom service of any notice, order or process may be made under this Chapter. Such designation may, from time to time, be changed by like writing similarly filed.

3.3 Prohibitions

3.3.1 Hereafter no public carrier shall, without written notification to OPC and prior approval of OPC in instances where OPC has jurisdiction (see Title 2, Chapter 18, §1802):

3.3.1.1 Exercise any franchise except to the extent granted by OPC.

3.3.1.2 Assign, lease or transfer any franchise right.

3.3.1.3 Acquire a pecuniary interest in any other public carrier operating in this State.

3.3.1.4 Abandon, discontinue or alter any franchise.

3.3.2 No public carrier shall under any circumstances:

3.3.2.1 Offer to any employee of DelDOT or OPC whose duties include the regulation of public carriers any office, appointment, gift, gratuity, or special consideration of any kind whatsoever.

3.3.2.2 Charge or receive from any person a greater or lesser compensation than from any other person under substantially similar circumstances.

3.3.2.3 Extend any privileges to any person except as authorized in Title 2, Chapter 18, Section 1816 of the Delaware Code.

3.3.2.4 Discriminate against any person as prohibited by the Laws or Constitutions of the United States and the State of Delaware.

3.3.2.5 Refuse service to any person unless he/she is under the influence of intoxicating liquors or drugs, or he/she is incapable of taking care of himself/herself, or his/her conduct is such, or is likely to be such, as to make him/her objectionable to other passengers or prospective passengers.

3.3.2.6 Physically or verbally assault, intimidate, or otherwise abuse the Director, a member, an employee, agent or other individual acting on behalf of the OPC, a passenger, public official or other individual publicly or privately by any means as annotated in 11 Del.C. §1240.

3.3.2.7 Make or offer any false or misleading statement and information to the Director or OPC, a member, an employee, agent or other individual acting on behalf of the OPC, a passenger, public official or other individual publicly or privately by any means.

3.3.2.8 Have a vehicle registration expiration date that expires after the expiration date of the renewal Certificate sticker issued by OPC that is to be displayed at all times in the vehicle’s windshield or other location as the OPC may designate. The vehicle registration shall be issued for no longer than six (6) months in accordance with Title 21, Chapter 21, §2155, and shall expire at the same time as the OPC’s renewal Certificate unless the registration is issued by a State other than the State of Delaware.

3.3.2.9 Allow anyone to operate a Vehicle for Hire while holding a suspended or revoked driver’s license issued by their State of residence.

3.4 Affirmative Duties. Every public carrier shall, in addition to all other duties imposed by the Laws of the State of Delaware:

3.4.1 Maintain inside the vehicle a schedule of rates and charges currently on file with OPC for convenient inspection by the public.

3.4.2 File with OPC on or before April 1st of the following year an annual gross revenue report for the preceding calendar year, a copy of the current year’s Division of Revenue Business License, and other special reports that may from time to time be required.

3.4.3 Furnish services which are safe.

3.4.4 File with OPC within thirty (30) days of accidents involving personal injury or property damage exceeding $1000 in which they are involved. Public carriers providing service where intrastate and interstate traffic are commingled in the same vehicle shall notify OPC of accidents in which they are involved occurring within this State which also must be reported to a Federal agency, by reporting such accidents to OPC on copies of forms sent to the Federal agency. In case of death resulting from an accident, OPC shall be notified by telephone, email or in-person as soon as possible but no more than 48 hours after the accident. Both OPC and the Federal agency shall be notified concurrently.

3.4.5 Provide to OPC on or before April 1st of the following year a listing of drivers operating vehicles under the regulatory jurisdiction of OPC. The list will be kept current by the carrier. Any driver employment changes and notifications owners/drivers convicted of a felonious crime must be reported to OPC within thirty (30) days of such change or conviction.

3.4.6 Provide a Federal Bureau of Investigation and a State Bureau of Investigation criminal history background check to verify that all individuals operating qualified vehicles are clear of any disqualifying crimes. This information must be submitted to OPC by all carriers with any new hire drivers within thirty (30) days of initial employment. In addition, this information, not more than one hundred eighty (180) days old, must be submitted to OPC by all carriers, for all owners, officers, and employees/drivers, with any new, amended, or transfer application filed with OPC.

3.4.7 Comply with these Rules and Practices. The sale of any vehicle shall not release a violator from the obligation to satisfy any administrative penalty imposed by the OPC or its agents. Any outstanding fees or penalties must be satisfied in full before the OPC can review, renew or make any changes to a carrier’s operational authority.

3.4.8 Sale of any vehicle shall not release a violator from the obligation to satisfy any administrative penalty imposed by OPC or its agents. Any outstanding fees or penalties must be satisfied in full before OPC can review, renew or make any changes to a carrier’s operational authority.

3.5 Transportation of Disabled Persons with Service Animals

3.5.1 All public carriers shall transport service animals. A "service animal" is defined as any guide dog, signal dog or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue, pulling a wheelchair or fetching dropped items.

3.5.2 Any animal trained as a service animal will be permitted to travel with a passenger in a public carrier vehicle. The public carrier may ask if the animal is a service animal or a pet by asking the passenger the task the animal has been trained to perform. The public carrier may not ask any questions concerning the passenger's disability. The public carrier cannot insist on proof of the animal's service certificate and transporting of a service animal cannot be denied except as set forth in subsection 3.5.3.

3.5.3 Passengers are responsible for the control of their service animal. Service animals shall sit with their owner and not be placed in any other location in the vehicle unless the service animal's owner and the driver mutually agree to relocate the service animal and the service animal's relocation does not endanger the health and safety of the service animal. Service animals can be denied a ride or removed from a vehicle only if the passenger cannot control the behavior of the service animal or the service animal poses a direct threat to the health and safety of the driver and others. A service animal not leashed or muzzled cannot be denied a ride unless it demonstrates actions that pose a direct threat to the health and safety of the driver, passenger and others, or cannot be controlled by its owner. In any circumstance where a service animal is denied a ride or removed from a vehicle, the public carrier must offer to the passenger the option to complete the ride without the service animal.

3.5.4 No passenger with a service animal shall be charged an extra fee or treated less favorably than any passenger that does not require the services of a service animal.

3.5.5 The public carrier is not responsible for providing a service animal with a location to relieve itself, or any other additional services related to transporting a service animal.

3.5.6 A public carrier that violates any provision of subsection 3.5 may be subject to fine up to $200 and a suspension or revocation of its Certificate of Public Convenience and Necessity. These fines and penalties are in addition to other fines and penalties contained in this regulation.

3.6 Smoking Prohibited

3.6.1 Smoking is prohibited as provided in Title 11 of the Delaware Code, Chapter 5, Subchapter VII, §1326 which states the following: “Whoever in any trackless trolley coach, or gasoline or diesel-engine-propelled bus being used as a public conveyance for carrying passengers within this State, smokes or carries a lighted cigarette, cigar or pipe shall be fined not less than $5 nor more than $25.”

3.7 Passenger Notification

3.7.1 Whenever any bus or railroad train is subject to a delay either en route or in a station, the passengers on board or in the station or at stations further along the line shall be told the reason for the delay and when their trip will be resumed when that information is known to pertinent personnel of the carrier.

3.8 ICC/U.S. DOT Regulation

3.8.1 All motor carriers subject to regulation by DelDOT and also engaged in interstate commerce in the State of Delaware and possessing authorization to do so from the Interstate Commerce Commission/U.S. DOT shall file with DelDOT copies of such authorization.

3.9 Public Liability Insurance

3.9.1 All public carriers’ vehicles and drivers must be covered with insurance as specified in Title 2, Chapter 18, §1802(p) and §1818 of the Delaware Code. It shall be unlawful and a violation of this Code to lease or operate a Vehicle for Hire that is not insured to the extent required herein.

3.9.2 The minimum coverages are as follows:

Buses

Taxi

All Other Service Types

Personal injury or death per person, per accident

$100,000

$25,000

$100,000

Per accident for property damage

$50,000

$10,000

$50,000

3.9.3 As annotated in Title 2, Chapter 18, §1802(1)(b), a public carrier must show sufficient financial ability to compensate a member of the public for injuries to person or property, which they may sustain from acts or failures to act of the public carrier. Public carriers holding a Certificate of Public Convenience and Necessity, issued by this State, must provide the Department with one of the following:

3.9.3.1 A General Liability insurance policy, from a solvent, reputable insurance company licensed to do business in the State of Delaware. This policy shall be conditioned for the payment of property damage and personal injuries sustained by acts or failures to act by a Public Carrier, and shall be in an amount no less than one million dollars ($1,000,000).

3.9.3.2 A bond, as authorized by Delaware law. A solvent, reputable surety company licensed to do business in the State of Delaware must complete the form, letter, or certificate. The bond shall be conditioned for the payment of property damage and personal injuries sustained by acts or failures to act by a public carrier, and shall be in an amount no less than one hundred thousand dollars ($100,000). If the bond becomes insufficient because of claims or any other reason, the operator shall have seven (7) days to restore it to the full amount, or obtain a general liability policy as stipulated.

3.9.3.3 Documentation of any nature which the public carrier presents as evidence of meeting the financial ability provision. This documentation is subject to review by the OPC, and if necessary, legal counsel of the OPC. If the proposed method of accountability is accepted, it is subject to verification by the OPC at any time, and failure to meet the financial ability provision at any time will be cause for immediate suspension of the Certificate of Public Convenience and Necessity.

3.10 Safety Regulations

3.10.1 Other Inspections; procedure; duty of owner: As per Title 21, Chapter 27, Section 2144

3.10.1.1 ‘ At any time and notwithstanding the possession of current registration plates, as provided by this title, the OPC, or any authorized agent of the OPC or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the OPC. The notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within 5 days thereafter from the OPC. This authority is in addition to the inspection authority provided under subsection 2.4.

3.10.2 Each operator and its operating officers, agents, employees and representatives shall comply with the following regulations, and each such operator shall require that said officers, agents, employees, and representatives shall become conversant with these regulations.

3.10.2.1 Vehicles to be operated safely - No motor vehicle shall be driven recklessly, or so as to endanger life, limb, or property. Extreme caution in the operation of motor vehicles shall be exercised under hazardous conditions, such as snow, ice, sleet, fog, mist, rain, dust, smoke, or any other condition, which adversely affects visibility or traction.

3.10.2.2 Drivers - No motor vehicle shall be driven by a driver while his/her ability or alertness is so impaired through fatigue, illness, or any other cause, as to make it unsafe for him/her to drive or to continue to drive a motor vehicle; nor shall he/she be required or knowingly be permitted to drive while in such condition, except in case of grave emergency where the hazard to passengers would be increased by observance of the foregoing regulation.

3.10.2.3 Intoxicating Liquors and Drugs - No driver shall go on duty while under the influence of intoxicating liquor or narcotic or habit producing drugs, use drugs or drink while on duty any alcoholic liquor or beverage, nor shall he/she knowingly be permitted to do so.

3.10.2.4 Grade Crossings - Each vehicle used for the transportation of passengers, by any public carrier, when carrying passengers, upon approaching any railroad or railway crossing, at grade, where there is no physical disconnection of the rail, no physical barrier across the tracks, or other definite evidence of abandonment, shall be brought to a full stop within fifty (50) feet/15.2m but not less than fifteen (15) feet/4.6m from the nearest rail of such railroad or railway grade crossing, and the vehicle shall not proceed until due care has been taken to ascertain that the course is clear; provided, however, that such stop shall not be required at a crossing of street railway tracks within an urban area. In all such cases, movement over crossings shall be made in such gear that there shall be no necessity for changing gears while traversing the crossing.

3.10.2.5 Safe Condition of Vehicle - No motor vehicle knowingly shall be operated in passenger service unless it conforms to the minimum standards of safety inspection as adopted by DelDOT. Minimum safety standards as used here means Part 393, Title 49, Code of Federal Regulations (See Section 7.1).

3.10.2.6 Explosives, Acids, and Inflammables - No public carrier knowingly shall permit the transportation of high explosives, acids, inflammable liquids, loaded guns or any other article which will endanger life or limb, in any motor vehicle used for transportation of passengers. This Section shall not apply to firearms carried by police officers or by members of the armed forces while on duty or while en route to or from duty.

3.10.2.7 Packages - No public carrier shall permit the transportation of any express or parcel freight including, but not limited to, food or other materials that may interfere with the safety or reasonable comfort of passengers.

3.10.2.8 Food Consumption - No driver shall consume food or drink that interferes with the safety and reasonable comfort of passengers including, but not limited to, introducing allergens into the vehicle.

3.10.2.9 Children - Children shall be transported using age, weight and height appropriate, federally approved car seats.

3.11 Employers’ Rules. Nothing contained in these regulations shall be construed as prohibiting any public carrier from promulgating and enforcing additional rules and regulations relating to safety or operation, not inconsistent with the regulations herein adopted and the laws of this State.

3.12 Drivers

3.12.1 All drivers operating under Certificates of Public Convenience and Necessity in Delaware shall comply with the following regulations:

3.12.1.1 Must be at least eighteen (18) years of age.

3.12.1.2 Must be able to speak and understand directions, oral and written, in the English language.

3.12.1.3 Must be able to read and understand maps of the State of Delaware.

3.12.1.4 Must be in possession of a current and valid driver’s license issued by DelDOT/Division of Motor Vehicles or issued by the State of which the applicant makes residence with the proper endorsement authorizing the operation of a particular service type.

3.12.1.5 Furnish the full name and address, date of birth, driver’s license, and proof of citizenship of the United States of America or, if not a citizen of the United States, then a valid visa or work permit.

3.12.1.6 Operate the vehicle in accordance with principles of defensive driving.

3.12.1.7 Maintain a neat appearance at all times.

3.12.1.8 Operate all vehicle special equipment with due regard for the safety and convenience of the passenger.

3.12.1.9 Refrain from physically or verbally assaulting, intimidating, or otherwise abusing the Director, a member, an employee, agent or other individual acting on behalf of the OPC, a passenger, public official or other individual publicly or privately by any means as annotated in 11 Del.C. Ch.12, Section 1240.

3.12.1.10 Make or offer any false or misleading statement and/or information to the Director, a member, an employee, agent or other individual acting on behalf of the OPC, a passenger, public official or other individual publicly or privately by any means.

3.12.2 No driver shall collect fares or compensation for the transportation services other than the established rates or charges filed with OPC for the type of service being provided, provided, however, that this provision shall not apply to gratuities, nor shall the words "fares" or "compensation" be construed to include gratuities. Upon request the passenger will be given a receipt for the fare collected.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-4.0 Rates and Tariffs

4.1 Rates

4.1.1 ) Rates must be filed with OPC in accordance with Title 2 of the Delaware Code, Chapter 18, Section 1802(q) before they may be instituted. Rate graduations shall be calculated in 1/10 mile increments.

4.1.2 Any vehicle utilizing more than one rate must notify the customer during the trip when Rate 2 will be utilized.

4.2 Tariffs. Public carriers shall file one copy of all tariffs, supplements and amendments thereto, showing all rates or charges and rules and regulations at least thirty (30) days prior to their effective date unless special authority is otherwise granted by OPC. Each tariff shall show:

4.2.1 current intrastate rates including joint rates when such have been established between each point on a route and all other points on any other route.

4.2.2 the classification of passengers

4.2.3 privileges or facilities granted

4.2.4 all rules and regulations which may in any manner change, affect, or determine rates or services

4.2.5 tariffs shall be filed in a form similar to that required by the Interstate Commerce Commission /U.S.DOT.

4.3 Rate and Time Schedule Changes: Notice

4.3.1 Public carriers shall file an application to the OPC to amend the current rate schedule or temporary fuel surcharge fee at least thirty days prior to the effective date of the proposed rate change.

4.3.2 No public carrier shall make any change in any existing rate or time schedules without publication in a newspaper of general circulation for two separate days in two consecutive weeks in the geographic area affected by the changes. The notices shall plainly state the changes proposed to be made in the rates and schedules then in force and the time when the changes will go into effect. The notice shall be published thirty (30) days prior to the proposed effective date. All such changes shall be immediately indicated upon its schedules by such public carrier. Public carriers engaged in regularly scheduled operations shall also prominently post notice of proposed rate and schedule changes in all agency stations within the State. The proposed rate schedule changes will also be made available to the public by the OPC and DMV Internet Website. The public shall have the opportunity to inspect the details of the proposed changes upon request to the agent.

4.3.3 Rate changes shall be in accordance with Title 2 of the Delaware Code, Chapter 18, Section 1802(q). Temporary fuel surcharge fees may only be effective, after approval by OPC, for a period of ninety (90) days.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-5.0 Charges, Fees and Funds

5.1 Schedule of Fees. OPC hereby establishes the following schedule of fees applying to public carriers:

For filing an annual financial statement or report

$7.50

For late filing of an annual financial statement, required document and reports

$100.00

For filing each application for a Certificate of Public Convenience and Necessity for original authority

$400.00

For filing each application for an amendment to an existing Certificate (including an increase in authorized number of vehicles amended or transferred)

$200.00

For each filing of a change in rates or tariffs, including a general rate increase (no fee required for filing of time schedule changes)

$100.00

For each original inspection of equipment or vehicle

$20.00

For each semi annual inspection of any vehicle

$20.00

Semi Annual late inspection or late payment

$10.00/month payment is late

Fee for Replacement Medallion Set (Lost or Stolen)

$100.00

Fee for Replacement Medallion Set (Mechanical Failure or Breakdown)

$20.00

Renewal fee for authorized vehicles (per vehicle)

$25.00

Fee for reinstating an expired medallion

$25.00

Subsection 3.5 violation(s)

$100.00

5.2 The fee for the six-month vehicle registration is one-half of the current yearly rate schedule for commercial vehicles ($40.00 yearly for vehicles 5,000 pounds or less; plus $18.00 for each 1,000 pounds over 5,000), plus an additional $1.00 semi-annual registration fee, in accordance with 21 Del.C. Ch. 21, Section 2155).

5.3 2 Del.C. Section 1802(g) requires all public carriers to submit an annual assessment measured by a formula equal to the product of 0.004 (4 mills) multiplied by the public carrier’s gross operating revenues for the applicable calendar year for which the assessment is made.

5.4 The formula is:

Gross Revenue X 0.004 + $7.50 filing fee + Annual Assessment due to DelDOT

5.5 The annual Assessment is due on or before April 1st. Late payments are subject to a $100 penalty.

5.6 DelDOT may charge any other cost or fee authorized by 3 Del.C. Chapter 18 necessary for it to carry out its functions.

5.7 The inspection of buses as provided herein applies only to buses domiciled in Delaware.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-6.0 Applications

6.1 Each application shall follow substantially the applicable form, and shall conform to the following general requirements.

6.1.1 Each application shall state in concise and summary form the material facts on which the applicant relies; the rights, authorization, or approval desired; all existing rights, authorizations or approvals of the applicant affected by the application, and the statutory provision under which the application is filed, and shall be divided into numbered paragraphs. Reference shall be made by OPC, docket number to existing rights, authorizations or approvals of the applicant affected by the application. The names and addresses of applicant and counsel must be stated in full without abbreviation.

6.1.2 Each application shall be personally subscribed by each party if the party is a corporation or association. Each application shall be personally verified by a party thereto or by an authorized officer of such party if a corporation or association.

6.1.3 Copies of all pertinent contracts, agreements, certificates, permits, charters, by-laws, ordinances, resolutions or other writings referred to in the application shall be attached as exhibits thereto. Copies of writings or orders already of record with DelDOT need not be attached to the application if reference by docket number is made to the proceeding in which they are filed.

6.1.4 An original of each application, including exhibits attached thereto, shall be filed.

6.1.5 If 90 days have passed, after the submission of the nonrefundable application, and the carrier has not fulfilled the requirements for the application to be determined substantially complete, the application will become null and void.

6.2 Notice of each application shall be forwarded by OPC to all known competitors in the same classification of the carrier affected by the petition after the application has been reviewed and determined to be substantially complete by OPC. Notice of new, amended and transfer applications to issue or amend a Certificate of Public Convenience and Necessity will be published by OPC with a 10 day comment period.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-7.0 Investigations and Inquiries

OPC may investigate and inquire into the operation of a public carrier whether certified or not in accord with this Act. The OPC may compel a public carrier to produce documents, vehicles, owners and drivers as part of its investigation or inquiry. Any written received by a public carrier from the OPC shall require a response within 7 days of its receipt. A party's failure or refusal to comply with a request from the OPC may result in the imposition of fines and penalties including, but not limited to, a suspension or revocation of the public carrier's Certificate of Public Convenience and Necessity or a rejection of an application for a Certificate of Public Convenience and Necessity. The OPC may seek a subpoena from the Delaware Superior Court to compel the production of documents, vehicles or individuals when the public carrier fails or refuses to comply with a written request and the imposition of penalties.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-8.0 Application Interventions

8.1 An application to obtain or revise an existing Certificate of Public Convenience and Necessity shall be subject to a notice and intervention period. The OPC will provide written notice to all existing public carrier Certificate of Public Convenience and Necessity holders located within an applicant's intended territory of operation of the application. An existing Certificate of Public Convenience and Necessity holder has the ability to file an objection to the application. All objections must be filed as follows:

8.1.1 Objections must be submitted to the OPC within 30 days of the date of the OPC's notice;

8.1.2 Objections must be in writing and contain the name, address, email address, telephone number and contact person of the public carrier submitting the objection;

8.1.3 The objection shall clearly provide the reason(s) for the objection and include any documents or other evidence supporting the objection; and

8.1.4 Provide three (3) copies of the objection submission.

8.2 Failure to comply with any of subsection 8.1 may result in the non-acceptance of the objection.

8.3 The OPC shall provide the applicant with any objections it receives within 10 days of the objections receipt. The applicant shall provide written response, if it desires, or modify its application within 10 days of receiving the objection from the OPC.

8.4 The OPC may require the applicant or anyone submitting an objection to an application to provide additional information or documents, or to respond to questions posed by the OPC regarding the application or objection. Documents, additional information and responses to proposed question shall be provided to the OPC within 10 days of the receipt of the OPC's written request. Any failure or refusal to respond within the deadline set forth in this subsection may result in the OPC's rejection of the application or objection.

8.5 After considering all submissions, the OPC will determine if the application shall be approved. The OPC will provide all parties with its determination within 30 days of the date the last documents or information was accepted by the OPC. A written decision will be provided to all parties.

8.6 Any party to the decision may appeal the OPC's decision. The appeal must be filed in writing to the OPC within 14 days of the party's receipt of the OPC's written decision. An appeal will be heard in accord with Section 9.0.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-9.0 Hearings

9.1 The OPC may hold a hearing if:

9.1.1 An applicant or existing Certified public carrier appeals a decision rendered by the OPC in accord with Section 8.0.

9.1.2 A public carrier objects to the OPC's imposition of any fine or penalty in accord with this Act.

9.1.3 The party requesting the appeal has complied with all terms and conditions set forth in this Act.

9.2 Hearing Procedure

9.2.1 The OPC shall appoint a hearing officer who will conduct the hearing. The hearing officer will have the authority to administer oaths, set the hearing location, set the manner in which evidence and testimony will be provided at the hearing, examine witnesses and receive evidence.

9.2.2 The OPC will set the date, time and place of the hearing. A party to the hearing may propose alternate dates, times and locations for the hearing but the final determination shall rest with the hearing officer.

9.2.3 Hearings shall be held within 30 days of the OPC's receipt of a request for a hearing that complies with this Act, unless all parties to the hearing mutually agree to extend the time in which the hearing may be held.

9.2.4 Hearing adjournments are at the sole discretion of the hearing officer. A party may request a hearing adjournment. Any request for an adjournment must be in writing and contain the reason(s) the adjournment is being requested. The hearing officer may request supporting documentation from the party requesting the adjournment.

9.3 All parties to the hearing may submit a brief summarizing their position and relief sought. The briefs shall be in writing and be submitted to the hearing officer no less than 1 week before the hearing date. The parties to the hearing must provide each party their brief no less than 1 week before the hearing date.

9.4 Any party may retain a court reporter to create a record of the hearing. The cost of the reporter shall be borne by the party securing the reporter. At the completion of the hearing, transcripts of the hearing shall be provided to the hearing officer and all parties participating in the hearing, no less than 2 weeks after the close of the hearing by the hearing officer. If more than one party retains a court reporter and the parties cannot agree as to which transcript will be the official transcript of the hearing, the hearing officer shall determine which court reporter will be the official record keeper prior to the start of the hearing.

9.5 If a court reporter is not retained by any party the hearing officer's notes and submitted evidence and testimony shall be the basis for the hearing officer's determination.

9.6 Presentation of evidence at the hearing shall be accomplished as follows:

9.6.1 The hearing officer shall set the order in which testimony and evidence shall be presented.

9.6.2 Any party to the hearing may appear and be heard in person or by an attorney at law in good standing in the State of Delaware. A corporation or association may be represented by a bona fide officer thereof.

9.6.3 Persons claiming the hearing may have a direct effect on them or their business, and their interests are not adequately represented by the parties to the hearing, may request to intervene in the hearing. A request to intervene must be submitted in writing to the hearing officer no less than 10 days prior to the hearing date. The request must contain the name, address, email address and telephone number of the intervenor. The request to intervene must clearly state the reason(s) upon which the intervention is being requested. The intervention request will be provided to all parties to the hearing for comment. Any comments to a request to intervene shall be submitted in writing to the hearing officer no less than 3 days from the receipt of the notice to intervene as transmitted by the OPC. The hearing officer shall have sole discretion as to allow the intervention.

9.6.4 At the hearing, all parties to the hearing shall enter their appearance for the record before any evidence or testimony is received by the hearing officer.

9.6.5 Witnesses may be examined at the hearing in accord with the process set by the hearing officer. The hearing officer may also examine a witness.

9.6.6 Any party present at the hearing who becomes disruptive may, at the direction of the hearing officer, be barred and removed from the hearing until such time the hearing officer allows the party to return.

9.7 Conclusion of Hearings

9.7.1 The hearing officer will close the hearing upon the hearing officer's determination that sufficient evidence and testimony has been received upon which an informed decision can be rendered.

9.7.2 The hearing officer, at the close of the hearing, will invite the parties to submit a concluding brief which is to be submitted no more than 7 days after the conclusion of the hearing. The submission of a concluding brief is at the discretion of each party.

9.7.3 The hearing will be declared closed the day after concluding briefs are to be submitted.

9.7.4 The hearing officer will render a written decision within 30 days of the date the hearing was declared closed. The hearing officer's decision will be effective the date it is signed by the hearing officer.

9.8 Nothing in this section shall preclude a party from seeking relief from the Delaware Courts after a final decision is rendered by the OPC's hearing officer. The hearing officer's written decision is a condition precedent to requesting relief from the Delaware Courts.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-10.0 Audit

10.1 Audit Requirement. The books and records of all public carriers shall be subject to audit by OPC to verify compliance with 2 Del.C. Chapter 18 and Rules and Practices of the OPC pertaining to the Regulation of public carriers operating in the State of Delaware.

10.2 Audit Notification. At least thirty (30) days notice prior to conducting a routine audit, the public carrier shall be contacted in writing and advised of the approximate date that an audit is to be conducted, the records to be produced, the location of the audit and the time period the audit will cover. The notification will provide the Public Carrier the opportunity to make the required records available.

10.3 Record Keeping Requirements.

10.3.1 All public carriers must maintain operational records that support the total distance traveled by all registered qualified vehicles and the annual gross revenue collected as a result of both intrastate and interstate operations. Operational records include source documents suitable for verification of distance traveled and gross revenue collected. An acceptable source document for verifying total distance traveled is a “Log Sheet”. A standardized Log Sheet is required and must be maintained in the vehicle daily, during times of operation, and shall contain the following minimum information:

10.3.1.1 Date of trip (starting and ending)

10.3.1.2 Registrant’s name

10.3.1.3 Vehicle number

10.3.1.4 Trip origin and destination

10.3.1.5 Time leaving origin

10.3.1.6 Time arriving at destination

10.3.1.7 Number of passengers

10.3.1.8 Routes of travel

10.3.1.9 Beginning and ending odometer reading of the trip

10.3.1.10 Total trip distance traveled

10.3.1.11 Fees charged

10.3.2 From the information recorded on the Log Sheets, the public carrier must prepare and maintain at a minimum:

10.3.2.1 A quarterly mileage and gross revenue summary that recaps the activity of each qualified vehicle operated.

10.3.2.2 A quarterly mileage and gross revenue summary that recaps the activity on a per service type basis.

10.3.2.3 A summary of the quarterly recaps used in preparing the Annual Gross Revenue return that includes the mileage and gross revenue collected on a per service type basis.

10.3.2.4 Summaries are not acceptable at face value and must be supported by source documents such as Log Sheets in order to be of any use during the audit.

10.3.3 The information recorded on the Log Sheets must be accurate and readable. The mileage figures and gross revenue to be entered on the Trip Logs can be obtained from various sources such as odometer and taximeter readings as long as the method used is accurate and consistent.

10.3.4 In recording the mileage traveled and the gross revenue collected, the public carrier must record all movement (intrastate and interstate) of all qualified vehicles.

10.3.5 All public carriers will be required to sign a record keeping requirements certification annually attesting to compliance with records to be maintained for this department to verify compliance with Delaware Law and this Department’s promulgated regulations.

10.4 Penalties. Failure to maintain records upon which the public carrier’s true gross revenue liability may be determined or to make records available upon proper request shall result in the following:

10.4.1 An assessment of the gross revenue of the public carrier, determined on the basis of the best information available to the OPC;

10.4.2 A $250.00 penalty per qualified vehicle registered; and

10.4.3 Possible revocation or suspension of the operating credentials of any Public Carrier who fails, neglects, or refuses to file a tax report with full payment of tax when due.

10.5 Record Retention Period. The public carrier is required to preserve the records upon which the annual gross revenue returns are based for four years from the return due date or the filing date whichever is later. Failure to provide records demanded for audit purposes extends the four year record retention requirement until the records are provided. Records may be kept on microfilm, microfiche, or other computerized or condensed record storage system acceptable to the department.

10.6 Audit Appeal Rights. Within thirty (30) days of notification of audit results, the public carrier may file with the OPC a petition for redetermination of such assessments. Every petition for redetermination shall state specifically the reason(s) which the petitioner believes entitles the petitioner to such determination. It shall be the duty of the OPC within sixty (60) days after the receipt of the petition to dispose of such petition for redetermination. Notice of the decision shall be given in writing to the petitioner promptly by the OPC.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-11.0 Specifications for Charter Buses

11.1 Upon application by letter of any public carrier operating in this State, OPC may waive the requirements (other than those specified in the Delaware Code) of this Chapter. OPC recognizes that improved vehicle designs may demand a further evaluation on a case by case basis.

11.2 Safety Regulations

11.2.1 OPC hereby adopts as part of these Rules and Practices Part 393, Parts and Accessories Necessary for Safe Operations, Subchapter B, Chapter 1, Title 29, Transportation, of the United States Code. Part 393 is published in a booklet entitled Motor Carrier Safety Regulations published by the Bureau of Motor Carrier Safety, Federal Highway Administration, U.S. Department of Transportation. This booklet is available from the Government Printing Office, Washington, D.C.

11.2.2 All buses regulated by DelDOT whether used in interstate or intrastate operations, must conform to the regulations stipulated in Part 393 of USC Title 49, and as specified in Del. Code, Title 21, §4502.

11.2.3 An individual operating a Commercial Motor Vehicle, as defined in 21 Del.C. Ch. 26, §2603(10), must possess a Commercial Driver’s License, as defined in 21 Del.C. Ch. 26, §2603(8), and must comply with the Uniform Commercial Driver License Act (21 Del.C. Ch. 26) in its entirety.

11.3 Specifications for Charter Buses

11.3.1 Identification

11.3.1.1 No bus shall be operated unless it displays on each side of its exterior in clearly visible letters at least 1-5/8" 4.1cm in height the exact name of the owner.

11.3.1.2 The name of lessee, if any, shall be displayed in like manner, preceded by the words, "operated by".

11.3.1.3 Every bus shall be assigned an identifying number by the carrier. This number must be displayed on the interior front and the front and rear of the exterior. Interior numbers shall be at least 1-3/8"/3.5cm in height. All exterior numbers shall be at least 3-5/8"9.2cm in height and of a sharply contrasting color from the background.

11.3.1.4 Each bus shall have displayed on the right hand side thereof the number assigned by DelDOT in letters and figures 2"/5.1cm high in the following style:

DELDOT – 5000

Note: Effective September 10, 2011, DelDOT numbers will no longer be assigned by the Office of Public Carrier Regulation and will not be required to be displayed on public carrier vehicles.

11.3.1.5 All exterior lettering identifying buses as school buses shall be covered when using the bus in charter service.

11.3.1.6 Required lettering and numbering color must be sharply contrasting in color from the background color of the vehicle and permanently affixed to the vehicle.

11.3.2 Inspection and Certificate of Inspection

11.3.2.1 All buses for which Certificates have been issued by OPC shall be inspected at least twice annually. Nothing herein contained shall limit OPC to require more frequent inspection of such buses when, in its opinion, it is in the public interest. Buses not domiciled in Delaware or who are self-inspecting must be inspected at a motor vehicle inspection lane semi-annually.

11.3.2.2 No bus shall be operated unless it prominently displays on the right hand windshield, visible from the exterior, an unexpired Certificate of Inspection issued by OPC or its agent. Buses meeting the inspection requirements of states having reciprocity agreements with OPC shall be deemed to have met the requirements of OPC.

11.3.2.3 The passenger capacity of each vehicle is determined by the manufacturer’s rating, however, the vehicle may be permanently altered to reduce passenger capacity as long as the integrity and safety of the vehicle has not been compromised and has been approved by OPC.

11.3.3 Maintenance

11.3.3.1 The body, chassis, engine and all equipment shall be maintained in proper adjustment and safe operating condition:

11.3.3.1.1 All lights must be clean, in working order and properly aimed. This includes stoplights, turn signals, license plate lights, parking lights and headlights.

11.3.3.1.2 Brakes must stop the vehicle within required distance.

11.3.3.1.3 Glass in windows must have no holes, breaks or cracks.

11.3.3.1.4 Mirrors must be clean and unbroken.

11.3.3.1.5 Windshield wipers must be fully operative (the rubber blades must be in good condition).

11.3.3.1.6 Hood and trunk latches must hold hood and trunk fully closed.

11.3.3.1.7 Tires must have no bulges, no fabric showing, no bald areas and no cuts. Tread depth must be at least 2/32 inch measured in two adjacent treads.

11.3.3.1.8 Doorknobs or equivalent must be present and in working condition.

11.3.3.1.9 There must be no damaged or dislocated parts projecting from the vehicle that could present a safety hazard.

11.3.3.1.10 Horn must be in operating condition.

11.3.3.1.11 Muffler must effectively reduce sound of engine exhaust. No leaks in exhaust system.

11.3.3.1.12 There must be no fuel, antifreeze, or other fluid leaks.

11.3.3.1.13 There must be no excessive discharge of fluids or exhaust emissions to cause a vehicle to smoke.

11.3.3.1.14 No tinting or sun screening device can be applied to the front windshield or to the front side windows.

11.3.3.1.15 Windshield must have no cracks that interfere with vision. Any cracks over 5 inches on any window are mandatory failure items. Minimum height of visibility in windshield is 10 inches.

11.3.3.2 A current record shall be kept showing the vehicle identification, date of breakdowns, any defects reported and corrective measures taken. These records shall be retained by the carrier for at least three years.

11.3.3.3 Each carrier shall make a complete inspection of each motor vehicle at regular time or mileage intervals, i.e. weekly/every 1000 miles, for mechanical or structural defects and all necessary repairs shall be made before the motor vehicle is returned to service. An itemized record of each inspection showing the date, vehicle identification, lubrication record and adjustments, and signed by the person making such inspection, shall be retained at the office, garage or repair shop where such inspection is made for at least three years.

11.3.3.4 The maintenance facilities or an arrangement for the use of such facilities, of each carrier shall be adequate and shall include either a suitable pit, ramp or hoist.

11.3.3.5 The passenger section shall be kept clean and sanitary, and free of debris.

11.4 Simulating Color or Design. Public carriers are prohibited from marking, painting or designing their vehicles so as to simulate vehicles of special design or markings operated by other carriers within the same local area. Such simulation of design or any other act intended to invite patronage by deception will be considered as sufficient ground for the revocation of a Certificate. This regulation shall not apply to school buses.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-12.0 Specifications for Railroads

12.1 Specifications for Railroads. DelDOT hereby adopts as part of these Rules and Practices the following most recent parts of Title 49, Transportation Code of Federal Regulations; Parts 200 through 266.

12.2 Track Railway Engineering – Minimum Standards. DelDOT hereby adopts as part of these Rules and Practices, the most recent edition of the American Railway Engineering Association (AREA) Manual for Railway Engineering, Volume I and II, and the Portfolio Track Work Plan in their entirely.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-13.0 Specifications for Limousines

13.1 Upon application by letter of any public carrier operating in this State, OPC may waive the requirements (other than those specified in the Delaware Code) of this Chapter if it is shown to the satisfaction of OPC that such a waiver will not endanger the safety of the public.

13.2 Safety Regulations

13.2.1 Each operator and its officers, agents, employees and representatives shall comply with the following regulations, and each such operator shall require that said officers, agents, employees and representatives shall become conversant with these regulations.

13.3 Registration Requirements

13.3.1 Per Title 21 of the Delaware Code, Chapter 21, Section 2109(a): “Any vehicle described in § 2151 of this title may be registered for 24 months, 12 months or 6 months and the effective date of the registration shall be the date the vehicle is titled...The Division of Motor Vehicles may require vehicles to be registered for less than 24 months as may be necessary to ensure a balanced monthly distribution of vehicle inspections and registrations; all fees shall be prorated. The registration of a vehicle shall expire at midnight on the last day of the period for which it is registered, and the vehicle shall not thereafter be operated upon the highways of this State until it has been reregistered according to law.”

13.3.2 In accordance with the statutory authority granted by the Code chapter specified above, all limousines must be registered for a period of six months following the initial registration period. In addition the inspection sticker shall expire at the same time as the vehicle registration.

13.3.3 Per Title 21 of the Delaware Code, Chapter 21, Section 2171, no person shall drive or move, nor shall any person, being the owner of a limousine, knowingly permit to be driven or moved upon any highway, any limousine which is not registered as a limousine and for which a certificate of title has not been issued or applied for, or for which current limousine registration plates have not been issued and paid for.

13.3.4 Per Title 21, Chapter 21 of the Delaware Code, Section 2172, Limousines must display, on the rear of the vehicle, the specific license plate beginning with the letters “LX”, registered to that limousine.

13.4 Operational Regulations

13.4.1 Inspection and Certification of Inspection

13.4.1.1 All limousines for which Certificates have been issued by OPC must be inspected at a Delaware motor vehicle inspection lane semi-annually. Nothing herein shall limit OPC to require more frequent inspection of such vehicles when, in its opinion, the safety of the public so requires. Limousines not domiciled in Delaware or who are self-inspecting, must be inspected at a Delaware motor vehicle inspection lane annually.

13.4.1.2 No limousine shall be operated unless it prominently displays on the right hand side of the windshield, visible from the exterior, an unexpired Certificate of Inspection issued by OPC or its agent.

13.4.1.3 The passenger capacity of each vehicle is determined by the manufacturer’s rating, however, the vehicle may be permanently altered to reduce passenger capacity as long as the integrity and safety of the vehicle has not been compromised and has been approved by OPC.

13.5 Maintenance

13.5.1 The body, chassis, engine and all equipment shall be maintained in proper adjustment and safe operating condition.

13.5.2 All lights must be clean, in working order and properly aimed. This includes stoplights, turn signals, license plate lights, parking lights and headlights.

13.5.3 Brakes must stop the vehicle within required distance.

13.5.4 Glass in windows must have no holes, breaks or cracks.

13.5.5 Mirrors must be clean and unbroken.

13.5.6 Windshield wipers must be fully operative (the rubber blades must be in good condition).

13.5.7 Hood and trunk latches must hold hood and trunk fully closed.

13.5.8 Tires must have no bulges, no fabric showing, no bald areas and no cuts. Tread depth must be at least 2/32 inch measured in two adjacent treads or indicated by the tire’s wear bar indicators.

13.5.9 Doorknobs or equivalent must be present and in working condition.

13.5.10 There must be no damaged or dislocated parts projecting from the vehicle that could present a safety hazard.

13.5.11 Horn must be in operating condition.

13.5.12 Muffler must effectively reduce sound of engine exhaust. No leaks in exhaust system. Catalytic converter must be installed if originally equipped from manufacturer.

13.5.13 There must be no fuel, antifreeze, or other fluid leaks.

13.5.14 There must be no excessive discharge of fluids or exhaust emissions to cause a vehicle to smoke.

13.5.15 Bumper height on limousines must not exceed 22 inches from the ground to the bottom of the bumper.

13.5.16 No tinting or sun screening device can be applied to the front windshield or to the front side windows.

13.5.17 No air scoops shall be mounted on a vehicle hood that exceeds 3 inches.

13.5.18 Windshield must have no cracks that interfere with vision. Any cracks over 5 inches on any window are mandatory failure items. Minimum height of visibility in windshield is 10 inches.

13.5.19 A correct record shall be kept showing the vehicle identification, date of breakdowns, any defects reported and corrective measures taken. These records shall be retained by the carrier for at least three years.

13.5.20 Each operator shall make a complete inspection of each motor vehicle at least once each week for mechanical or structural defects and all necessary repairs shall be made before the motor vehicle is returned to service. An itemized record of each inspection showing the date, vehicle identification, lubrication record and adjustments, and signed by the person making such inspection, shall be retained by the carrier for at least three years.

13.5.21 The maintenance facilities or an arrangement for the use of such facilities, of each carrier shall be adequate and shall include either a suitable pit, ramp or hoist.

13.5.22 The passenger section shall be kept clean and sanitary and free of debris.

13.6 Fixed Termini

13.6.1 A limousine for hire can only engage in “Prearranged” transportation over regular or irregular routes between 2 termini, at least 1 of which must be fixed.

13.6.2 A limousine for Hire, picking up passengers at any location in the State of Delaware, must have been arranged or reserved by the passenger or a third party via telephone, facsimile, or computer at the request of the passenger before the Vehicle for Hire is dispatched and may not pick up anyone other than the passenger. A written trip ticket or written contract of having been summoned by the passenger to provide service for this specific date, time, and trip must be available in the vehicle for inspection by OPC. Lack of such written evidence shall constitute operation of an illegal Taxicab Service.

13.6.3 A limousine for hire may not enter a Taxicab Stand or be stationed within twenty five hundred (2500) feet of a hotel or business property without a written trip ticket or written contract of having been summoned by the passenger to provide service for this specific date, time, and trip in the vehicle. Performance of such activity without a written trip ticket or written contract shall constitute operation of an illegal Taxicab Service.

13.6.4 When waiting for a passenger at any location, the driver of the limousine shall place a card in the rear side window of the vehicle prominently displaying the surname of the passenger until the passenger boards the vehicle.

13.6.5 Drivers regulated by this Chapter shall not offer nor give payment to anyone for securing or the prospect of securing any fare or trip.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-14.0 Specifications for Medical Transport Vehicles

14.1 Upon application by letter of any public carrier operating in this State, DelDOT may waive the requirements (other than those specified in the Delaware Code) of this Chapter if it is shown to the satisfaction of DelDOT that such a waiver will not endanger the safety of the public.

14.2 “Medical Transport Vehicles” operate as limousines, but serve a specific purpose, as defined in Chapter 1. The Registration and Maintenance requirements identified in Chapter 11 also apply to this subcategory of limousines.

14.3 Safety Regulations. Each operator and its officers, agents, employees and representatives shall comply with the following regulations, and each such operator shall require that said officers, agents, employees and representatives shall become conversant with these regulations.

14.3.1 Inspection and Certification of Inspection

14.3.1.1 All medical transport vehicles for which Certificates have been issued by DelDOT shall be inspected semi-annually by OPC. Nothing herein shall limit OPC to require more frequent inspection of such vehicles when, in its opinion, the safety of the public so requires. Medical Transport vehicles not domiciled in Delaware or who are self-inspecting, must be inspected at a motor vehicle inspection lane annually.

14.3.1.2 No medical transport vehicle shall be operated unless it prominently displays on the right hand side of the windshield, visible from the exterior, an unexpired Certificate of Inspection issued by OPC.

14.3.1.3 The passenger capacity of each vehicle is determined by the manufacturer’s rating, however, the vehicle may be permanently altered to reduce passenger capacity as long as the integrity and safety of the vehicle has not been compromised and has been approved by OPC.

14.3.2 Vehicle

14.3.2.1 Medical Transport Vehicles must permanently display the Certificate Holder’s name and telephone number on the exterior of the vehicle with a minimum of 3”/7.65 cm. in height.

14.3.2.2 Each medical transport vehicle must have displayed on both sides thereof, the number assigned by DelDOT in letters and figures two inches 2"/5.1cm. in the following style:

DELDOT – 5000

Note: Effective September 10, 2011, DelDOT numbers will no longer be assigned by the Office of Public Carrier Regulation and will not be required to be displayed on public carrier vehicles.

14.3.2.3 All letters, numerals, and markings must be painted or permanently affixed and of colors contrasting with the background vehicle color.

14.3.2.4 For all medical transport vehicles used for paralift operations, the overhead clearance between the top of the door opening and the raised lift platform, or highest point of the ramp, shall be a minimum of 56 inches, or such other distance as may be required by ADA or other federal or state laws or regulations.

14.3.2.5 All medical transport vehicles with wheelchair lifts must have a design load capacity of at least 600 pounds.

14.3.2.6 No ramps may be used for the loading and unloading of passengers unless they meet ADA Accessibility Guidelines.

14.3.2.7 All tie-downs or other securement devices used for paralift operations must meet the ADA Accessibility Guidelines.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-15.0 Specifications for Taxicabs

15.1 Upon application by letter of any public carrier operating in this State, OPC may waive the requirements (other than those specified in the Delaware Code) of this Chapter if it is shown to the satisfaction of DelDOT that such a waiver will not endanger the safety of the public.

15.2 Safety Regulations. Each operator and its officers, agents, employees and representatives shall comply with the following regulations, and each operator shall require that said officers, agents, employees and representatives shall become conversant with these regulations.

15.3 Registration Requirements:

15.3.1 Per Title 21 of the Delaware Code, Chapter 21, Section 2109(a): “Any vehicle described in §2151 of this title may be registered for 24 months, 12 months or 6 months and the effective date of the registration shall be the date the vehicle is titled...The Division of Motor Vehicles may require vehicles to be registered for less than 24 months as may be necessary to ensure a balanced monthly distribution of vehicle inspections and registrations; all fees shall be prorated. The registration of a vehicle shall expire at midnight on the last day of the period for which it is registered, and the vehicle shall not thereafter be operated upon the highways of this State until it has been reregistered according to law.”

15.3.2 In accordance with the statutory authority granted by the Code chapter specified above, all taxicabs must be registered for a period of six months following the initial registration period. In addition the inspection sticker shall expire at the same time as the vehicle registration.

15.3.3 Per Title 21 of the Delaware Code, Chapter 21, Section 2171, no person shall drive or move, nor shall any person, being the owner of a taxicab, knowingly permit to be driven or moved upon any highway, any taxicab which is not registered as a taxicab and for which a certificate of title has not been issued or applied for, or for which current taxicab registration plates have not been issued and paid for.

15.3.4 Per Title 21, Chapter 21 of the Delaware Code, Section 2172, taxicabs must display, on the rear of the vehicle, the specific license plate beginning with the letters “TX”, registered to that taxicab.

15.4 License Requirements: Per Title 21, Chapter 27 of the Delaware Code, Sections 2761 and 2762, all persons who operate a taxicab on Delaware highways must have a valid license with a taxi endorsement. The driver must complete a Defensive Driving Course, be at least 18 years of age, provide a certified copy of a police background check indicating no serious criminal offenses, not have been revoked for the past five years, and pass the eye screen and written tests.

15.5 Taximeters

15.5.1 For any taxicab operated within this State equipped with a single taximeter, a calibrated unit sealed to the cradle, which internally and automatically calculates a predetermined fare based on cents per mile, the taximeter shall be installed in the front of the taxicab so that, at all times, it shall be plainly visible to and the fare readily ascertainable by all occupants of the taxicab. The face of the taximeter shall be illuminated at all times.

15.5.2 No taximeter affixed to a taxicab shall be operated from any drive other than the transmission of such taxicab. Any taximeter operated by any other means must be approved by OPC before installation.

15.5.3 The taximeter and taximeter driving equipment shall be so sealed that the taximeter case, taximeter cradle, taximeter driving equipment, additional gear boxes, if any, cannot be disconnected without breaking a current and valid seal.

15.5.4 The taximeter and appurtenant equipment must be tested and sealed to the cradle by a qualified testing agency, approved by the OPC annually. The testing agency will seal the taximeter unit to avoid tampering and issue a certificate of calibration to the OPC on forms provided by this department and due to this office by January 1 of each year. Any taximeter removed from a taxicab vehicle with or without its seals intact and placed in the same or another taxicab vehicle must be recertified and resealed by a qualified testing agency.

15.5.5 It shall be the responsibility of any public carrier operating a taxicab or taxicabs under a Certificate of Public Convenience and Necessity to cause the taximeters to be so regulated that the fare shall be calculated and registered in accordance with the current rates on file with and approved by OPC.

15.5.6 The taximeter shall be in operation during every trip, the entire time the taxicab is engaged by a passenger. The passenger shall be required to pay only the amount recorded on the meter at the point of destination. If a flat fee is agreed upon prior to the trip, the passenger shall be required to pay the lesser of the two fares.

15.5.7 Rate graduations shall be calculated in 1/10-mile increments.

15.6 Operational Regulations

15.6.1 Fare Receipt. The driver of any taxicab shall, if requested, deliver to the person paying for hire of said vehicle, at the time of payment, a correct receipt of such payment. The receipt shall be legible and shall show the name of the company or owner, the vehicle number, the name of the driver, all items for which a charge is made, the total amount paid and the date of payment.

15.6.2 Baggage and Expressage. No charge shall be made by any taxicab owner or driver for up to two (2) standard size suitcases and one (1) handbag by any fare-paying passenger. Nothing in this section shall be interpreted as permitting the hiring of such vehicle for expressage purposes only. A fee may be charged for additional baggage provided it has been included on the current rate schedule on file with the OPC.

15.6.3 Group Riding. The operator of a taxicab shall accept other parties for transportation in the same taxicab to destinations in the same general direction as that for which it is engaged by the first party only with the consent of that party.

15.6.4 Direct Route. All trips by taxicabs shall be made by the most direct route from point of pickup to point of destination.

15.6.5 Taxicab Stands. A taxicab operator may not park in a public taxicab stand unless the cab is available for hire and its operator is awake and within plain view of the vehicle. An operator must not occupy any taxicab in a public taxicab stand other than that of which the individual is the operator. Drivers regulated by Title 2, Chapter 18 shall not offer nor give payment to anyone for securing or the prospect of securing any fare or trip.

15.7 Identification of Taxicabs

15.7.1 Each vehicle must have a State of Delaware taxi medallion issued by OPC securely affixed to each side of the vehicle’s front corner panels, affixed above the height of the front tires on the taxicab. The medallions shall be numbered to identify each individual vehicle.

15.7.2 Each vehicle must be clearly marked "TAXI" by letters having a height of at least four inches 4"/10.2cm. and a width of at least one inch 1"/2.5cm. on front and rear. In addition, each side shall be so marked or identified by the Certificate Holder’s name, emblem or trademark, if any, and telephone number with a minimum height of 3”/7.65 cm.

15.7.3 The name of the lessee, if any, must be displayed in like manner, preceded by the words, "operated by". Any public carrier operating a taxi may elect to display the name of the lessee operating the taxi by using a temporary magnetic sign that is otherwise in compliance with this regulation. The taxi being operated must at all times have the correct temporary magnetic sign reflecting the actual individual operating the vehicle.

15.7.4 Every taxicab must be assigned an identifying number by the operator. The number shall be clearly marked by numerals at least four inches 4"/10.2cm. high on the rear and on each side.

15.7.5 An exterior illuminated top light permanently affixed must be installed on the forward third of the car roof. This top light may or may not be lettered, but should be controlled by the taximeter or a switch so that it will indicate "occupied" or "vacant".

15.7.6 All letters, numerals, and markings must be painted or permanently affixed and of colors contrasting with the background vehicle color.

15.7.7 Other markings and advertising are permitted to be affixed if they do not obscure the minimum standard markings.

15.7.8 Each taxicab must have permanently affixed on the rear doors, on both sides of the vehicle, in letters and figures at least one inch 1”/2.5cm in height the initial drop charge, rate per mile, wait time, requirements for a specific rate if more than 1 rate is utilized, and any additional charge for extra passengers.

15.8 Inspection and Certificate of Inspection

15.8.1 All taxicabs for which Certificates have been issued by OPC shall be inspected semi-annually. Nothing herein shall limit OPC to require more frequent inspection of such vehicles when, in its opinion, the safety of the public so requires.

15.8.2 No taxicab shall be operated unless it prominently displays on the right hand side of the windshield, visible from the exterior, an unexpired Certificate of Inspection issued by OPC or its agent.

15.8.3 The passenger capacity of each vehicle is determined by the manufacturer’s rating, however, the vehicle may be permanently altered to reduce passenger capacity as long as the integrity and safety of the vehicle has not been compromised and has been approved by OPC.

15.9 Maintenance

15.9.1 The body, chassis, engine and all equipment shall be maintained in proper adjustment and safe operating condition:

15.9.2 All lights must be clean, in working order and properly aimed. This includes stoplights, turn signals, license plate lights, parking lights and headlights.

15.9.3 Brakes must stop the vehicle within required distance.

15.9.4 Glass in windows must have no holes, breaks or cracks.

15.9.5 Mirrors must be clean and unbroken.

15.9.6 Windshield wipers must be fully operative (the rubber blades must be in good condition).

15.9.7 Hood and trunk latches must hold hood and trunk fully closed.

15.9.8 Tires must have no bulges, no fabric showing, no bald areas and no cuts. Tread depth must be at least 2/32 inch measured in two adjacent treads or indicated by the tire’s wear bar indicators.

15.9.9 Doorknobs or equivalent must be present and in working condition.

15.9.10 There must be no damaged or dislocated parts projecting from the vehicle that could present a safety hazard.

15.9.11 Horn must be in operating condition.

15.9.12 Muffler must effectively reduce sound of engine exhaust. No leaks in exhaust system. Catalytic converter must be installed if originally equipped from manufacturer.

15.9.13 There must be no fuel, antifreeze, or other fluid leaks.

15.9.14 There must be no excessive discharge of fluids or exhaust emissions to cause a vehicle to smoke.

15.9.15 Bumper height on taxicabs must not exceed 22 inches from the ground to the bottom of the bumper.

15.9.16 No tinting or sun screening device can be applied to the front windshield or to the front side windows.

15.9.17 No air scoops shall be mounted on a vehicle hood that exceeds 3 inches.

15.9.18 Windshield must have no cracks that interfere with vision. Any cracks over 5 inches on any window are mandatory failure items. Minimum height of visibility in windshield is 10 inches.

15.9.19 A correct record shall be kept showing the vehicle identification, date of breakdowns, any defects reported and corrective measures taken. These records shall be retained by the carrier for at least three years.

15.9.20 Each Certificate holder shall make a complete inspection of each motor vehicle at least once each week for mechanical or structural defects and all necessary repairs shall be made before the motor vehicle is returned to service. An itemized record of each inspection showing the date, vehicle identification, lubrication record and adjustments, and signed by the person making such inspection, shall be retained by the carrier for at least three years.

15.9.21 All records will be available to OPC for inspection at the discretion of OPC.

15.9.22 The maintenance facilities or an arrangement for the use of such facilities, of each Certificate holder shall be adequate and shall include either a suitable pit, ramp, lift or hoist.

15.9.23 The passenger section shall be kept clean and sanitary and free of debris.

15.10 Card Reader.

15.10.1 Any taxicab equipped with or advertises for the use of an electronic payment devise that would allow the use of a credit card or debit card, shall be placed out of service immediately, if such electronic payment devise becomes damaged or not functional, until such time that the taxicab has the electronic payment devise operational or discontinue or remove the advertisement for the use of a credit card or debit card.

15.11 Simulating Color or Design

15.11.1 Public carriers are prohibited from marking, painting or designing their vehicles so as to simulate vehicles of special design or markings operated by other carriers within the same local area. Such simulation of design or any other act intended to invite patronage by deception will be considered as sufficient ground for revocation of Certificates. This regulation shall not apply to school buses.

15.12 Replacement Medallions

15.12.1 A lost or stolen medallion may be replaced at the cost of $100.00 per medallion. A written request for replacement must be received by the OPC, on company letterhead, and signed by an authorized representative of the company. The written request must include the medallion number(s) for which the request was written. An affidavit must then be obtained from the OPC, signed and notarized before the issuance of the replacement medallion(s). All outstanding inspections, reports, fees, etc. due to the OPC must be resolved before any replacement medallions will be issued.

15.12.2 A medallion may be replaced at the cost of $20.00 per medallion due to an accident, mechanical failure, breakdown, or vehicle exchange. A written request for replacement must be received by the OPC, on the form approved by OPC, and signed by an authorized representative of the company. The facts of the matter will be verified before replacement is made. The written request must include the medallion number and OPC number for which the request was written. All outstanding inspections, reports, fees, etc. due to the OPC must be resolved before any replacement medallions will be issued.

15.12.3 A vehicle's medallion will expire if a public carrier does not renew the vehicle for 2 consecutive scheduled renewal periods. A vehicle cannot be used as a public carrier if its medallion has expired.

15.12.4 The OPC will provide written notice to the public carrier when a medallion is expired. The public carrier will be provided 60 days to renew the vehicle and pay any and all fees, or sell the medallion. After the 60 day period, a public carrier will need to pay $25 to reinstate a medallion in addition to any other fees that may apply.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2 Del. Admin. Code § 2287-16.0 Specifications for a Passenger Trailer

16.1 All passenger trailers that travel over the roadways of Delaware shall be pulled by a Certified public carrier and shall be inspected in accord with the rules and regulations set forth by the Delaware Division of Motor Vehicles. In addition to an inspection by the Delaware Division of Motor Vehicles the vehicles may be inspected by the OPC while operating on the roadways of Delaware or at the location of the trailer's owner. The OPC may direct the trailer's owner to have the trailer inspected by the Delaware Division of Motor Vehicles if the OPC deems that action to be required to protect the safety of the public.

16.2 Maintenance

16.2.1 The body, chassis and all equipment shall be maintained in proper adjustment and safe operating condition.

16.2.2 All lights must be clean, in working order and properly aimed. This includes stoplights, turn signals, license plate lights, parking lights and headlights.

16.2.3 Any braking system must stop be operational.

16.2.4 Any plastic or glass windows or screen netting have no holes, breaks or cracks.

16.2.5 Mirrors must be clean and unbroken.

16.2.6 Tires must have no bulges, no fabric showing, no bald areas and no cuts. Tread depth must be at least 2/32 inch measured in two adjacent treads or indicated by the tire's wear bar indicators.

16.2.7 Doorknobs or equivalent must be present and in working condition.

16.2.8 There must be no damaged or dislocated parts projecting from the trailer.

16.2.9 There must be no fluid leaks.

16.2.10 Bumper height on taxicabs must not exceed 22 inches from the ground to the bottom of the bumper.

16.2.11 The interior of the trailer shall be clean and well maintained. There shall be no tears larger than 3" on any seat or cushion.

16.2.12 There shall be no broken floor boards or seats.

16.2.13 The trailer hitch shall be properly sized for the trailer and powered vehicle and in good working order.

16.2.14 The trailer shall be properly hitched when in use with all required safety chains, electric hook-ups and other safety devices.

16.2.15 A correct record shall be kept showing the vehicle identification, date of breakdowns, any defects reported and corrective measures taken. These records shall be retained by the carrier for at least three years.

16.2.16 Each Certificate holder shall make a complete inspection of each trailer at least once each week for mechanical or structural defects and all necessary repairs shall be made before the trailer is returned to service. An itemized record of each inspection showing the date, vehicle identification, lubrication record and adjustments, and signed by the person making such inspection, shall be retained by the carrier for at least three years.

16.2.17 All records will be available to the OPC for inspection at the discretion of the OPC.

16.2.18 The maintenance facilities or an arrangement for the use of such facilities, of each Certificate holder shall be adequate and shall include either a suitable pit, ramp, lift or hoist.

History

22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)
22 DE Reg. 1030 (06/01/19)
13 DE Reg. 956 (01/01/10)
15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (06/01/19)

2288 Special Group or Organization Registration Plates for Persons with Disabilities

2 Del. Admin. Code § 2288-1.0 Design and Issue

The Division of Motor Vehicles may design and issue special registration plates for groups or organizations as defined in Delaware Code Title 21, Chapter 21, Subchapter 2, to include the international person with disability wheelchair symbol.

History

18 DE Reg. 1001 (06/01/15)

2 Del. Admin. Code § 2288-2.0 Special Plate Qualification

To qualify for a special registration plate under this Regulation, the applicant or a household member shall have 1 or more of the disabilities that are permanent with no prognosis for improvement as defined in 21 Del.C. §2134.

History

18 DE Reg. 1001 (06/01/15)

2 Del. Admin. Code § 2288-3.0 Specialty Plate Issuance

The person for whom a specialty plate is issued under this Regulation must be the driver of or a passenger in the vehicle bearing the special plate issued under this Regulation, whenever the vehicle parks in a parking space or zone restricted for use only by vehicles with a special license plate or placard for persons with disabilities which limit or impair the ability to walk.

History

18 DE Reg. 1001 (06/01/15)

2 Del. Admin. Code § 2288-4.0 Parking Access

A vehicle with a special plate issued under this Regulation may park in parking spaces or zones restricted for use by persons with disabilities which limit or impair the ability to walk.

History

18 DE Reg. 1001 (06/01/15)

2 Del. Admin. Code § 2288-5.0 Display Restrictions

Only passenger cars, station wagons, pickup trucks, motorcycles, panel van trucks and other motor vehicles that are reasonably used by persons with disabilities which limit or impair the ability to walk and that have a gross registered weight which does not exceed 10,000 lbs. may display a special plate issued under this Regulation.

History

18 DE Reg. 1001 (06/01/15)

2289 Transportation Network Companies

2 Del. Admin. Code § 2289-1.0 Authority

The authority to promulgate this regulation is 21 Del.C. §302.

History

20 DE Reg. 66 (07/01/16)

2 Del. Admin. Code § 2289-2.0 Purpose

This administrative rule sets forth regulations and procedures to clearly identify the roles and responsibilities of each party as they relate to Transportation Network Companies (TNC) and the safe movement of persons using a TNC service for transportation via a TNC digital network in the State of Delaware.

History

20 DE Reg. 66 (07/01/16)

2 Del. Admin. Code § 2289-3.0 Definitions

For purposes of this regulation:

"Department" means the Delaware Department of Transportation.

"Digital Network" means any online-enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.

"Director" means the Director or Chief Executive Officer of the Delaware Transit Corporation of the Department of Transportation.

"Division" means the Delaware Transit Corporation.

"Highway" means any road, lane, or street maintained by the State, or any municipality or county thereof, for use by the traveling public.

"Permit" means a formal authorization granted to a transportation network company, issued by the Delaware Department of Transportation, to operate a transportation network company's digital network or software application. The permit does not limit the number of transportation network company drivers and vehicles vetted by the transportation network company to operate on the digital network or software application.

"Permit Holder" means a transportation network company approved by the Delaware Department of Transportation to operate in State of Delaware.

"Personal Vehicle" means a motor vehicle that has been approved to be used by a transportation network company driver to perform rides arranged through a transportation network company digital network.

"Prearranged Ride" means the period of time that begins when a transportation network company driver accepts a requested ride through a digital network, continues while the transportation network company driver transports the rider in a personal vehicle, and ends when the rider departs from the personal vehicle.

"Rider" means an individual or persons who use a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the transportation network company driver's personal vehicle between points chosen by the rider.

"Transportation Network Company (TNC) Driver" means an individual who uses a personal vehicle for hire, displaying the emblem or logo of the TNC they are operating for, to provide transportation services for passengers that are matched to that individual through a TNC's digital network, regardless of whether the individual is an employee or independent contractor for the TNC.

"Transportation Network Company (TNC) Services" means transportation of a rider between points chosen by the passenger and prearranged through the use of a TNC digital network or software application. TNC Services shall begin when a TNC driver accepts a request for transportation received through the approved TNC's digital network, continue while the TNC driver transports riders in the TNC driver's vehicle, and end when the rider exits the TNC driver's vehicle.

"Transportation Network Company (TNC) Vehicle" shall mean a personal vehicle that is used by a TNC Driver to provide transportation services requested through TNC's digital network or software application.

History

20 DE Reg. 66 (07/01/16)

2 Del. Admin. Code § 2289-4.0 TNC responsibilities

4.1 To operate within the State of Delaware, a TNC must:

4.1.1 File with the Delaware Secretary of State Articles of Incorporation or Foreign Articles of Incorporation.

4.1.2 Meet all applicable business licensure requirements under the Delaware Code and Delaware Department of Revenue's regulations.

4.1.3 Obtain a permit authorizing the operation of TNC services in the State of Delaware.

4.1.4 Verify that every TNC driver authorized to operate on the TNC's digital network has the insurance coverage in accordance with Section 6.0 of this regulation.

4.1.5 Verify that each TNC driver is at least 18 years of age and has a valid driver license.

4.1.6 Advise each TNC driver that they are responsible for complying with applicable law, including Delaware's hands free cell phone law.

4.1.7 Advise each TNC driver that any person conducting business in the State of Delaware is required to obtain a Delaware business license from the Delaware Division of Revenue. In addition, each TNC driver may also be required to obtain a business license within each municipality the TNC driver provides TNC services in.

4.1.8 Undertake the necessary steps as described in Section 5.0 to ensure the safety of its riders.

4.1.9 Maintain the following information about each TNC driver:

4.1.9.1 The TNC driver's driver license number and state of licensure;

4.1.9.2 Documentation showing the TNC driver is authorized to operate in accordance with this regulation;

4.1.9.3 The vehicle registration number, license plate number, and state of vehicle registration for each personal vehicle that the TNC driver uses for TNC Services; and

4.1.9.4 Documentation showing that the vehicle has been inspected in accordance with this regulation.

4.1.10 Provide a customer support telephone number, email address, or hyperlink on its digital application or website for rider inquiries.

4.1.11 Prior to a rider entering a TNC driver's personal vehicle, make available to the rider the method by which the TNC calculates fares, the applicable rate being charged, and the option to receive an estimated fare.

4.1.12 Within 24 hours following the completion of a trip, cause to be transmitted an electronic receipt to the passenger that lists:

4.1.12.1 The origin and destination of the trip;

4.1.12.2 The total time and distance of the trip; and

4.1.12.3 An itemization of the total fare paid, if any.

4.1.13 Comply with all applicable laws relating to accommodation of service animals.

4.1.14 Require all TNC drivers to display, at all times, while logged into the TNC's digital network, a sign, emblem, or logo that can sufficiently identify the vehicle as being associated with the TNC or its associated digital network.

4.1.15 Submit to the Division at the time of application and each year thereafter,

4.1.15.1 An attestation that the requirements set forth in this regulation have been met, and

4.1.15.2 Within 30 days of submitting its initial and annual attestation, the TNC shall also submit a permit fee of $5000.00.

History

20 DE Reg. 66 (07/01/16)

2 Del. Admin. Code § 2289-5.0 Rider and TNC Vehicle Safety

5.1 A TNC must obtain and review a driving history research report for each prospective TNC driver.

5.1.1 A TNC must check, at least annually, the driving record of every TNC driver in order to verify that the TNC driver has not accrued any disqualifying moving violations as described in this regulation.

5.2 Prior to approving a TNC driver to provide TNC services, a TNC must conduct, or have a third party conduct, a local, state and national criminal background check for each prospective TNC driver that includes:

5.2.1 Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar commercial nationwide database with validation (primary source search); and

5.2.2 U.S. Department of Justice National Sex Offender Public Website.

5.3 A TNC must disqualify any prospective TNC driver whose background check or driving history reveals that:

5.3.1 The individual is a match in the U.S. Department of Justice National Sex Offender Public Website;

5.3.2 Within the last three years, the prospective TNC driver has been convicted of or has pled guilty to any of the following offenses, either under Delaware law or a substantially similar law of another state or of the United States:

5.3.2.1 More than three moving violations:

5.3.2.2 Driving while license is suspended or revoked under 21 Del.C. §2756;

5.3.2.3 Attempting to flee or elude a police officer under 21 Del.C. §4103;

5.3.2.4 Speeding 20 miles per hour or more over the posted speed limit;

5.3.3 The prospective TNC driver has had his or her license suspended, revoked, or disqualified in this State or any other jurisdiction for moving violations during the preceding 3 years;

5.3.4 The prospective TNC driver has ever been convicted of or has pled guilty to any of the following offenses, either under Delaware law or a substantially similar law of another state or of the United States:

5.3.4.1 An offense classified as a Class A or violent Class B felony;

5.3.4.2 Any crime against a child;

5.3.4.3 Any crime constituting a felony sexual offense;

5.3.4.4 Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter and vehicular homicide;

5.3.5 Within the last seven years, the prospective TNC driver has been convicted of or has pled guilty to any of the following offenses, either under Delaware law or a substantially similar law of another state or of the United States:

5.3.5.1 Driving under the influence under 21 Del.C. §§4177, 4177J, 4177L, or 4177M;

5.3.5.2 Any crime constituting a felony offense, including any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office;

5.3.5.3 A hit and run offense under 21 Del.C., Ch. 42;

5.3.5.4 Driving over 100 mph; or

5.3.5.5 Reckless driving under 21 Del.C. §4175.

5.4 The indefinite review period described in subsection 5.3.4 shall only apply to prospective TNC drivers who reside in a state where a consumer reporting agency may disclose criminal offense convictions rendered at any time. For all other prospective TNC drivers, the review period for the offenses described in subsection 5.3.4 shall be equivalent to the maximum time period for which convictions may be reviewed under applicable state law.

5.5 A TNC must on an annual basis verify that:

5.5.1 Each TNC driver's personal vehicle, authorized for providing TNC services, is registered in Delaware, and it required to pass a safety inspection for said registration; has a valid safety inspection certificate or sticker issued by the Delaware Division of Motor Vehicles; and

5.5.2 Each TNC driver's personal vehicle with over 10,000 miles, authorized for providing TNC services, and that is registered in another state; has passed a motor vehicle safety inspection authorized or approved by a state governmental agency for personal vehicles; provided that, the initial safety inspection for a personal vehicle used by a new TNC driver may be conducted within 90 days of beginning TNC services.

5.5.2.1 A copy of a TNC driver's personal vehicle safety inspection shall be kept in the vehicle at all times.

5.5.2.2 At a minimum the TNC driver is responsible for maintaining his or her personal vehicle in accordance with safety inspection requirements set forth in 21 Del.C. §2143.

5.6 A TNC must implement a zero tolerance policy regarding a TNC driver's activities while accessing the TNC's digital network and/or providing TNC services.

5.6.1 The zero tolerance policy shall address the use of drugs or alcohol while a TNC driver is providing TNC services or is logged into the TNC's digital network but is not providing TNC Services, and the TNC shall provide notice of this policy on its website, as well as procedures to report a complaint about a TNC driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip.

5.6.2 Upon receipt of such rider complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend such TNC driver's access to the TNC's digital platform, and shall conduct an investigation into the reported incident. The suspension shall last, at a minimum, the duration of the investigation.

5.7 No personal vehicle shall be driven recklessly, or so as to endanger life, limb, or property. Extreme caution in the operation of motor vehicles shall be exercised under hazardous conditions, such as snow, ice, sleet, fog, mist, rain, dust, smoke, or any other condition, which adversely affects visibility or traction.

5.8 No personal vehicle shall be driven by a TNC driver while his/her ability or alertness is so impaired through fatigue, illness, or any other cause, as to make it unsafe for him/her to drive or to continue to drive a motor vehicle; nor shall he/she be required or knowingly be permitted to drive while in such condition, except in case of grave emergency where the hazard to passengers would be increased by observance of the foregoing regulation.

5.9 No TNC driver may provide TNC services while under the influence of intoxicating liquor or narcotic or habit producing drugs, use drugs or drink while on duty any alcoholic liquor or beverage, nor shall he/she knowingly be permitted to do so.

5.10 No TNC or TNC driver shall knowingly permit the transportation of high explosives, acids, inflammable liquids, loaded guns or any other article which will endanger life or limb, in any personal vehicle used during the provision of TNC services. This provision shall not apply to firearms carried by police officers or by members of the armed forces while on duty or while en route to or from duty.

5.11 No TNC or TNC driver shall permit the transportation of express or parcel freight to such an extent as will interfere with the safety or reasonable comfort of riders.

History

20 DE Reg. 66 (07/01/16)

2 Del. Admin. Code § 2289-6.0 Insurance Requirements

6.1 All TNCs, TNC drivers, and personal vehicles must be covered with insurance as specified in the regulation. It shall be unlawful and a violation of this regulation to lease or operate a personal vehicle that is not insured to the extent required herein.

6.2 The insurance coverage required by this regulation may be placed with an insurer licensed under Delaware law or with a surplus lines insurer eligible under Delaware law.

6.3 The insurance coverage required by this regulation may be satisfied by any combination of policies maintained by either a TNC or TNC driver.

6.4 The insurance requirements must be disclosed on each TNC's digital network and website.

6.5 Each TNC must file its insurance policies under seal with the Department as part of applying for a permit. The permit for the TNC will automatically expire upon expiration of the insurance policy, unless and until the TNC provides an updated insurance policy and applies to renew the permit.

6.6 A TNC's insurance shall provide coverage in the event a TNC driver maintains an insurance policy as described in this regulation and the TNC driver's policy has declined coverage, ceased to exist or has been cancelled.

6.7 TNC insurance requirements are defined by three service periods:

Period 1: Digital network or Software Application open - waiting for a match.

Period 2: Match accepted - but passenger not yet picked up (i.e. driver is on his/her way to pick up the passenger).

Period 3: Passenger in the vehicle and until the passenger exits the vehicle.

6.7.1 Period 1 - TNCs shall provide primary insurance in the amount of at least fifty thousand dollars ($50,000) for death and personal bodily injury per person, one hundred thousand dollars ($100,000) for death and personal injury per incident, and twenty-five thousand dollars ($25,000) for property damage. TNCs may satisfy this requirement through: (a) TNC insurance maintained by the driver; (b) TNC insurance maintained by the TNC that provides coverage if a driver does not maintain the required TNC insurance, or if the driver's TNC insurance ceases to exist or is cancelled; or (c) a combination of (a) and (b).

6.7.2 Periods 2 and 3 - TNCs must provide primary commercial liability insurance in the amount of one million dollars ($1,000,000) per accident. TNCs may satisfy this requirement through: (a) TNC insurance maintained by the driver, if the TNC verifies that the driver's TNC insurance covers the driver's use of a vehicle for TNC services; (b) TNC insurance maintained by the TNC; or (c) a combination of (a) and (b).

6.7.3 Period 2 and 3 - TNCs shall also provide uninsured motorist coverage and underinsured motorist coverage in the minimum amount required under 18 Del.C. §3902. TNCs may satisfy this requirement through: (a) TNC insurance maintained by the driver, if the TNC verifies that the driver's TNC insurance covers the driver's use of a vehicle for TNC services; (b) TNC insurance maintained by the TNC; or (c) a combination of (a) and (b). The policy may also provide this coverage during any other time period, if requested by a participating driver relative to insurance maintained by the driver.

6.8 If involved in an accident while providing TNC Services:

6.8.1 The TNC and/or a TNC driver must provide proof of insurance information to the other party involved in the accident.

6.8.2 Notify the TNC and the Division of the accident within 30 days.

History

20 DE Reg. 66 (07/01/16)

2 Del. Admin. Code § 2289-7.0 Additional Requirements

7.1 A TNC driver shall not solicit riders or service through a street hail or pick up, nor shall a TNC driver discharge a rider at a designated taxicab stand, no stopping or standing zone, or other area where a personal vehicle may not enter.

7.2 No TNC driver shall operate a personal vehicle within the State of Delaware, without first complying with all applicable business licensing requirements as determined by the Delaware Division of Revenue,

7.3 No TNC driver shall operate a vehicle that has not been approved for TNC services or is unaffiliated with a TNC while on the TNC's digital network.

7.4 Payment for TNC services shall only be made electronically via the TNC digital network. Cash payment shall not be accepted by the TNC driver.

7.5 Smoking is not permitted in a personal vehicle while providing TNC services.

7.6 The rider area of a TNC vehicle shall be clean, sanitary, and free of debris at all times.

History

20 DE Reg. 66 (07/01/16)

2 Del. Admin. Code § 2289-8.0 Audit and Compliance

8.1 To maintain sufficient recordation of TNC operations in Delaware, the Division shall:

8.1.1 Maintain a file which includes, at a minimum:

8.1.1.1 A copy of the TNC's business license filed with the Delaware Division of Revenue if the TNC is required to obtain a business license.

8.1.1.2 A copy of the TNC's Certificate of Insurance for the policy required to be maintained under this regulation which identifies the Office of Public Carrier Regulation as a Certificate Holder.

8.1.1.3 A copy of the attestation provided by the TNC in accordance with Section 4.0.

8.2 To ensure a TNC's compliance with this regulation, the Division or its employees or duly authorized agents:

8.2.1 In response to a specific complaint or accident, may inspect those records held by the TNC whose review is specifically necessary for the investigation and resolution of the complaint or accident.

8.2.2 No more than quarterly, request that the TNC transmit to the Division records and information that the TNC is required to maintain in accordance with this regulation for up to fifty (50) TNC drivers; provided that, the TNC shall undertake best efforts not to share records and information about the same TNC driver during consecutive reporting periods.

8.2.2.1 Within ten (10) business days of receiving a request, the TNC shall transmit the records to the Division via a secure delivery method, which may include use of encryption security. If, after this initial review, the Division has a reasonable basis to conclude that the TNC is not in compliance with this regulation, the Division may, upon reasonable notice, conduct a supplemental audit of records and information for an additional selection of TNC drivers at a mutually agreed location.

8.3 Any records or information that the TNC discloses to the Division pursuant to this regulation are deemed to be confidential and proprietary, regardless of whether the records or information are marked as such, and shall not be disclosed by the Division to a third party or another governmental entity without the TNC's express written permission, unless required to be disclosed by applicable law or court order.

8.3.1 In the event that a third party submits a request to the Division for a TNC's confidential information under the Delaware Freedom of Information Act, 29 Del.C. §10001, et seq. or any other law or a lawsuit is filed seeking the disclosure of the TNC's confidential information, the Division shall: (i) assert applicable exemptions to the request as set forth in the Delaware Freedom of Information Act, 29 Del.C. §10001, et seq., or other applicable law; and (ii) promptly notify the TNC that it has received a request and inform the TNC of whether it will release the requested record(s) so that the TNC has an opportunity to prevent disclosure.

8.4 The Division shall destroy any records it receives from the TNC pursuant to subsection 9.2.2 within one hundred and eighty (180) days of receiving such records unless required by law to retain the records for a longer period or the record relates to a TNC driver who the Division has a reasonable basis to believe is not properly authorized to operate in Delaware.

8.5 The Division shall review the status of the TNC to ensure the TNC remains in good standing with the Delaware Division of Corporations.

8.6 A TNC shall keep and make available to the Division, when required, records in accordance with this regulation for a period of at least four years.

8.7 Per 21 Del.C. §2144, at any time and notwithstanding the possession of current registration plates, as provided by this title, the Secretary, or any authorized agent of the Department or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the Department. The notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and/or that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within 5 days thereafter.

8.8 Within sixty (60) days of notification of audit results, the TNC may file with the Division a petition for redetermination of such assessments. Petitions for redetermination shall not be considered after sixty (60) days. Every petition for redetermination shall state specifically the reason(s) which the petitioner believes entitles the petitioner to such determination. It shall be the duty of the Director, within ninety (90) days after the receipt of the petition, to provide in writing to the petitioner, a determination affirming the original audit results or any changes that resulted from the petitioner's request for redetermination.

History

20 DE Reg. 66 (07/01/16)

2 Del. Admin. Code § 2289-9.0 Fines and Permit Revocation

The Division may impose a fine or revoke a permit consistent with Delaware law, after providing to the TNC thirty (30) days' notice and the opportunity for a hearing, if a TNC fails to comply with the requirements of this regulation. Revocation of a permit would terminate a TNC's ability to operate its digital network within the State of Delaware.

History

20 DE Reg. 66 (07/01/16)

2 Del. Admin. Code § 2289-10.0 Severability

History

20 DE Reg. 66 (07/01/16)

2300 Division of Planning and Policy

2306 Crash Data Release

2 Del. Admin. Code § 2306 Crash Data Release

Repealed, effective March 11, 2019.

History

15 DE Reg. 1192 (02/01/12)
22 DE Reg. 786 (03/01/19)

2307 Delaware Safe Routes to School

2 Del. Admin. Code § 2307-1.0 Introduction

Delaware’s Safe Routes to School (SRTS) Program was established September 10, 2002 when Governor Ruth Ann Minner signed Senate Bill 353 of the 141st General Assembly of Delaware (73 Del. Laws, c. 435). As directed, the Department of Transportation (DelDOT) began developing a program that would enable DelDOT to work with schools to encourage children to walk and bicycle to school safely. Three years later similar federal legislation was passed (Pub. L. No. 109-59). Delaware’s legislation authorizes DelDOT to make SRTS grants available for bicycle and pedestrian safety and traffic calming measures in the vicinity of schools (17 Del.C. §1022). The federal SRTS program was established August 10, 2005 under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This law describes the purpose of the program as follows: (1) to enable and encourage children, including those with disabilities, to walk and bicycle to school; (2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and, (3) to facilitate the planning, development and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools (Pub. L. No. 109-59, §1404 (b)). The federal program employs a multi-faceted approach that addresses infrastructure needs as well as implements non-infrastructure activities to achieve the program goals.

These Program Regulations establish the Delaware Department of Transportation SRTS program and outline how DelDOT will administer the program. This document provides information regarding eligible recipients of funding, the availability of funds, and the project selection process.

History

14 DE Reg. 56 (07/01/10)
14 DE Reg. 56 (07/01/10)
9 DE Reg. 1776 (5/1/06)

2 Del. Admin. Code § 2307-2.0 Eligibility

2.1 Eligible Participants

Any private school, public school or public charter school recognized by the Department of Education may participate in the SRTS program, provided that the request is accompanied by a letter of support by the school principal or a district-level administrator; however, participation is restricted to projects and activities that benefit elementary and middle school children in grades kindergarten through eighth grade. The program seeks to encourage students who live within one mile of their school to walk and those who live within two miles to bicycle both to and from school. When applicable, students with ambulatory impairments are encouraged to travel to and from school using an assistive technology device, such as a wheelchair or scooter. Private schools are eligible to participate in all non-infrastructure components and to receive funding for infrastructure improvements that are located within public right-of-way.

2.2 Eligible Funding Recipients

Funding is available to the organization or agency that is administering the SRTS program; this may be the participating school or an organization acting on behalf of the participating school. Eligible funding recipients include state, regional, or local agencies, including nonprofit organizations, and schools or school districts. An organization may receive funding to implement part or all aspects of a SRTS program at a school or multiple schools, as long as the organization is able to demonstrate that the funding request is based on a comprehensive SRTS plan that addresses a set of core components.

History

14 DE Reg. 56 (07/01/10)
14 DE Reg. 56 (07/01/10)
9 DE Reg. 1776 (5/1/06)

2 Del. Admin. Code § 2307-3.0 Program Components

3.1 SRTS Plan

A comprehensive program is established by developing a SRTS plan. The SRTS plan must identify safety hazards, current and potential walking and bicycling routes to school, and activities that will incorporate each of the 5 E’s (Engineering, Education, Enforcement, Encouragement, and Evaluation) to create a comprehensive program. A plan must be created with a group representing different aspects of the school community. This group or committee must include students, parents, teachers, school officials, local transportation agencies, and law enforcement agencies. Partnering with a local health agency or recognized health organization, local civic associations, neighboring residents, and local governments are also encouraged. The committee works through a process to identify areas of concern or need, and then prioritizes activities and projects. SRTS program participants are encouraged to utilize the “Delaware Safe Routes to School Program Sourcebook” when developing a SRTS plan. The “Delaware Safe Routes to School Program Sourcebook” provides guidance on how to develop a SRTS plan and references other resources. It is available on the DelDOT website (URL address to be determined).

3.2 The “5 E’s”

The program is divided into five elements, that include both infrastructure and non-infrastructure components. The “5 E’s” are Engineering, Education, Enforcement, Encouragement, and Evaluation. A general description of the components that make up the “5 E’s” is provided below.

3.2.1 Engineering – Creating operational and physical improvements to the infrastructure surrounding schools that reduce speeds and potential conflicts with motor vehicle traffic, and establish safer and fully accessible crossings, walkways, trails, and bikeways.

3.2.2 Education – Teaching children about the broad range of transportation choices, instructing them in important lifelong bicycling and walking safety skills, educating students and their parents on Delaware’s pedestrian and bicycle laws, and launching driver safety campaigns within one- mile of schools.

3.2.3 Enforcement – Partnering with local law enforcement to ensure traffic laws are obeyed within two-miles of schools (this includes enforcement of speeds, yielding to pedestrians in crossings, and proper walking and bicycling behaviors), and initiating community enforcement such as crossing guard programs.

3.2.4 Encouragement – Using events and activities to promote walking and bicycling.

3.2.5 Evaluation – Monitoring and documenting outcomes and trends through the collection of data, including the collection of data before and after the intervention(s).

History

14 DE Reg. 56 (07/01/10)
14 DE Reg. 56 (07/01/10)
9 DE Reg. 1776 (5/1/06)

2 Del. Admin. Code § 2307-4.0 Project Funding

4.1 DelDOT is expected to receive $1 million dollars in federal monies each year for five federal fiscal years (FY 2005 – FY 2009) to administer the SRTS Program. While the majority of these funds will be expended towards infrastructure (capital) projects, ten to thirty percent must be dedicated to non-infrastructure projects. No matching funds from the participant are required.

4.2 DelDOT will set aside some of the SRTS funds for Department use towards staff training on SRTS, training materials, public awareness campaigns and outreach about the Delaware SRTS Program, creation and reproduction of promotional and educational materials, technical assistance, and other uses as deemed necessary for successful administration of the SRTS program.

History

14 DE Reg. 56 (07/01/10)
14 DE Reg. 56 (07/01/10)
9 DE Reg. 1776 (5/1/06)

2 Del. Admin. Code § 2307-5.0 Funding Limitations

5.1 There is no limit on the number of projects for which a sponsor can submit proposals. However, no project or activity will be eligible for funding unless it has been identified through a SRTS planning process and identified in a SRTS plan.

5.2 Individual SRTS projects may be funded up to $125,000. If a project has been identified in the SRTS plan that exceeds this limit, the project shall not be administered or funded through the SRTS Program. Instead, DelDOT will seek to combine the project with other ongoing work in the area, or submit the project to compete for funding with other Delaware capital improvement projects.

History

14 DE Reg. 56 (07/01/10)
14 DE Reg. 56 (07/01/10)
9 DE Reg. 1776 (5/1/06)

2 Del. Admin. Code § 2307-6.0 Eligible Costs

6.1 Infrastructure Costs

Infrastructure projects should directly support increased safety and convenience for elementary and middle school children, in kindergarten through eighth grades, to bicycle and/or walk to and from school. Infrastructure funds are only available to schools that have students who reside within two-miles of the school, measured along existing transportation infrastructure. Project limits must be within two miles of the participating school. Planning, design, engineering expenses, including consultant services associated with developing the project, and construction costs are eligible infrastructure expenses. All infrastructure projects must be approved for use in the state of Delaware and located within public right-of-way. This may include projects on private land that have public access easements or right-of-way dedication, if the improvements are located immediately adjacent to and run parallel with the existing public roadway. Public property includes land that are owned by a public entity, including those lands owned by public school districts. Infrastructure projects should be constructed as soon as possible after the project has been awarded. Infrastructure projects that are not completed within 18-months from the date on executed agreement will be cancelled, and the sponsor will be required to return any funds expended on the project. A letter requesting an extension may be submitted prior to the end of the 18-month completion period. Each request will be reviewed and responded to accordingly. The project sponsor will be responsible for long-term maintenance of infrastructure projects. Eligible projects include:

6.2 Non-infrastructure Costs

The federal legislation requires that all non-infrastructure activities that are eligible for funding must be “activities to encourage walking and biking to school.” Eligible activities include:

History

14 DE Reg. 56 (07/01/10)
14 DE Reg. 56 (07/01/10)
9 DE Reg. 1776 (5/1/06)

2 Del. Admin. Code § 2307-7.0 Ineligible Costs

SRTS program funds shall not be used for recreation, beautification, bus safety, or similar safe routes programs to bus stops or transit. Funds may not be used to supplement or provide for additional crossing guards; however, funds may be used for crossing guard training. SRTS funds may not be used to build closed paths. Infrastructure improvements on the school campus must connect the transportation system to the school entrance.

History

14 DE Reg. 56 (07/01/10)
14 DE Reg. 56 (07/01/10)
9 DE Reg. 1776 (5/1/06)

2 Del. Admin. Code § 2307-8.0 Project Selection and Prioritization

8.1 Limits on funding have been set to enable more participants to develop a SRTS program. DelDOT shall implement an evaluation process for project selection based on a statewide competition as set out in the Delaware legislation 17 Del.C. §1022. The following factors will be used to rate submitted proposals: (1) demonstrated needs of the applicant; (2) potential for reducing child injuries and fatalities; (3) potential of the proposal for encouraging increased walking and bicycling among students; and, (4) completion of a “Safe Routes to School” plan that identifies safety hazards, and current and potential walking and bicycling routes to school, and involves students, parents, teachers, local transportation agencies, law enforcement agencies and school officials in the plan development process.

8.2 Prioritization of proposals will be based on a rating system and scale that will be defined in the “Delaware Safe Routes to School Program Sourcebook” The Sourcebook will also establish the closing date for proposals and the issue date of awards. The SRTS coordinator will make the project selection. DelDOT reserves the right to judge the capability of the applicant. If the sum of all proposals received is less than the sum of funds to be awarded, no prioritization will be made.

8.3 All inquiries are welcome. The state coordinator is available to provide information, answer questions, participate in meetings, and assist potential SRTS participants in initiating a SRTS program. Please direct any questions or comments to:

Safe Routes to School Program, Division of Planning

Delaware Department of Transportation

P.O. Box 778

Dover, DE 19903

(302) 760-2121 (telephone), (302) 739-2251 (fax)

History

14 DE Reg. 56 (07/01/10)
14 DE Reg. 56 (07/01/10)
9 DE Reg. 1776 (5/1/06)

2309 Development Coordination Manual

2 Del. Admin. Code § 2309 Development Coordination Manual

Preface (Repealed)

Chapter 1 Access Standards

Chapter 2 Traffic Analysis and Improvements

Chapter 3 Record Plan Design

Chapter 4 Construction Plans

Chapter 5 Design Elements

Chapter 6 Construction Administration

Chapter 7 Residential Access

Chapter 8 Miscellaneous Access Guidelines

Chapter 9 Manual Updates (Repealed)

History

13 DE Reg. 1101 (02/01/10)
15 DE Reg. 551 (10/01/11)
16 DE Reg. 1199 (05/01/13)
18 DE Reg. 240 (09/01/14)
18 DE Reg. 709 (03/01/15)
19 DE Reg. 73 (07/01/15)
19 DE Reg. 322 (10/01/15)
19 DE Reg. 938 (04/01/16)
21 DE Reg. 905 (05/01/18)
22 DE Reg. 954 (05/01/19)
23 DE Reg. 392 (11/01/19)

2400 Division of Transportation Solutions

2401 Utilities Manual Regulations

2 Del. Admin. Code § 2401-1.0 Introduction

1.1 Purpose and Objectives

1.1.1 The mission of the State of Delaware's Department of Transportation (DelDOT) is excellence in transportation every trip, every mode, every dollar, and everyone. DelDOT supports that mission by developing, constructing, and maintaining the State's infrastructure in a manner that results in a safe, cost-effective, and efficient multi-modal transportation network that enhances mobility, commerce, and livability. Proficient management and utility installation design in close coordination with utility owners are essential to construct and maintain the transportation network safely and effectively.

1.1.2 The purpose of this regulation is to prescribe policies and procedures for adjusting, relocating, and accommodating utility facilities and private lines within the DelDOT-maintained portions of public right-of-way, including any utility work related to DelDOT Highway Construction Projects within DelDOT-maintained portions of public rights-of-way. These regulations establish guidelines that affect the relationship between DelDOT and any entities seeking to place utility facilities within DelDOT-maintained portions of public rights-of-way.

1.1.3 This regulation has been prepared to accomplish the following objectives:

1.1.3.1 Provide standard arrangements to install permitted utilities along DelDOT-maintained portions of public rights-of-way and relocate or maintain utilities due to DelDOT Highway Construction Projects.

1.1.3.2 Minimize utility work delays and interference for DelDOT Highway Construction Projects, highway contractors, or other utilities.

1.1.3.3 Prevent service disruptions, utility facility damage, and hazardous conditions.

1.1.3.4 Ensure standards, specifications, and environmental considerations are met.

1.1.3.5 Ensure proper performance and high-quality utility work, along with accurate and timely reimbursement to utility companies when appropriate.

1.1.3.6 Outline procedures and conditions for federal reimbursement when utility work is part of a federal-aid project.

1.1.3.7 Outline procedures and conditions necessary for State reimbursement of utility work when circumstances, agreements, and Delaware Code govern.

1.1.4 The information in this regulation applies to all public and private facilities, including electric power, telephone, communications, cable TV, lighting, water, natural gas, oil, petroleum, steam, chemicals, sewage, drainage, irrigation, and similar lines located within DelDOT-maintained portions of public right-of-way, including select roadside areas determined to be under DelDOT's maintenance responsibility or jurisdiction as designated by specific Town Agreement or other DelDOT authorized agreement. Underground, surface, and overhead facilities, whether singular or in combination, are also covered by this regulation.

1.2 Statutory Authority

1.2.1 The Delaware Code provides DelDOT with the authority and responsibility to regulate the use of all utilities within DelDOT-maintained portions of public rights-of-way.

1.2.2 DelDOT has the legal authority to control the use of DelDOT-maintained portions of public rights-of-way.

1.2.3 The "Delaware State Highway Department" was established into law on April 2, 1917. Chapter 166 of the 1935 Code amended the original act that created the Highway Department. The legislature enacted additional amendments, including Title 17 of the Delaware Code, on February 11,1953. These were approved by the governor on February 12, 1953, and included all prior amendments as well. This act provides State of Delaware authorization to participate in acquiring rights-of-way, placing new utilities, and adjusting existing utilities.

1.2.4 Title 26 of the Delaware Code (1953) provides State authorization to control new installations of pipes, conduits, and wires above or beneath DelDOT-maintained portions of public rights-of-way.

1.2.5 Title 17 of the Delaware Code §143(b) established by law on January 16, 1962, made the State responsible for the entire cost of altering or relocating utilities within DelDOT-maintained portions of public rights-of-way when the utility facilities are owned or operated by a municipality, government body, or political subdivision of the State when the altering or relocating of utilities is necessitated by highway construction, reconstruction, relocation, repair, or maintenance undertaken by DelDOT.

1.2.6 Title 17 of the Delaware Code §132(b) (1966) provides for the State to reimburse the owner for the expense of relocating public utility facilities for any project where the State is to be reimbursed at least 90% of the project cost from federal funds, by the federal government. The expense shall be the amount paid by the owner that is properly attributable to the relocation after deducting any increase in the new facilities' value and any salvage value derived from the old facilities.

1.2.7 Title 17 of the Delaware Code §143, amended on June 29, 2004, allows DelDOT to negotiate alteration or relocation agreements with public utilities to improve efficiency and fairness.

1.2.8 The State of Delaware's Court of Chancery's 1963 opinion in Delaware Power & Light Co. v. Terry, 194 A.2d 553 (Del. Ch. 1963) forms the basis on which the State reimburses utility owners for the expense of relocating public utility facilities on rights-of-way for which they hold title or have permission or easement for occupancy, as necessitated by any project. A copy of the Court of Chancery's 1963 Decision, 194 A.2d 553 is provided in Appendix F, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-F.pdf.

1.2.9 Adherence to DelDOT's policies, practices, and procedures, along with the requirements described in the regulation, shall be undertaken with full knowledge of and compliance with 26 Del.C. Ch.8 entitled Underground Utility Damage Prevention and Safety. DelDOT's commitment to protect public health and safety is essential and must always be maintained.

1.3 Construction and Location Requirements. DelDOT shall have the right to review and approve the detailed location and design of all utility installations, adjustments, temporary traffic control plans, or relocations affecting the DelDOT-maintained portions of public rights-of-way. DelDOT will issue applicable permits required for proposed utility work located within areas of public right-of-way determined to be under DelDOT's maintenance responsibility or jurisdiction. Section 5.0 of this regulation describes permitting requirements in further detail.

1.4 Exceptions to Requirements. The utility company shall submit any request for deviation from or exception to the standards described in this regulation to DelDOT. The request shall be in writing and must include full justification surrounding the hardship. The written justification and any other pertinent information shall be sent for coordination and comment to DelDOT's District Public Works Office for permit projects and the Utility Engineer for DelDOT highway projects. The process for requesting an exception is outlined in subsection 4.9 of this regulation.

1.5 Grandfathering. If utility projects are bid to contractors, under construction, or include undisturbed utility facilities which were installed and maintained in compliance with valid permits or agreements issued under a prior version of this regulation, those grandfathered facilities are not required to meet updated provisions found in the current DelDOT Utilities Regulation. However, all proposed changes, adjustments, or relocations of grandfathered utilities shall abide by the current version of this regulation any time utility work is performed within the DelDOT-maintained portions of public right-of-way.

1.6 Transmittal of Information. When the utility companies are required to submit plans or other documents under this regulation, they shall submit electronic files directly to DelDOT. When utilities submit plans or other documents electronically, their systems and GIS databases must be compatible with DelDOT's system for electronic file transfer.

1.7 Sea Level Rise

1.7.1 In accordance with Exec. Order No. 41 (Sept. 12, 2013) (Gov. Markell), all State agencies must incorporate measures for adapting to increased flood heights and sea level rise in the siting and design of projects for construction of new structures and reconstruction of substantially damaged structures and infrastructure. These projects must be sited to avoid and minimize flood risks that would unnecessarily increase the risk of harm and decrease public safety.

1.7.2 Utility projects shall also incorporate measures to improve resiliency to flood heights, erosion, and sea level rise using natural systems or green infrastructure to improve resiliency wherever practical and effective. If the utilities are within an area mapped by the Department of Natural Resources and Environmental Control (DNREC) as vulnerable to sea level rise inundation, the projects should be designed and constructed to account for sea level changes anticipated during the lifespan of the facility in addition to Federal Emergency Management Agency (FEMA) flood levels. Utilities should consider and incorporate the sea level rise scenarios set forth by the DNREC Sea Level Rise Technical Committee into appropriate long-range plans for infrastructure, facilities, land management, land use, and capital spending.

History

10 DE Reg. 1730 (05/01/07)
26 DE Reg. 618 (01/01/23)
28 DE Reg. 748 (04/01/25)

2 Del. Admin. Code § 2401-2.0 Definitions

The following words and terms, when used in this regulation, have the following meaning:

"Adjustment" means the relocation, removal, replacement, retirement, etc., of existing utility facilities as necessitated by a construction project.

"American Association of Highway and Transportation Officials" or "AASHTO" is a non-profit, nonpartisan association representing highway and transportation departments in the 50 states, District of Columbia, and Puerto Rico.

"Americans with Disabilities Act" or "ADA" means The Americans with Disabilities Act of 1990, as amended.

"Attacher" means a utility owner with utility facilities attached to a pole or structure owned by another entity.

"Authorization" means permission by the applicable district engineer, public works engineer, construction region engineer, or utilities engineer for the utility to proceed with any phase of the project.

"Backfill" means material used to replace or the act of replacing material removed during construction and also may denote material placed or the act of placing material adjacent to structures.

"Bar chart" means a schedule showing the proposed start and end dates for various utility activities on a complex singular contract or project. DelDOT prepares the bar chart based on utility statements submitted by and in coordination with the utilities.

"Betterment" means any relocated facility upgrade made solely for the benefit and election of the utility and not attributable to DelDOT highway construction projects, as determined by the utilities engineer.

"Bridge" means a structure, including supports, erected over a depression or an obstruction, such as water, a highway or a railroad, for carrying traffic or other moving loads that has an opening exceeding 20 square feet. A listing of specific bridges that are regulated by DelDOT can be found online at https://deldot.gov/Publications/manuals/bridge_atlas/pdfs/bridge_index.pdf?cache=1721762441062. A map of various types of bridges that are located within the public rights-of-way can be found in the "Bridges" section of DelDOT's online Gateway Mapping Portal at https://gateway.deldot.delaware.gov/ or accessed directly at https://deldot.maps.arcgis.com/apps/webappviewer/index.html?id=0c01fb6cee9142109e8fc6ac70a0598a.

"Buy America" means the domestic manufacturing process requirement for all of the iron, steel, manufactured products, and construction materials that are permanently incorporated in a federal-aid highway project outlined in federal laws, regulations, and policies including United States Code (USC) Title 23 Part 313, USC Title 49 Part 5323, Code of Federal Regulation (CFR) Title 23 Part 635.410, CFR Title 49 Part 661, and any revisions as per the Infrastructure Investment and Jobs Act (H.R. 3684), including conformance with the requirements of Build America Buy America commonly known as "BABA". See FHWA Question and Answer for Utilities: https://www.fhwa.dot.gov/utilities/buyam.cfm.

"Carrier pipe" or "carrier" means a pipe directly enclosing a transmitted fluid (liquid, gas, or slurry), also an electric or communication cable, wire, or line.

"Casing pipe" or "casing" means a larger pipe, conduit, sleeve, or duct enclosing a carrier or utility facility.

"Chief Engineer" is the individual identified by 17 Del.C. §111(c), who is the highest authority for the authorization of this regulation within DelDOT. The Chief Engineer has the authority to establish a designee to act on their behalf.

"Clear zone" means the road-design concept that establishes the theoretical limits of the unobstructed traversable area provided beyond the edge of the traveled way for the recovery of errant vehicles. This area consists of elements such as a shoulder, a recoverable slope, a non-recoverable slope, and a run-out area clear of fixed or non-traversable objects. Fixed or non-traversable objects include existing or planned objects, whether natural or manufactured, such as trees, drainage structures, non-yielding sign or lighting structures, drainage ditches, retaining walls, rock outcroppings, utility facilities, etc. The purpose of the road-design concept of clear zone is to provide errant vehicles a reasonable opportunity to stop safely or otherwise regain vehicle control. The desired width is dependent on traffic volumes, speeds, and roadside geometry. See the DelDOT Road Design Manual and the AASHTO Roadside Design Guide for properly calculated clear zone widths.

"Conduit" means an enclosed tubular casing, singular or multiple, for the protection of wires, cables, or lines, usually jacketed and often extended from manhole to manhole.

"Conflict" means when a utility facility is blocking highway construction or maintenance operations requiring the facility to be adjusted, relocated, or mitigated with other measures such as protecting the facility. The presence of utilities in the public right-of-way does not necessarily constitute a conflict.

"Construction" means the actual installation and all related work, including relocation or adjustments, incidental to a utility project or DelDOT highway construction project's construction or reconstruction-excluding preliminary engineering, subsurface utility engineering (SUE), test holes, or rights-of-way work programmed and authorized as a separate work phase. Construction requires adequate levels of subsurface utility engineering for managing certain risks associated with utility mapping at appropriate quality levels, utility coordination, utility relocation design and coordination, utility condition assessment, communication of utility data to concerned parties, utility relocation cost estimates, implementation of utility accommodation policies, and utility design. Please refer to the Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data, CI/ASCE 38-02, American Society of Civil Engineers, 2002.

"Construction plans" means scalable plan sheets that show the proposed construction in detail. Construction plans may be in either paper or electronic format, as specified by DelDOT.

"Consultant" means a qualified third party engaged by DelDOT, another agency of the State of Delaware, or a utility to develop plans, specifications, and estimates for DelDOT or a utility.

"Coordination meeting" means periodic meeting with utilities' representatives to outline current policy and procedures and discuss current topics of general interest.

"Corner cut" or "daylight corner" means a right-of-way area at an intersection reserved for sight clearance or turning clearance, usually by a diagonal right-of-way line.

"Cover" means depth to top of pipe, conduit, casing, cable, or similar line or utility tunnel below the earth or roadway surface.

"Dam" means any artificial barrier, including appurtenant works, with the ability to impound or divert water, wastewater, or liquid-borne materials. A listing of specific dams that are regulated by DNREC can be found online at https://documents.dnrec.delaware.gov/swc/Shoreline/Documents/Dam%20Safety/regulated-dams.pdf.

"Delaware Manual on Uniform Traffic Control Devices" or "DE MUTCD" means the manual approved by the Federal Highway Administrator as the national standard for all traffic control devices installed on any street, highway, bikeway, or private road open to public travel in accordance with 23 U.S.C. 109(d) as amended for use in Delaware. Published online at https://www.deldot.gov/Publications/manuals/de_mutcd/index.shtml.

"DelDOT highway construction project" means the constructing, reconstructing, widening, or resurfacing DelDOT-maintained portions of a highway within the existing legal right-of-way or within a newly acquired right-of-way whether by contract, DelDOT forces, or a DelDOT agent. For clarity and avoidance of doubt, the term "agent" shall only include those operating directly at DelDOT's direction and shall not include land-developers or any entity performing work under direct contract of the land-developer in connection with DelDOT's development coordination process.

"DelDOT-maintained portions of public rights-of-way" means areas within the public rights-of-way determined to be under DelDOT's maintenance responsibility or jurisdiction as designated by Delaware Code, specific Town Agreement, or other DelDOT authorized agreement. These areas include DelDOT-maintained portions of the highway rights-of-way outside of incorporated cities or towns and DelDOT-maintained portions of municipal streets, roadways, subdivision streets, roadside areas, or other facilities that DelDOT has entered into an agreement to accept maintenance responsibility or jurisdiction over.

"Delineator" means an object marker used to provide attention and awareness to a utility facility of importance or concern that is otherwise unnoticeable or difficult to locate.

"Denial-of-access" means that access rights for ingress and egress to adjacent land parcels or private properties have been obtained by DelDOT in the form of a recorded deed. Where access is controlled by deed there is no right of direct access through the deeded section. Utilities may be permitted to place utility facilities within denial-of-access areas that are not associated with fully controlled access highways.

"Department" or "DelDOT" means the State of Delaware's Department of Transportation.

"Department of Natural Resources and Environmental Control" or "DNREC" means the primary body concerned with the governance of public land, natural resources, and environmental regulations for the State.

"Designation" means the process of using a surface geophysical method or methods to interpret the presence of a subsurface utility and mark its approximate horizontal position (its designation) on the ground surface.

"District engineer" means the DelDOT engineer of the north, canal, central, or south maintenance district. The engineer with the highest authority in a DelDOT maintenance district.

"District Public Works Section" or "District Public Works office" means the unit within each DelDOT maintenance district responsible for utility operations under the direction of the district engineer.

"Duct" means an enclosed tubular casing for protecting wires, lines, or cables, often flexible or semi-rigid.

"Effective clear zone" means the utility permitting concept that establishes the practical limits of the unobstructed, traversable area beyond the edge of the traveled way available for the recovery of errant vehicles. The effective clear zone concept is applied when select conditions are met, such as the width of the public right-of-way is too limited to fully contain the clear zone, non-traversable ditches, non-breakaway facilities, or fixed objects are prevalent within the public right-of-way, existing conditions establish a driver expectation of non-traversable ditches, non-breakaway facilities, or fixed objects within the clear zone. Effective clear zone principles prioritize limiting encroachment of proposed non-breakaway facilities or additional fixed objects, by ensuring these elements are located as close to the public right-of-way line as feasible or at minimum, are located behind any existing non-traversable ditches, non-breakaway facilities, or fixed objects within the public right-of-way.

"Eligibility" means the costs incurred on a project or a specific phase of a project that, when authorized, may be eligible for reimbursement provided they are legally qualified under the applicable State highway laws.

"Emergency" means a situation as defined in 26 Del.C. Ch. 8 - the Miss Utility Law. This shall also include situations deemed by DelDOT to be an emergency within the DelDOT-maintained portions of public right-of-way Emergency situations create specific impacts by which the safety of the traveling public or general public, or the structural integrity of the highway facility, is placed in immediate danger.

"Encasement" means a structural element that surrounds a carrier or casing.

"Executed agreement" means a legal instrument entered by DelDOT and a utility construction project which outlines the legal and financial responsibilities of both parties.

"Federal-aid highway projects" means the active or completed projects administered by or through DelDOT which involve the use of federal aid highway funds for the development, acquisition of right-of-way, construction, or improvement of the highway or related facilities, including highway beautification projects under 23 U.S.C. 319, Landscaping and Scenic Enhancement.

"Federal Highway Administration" or "FHWA" means the U.S. Department of Transportation's federal highway agency.

"Flexible pipe" is a plastic, fiberglass, or metallic pipe with a large ration of diameter to wall thickness designed for a diametric deflection of up to 5%. The pipe can be designed for a diametric deflection of up to 7.5% with an engineering study confirming the pipe's stability and structural soundness.

"Flow line" means the bottom elevation of an open channel or bottom of pipe otherwise known as the invert of the pipe.

"Functional classification" means the system of hierarchical designation for highways based on the competing functions of transportation movement and access are satisfied. See DelDOT Road Design Manual Chapter 2, as amended, and functional classification maps for specific highway designation. The DelDOT Road Design Manual is available at DelDOT's website under Publications.

"Hardship" means the adherence to a requirement that will cause persistent difficulty with facility installation and long-term maintenance or will be prohibitively expensive resulting in unreasonable rate increases for utility customers.

"Hazardous conditions" means a condition, circumstance, or combination of factors that create a substantial risk or danger of causing injury to persons or damage to property.

"Highway" or “street” means any public way for vehicular travel including the entire area within DelDOT-maintained portions of the public rights-of-way and related facilities maintained by DelDOT.

"Highway right-of-way" means the real property or interests therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. Lands acquired under Section 319(b), Title 23, U.S.C. (Scenic strips 1965 Highway Beautification Act) shall be under the jurisdiction of the Department.

"Lateral offset" means the distance from the edge of traveled way, shoulder, or other designated point to the front face of a vertical roadside element. The minimum lateral offset varies by setting and constraints but was never intended to represent an acceptable safety design criteria. In constrained environments, there is still a need to position rigid objects as far away from the active traveled way as possible. The minimum lateral offset value has sometimes been oversimplified and misinterpreted as satisfied if placing the edge of objects 1.5 feet from the face of curb. Where stand-up curb is present, the lateral offset is measured from the face of the curb to an object. Reference shall be made to the AASHTO Roadside Design Guide for more information on this concept and its applications. Lateral offset should not be confused with clear zone.

"Letter agreement" means the agreement that is the legal instrument between a utility and DelDOT to establish the utility work in conjunction with a DelDOT highway construction project that DelDOT has determined is reimbursable.

"Maintenance of traffic" or "MOT" means the process of establishing a work zone, providing related transportation management, and incorporating temporary traffic control on streets and highways right-of-way. Also known as temporary traffic control (TTC).

"Manhole" means an opening in an underground system where workers can enter to install, remove, inspect, repair, connect, and test as needed.

"Master franchise" means the legal document that authorizes a regulated public utility to place its facilities within the legal rights-of-way without any vested interest therein under the provisions of 17 Del.C. §132(c) and supplements thereto.

"Median" means the portion of a divided highway separating the traveled ways for traffic in opposite directions.

"Municipal limits" means the political boundary established by an incorporated city or town through charter, zoning activity, or ordinance, which defines the land parcels and right-of-way areas under municipal jurisdiction. Municipal limits define the exclusionary boundary which suspends DelDOT maintenance responsibility and jurisdiction over the public right-of-way except as mutually agreed upon via specific town agreement or other DelDOT authorized agreement.

"Pavement box" means the cross section of the highway consisting of the paved highway surface, base, and subbase materials.

"Pipe" means a tubular product made and sold as a production item.

"Preliminary engineering" means related preparatory work in advance of construction operations such as surveys, utility plans, specifications, estimates (PS&E), and more.

"Preliminary engineering estimate" means the estimate of the preliminary engineering required to design the alternation, adjustments, or relocation.

"Prior rights" means a utility is determined to have legally occupied a public right-of-way prior to the time the right-of-way was conveyed to or acquired by DelDOT.

"Project manager" means the DelDOT staff member responsible and accountable for the construction project's satisfactory completion.

"PS&E" means plans, specifications, and estimates.

"Public right-of-way" means the legal right-of-way of any public highway, street, or alley that is dedicated to public use or otherwise under the jurisdiction of DelDOT or any municipality or political subdivision. Certain navigable waterways are also designated as public rights-of-way.

"Public Service Commission" or "PSC" means the entity created by Title 26 of the Delaware Code. under the Public Utilities Act of 1974.

"Public utility" means a utility as defined in 26 Del.C. §102(2) and 17 Del.C. §143(a)(2) and are subject to the jurisdiction of and are regulated by the PSC

"Relocation" means adjusting or moving utility facilities required for a highway project.

"Replacement facility" means replacing the function of a facility rather than installing a replica facility.

"Retirement" means a utility facility that is inactive or deactivated but remains in place within the right-of-way. Also referred to as an abandoned facility.

"Right-of-way" means real property, or interests therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway or street.

"Roadside" means a general term denoting the area adjoining the outer edge of the roadway, typically includes elements such as unpaved surfaces, sidewalks, shared use paths, surface drainage facilities, located between the right-of-way line and the curb or edge of roadway pavement. Extensive areas between the roadways of a divided highway may also be considered roadside. DelDOT's maintenance responsibility and jurisdiction over the roadside portion of public right-of-way is limited inside of municipal limits, and along subdivision streets as established by specific town agreement or other DelDOT authorized agreement.

"Roadway" means the portion of a highway accommodating vehicular use, and typically includes elements such as paved travel-lanes, paved turn-lanes, and paved shoulders. A divided highway has 2 or more roadways. In construction specifications, the roadway is the portion of a highway within the limits of construction. DelDOT's maintenance responsibility and jurisdiction over the roadway portion of public right-of-way is limited inside of municipal limits and along subdivision streets as established by specific town agreement or other DelDOT authorized agreement.

"Salvage" means material removed and used or placed in storage for future use.

"Single-pole construction" means the use of single poles to support aerial facilities rather than double-pole arrangements such as H-frames.

"Sleeve" means a short casing through pier or abutment of highway structure.

"Standard Construction Details" means the DelDOT Standard Construction Details in effect on the date of permit authorization or notice to proceed. Details can be found online at: https://deldot.gov/Publications/manuals/const_details/index.shtml.

"Standard Specifications" means the standard specifications for DelDOT road and bridge construction in effect on the date of permit authorization or notice to proceed. The specifications can be found online at: https://deldot.gov/Publications/manuals/standard_specifications/index.shtml.

"State" means the State of Delaware.

"Subdivision streets" means the DelDOT-maintained portions of commercial, industrial, or residential streets located within right-of-way dedicated to public use. The dedication of right-of-way and DelDOT authorized agreement for acceptance of street maintenance responsibility shall be subject to approval by DelDOT through the development coordination process. The area of DelDOT maintenance responsibility varies by acceptance agreement but includes only the physical features such as paved roadway or curbs that are identified within each individual agreement.

"Temporary traffic control" or "TTC" means the process of establishing a work zone, providing related transportation management, and incorporating temporary traffic control on streets and highway rights-of-way. Also known as Maintenance of Traffic.

"Town agreement" means a formal agreement between an incorporated city or town and DelDOT, created in accordance with 17 Del.C. §134(a). Town agreements define the extent of power, authority, and jurisdiction, over roadway areas and roadside areas within a public right-of-way, which shall be voluntarily given and surrendered by the city or town to DelDOT. Town agreements are inclusive of limitations and terms as the Department shall prescribe. The public right-of-way areas under DelDOT maintenance responsibility and types of facilities to be maintained by DelDOT vary by individual roadway or town agreement but include only the physical features such as paved roadway or curbs that are identified within each individual agreement.

"Traffic control devices" means signs, signals, markings, or other devices used to regulate, warn, or guide traffic, placed on, over, or adjacent to a street, highway, private road open to public travel, pedestrian facility, or shared-use path by authority of a public agency or official having jurisdiction, or, in the case of a private road open to public travel, by authority of the private owner or private official having jurisdiction. Temporary traffic control devices including signs, channelizing devices, lighting devices, and shadow vehicles are governed by the DE MUTCD and ATSSA quality guidelines.

"Traveled way" means the portion of the highway used for vehicles (including dedicated bicycle lanes), excluding shoulders and auxiliary lanes.

"Typical applications" means predesigned TTC plans for specific solutions as illustrated and described in Chapter 6 of the DE MUTCD.

"Use and occupancy agreement" means the written agreement by which DelDOT approves the use and occupancy of right-of-way by utility facilities or privately owned facilities that convey or transmit utility commodities devoted exclusively to private use.

"Utilities engineer" means the engineer and authorized representative of the Chief Engineer responsible for utility coordination work performed within DelDOT's Division of Transportation Solutions.

"Utilities Section" means the unit within DelDOT's Division of Transportation Solutions responsible for matters concerning utilities under the direction of the Utilities Engineer.

"Utility attachment agreement" means an agreement between a utility and DelDOT that covers the agreements for attachment of utility facilities to highway structures.

"Utility conflict matrix" or "UCM" means a spreadsheet or enterprise database used by DelDOT to identify, track, coordinate, and resolve potential conflicts with utility companies throughout the highway project design process.

"Utility Construction Permit" or "utility permit" or "construction permit" means a permit that authorizes a utility to construct, maintain, or repair a utility facility within DelDOT-maintained portions of public rights-of-way.

"Utility coordinator" means the DelDOT personnel assigned to a project responsible for coordinating the relocation or adjustment of all utilities between the utility and DelDOT.

"Utility facility" means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing an essential commodity or service, such as water, gas, electricity, wastewater, or telecommunications to the public, whether active or retired.

"Utility Permit Application portal" or "UPA" means the online portal used for the electronic submission of utility plans and documents associated with DelDOT Highway Construction Projects as well as utility construction permits and utility safety permits.

"Utility plans, specifications, and estimate" or "utility PS&E" means a detailed relocation cost estimate prepared by the utility and consisting of highway plan sheets which show the relocation and any additional utility drawings or supplemental sheets necessary to provide a clear picture of work to be performed and how estimated costs were determined.

"Utility Safety Permit" means a simplified utility permit that authorizes utility related equipment, personnel, or materials to temporarily occupy or use DelDOT-maintained portions of the highway right-of-way. A Utility Safety Permit provides for TTC or maintenance of traffic and is required in cases of utility related activities that do not require a full Utility Construction Permit but are anticipated to require MOT due to potential encroachment near vehicular (including bicycles and non-motorized devices), or pedestrian traffic.

"Utility statement" means a synopsis of utility relocation work and its anticipated schedule incorporated in the bid package upon approval by DelDOT. Also known as a resume of proposed work.

"Working day" means days between Monday through Friday, except for State, federal, and recognized operator holidays unless otherwise amended by the operative contract documents.

History

10 DE Reg. 1730 (05/01/07)
26 DE Reg. 618 (01/01/23)
28 DE Reg. 748 (04/01/25)

2 Del. Admin. Code § 2401-3.0 References and Source Material

3.1 References and Source Materials - National. The following guidelines and design standards, which are made available in their entirety through nationally recognized professional organizations and publications, are incorporated by reference, except as modified within this regulation. If conflicts may exist between incorporated references and this regulation, this regulation controls.

3.2 References and Source Materials - State of Delaware

3.2.1 The following guidelines, design standards and independent manuals, which are made available in their entirety through their authoring Agencies and Departments of the State of Delaware, are incorporated by reference, except as modified within this regulation. Utility construction, relocation, or repair work performed on, under, or across DelDOT-maintained portions of public right-of-way shall adhere to applicable State of Delaware references and source materials, regardless of the underlying franchises, permits, agreements, type of utility work, or type of project. In the event that conflicts may exist between incorporated references and this regulation, this regulation controls.

3.2.2 Regulations that are adopted through the Federal or State of Delaware Register of Regulations shall be taken into consideration in each aspect of planning, design, or construction, where these regulations may have independent jurisdiction over applicable elements irrespective of any consideration in this regulation. The omission of explicit references to any applicable State or Federal regulation from this regulation shall not have the effect of sheltering the design professional from the separate and additional responsibilities that other regulations may create. If conflicts may exist between State or Federal regulation and this regulation, the more restrictive criteria should be used, while meeting the intent of the controlling regulation. All regulations shall be considered in their entirety, inclusive of any amendments, in their most current version. The following is not an exhaustive list, but includes some of the more commonly referenced regulations:

History

10 DE Reg. 1730 (05/01/07)
26 DE Reg. 618 (01/01/23)
28 DE Reg. 748 (04/01/25)

2 Del. Admin. Code § 2401-4.0 Design Requirements for Rights-of-way Utility Installations Within DelDOT-maintained Highways and Streets

4.1 General Requirements. DelDOT uses different types of documents to authorize the installation and occupancy of utility facilities on, under, or across DelDOT-maintained portions of right-of-way. These documents include franchises and agreements.

4.1.1 Master Franchise

4.1.1.1 Purpose. The master franchise is a legal instrument by which the use of the right-of-way is granted. It is not a control instrument over construction methods, traffic control features, or timing as opposed to a permit. DelDOT may grant a master franchise to the following:

4.1.1.1.1 An entity meeting the definition of a public utility that is subject to the regulatory jurisdiction of the PSC.

4.1.1.1.2 A cable system operator or video services provider franchised by the PSC or a municipality; or

4.1.1.1.3 A utility owned, operated, controlled, or created by the State, a municipality, county, or other political subdivision.

4.1.1.2 Conditions

4.1.1.2.1 The master franchise requires that all facilities to be constructed shall meet the requirements set forth in this regulation.

4.1.1.2.2 All utility companies making underground installations shall be members of "Delmarva 811" and documentation verifying membership shall be provided prior to approval of master franchise.

4.1.1.2.3 A public utility shall submit a franchise application for each county where its facilities are to be located within the DelDOT-maintained portions of the rights-of-way.

4.1.1.3 Preparation. A master franchise must be in force for any utility to place facilities in the DelDOT-maintained portion of public right-of-way.

4.1.1.4 Coordination between Utility and DelDOT Highway Construction Projects. Both DelDOT and the utility company representatives need to exchange information regularly to help avoid conflicts between utility company projects and DelDOT projects in terms of location, construction timing, and method of installation. See Section 6.0 of this regulation for more details on DelDOT highway project coordination.

4.1.1.5 Entities which were previously granted a master franchise, which remains active and valid as of December 31, 2024, shall be permitted to continue operating in the public right-of-way, so long as their master franchise does not expire or is not terminated.

4.1.2 Use and Occupancy Agreements

4.1.2.1 Purpose. A use and occupancy agreement, shown in Appendix A, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-A.pdf, is issued by DelDOT and is used for privately or individually owned facilities that are proposed to be located on or across DelDOT-maintained portions of highway rights-of-way. For example, if a landowner owns property on both sides of a DelDOT-maintained portion of roadway and needs to convey irrigation lines, water lines, natural gas lines, propane lines, etc., between properties, the landowner shall execute a DelDOT approved Use and Occupancy Agreement. The use and occupancy agreement provides DelDOT with information about the facilities and sets forth their conditions. The owner shall obtain a Utility Construction Permit for any facility construction, maintenance, or repair.

4.1.2.2 Conditions. Only crossings are allowed. Longitudinal lines are not permitted.

4.1.2.2.1 Use and occupancy agreements and master agreements will be developed for each individual situation in which a public company or private entity is permitted to place facilities in the DelDOT-maintained portions of the right-of-way.

4.1.2.2.2 Facilities that are owned by a private entity, such as meter pans and service poles, shall be located outside of the right-of-way through private agreement or easement with the property owner absent an executed agreement with DelDOT authorizing placement within the DelDOT-maintained portions of public right-of-way. Facilities that will be owned, operated, and maintained by DelDOT shall be exempt.

4.1.2.3 Preparation. A Use and Occupancy Agreement shall be prepared by the owner for each installation where a facility is placed on DelDOT-maintained portions of the right-of-way.

4.1.2.4 Companies that do not qualify as public utilities pursuant to the Delaware Code, and who are not subject to the regulatory authority of the PSC, will not be permitted to place facilities within DelDOT-maintained portions of highway right-of-way absent express legislative authority and authorization and an executed Use and Occupancy Agreement or master agreement.

4.1.3 Letter Agreements. A letter agreement is a legal instrument between a utility and DelDOT to establish the utility work in conjunction with a DelDOT highway construction project. It describes the terms and conditions, in accordance with the State code, by which the work and subsequent payment will be handled. An executed letter agreement is required prior to the performance of any work that is to be reimbursed. A letter agreement shall be required for all work not covered under a master franchise, a Use and Occupancy Agreement, or a construction permit. The agreement describes the terms and conditions, in accordance with the State code, by which work and subsequent payment will be handled for utility work.

4.1.4 Utility Attachment Agreement. A utility attachment agreement shall be requested for all work where a utility facility proposes attachment to a DelDOT highway or ancillary structure. The utility shall coordinate a utility attachment agreement request with the District Public Works Section, the utility engineer, and the DelDOT section responsible for the DelDOT highway or ancillary structure. A DelDOT authorized utility attachment agreement shall be on file prior to utility facility attachment to a DelDOT highway or ancillary structure. Highway and ancillary structures include elements, such as bridges (including both vehicular and pedestrian overpasses and underpasses), reinforced concrete box culverts, retaining walls, sign support frames, lighting supports, lighting masts, load bearing assemblies, foundations etc. DelDOT approvals of utility attachment agreements are heavily restricted in accordance with subsection 4.7 of this regulation and subject to eventual relocation per subsections 4.7.3.2 and 4.7.3.3 of this regulation.

4.1.5 Blanket Vertical Adjustment Agreement. A Blanket Vertical Adjustment Agreement (BVAA) is a legal instrument between a utility and DelDOT to establish the terms, including provision of field personnel, materials, and reimbursement, for vertical adjustments of non-municipal utility structures/covers for DelDOT Highway Construction Projects which include any new construction, reconstruction, or repair/upgrades to existing roadways or public use facilities. Typical adjustments under the agreement include non-municipal or other nongovernmental public utility at-grade facilities such as manhole covers, valve box covers, junction well covers, which shall be adjusted to final grade by the State's contractor concurrent to DelDOT highway construction projects including highway projects, bridge projects, ADA, Pedestrian Access Route (PAR) projects, pave & rehab projects, maintenance projects, and traffic projects. Utility companies shall follow the DelDOT Design Guidance Memorandum (DGM) 3-1 Documenting and Paying for Non-Municipal Utility Cover Vertical Adjustments, dated June 1, 2021.

4.2 Authorization for Commencement of Work

4.2.1 Utility Work Requiring a Permit. This work is not the result of a DelDOT highway construction project and is coordinated through the District Public Works office for the county where the work is performed.

4.2.1.1 Maintenance. This work consists of maintaining existing utility facilities in kind. Upgrading facilities requires additional consideration and shall be considered new service installation.

4.2.1.2 New Service Installation. This work consists of installing new services or utility distribution facilities or substantially upgrading existing facilities. Facility upgrades that would reduce the effective clear zone or create an increase of a hazardous condition in the existing right-of-way will be required to comply with the requirements for new service installation.

4.2.1.3 Third Party Driven Project Design and Facility Relocation. This work results from a project initiated by a third party that requires relocating utility facilities. Project design work is coordinated between the third party and the utility companies and permitted through the District Public Works offices.

4.2.1.4 Emergency Work. Emergency work is utility work associated with an emergency as defined in 26 Del.C. Ch. 8. The utility shall submit a utility construction permit to the District Public Works office via the UPA within 2 business days following the commencement of work.

4.2.2 Utility Work as a Result of a DelDOT Highway Construction Project. This work results from a DelDOT initiated project that requires relocating utility facilities. Project design work is coordinated through the utilities engineer and Utilities Section.

4.2.3 Responsibility and Dispute Resolution. The District Public Works Section administers permit work in its respective district under the authority of the district engineer and, ultimately, the Director of Maintenance and Operations. The construction group engineer administers DelDOT highway construction projects under the authority of the assistant director of construction. The assistant directors of project development and bridge are responsible for project designs and the assistant director of right-of-way (Chief of ROW) is responsible for the utility section. The Chief Engineer has authority over the project development, bridge, right-of-way/utilities, and construction sections of DelDOT. Any situations that cannot be resolved through the normal process may be forwarded to the appropriate authority.

4.3 Highway Safety and Temporary Traffic Control. DelDOT considers highway safety the highest priority that is an essential and indispensable component of every project from planning through the design and construction phases. Therefore, companies that install, maintain, service, operate, or otherwise work upon utilities within public rights-of-way are required to provide appropriate TTC within work areas.

4.3.1 Temporary Traffic Control. Measures shall be taken for protection and safe operation of traffic and workers during and after installation of utility facilities. For all utility maintenance or construction operations within public highway rights-of-way.

4.3.1.1 All TTC shall conform to the requirements specified on the approved temporary traffic control plan or in the DE MUTCD and any other applicable State and federal regulations.

4.3.1.2 Failure by a utility to provide for traffic safety shall be cause for immediate suspension of operations. The work will not be allowed to continue until the proper traffic control is established.

4.3.1.3 In all questions of interpretations of the DE MUTCD, the judgment of the Chief Engineer shall be final. The protection prescribed for each situation shall be based on the speed and volume of traffic, duration of operation, various modes of traffic, and exposure to hazards.

4.3.1.4 No work shall occur over live traffic. If it is required that work be performed over a travel lane or a turn lane or bike lane, a lane closure shall be required. If it is required that work be performed over pedestrian facilities, the pedestrian facility shall be closed, and a pedestrian detour shall be required.

4.3.2 Temporary Traffic Control and Safety References

4.3.2.1 Title 17 of the Delaware Code provides for the establishment of traffic control and safety standards to be observed during utility construction and maintenance operations on or adjoining any public highway or street. Public and private utilities, contractors under contract with utility companies, and all others engaged in utility construction and maintenance are required to comply with these standards.

4.3.2.2 The DE MUTCD explains in detail the principles and requirements of TTC and safety standards. It covers TTC procedures, responsibilities of involved parties, required training for personnel, and descriptions of approved control devices. The traffic control and safety standards are to be implemented through the training and supervision of utility employees.

4.3.2.3 Failure to meet the standards of the DE MUTCD will result in stoppage of work until deficiencies are brought into compliance.

4.3.3 Temporary Traffic Control Plan

4.3.3.1 The TTC plan is an important aspect of a project. In preparing a standardized TTC plan, the appropriate typical applications in the DE MUTCD shall be identified. A plan for maintenance of pedestrian traffic, including plans, specifications, and standards to provide a clear and positive manner for pedestrians to safely approach and traverse through temporary work zones, shall be required when the proposed work impacts established pedestrian access routes. Project specific TTC plans shall be signed and sealed by a professional engineer licensed in the State of Delaware pursuant to 24 Del.C. Ch. 24, the Delaware Professional Engineers Act.

4.3.3.2 For Permit Projects

4.3.3.2.1 Utilities shall submit a typical application or combination of typical applications for MOT associated with proposed utility work as part of a permit submission. When work requires a detour, more than 4 typical applications, or is complicated by field conditions, a project specific TTC plan shall be developed.

4.3.3.2.2 The utility work within the DelDOT-maintained portions of public right-of-way shall not begin until the District Public Works office approvals have been obtained and the approved permit and supplementary information, including TTC plan, is on the job site. Once the job has begun, the utility inspectors must ensure that the plan is followed throughout the project.

4.3.3.2.3 In the case of emergency work where there is no prior approval of a TTC plan, the utility is still required to follow the DE MUTCD. The utility shall be prepared to immediately set up whatever TTC may be required to protect the public and perform necessary repair work. See subsection 4.3.6 of this regulation.

4.3.3.3 For DelDOT Highway Construction Projects

4.3.3.3.1 TTC for DelDOT highway construction projects work is coordinated with the highway contractor, the DelDOT highway construction project supervisor, and the construction section to ensure proper safety standards are employed.

4.3.3.3.2 Where utility adjustments are made simultaneously with the highway contractor's operations and the highway contractor provides the TTC, the utility is not required to prepare a TTC plan. Under these circumstances, the utility and highway contractor must cooperate and coordinate their work so that neither is delayed by the other's operation. See subsection 6.4.2.2 of this regulation.

4.3.3.3.3 Where utility work is done in advance of highway work, work shall be performed in accordance with the MOT and work hour restrictions outlined in the DelDOT construction plans or notice to proceed. Utilities and their contractor shall notify and coordinate with DelDOT's assigned construction staff prior to and throughout the duration of work.

4.3.4 Flaggers for Temporary Traffic Control

4.3.4.1 Certified flaggers per the DE MUTCD are required in controlling traffic when flagging operations are needed.

4.3.4.2 DelDOT has specific requirements for flagger warning signs, safety clothing, training, and associated flagger concerns, as described in the DE MUTCD. Utility personnel acting as flaggers shall abide by these requirements.

4.3.5 Inspection of Temporary Traffic Control

4.3.5.1 Routine inspections of TTC elements must be made to ensure acceptable levels of operation. DelDOT has the right to inspect traffic control in a manner and at a frequency determined at the sole discretion of DelDOT.

4.3.5.2 When a utility or utility contractor fails to follow the approved TTC plan, inspectors may suspend the work within the DelDOT-maintained portion of public right-of-way until the required TTC is in place. Failure to follow the temporary TTC plan violates 21 Del.C. §4105 and is subject to punishment by law.

4.3.6 Response and Traffic Control in an Emergency Situation

4.3.6.1 When a utility initiates an emergency, the utility shall promptly notify the Transportation Management Center (TMC) at 302-659-4600 prior to performing work. The utility is responsible for communicating the type of emergency and location of the work to be performed and other pertinent information. Work may commence following verbal notification to the TMC. The utility company shall install the required TTC devices and personnel in accordance with the DE MUTCD to protect the public and the workers performing emergency work and restoring the site.

4.3.6.2 When notified of a situation that is deemed an emergency by DelDOT, the utility shall verbally respond to DelDOT personnel within 30 minutes of being notified. The utility shall have someone on-site within the first hour of notification to determine needs and mobilize all personnel, equipment, and resources required to perform work, including MOT. The utility shall have MOT in place and commence remediation work to address the situation within 4 hours of being notified. At that point, the utility is responsible to take ownership of the site and relieve DelDOT crews. The TMC shall be notified by each utility once MOT is set and again once work is complete. Noncompliance actions as outlined in subsection 4.10 of this regulation may be taken should a utility not respond following notification.

4.3.6.3 For situations involving utility poles, responsibility falls to the pole owner to ensure all work is occurring in accordance with this policy, including MOT. The pole owner shall identify all utilities that are attached to their pole. They shall update TMC with the utility attacher information along with notifying and coordinating with utility attachers. The pole owner shall maintain the site and oversee work associated with all parties on their pole.

4.3.6.4 In the event the required timeframes are not adhered to by utilities, DelDOT may initiate non-compliance actions as outlined in subsection 4.10 of this regulation.

4.3.6.5 If a utility intends to utilize temporary measures to safely resolve the immediate emergency, they shall coordinate measures with DelDOT throughout the process. Any temporary measures shall be permanently resolved under the standard utility permit process within 2 weeks of the emergency.

4.3.6.6 In all emergency situations, the utility shall coordinate work with any other utility companies that are impacted by the work and that may have facilities in the area.

4.4 Design

4.4.1 Utility's proposed design in all cases shall:

4.4.1.1 Protect the integrity of the roadway or highway structure.

4.4.1.2 Minimize interference with traffic during installation and maintenance of the facility.

4.4.1.3 Minimize highway maintenance problems for DelDOT.

4.4.1.4 Avoid conflicts with other uses of the public rights-of-way.

4.4.1.5 Utility construction, relocation, or repair work performed on, under, or across DelDOT-maintained portions of public right-of-way shall adhere to applicable requirements outlined in the DelDOT Standard Construction Details and Standard Specifications, regardless of the underlying franchises, permits, agreements, type of utility work, or type of project.

4.4.2 Requirements

4.4.2.1 Utility installations on, over, or under the DelDOT-maintained portions of public rights-of-way and utility attachments to DelDOT-maintained highway structures, shall meet or exceed the requirements listed below, as well as any other applicable codes or regulations in place at the time of Notice to Proceed (NTP) or permit authorization.

4.4.2.1.1 Electric Power and Communications. National Electric Safety Code (NESC).

4.4.2.1.2 Water Transmission and Distribution. American Water Works Association (AWWA).

4.4.2.1.3 Pressure Pipelines. Standard Code of Pressure Piping of the American Society of Mechanical Engineers ASME B31.4 and B31.8 and applicable Sections of federal, State, local, and industry codes.

4.4.2.1.4 Liquid Petroleum Pipelines. American Petroleum Institute Recommended Practice for Steel Pipelines Crossing Railroads and Highways. U.S. DOT Rules and Regulations governing transportation of these materials, including Code of Federal Regulations Title 49 Part 195.

4.4.2.1.5 Pipelines Carrying Natural Gas and Hazardous Materials. U.S. DOT Rules and Regulations governing transportation of these materials, including Code of Federal Regulations Title 49, Parts 192, 193, and 195.

4.4.2.1.6 Fiber Optic Facilities. Standard for the physical location and protection of below-ground physical plant (EIA/TIA-590); also NESC provisions for communications cable.

4.4.2.2 Provisions for future expansion of utility facilities are to be made when planning for adjustments to existing facilities or preparing for new installations.

4.4.2.3 Underground utilities shall utilize safe trenching practices when preparing their designs and constructing their facilities. Both the utilities and their contractors shall comply with all Occupational Safety and Health Administration (OSHA) requirements while working on public rights-of-way. If unsafe work environments exist, work shall stop until safe conditions are established or restored.

4.4.2.4 Other Permits

4.4.2.4.1 Utilities are responsible for obtaining all required permits from municipal, State, federal agencies, and railroads for all proposed work. It is also the utility's responsibility to obtain all required permits for DelDOT highway construction projects and when the utility or its contractor is performing the relocation work. Examples of these permits include:

4.4.2.4.2 DelDOT will support and cooperate with the utility in obtaining permits when the relocation work is associated with a DelDOT highway construction project.

4.4.2.4.3 The utility will not be responsible for obtaining a sediment and stormwater permit when the utility work is within the highway contractor's limit of construction and the utility is performing the work when the highway contract is active. However, it is the individual utility's responsibility to seed and stabilize all disturbed areas associated with their work in accordance with DNREC regulations upon completion. If the disturbed areas are not properly restored, DelDOT may take further action to obtain compliance as outlined in subsection 4.10 of this regulation. Where authority over the public right-of-way is shared, utilities shall coordinate with all impacted stakeholders having defined maintenance responsibilities or jurisdiction over affected areas or facilities.

4.5 Location of Utility Facilities. When planning utility locations within public rights-of-way, consideration must be given to sound engineering principles, public safety, and economic benefits to the State.

4.5.1 Planning must consider safety and efficiency of maintenance. The following items must also be considered:

4.5.1.1 Minimal Future Project Interference. New utility facilities shall be located to minimize the need for later adjustments to accommodate future highway improvements or other utility installations. The location shall allow for adequate access to the facilities and accommodate future maintenance. In addition to meeting with DelDOT to discuss future projects, the following are sources to check on projects:

4.5.1.2 Minimal Future Interference to Traffic. Consider methods to maintain utility facilities with minimum interference to highway traffic.

4.5.1.3 Safe Traffic Operation and Preservation of Future Space. New longitudinal installations shall be located as close to the right-of-way line as feasible, while maintaining a uniform alignment relative to the centerline of the roadway or traveled way to provide a safe environment for traffic operation and preserve space for future highway improvements or other utility installations.

4.5.1.4 Longitudinal underground utilities will be allowed to be installed and maintained according to the following conditions:

4.5.1.4.1 Existing facilities may remain under paved shoulders or right turn lanes.

4.5.1.4.2 Existing facilities may remain under existing or proposed travel lanes.

4.5.1.4.3 New facilities may be installed under paved shoulders or right turn lanes.

4.5.1.4.4 New facilities shall not be installed under existing or proposed travel lanes.

4.5.1.4.5 Location of at grade features associated with longitudinal underground utilities such as valve and manhole covers will be allowed to follow these stipulations but shall be located outside of the wheel path of vehicles.

4.5.1.4.6 Utilities in subdivision developments and industrial parks shall be located in accordance with subsection 4.5.4.5 of this regulation.

4.5.1.5 Constructing a replacement facility that is functionally equivalent to the existing facility and necessary for continuous operation of the utility service, the project economy, and sequence of highway construction.

4.5.1.6 Design of utility installations shall evaluate redundancies with existing permanent or temporary facilities and limit the number of redundant service laterals or forcemains, except where prohibited by documented citations from applicable regulations. Looping or secondary service mains required for system resiliency and limiting outages shall be permitted on the basis of documented citations from applicable regulations.

4.5.1.7 Proposed installation of larger service mains or forcemains in areas under DelDOT maintenance responsibility shall be accompanied by documented evaluation by the utility owner that any existing service laterals or forcemains have been reviewed for consolidation. Service tees and laterals shall be consolidated to minimize public right-of-way utilization and preserve capacity for future uses.

4.5.1.8 Utility upgrades that change or upgrade infrastructure to make it more modern and efficient, or to remake, revise, renovate, or reconstruct distribution lines shall require appropriate permits.

4.5.1.9 Pole replacement work involving up to 5 contiguous poles on an existing longitudinal alignment may utilize the existing horizontal alignment. See subsection 4.5.4.1.1 of this regulation for relocation requirements along the outside of roadway curves.

4.5.2 General Standards. The following standards apply to all utilities:

4.5.2.1 Retired Facilities and Transferred Facilities

4.5.2.1.1 For underground facilities, the utility shall notify DelDOT of the intention to retire its facilities in place and DelDOT will provide insight. The facilities shall be properly purged and capped if facilities are authorized to be retired in place. The utility shall keep documentation of the facility as being disconnected or retired and shall provide it to DelDOT during coordination of projects. Retired utility facilities within the public right-of-way shall remain the responsibility of the utility unless an executed agreement or other form of written documentation is supplied to DelDOT showing the responsibility was transferred to another franchised entity. See 4.5.2.1.3 for above ground retirement.

4.5.2.1.2 DelDOT shall be notified in advance of proposed ownership transfers of aboveground utility poles and infrastructure when the transfer will change the type of utility that owns the poles. Examples of utility types include electric utilities, telecom utilities, and cable television utilities. Transferred above grade utility facilities within the public right-of-way shall remain the responsibility of the original utility owner until an executed agreement or other form of written documentation is supplied to DelDOT showing the ownership was transferred to another franchised entity.

4.5.2.1.3 Above ground utilities shall not be retired in place without an exception in accordance with subsection 4.9 of this regulation. When a new pole is being installed to replace an existing pole, all utilities shall be transferred from the old pole within 60 calendar days. The owner of the original pole within the DelDOT-maintained portion of the public right-of-way is responsible for ensuring its removal within 10 calendar days of the last utility being removed unless otherwise agreed to by the District Public Works office.

4.5.2.1.4 Proposed in-place-retirement of existing utility facilities that are located in proximity to the utility owner's proposed utility run shall be evaluated by the utility and require justification that in-place-retirement is consistent with the requirements of subsection 4.5.2.1 of this regulation.

4.5.2.1.5 The utility shall also install RFID markers along any subsurface retired facilities at disconnected or capped locations so they can more easily be identified in the future. RFID markers that are programmable are preferred and shall be programmed with utility owner name, contact phone number, facility material type, and facility size at a minimum. In lieu of RFID markers, utilities may supply DelDOT with GIS databases outlining all active and retired utility facilities. Utilities that provide GIS shall provide updated GIS data on an annual basis or more frequently.

4.5.2.1.6 If retired facilities cause issues with the operation, maintenance, or reconstruction of the highway, DelDOT shall notify the utility of this problem and require the facilities be addressed. If maintenance issues persist, DelDOT may give notice to require the removal of all or part of retired utility facilities or the filling of any facility by an approved method and restoration of the DelDOT-maintained portions of public right-of-way. All utility facilities shall be properly purged of material and sealed at all open ends consistent with industry standards and federal, State, and local laws prior to retirement. Any utility facility that is proposed to be retired and removed by the utility owner must be disposed of consistent with industry standards and federal, State, and local laws.

4.5.2.2 ADA. The location of utility facilities and appurtenances shall be in accordance with the Americans with Disabilities Act (ADA) and the DelDOT Pedestrian Accessibility Standards (PAS). Utility Devices and appurtenances shall not be located where they would interfere with the accessibility of facilities nor create a negative impact to the accessibility of the facilities. If the proposed utility work will impact any existing pedestrian facilities, the utility company will be required to bring the impacted pedestrian facilities up to the current, in effect as of time of permitting of the work, DelDOT Pedestrian Accessibility Standards. For examples of ADA responsibility associated with Utility work, see Appendix C, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-C.pdf. Any negative impacts that are created by utilities shall be remediated by the utility. If they are not remediated, non-compliance procedures in accordance with subsection 4.10 of this regulation may be initiated. A utility shall not use the utility exception or deviation procedures outlined in subsection 4.9 of this regulation to avoid compliance with this Section. If a Utility wishes to get an exception from these provisions, a Request for Practical Exception in accordance with the DelDOT PAS shall be required.

4.5.2.3 Lateral Position for Above-ground Facilities with Respect to the Edge of Pavement

4.5.2.3.1 The locations of aboveground utility facilities shall be consistent with the clearances applicable to all roadside obstacles for the type of highway and project involved.

4.5.2.3.1.1 For Permit Work

4.5.2.3.1.1.1 Utilities shall select above ground facility locations that are outside of the clear zone and as near to the public right-of-way line as feasible. If the width of the clear zone exceeds the available public right-of-way, including any relevant easements, then the effective clear zone shall be applied instead of the clear zone. Fixed objects within the public right-of-way shall be delineated in accordance with subsection 4.5.2.3.6 of this regulation.

4.5.2.3.1.1.2 Placement of new utility facilities and replacement of existing utility facilities shall be planned to preserve the existing effective clear zone. When determining placement of obstructions, proposed reductions of the existing effective clear zone on the basis of cross arms or maintenance buffers shall not be approved.

4.5.2.3.1.1.3 When substantial upgrade work is proposed, it shall be considered a new service installation per subsection 4.2.1.2 of this regulation and utility shall evaluate lateral positioning. Where replacement facilities are substantially larger, efforts shall be made to position them further from travel lane.

4.5.2.3.1.1.4 Where an additional public right-of-way is available or acquired, utilities shall evaluate relocation in accordance with subsection 4.5.2.3.1.1.1 of this regulation.

4.5.2.3.1.2 For DelDOT Highway Construction Projects, The clear zone will be depicted on the DelDOT construction plans and shall be considered as part of the utility review and design, unless otherwise justified in writing by the DelDOT design team.

4.5.2.3.2 Within clear zones on constrained existing roadways where public rights-of-way are of minimum width, consideration shall be given to utility pole line designs employing vertical alignment of wires, cantilevered cross arms, or other designs permitted under the National Electrical Safety Code, when designs will facilitate compliance with the above provisions and those designs are consistent with sound engineering and economic considerations. Refer to subsection 4.5.4.1.3 of this regulation for incorporated areas also referred to as urban environments.

4.5.2.3.3 If locating appurtenances protruding more than 4 inches above the ground line out of the clear zone is not feasible, the appurtenances, including fire hydrants, shall meet breakaway criteria, unless located as close to the public right-of-way line as feasible. Breakaway devices must be certified as meeting the breakaway characteristics established by AASHTO Manual for Assessing Safety Hardware (MASH), National Cooperative Highway Research Program (NCHRP), or FHWA. Appurtenances protruding more than 4 inches that are breakaway shall be located to meet the lateral offset distances established in the AASHTO Roadside Design Guide and shall not be located less than 1.5 feet from the face of curb.

4.5.2.3.4 If utilizing breakaway devices or relocating above-ground appurtenances, such as utility poles, out of the clear zone is not feasible, then they shall be located as close to the public right-of-way line as feasible.

4.5.2.3.5 An exception request shall not be required if the appurtenances are located as close to the public right-of-way line as feasible and the clear zone extends beyond the existing public right-of-way line.

4.5.2.3.6 Utility poles that are placed within the public right-of-way shall be properly delineated unless it can be documented that the fixed object is further from the travel lane than the applicable clear zone based on the highway characteristics. Delineation shall be either a 6-inch-tall solid yellow retroreflective band installed around the utility pole or a 6-inch wide by 12 inches tall vertical rectangular object marker with solid yellow retroreflective sheeting. If an object marker is used, 1 shall be used on each side of the utility pole facing approaching traffic. The marker must be placed between 4 and 5 feet above the ground.

4.5.2.4 Perpendicular Crossings. Underground utility lines shall cross the highway on a line perpendicular to the highway alignment.

4.5.2.5 Delineators. All appurtenances existing outside of the paved surface and protruding from the ground greater than 1 inch, but less than 24 inches shall be properly delineated so that they are visible during mowing operations. The delineator shall extend a minimum of 36 inches above grade and be constructed of a durable, UV resistant, flexible material that will not pose a hazardous condition to a vehicle or bystander if struck. It shall provide assured long-term outdoor durability, provide impact resistance, be colored in accordance with the American Public Works Association (APWA) color code for the associated utility, and contain a label with utility company, contact number, and facility information clearly identified. The delineator shall be a permanent installation with the base embedded at least 18 inches into the ground. Maintenance of the delineator and replacement when delineators are no longer functional shall be the responsibility of the utility company. Maintenance includes the requirement to keep the delineator free of vegetative growth and otherwise freely visible and unobstructed.

4.5.2.6 Ownership. The utility is responsible for the maintenance and relocation of all facilities located within DelDOT-maintained portions of public right-of-way whether facilities are active or retired. Ownership of facilities located within the DelDOT-maintained portions of public right-of-way shall not be transferred to individual property owners.

4.5.3 Highways with Fully Controlled Access. Delaware highways with full access control include interstate, expressway, and freeway, as defined by the functional classification.

4.5.3.1 Crossings. Underground crossings may be allowed if it is determined the crossing and installation does not affect safety. Aerial crossings are not permitted. Where a utility company has no alternative but to aerially cross a highway with fully controlled access, the company must follow the exception process described in subsection 4.9 of this regulation. Utilities granted an exception for new aerial utility line crossings shall utilize existing aerial crossing locations and combine crossings whenever feasible.

4.5.3.2 Lateral Positioning

4.5.3.2.1 Longitudinal installations of utilities shall not be permitted on fully controlled access highways. Areas outside of denial of access lines, and frontage roads where provided, may be used for placement of utilities with the approval of DelDOT.

4.5.3.2.2 Utilities located on existing DelDOT-maintained portions of public rights-of-way, where the highway facility is being upgraded to a fully controlled access highway, shall be moved outside of the public rights-of-way of the fully controlled access highway.

4.5.3.2.3 Utilities Along Highways that Cross a Fully Controlled Access Highway. Where a utility follows a highway that intersects and crosses a fully controlled access highway, the utility shall cross the fully controlled access highway at the location of the intersecting highway, and generally along the alignment of the intersecting highway. The utility shall be serviced without access from the fully controlled access highway. All work is subject to State and FHWA regulations in effect at the time.

4.5.4 Highways. On highways, preference is given to through traffic to a degree that, in addition to access connections with selected public roads, there may also be some other roads crossing at grade as well as some private driveway connections.

4.5.4.1 Aboveground Utilities Along Highways - Lateral Positioning. The following constraints apply to the location of any aboveground facilities along DelDOT-maintained portions of public right-of-way. Utilities can submit exceptions to these requirements for DelDOT consideration in accordance with subsection 4.9 of this regulation. At grade and above ground utilities protruding greater than 4 inches, placed longitudinally on DelDOT-maintained portions of public right-of-way, shall be positioned in accordance with subsection 4.5.2.3 of this regulation.

4.5.4.1.1 Curves. Aboveground installations shall not be placed on the outside of curves on roadways where the speed limit is above 30 miles per hour. Existing aboveground utility facilities currently located within the adjusted clear zone on the outside of a curve shall be replaced with underground facilities or relocated outside of the adjusted clear zone when the utility performs utility reconstruction or infrastructure upgrades.

4.5.4.1.2 Daylight Corners, Medians, and Traffic Islands. Aboveground features such as poles, guys, enclosures, etc. shall not be placed in corner cuts ("daylight corners") or medians or on traffic islands.

4.5.4.1.3 Incorporated Areas. In incorporated areas, including urban areas, aboveground utilities shall be coordinated with local municipality permitting requirements and placed as close as feasible to the public right-of-way line. See subsection 4.5.2.3 of this regulation for longitudinal alignment standards. In curbed sections, the utilities shall be located as far as possible behind the curb and in compliance with the ADA and the DelDOT PAS. Utility facilities shall not be closer than the lateral offset established in the AASHTO Roadside Design Guide.

4.5.4.1.4 Occupy One Side of the Roadway. Every effort shall be made to place a single utility's at-grade or underground facilities on 1 side of the roadway. DelDOT will not issue a Utility Construction Permit authorizing the placement of utility facilities by the same company along both sides of a highway absent an authorized exception. Aerial utility lines owned by the same company may be placed on both sides of a roadway if poles exist on both sides of the highway regardless of pole ownership.

4.5.4.1.5 Pole Foundations. When pole foundations will be utilized, the utility shall submit foundation designs signed and sealed by a licensed Delaware professional engineer with the permit application.

4.5.4.1.6 Slopes and Ditches. Poles, guys, stub poles, or other utility equipment or utility structures may not be placed in front slopes or ditch bottoms.

4.5.4.1.7 Joint-Use Single-Pole Construction. Joint-use single-pole construction shall be used at locations where more than 1 utility or type of facility is involved. The pole owner shall ensure that the pole is sized in accordance with industry standards to allow space for existing and future joint-use utility facilities. Note: The holder of a franchise shall not grant permission to another utility facility to jointly occupy its pole line without the other utility providing the pole owner with a copy of their executed DelDOT master franchise or verification from the District Public Works office or the DelDOT utilities engineer of having an executed master franchise agreement on file with DelDOT.

4.5.4.1.8 Spacing. Pole line designs shall be performed to maximize pole spacing and limit the quantity of poles utilized.

4.5.4.1.9 Shared Use Paths. Poles, guys, stub poles, or other above ground utility equipment or utility structures shall not be located closer than 2 feet from any shared use path edge of pavement. See subsection 4.5.4.2.3 of this regulation for overhead clearance requirements.

4.5.4.2 Utilities Along Highways - Vertical Positioning

4.5.4.2.1 Overhead electric power and communications structures, lines and cables shall be installed in compliance with the National Electrical Safety Code.

4.5.4.2.2 Aerial utility line crossings shall be allowed on all highways except those with fully controlled access. Utilities proposing new aerial utility line crossings shall utilize existing aerial crossing locations and combine crossings whenever feasible.

4.5.4.2.3 Aerial utility lines crossing a highway, subdivision entrance or commercial entrance shall provide at least 18 feet of clearance at maximum sag conditions. Clearance over railroads shall be at least 23.5 feet at maximum sag conditions. Clearance over sidewalks shall be at least 80 inches at maximum sag conditions. Clearance over shared use paths shall be at least 120 inches at maximum sag conditions.

4.5.4.2.4 Appropriate clearances from signal poles and street lighting shall also be maintained, as applicable codes require. DelDOT may request greater clearances due to construction and maintenance practices or other circumstances affiliated with proposed work or site conditions.

4.5.4.2.5 Utility companies are responsible for moving their utility facilities to eliminate any existing or proposed visual obstruction or interference to any traffic control device. This includes moving structures, overhead lines and cables, splice boxes, enclosures, and other appurtenances in order to provide adequate visibility of a traffic control device and to maintain safety clearances required in applicable laws, codes, or regulations.

4.5.4.3 Historic Sites, Scenic Areas, Parks, etc.

4.5.4.3.1 Aboveground utility installations, including those needed for highway purposes such as highway lighting or to serve a weigh station, rest area, or recreation area, are not permitted on highway rights-of-way or other lands which are acquired or improved with federal aid or direct federal highway funds and are located within or adjacent to areas of scenic enhancement and natural beauty.

4.5.4.3.2 These areas include public parks and recreational lands, wildlife and waterfowl refuges, historic sites as described in 23 U.S.C. §138, scenic strips, overlooks, rest areas, and landscaped areas.

4.5.4.3.3 DelDOT may permit exceptions provided that the conditions described in the current program guide utility relocation and accommodation on federal-aid highway projects are met.

4.5.4.3.4 Relocation of pre-existing utility facilities from overhead to underground is subject to reimbursement within the guidelines described in Section 6.0 of this regulation for DelDOT highway construction projects.

4.5.4.4 Utilities in Denial-of-Access. Where DelDOT has established a denial-of-access, entrances, either improved or unimproved, to access utilities facilities shall not be permitted.

4.5.4.5 State Maintained Streets in Subdivision Developments and Industrial Parks

4.5.4.5.1 Subdivision and Industrial Streets Not Yet Accepted for State Maintenance. DelDOT permits are required for activities within portions of the subdivision or industrial streets that are located within right-of-way dedicated to public use and are proposed to be DelDOT-maintained upon completion of DelDOT's street acceptance process. The subdivision or industrial park developer shall be responsible for submitting utility installation site plans to District Public Works for review and approval prior to commencement of street construction and prior to utility installation.

4.5.4.5.2 A utility shall obtain a utility construction permit for work within portions of new subdivision developments or new industrial parks that are located within right-of-way dedicated to public use and are proposed to be DelDOT-maintained upon completion of DelDOT's street acceptance process. All utilities shall install facilities in accordance with this regulation and all applicable Federal, State, and local requirements. Upon completion and acceptance of the subdivision or industrial streets, the utilities that are located within the DelDOT-maintained portions of right-of-way dedicated to public use shall be franchised in accordance with the existing master franchise for each utility.

4.5.4.5.3 Utilities in subdivision developments or industrial parks must be located according to the following standards:

4.5.4.5.3.1 Utilities will be allowed within the right-of-way dedicated to public use, outside of the paved surface, typically between the dedicated right-of-way line and the curb or edge of pavement.

4.5.4.5.3.2 If sanitary sewers cannot be located outside of the roadway, they may be allowed under pavement but should not be located under the wheel path. Sanitary sewer manholes may be placed along the center of the roadway. Service lines may cross under the paved area to connect residences with main lines.

4.5.4.5.4 Subdivision Streets and Industrial Streets Accepted for State Maintenance, Utility construction permits are required for utility activities that physically disturb DelDOT-maintained portions of existing subdivision streets and industrial streets including select roadside areas determined to be under DelDOT's maintenance responsibility or jurisdiction as designated by specific street acceptance agreement or other DelDOT authorized agreement. Existing underground utilities will be permitted to remain in place in subdivisions with streets currently maintained by DelDOT. However, any utilities that are upgraded shall be located per subsection 4.6 of this regulation.

4.6 Underground Installations

4.6.1 Underground Utilities Crossing Highways

4.6.1.1 Utility crossings in deep cuts, near bridge and retaining wall footings, in wet or rocky terrain where it is difficult to obtain minimum cover, and at highway cross drains where flow of water, drift, or streambed load may be obstructed are not preferred. Utility Crossings shall be located in accordance with the following conditions:

4.6.1.1.1 Placements are prohibited where attaining minimum cover would be jeopardized due to anticipated or encountered field conditions.

4.6.1.1.2 Placements are prohibited from running through paved or unpaved berm slopes under structures, and related sub-grade materials. Including placements that would pass under or through retaining walls or their foundations.

4.6.1.1.3 Underground utility lines shall not cross laterally within 50 feet of a regulated bridge, including attached retaining walls, or dam, including earthen dams.

4.6.1.1.4 Underground utility facilities shall not be located above corrugated metal pipes. See subsection 4.5 of this regulation for more information regarding crossings of highways. Refer to subsection 4.6.4 of this regulation for more information regarding pipelines.

4.6.1.1.5 Except where prohibited by documented citations from applicable regulations, utilities shall coordinate and collocate facilities in joint trenches, conduit runs, or duct banks.

4.6.2 Underground Clearances and Depth of Cover

4.6.2.1 Vertical and horizontal clearances between utilities shall conform to the utility codes cited in subsection 4.4.2 of this regulation and any other applicable industry codes and standards. Utilities shall provide 24 inches minimum clearance from DelDOT drainage pipes and drainage structures.

4.6.2.2 Depth of cover shall conform to the utility codes cited in subsection 4.4.2 of this regulation, the requirements in subsection 4.6 of this regulation, and any other applicable codes and regulations.

4.6.2.3 Minimum depth of cover for all installations under the roadway is 42 inches below the finished paved surface of the highway.

4.6.2.3.1 The critical control for the depth of cover on a crossing is the low point in the highway cross-section. Normally, this is the bottom of the longitudinal ditch.

4.6.2.3.2 Facilities crossing ditches must be placed at least 24 inches below the ditch flow line.

4.6.2.3.3 Underground facilities shall be in the subgrade material and shall not be in the pavement box. Regardless of the minimum depth of cover requirements, if the depth of the pavement box is greater than the minimum cover, greater cover shall be required.

4.6.2.3.4 DelDOT may request greater cover in some instances due to the type of highway construction or other circumstances affiliated with proposed work or site conditions.

4.6.2.3.5 Additional protection shall be provided for any facility with less than minimal cover. These measures shall provide physical protection to facilities using suitable casing, encasement, bridging or concrete slabs.

4.6.2.4 Longitudinal. Pipelines in the DelDOT-maintained portions of public right-of-way outside of the roadway must be placed at least 24 inches below the surface. When installed via open cutting, the nearest edge of the trench is to be at least 5 feet from the edge of pavement or back of curb line.

4.6.2.5 When crossing a highway perpendicularly, whichever depth requirement from subsection 4.6.2.3 or 4.6.2.4 of this regulation is more stringent applies.

4.6.3 Installation Methods

4.6.3.1 Trenchless Methods

4.6.3.1.1 Trenchless methods are the preferred option to limit open cutting of roadways for the purpose of working on or installing new underground facilities. Utilities shall provide construction plans for proposed trenchless operations for approval by the District Public Works Section when applying for a utility construction permit. For DelDOT highway projects, construction plans shall be provided to the utility coordinator assigned to the project prior to approval of the proposed operations.

4.6.3.1.2 Pits for underground installations are not permitted in existing pavement or a proposed paving area. The pits shall be excavated no closer to the roadway than 5 feet from the edge of an improved shoulder. Where the shoulder is dirt or grass, the pit excavation shall remain at least 10 feet from the edge of pavement. For curb-and-gutter sections, pits must be a minimum of 5 feet from the back of the curb.

4.6.3.1.3 When adequate shoring is detailed in design and utilized in construction, pits may be 2 feet from the edge of the pavement through an approved exception.

4.6.3.2 Open Cutting

4.6.3.2.1 The open cutting of a roadway for the purpose of working on or installing new underground facilities is reserved as a secondary method for installation when trenchless methods are not feasible. Open cutting of any roadway may not be permitted for at least 5 years after construction, resurfacing or reconstruction.

4.6.3.2.2 In the event open cutting is allowed, the utility shall restore the area in accordance with subsection 4.8 of this regulation.

4.6.3.2.3 Utilities shall not cover open trenches with steel plates between November 1 and March 31.

4.6.3.3 Locatability

4.6.3.3.1 Installations of non-metallic conduit or pipe shall include a tracer material that is detectable by locating devices. Non-metallic gravity sanitary sewer systems where manholes are present and accessible are exempt from this requirement.

4.6.3.3.2 Metal tape shall not be used as tracer wire.

4.6.3.3.3 It is the utility's responsibility to ensure all non-metallic facilities are detectable after installation is complete and shall demonstrate it is traceable to DelDOT.

4.6.3.3.4 If the facilities are not detectable, DelDOT shall require further action which may include removal of facilities.

4.6.3.3.5 Locatability of retired facilities shall be in accordance with subsection 4.5.2.1 of this regulation.

4.6.3.4 As-Builts

4.6.3.4.1 As-built plans shall be submitted to the District Public Works office or utility engineer for all underground installations upon completion of the work.

4.6.3.4.2 As-built plans shall portray the size, type, and material of the facilities along with the horizontal and vertical location.

4.6.3.4.3 In lieu of as-builts, utilities may supply DelDOT with GIS databases outlining all active and retired utility facilities. If GIS data is provided, the utility shall provide updated GIS data on an annual basis or more frequently.

4.6.3.4.4 If GIS database or as-builts are not provided, DelDOT may take further action to obtain compliance as outlined in subsection 4.10 of this regulation.

4.6.4 Pipelines

4.6.4.1 All pipeline installations shall conform to the applicable regulations pertaining to the type of installation being constructed. DelDOT considers vents, drains, markers, manholes, and shutoffs as parts of pipeline installations.

4.6.4.1.1 Permits. Utilities shall obtain approval from the District Public Works Office for any new pipeline or anticipated change to the current design or operation of a pipeline. The permit application shall specify the applicable codes to be used.

4.6.4.1.2 Except for gravity sanitary sewer where manholes are present and accessible, all newly installed facilities shall be locatable. See subsection 4.6.3.3 of this regulation on non-metallic pipe for more details.

4.6.4.1.3 Placement of Pipeline. When pipelines are installed longitudinally, the pipeline shall be located on a uniform alignment relative to the centerline of the roadway or traveled way and outside of the roadway. The placement shall not interfere with highway drainage or with the structural integrity of the traveled way, shoulders, or embankment.

4.6.4.2 Pipeline Crossings

4.6.4.2.1 Pipe, conduit, sewer, or other similar facility shall not be placed inside or through any drainage pipe, inlet, junction box, etc. Neither shall objects be placed across the ends of any drainage pipe or culvert to obstruct the flow of water.

4.6.4.2.2 Pipelines crossing streams, wetlands, or other bodies of water shall be located in accordance with applicable regulatory permit requirements. See subsection 4.4.2.10 of this regulation.

4.6.4.3 Pipeline Appurtenances

4.6.4.3.1 Manholes. Manholes may not be in the traveled way or centerline of any highways except in subdivisions as outlined in subsection 4.5.4.5 of this regulation. Installations shall avoid intersections. Manholes shall be designed and located so that they will not interfere with other utilities and planned highway expansion. Manholes shall not be in the flow line of ditches, within the curb line, or the wheel path of traffic. All manholes shall be flush with the finished grade.

4.6.4.3.2 Valves. Isolation valves shall be placed at or near the ends of regulated bridge structures. Automatic shut-off valves shall be preferred. Valves and valve access points shall be placed outside of existing pedestrian access routes, existing shared use paths, and shall not be located within the curb line. Isolation valves are not required at other structures maintained by DelDOT including above-ground structures like sign structures, streetlights, and camera poles and underground facilities such as drainage pipes, inlets, junction boxes, and manholes.

4.6.4.3.3 Underground enclosures subject to periodic or potential wheel loading conditions, including areas within the unpaved portions of the public right-of-way that are not behind stand-up curb, shall meet AASHTO HS-20 traffic loading criteria.

4.6.4.4 Pipeline Installation

4.6.4.4.1 Pipeline crossings in the right-of-way via a use and occupancy agreement shall be identified by delineators as described in subsection 4.5.2.5 of this regulation.

4.6.4.4.2 Pressurized pipelines shall be pressure-tested to assure they are watertight, if applicable, and completely without leaks. See subsection 4.4.2.4 of this regulation, Pressurized Pipelines.

4.6.4.4.3 Hazardous Transmittants. Crossings by pipelines carrying a hazardous liquid (as defined in Code of Federal Regulations Title 49 Part 195.2) or liquefied gas (including propane) or other hazardous material as listed in Code of Federal Regulations Title 49 Part 172 shall not be allowed. Natural gas pipelines, however, will be allowed via the permit review and approval process through the District Public Works office.

4.6.4.5 Casings. DelDOT requires casings or encasements under the following circumstances:

4.6.4.5.1 All crossings of fully controlled access highway (interstate highways, toll roads, freeways) shall be cased or encased.

4.6.4.5.2 All crossings of existing or proposed arterial and collector roadways shall be cased or encased. Arterial and collector roadways are identified on the DelDOT Functional Classification Maps.

4.6.4.5.3 Casings or encasement are required for proposed utility crossings of existing or proposed major entrances to commercial facilities or residential subdivisions and dead-end streets regardless of the functional classification. Where commercial facilities or residential subdivisions have more than 1 entrance, requirement for casing may be waived.

4.6.4.5.4 Jacked or bored installations of coated carrier pipes shall be cased.

4.6.4.5.5 Encasement, a sleeve, or other suitable protection shall be given for any pipeline with less than minimum cover, across unstable or subsiding ground, or near other locations where hazardous conditions may exist.

4.6.4.5.6 An exception request shall not be required under the following conditions:

4.6.4.5.6.1 Where cathodically protected welded steel pipe, designed in accordance with loading and sizing requirement of subsection 4.6.4.5.6, is used as carrier pipe, casing or encasement is not required.

4.6.4.5.6.2 Utility crossings of carriers less than 2 inches in diameter are not required to provide casing or encasement.

4.6.4.5.6.3 Where carrier pipes have been designed to support the load of the highway plus superimposed loads thereon when the pipe is operated under all ranges of pressure from maximum internal to 0 pressure, casing may be waived. These installations should employ a higher factor of safety in the design, construction and testing than would normally be employed for typical carrier construction.

4.6.4.6 Casing Placement

4.6.4.6.1 Casings shall extend at least 5 feet beyond the curb, pavement, projected fill slopes, or ditch lines to assure proper support of roadways during any repairs to pipelines. For all access-controlled highways, the casing shall extend from public right-of-way line to public right-of-way line.

4.6.4.6.2 If necessary, the utility shall acquire enough right-of-way or private easements to remove or replace the utilities.

4.6.4.7 Casing Types

4.6.4.7.1 Casings shall be designed to support the load of the highway and superimposed loads thereon and at least equal the structural requirements for highway drainage facilities. Corrugated materials shall not be allowed.

4.6.4.7.2 Hazardous Transmittants. The casings for facilities transmitting hazardous materials shall be of steel pipe of standard manufacture. The joints shall be welded or fused sealed around the entire circumference of the pipe as industry standards and regulations allow. Natural gas facilities may be cased with polyethylene pipe of a design to sustain the live and dead loads currently used in Delaware highway design.

4.6.4.7.3 Non-Hazardous Transmittants. The casings for facilities transmitting non-hazardous materials shall be of a design to sustain the live and dead loads currently used in Delaware highway design. Materials include steel pipe, reinforced concrete pipe, cast iron pipe, polyethylene pipe, fused PVC, and ductile iron pipe.

4.6.4.8 Casing Installation

4.6.4.8.1 All pipeline installations shall conform to the applicable regulations pertaining to the type of installation being constructed.

4.6.4.8.2 Other requirements for installation are as follows:

4.6.4.8.2.1 Sealing of Casing. Casing pipe over 4 inches in diameter shall be sealed at the ends with a flexible material to prevent flowing water and debris from entering the annular space between the casing and the carrier. Where carrier pipes that carry hazardous transmittance are cased, the casing pipes shall be provided with a screened vent on each end that is as near as feasible to the public right-of-way boundaries. Sealing of casings is required where daylight drains are not permitted due to type of transmittant or lack of approved outfall location.

4.6.4.8.2.2 Drains. Drains shall be provided for casings and tunnels enclosing carrier pipes, containing liquid, liquefied gas, or heavy gas, where daylight drains to an approved outfall location are permitted for the type of transmittant. Drains may not outfall into roadside ditches. Outfall may not be used as a wasteway for purging the carrier unless specifically authorized by a National Pollutant Discharge Elimination System (NPDES) permit.

4.6.4.8.2.3 Vents. Where carrier pipes that carry combustibles are cased, the casing pipes shall be provided with screened vents that are as near as feasible to the public right-of-way lines and placed in accordance with subsection 4.5.2.3 of this regulation. Other requirements are as follows:

4.6.4.8.2.3.1 Vents required for cased pipes shall be located at the high end of casings less than 150 feet long and at both ends of casings longer than 150 feet.

4.6.4.8.2.3.2 Vent standpipes and warning markers shall be located and constructed so as not to interfere with the maintenance of the highway nor be concealed by vegetation.

4.6.5 Electric, Communication and Cable Television

4.6.5.1 The requirements discussed in subsection 4.6 of this regulation describing installations and maintenance of pipelines crossing highway rights-of-way as related to casings, markers, and installations shall be applied to underground electric, cable television, and communications lines.

4.6.5.2 Burial Methods. Where the burying of cable is permitted along the edge of pavement, it may be done by plowing or trenching methods. The nearest edge of the trench shall be at least 5 feet from the edge of the pavement. Plowing or trenching for longitudinal installations shall be located on a uniform alignment relative to the centerline of the roadway or traveled way between intersecting roads. Except where prohibited by documented citations from applicable regulations, utilities shall coordinate and collocate facilities in joint trenches, conduit runs, or duct banks.

4.7 Attachments to Bridges and Other DelDOT Highway or Ancillary Structures

4.7.1 General

4.7.1.1 Attaching utility facilities to a highway structure can materially affect the structure, the safe operation of traffic, and the efficiency of maintenance, safety inspections, and structural repairs.

4.7.1.2 New attachments of utility facilities shall not be allowed on existing structures. If a utility believes there is no feasible alternative the exception process outlined in subsection 4.9 of this regulation shall be followed.

4.7.1.3 Utility facilities shall not be attached to ancillary structures owned or maintained by DelDOT including above-ground structures like sign structures, streetlights, and camera poles.

4.7.1.4 DelDOT may enter into an agreement to reimburse the utility to design and inspect facility support and protection during DelDOT projects as described in subsection 6.3 of this regulation. Refer to the OSHA Technical Manual for requirements.

4.7.1.5 The utility shall have an executed utility attachment agreement prior to attaching any utility to a DelDOT highway or ancillary structure.

4.7.2 Structure Reconstruction and New Construction. If attachment is allowed, the utility shall agree to the terms of the attachment as dictated by DelDOT and outlined in an executed utility attachment agreement. Terms shall include reimbursement responsibilities and contractor selection. See Section 6.0 of this regulation for requirements associated with DelDOT highway construction projects.

4.7.3 Existing Structures. The following policies apply to utilities on existing structures:

4.7.3.1 Existing utilities attached to a structure can remain if they are not impacted by a DelDOT project.

4.7.3.2 Existing utilities shall be relocated off the structure if DelDOT's project requires either temporary or permanent relocation.

4.7.3.3 Any utility that plans to replace a facility attached to a structure shall relocate the facility off the structure.

4.7.3.4 The utility shall submit their choice of contractor to the District Public Works Engineer or designee on its choice of contractor and have the District Public Works Engineer's consent. The utility shall pay for DelDOT inspection, and DelDOT inspector on site during the construction.

4.7.3.5 Utilities may request exception for attached facilities in accordance with the exception procedures outlined in subsection 4.9 of this regulation.

4.8 Preservation and Restoration

4.8.1 Preservation

4.8.1.1 Utilities shall get a permit for spraying, cutting, and trimming trees and vegetation located within DelDOT-maintained portions of public rights-of-way.

4.8.1.2 Where tree or vegetation removal is permitted, stumps and associated root mat shall be removed, and the resulting holes shall be properly backfilled in accordance with the DelDOT Standard Specifications. Requirements for tree removal may be different within the limits of a State-regulated dam and shall be coordinated with the DNREC Dam Safety Engineer.

4.8.1.3 When working under a permit for spraying, cutting, or trimming trees or vegetation, utilities shall follow the ANSI Standard A300 (Part 1) 2017 entitled Tree Care Operations - Tree, Shrub and Other Woody Plant Maintenance - Standard Practices for vegetation management.

4.8.1.4 For all utility related projects and maintenance activities on existing highway alignments, tree removal or vegetation within DelDOT-maintained portions of public right-of-way shall be avoided where feasible. Utilities shall evaluate the potential for any removed trees to be replaced, within suitable areas of DelDOT-maintained portions of public right-of-way, in accordance with 17 Del.C. §§ 201-211. Trees or other unapproved vegetation will not be allowed to be replanted within the limits of a State-regulated dam.

4.8.1.5 Utilities shall ensure that appropriate erosion control devices are in place before work starts and properly maintained during construction. The surface area disturbed by utility installations or relocations shall be kept to a minimum.

4.8.1.6 Utility installations shall be performed in a manner as to not disturb the existing highway or private drainage facilities. Any damage to the facilities by the utility company or its subcontractors shall be repaired to the satisfaction of DelDOT at the utility company's expense.

4.8.1.7 Utilities shall provide protection for all elements in the public right-of-way and shall repair anything damaged within the DelDOT-maintained portions of public right-of-way.

4.8.2 Restoration

4.8.2.1 Damage to highway traveled way, shoulders, and drainage features caused by utility installations or repairs shall be immediately restored to their original condition unless conditions such as cold weather warrant temporary restoration. Temporary restoration is required prior to reopening an area to traffic at the end of a construction phase or work shift. The temporary roadway restoration shall be performed immediately to ensure a drivable condition with asphalt pavement material and made flush with the surface of the roadway or as otherwise agreed to by the District Public Works Office for permit projects. The utility shall complete all permanent restoration within 30 days, or as directed by the Public Works Engineer. If utilities have not completed restoration within 30 days, noncompliance regulations as discussed in subsection 4.10 of this regulation will take effect. Temporary patches from winter months shall be permanently restored by May 15 before noncompliance action as outlined in subsection 4.10 of this regulation will be taken. Damage to roadside areas in the DelDOT-maintained portions of public right-of-way shall be repaired as specified by the District Public Works Section.

4.8.2.2 Restoration is also necessary when utilities are working on active DelDOT highway construction projects. The construction engineer will determine any necessary repairs and timeframes for work associated with active DelDOT highway construction projects. A project is considered active until DelDOT's final acceptance, after which it is considered complete.

4.8.2.3 Utilities shall restore any damaged areas to a state equivalent to or better than roadway conditions prior to utility work. Utility restoration work that involves pedestrian facilities must comply with the additional ADA requirements of subsection 4.5.2.2 of this regulation. For examples of ADA responsibility associated with Utility restoration work, see Appendix C, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-C.pdf. In all cases, the District Public Works Section will determine the extent of restoration required for the area of permit projects located within DelDOT-maintained portions of public rights-of-way. Utilities will conduct all work at their expense and in accordance with the appropriate DelDOT Standard Specifications and Standard Construction Details.

4.8.2.4 After satisfactory completion, utilities shall maintain non-pavement restoration for 12 months. Furthermore, utilities must maintain pavement patches in areas impacted by utility work including Pedestrian Access Routes (PAR) such as sidewalks for a period of 3 years.

4.8.2.5 Traveled Way - General. To maintain traffic, not more than 1 lane of traffic shall be closed at a time whenever a traveled way is cut unless a detour plan is approved by DelDOT to allow the highway to be closed. All crossroad cuts for utilities will be made perpendicular to the longitudinal centerline of the traveled way, and trenches shall be cut to have vertical faces where soil and depth conditions permit. All roadway patches shall meet the requirements outlined for permanent patches in the DelDOT Standard Construction Details and Standard Specifications. Patches shall match the applicable detail for the existing pavement material cross section, extend the required minimum length from the outside edges of the pipe (as measured along the roadway centerline) and include the full width of the lane or lanes disturbed. To ensure integrity of the roadway and to minimize future maintenance issues, the District Public Works or DelDOT Construction personnel may require pavement restoration areas to be extended beyond what is outlined in the Standard Construction Details if there are multiple cuts in roadways within proximity to one another. DelDOT can require resurfacing of the roadway up to a maximum of 100 feet (as measured along the roadway centerline) on each side of a trench crossing a highway to tie into an existing joint line. Any lane encroachment of 1 foot or more requires restoration of the full lane width. Before reopening the lane, the area shall be made usable for traffic.

4.8.2.6 Flowable Fill. Flowable fill can be used for restoration of crossroad cuts with approval from DelDOT. Flowable fill shall meet the requirements of DelDOT's Standard Specifications. Flowable fill shall not be used around flexible pipes unless stone is placed 1 foot around and above the flexible pipe.

4.8.2.7 Temporary Highway Patches

4.8.2.7.1 If immediate repairs to the traveled way are not feasible and if the District Public Works Section concurs, a temporary patch may be used until permanent repairs are completed. The minimum design requirements for temporary patches include at least 8 inches of compacted graded aggregate overlaid by at least 2 inches of Type C asphalt pavement material. When weather conditions prohibit the use of this mix, District Public Works may approve 10 inches of compacted graded aggregate overlaid by at least 2 inches of cold patch mix in certain locations. In all cases, greater patch sections may be required by the district engineer, the utilities engineer, or the Construction Section.

4.8.2.7.2 Trench width and backfill requirements shall meet those outlined for permanent patches in the DelDOT Standard Construction Details and Standard Specifications.

4.8.2.8 Surface Treatments and Patches

4.8.2.8.1 Permanent crossroad or longitudinal utility patches for surface-treated asphalt pavement, portland cement concrete (PCC) pavement and asphalt pavement overlays on PCC pavements shall be as described in the DelDOT Standard Specifications and in accordance with the DelDOT Standard Construction Details. These are minimum patch requirements unless otherwise directed by the District Public Works office for permits, or the DelDOT Utility Section or the DelDOT Construction Section for work associated with DelDOT Highway Construction Projects. If the existing roadway has a thicker cross section than indicated in the detail, it shall be replaced with the same cross section or as directed by the District Public Works Section for permit work, or the DelDOT Utility Section or the DelDOT Construction Section for DelDOT Highway Construction Projects.

4.8.2.8.2 The compaction requirements for both the patch material and the backfill material are covered in DelDOT's Standard Specifications.

4.8.2.8.3 An appropriate saw shall be used to make a vertical, full depth cut in the pavement to ensure a straight, clean, vertical surface.

4.8.2.9 Roadsides

4.8.2.9.1 All areas disturbed in the DelDOT-maintained portions of public right-of-way shall be restored to conditions at least equivalent to those existing prior to construction or utility work. Utility restoration work that involves pedestrian facilities must comply with the additional ADA requirements of subsection 4.5.2.2 of this regulation. For examples of ADA responsibility associated with Utility restoration work, see Appendix C, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-C.pdf. The restoration shall occur as soon as the work is completed. For projects that are longitudinal, the restoration shall occur in order with installation. Areas not restored within 30 days of disturbance will be considered non-compliant, unless prior approval for delayed restoration has been obtained from the District Public Works Section for permit work, or the DelDOT Utility Section or DelDOT Construction for DelDOT highway construction projects.

4.8.2.9.2 Trenching, pipe bedding and permanent patching shall be done in accordance with the DelDOT Standard Construction Details.

4.8.2.9.3 Trenches shall be backfilled or covered immediately after installation of the utility facility. They may not be left open overnight because they pose a hazard to the public. Steel plates may be utilized in accordance with the DelDOT Standard Construction Details including restrictions on dates of use.

4.8.2.9.4 The backfill material and compaction method shall meet the requirements of the DelDOT Standard Specifications.

4.8.2.9.5 Excavated material not meeting the requirements for backfill shall be removed from the area immediately after excavation. Material that is satisfactory for backfill shall be stockpiled in a safe and orderly manner. For permit work, District Public Works can approve storage on the roadway if necessary. For work related to a DelDOT highway project, DelDOT Construction can approve. Material stockpiled in the immediate work area shall not pose a hazard to the traveling public. All materials shall be stockpiled in accordance with the rules established by the DE MUTCD.

4.8.2.9.6 The utility company shall be responsible for the removal and disposal of all unsuitable material. The utility company shall be responsible for supplying and installing suitable material.

4.8.2.10 Manholes and Valve Boxes

4.8.2.10.1 Where manholes or valve boxes are repaired in pavement areas, backfill shall be placed in 8-inch layers (loose measurement) and thoroughly compacted. The backfill material (Type C Borrow) and compaction method shall meet the DelDOT Standard Specifications.

4.8.2.10.2 During construction, areas around manhole lids and valve boxes shall be dug by a non-destructive method. The details of proper roadway patching around manhole lids are shown in Appendix G, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-G.pdf.

4.8.2.11 Test Holes

4.8.2.11.1 For DelDOT highway construction projects, test holes shall be performed in accordance with the ASCE 38-22 standard.

4.8.2.11.2 Test holes shall be dug by a nondestructive method such as by vacuum removal in a hole less than 36 square inches. The repair shall be only the size of the hole. The fill shall be compacted in lifts, and the same amount of stone, asphalt pavement, concrete, etc., as the existing roadway, shall be replaced in accordance with the Standard Specifications. Hydro excavation of test holes shall not be permitted within the DelDOT-maintained portions of public right-of-way.

4.8.2.11.3 Small holes, up to 2 inches in diameter, bored in the surface for any type of utility testing or maintenance shall be repaired with a flexible embedding sealer (cold poured resilient type epoxy joint sealer) or standard methods approved by the District Public Works Section.

4.8.2.11.4 Depending on the quantity and location of the test holes, additional restoration may be required as directed by Public Works, the utility engineer, or DelDOT Construction. Similarly, if a restored test hole is not holding up within time frames outlined in subsection 4.8.2.4 of this regulation, additional restoration shall be required as directed by the District Public Works office for permits, or the DelDOT Utility Section or DelDOT Construction for work associated with DelDOT highway projects.

4.8.2.11.5 Key holing of test holes where pavement is cored, vacuum excavation occurs, facility is located, hole is backfilled, and core is epoxied back in place may be permitted upon approval by Public Works for permit work, the utilities engineer for DelDOT highway construction projects in design or the DelDOT construction engineer for DelDOT highway construction projects in construction. In this situation, key holed pavement shall not exceed 18 inches in diameter.

4.8.2.12 DelDOT Highway Construction Projects

4.8.2.12.1 The restoration requirements defined in this chapter apply to the placement of utilities on DelDOT-maintained portions of existing public rights-of-way. Where utility relocations and adjustments are made in conjunction with a DelDOT highway construction project, some portions of the restoration by the utilities may be unnecessary. In these circumstances the DelDOT Utilities Section or DelDOT Construction Section will direct which portions of the restoration requirements may be waived.

4.8.2.12.2 The utility company is responsible for restoring all sedimentation and erosion control measures to their original conditions and for maintaining temporary patches.

4.8.2.13 Sidewalks and Shared Use Paths

4.8.2.13.1 Temporary patches of sidewalk and shared-use paths shall be of a material that is firm, stable and slip-resistant.

4.8.2.13.2 The DelDOT Standard Construction Details illustrate the requirements of sidewalks and shared-use paths. Note that this is a minimum patch unless otherwise directed by the District Public Works office for permits, or the DelDOT Utility Section or DelDOT Construction for work associated with DelDOT highway projects. If the existing sidewalk or path has a thicker cross section or is wider than indicated in the detail, it shall be replaced with the same cross section or width or will be repaired as directed by the District Public Works Section for permit work or the DelDOT Utility Section or DelDOT Construction for DelDOT highway projects.

4.9 Exception or Deviation

4.9.1 If the utility company feels that due to hardship or where this regulation conflicts with other regulations or code requirements, an exception or deviation to the requirements of this regulation is necessary, the utility shall submit a request, for deviation from or exception to the standards described in this regulation to DelDOT. The exception request shall be in writing and must include full justification surrounding the hardship and alternatives evaluated to arrive at the proposed solution. It is the utility's responsibility to provide enough information to evaluate the hardship as basis for the exception request. The exception request shall address the following:

4.9.1.1 Where a conflict between this regulation and other statutory or regulatory standards exists.

4.9.1.2 The extent to which the utility facility complies with the provisions of this regulation and AASHTO policies.

4.9.1.3 The direct and indirect environmental and economic effects of any loss of productive land use or public benefit which may result from disapproving the use of the public right-of-way.

4.9.1.4 Why any other utility location would be extremely difficult and unreasonably costly for the utility consumer.

4.9.1.5 How the utility's installation will not adversely affect the design, construction, stability, traffic safety, or operation of the public right-of-way.

4.9.2 The DelDOT section responsible for the work being performed will assess the situation and provide recommendations.

4.9.2.1 For permit work, the written justification and any other pertinent information shall be sent to the District Public Works Office. Disputes arising from exception or deviation requests shall follow the chain of command as outlined in subsection 4.2.3 of this regulation.

4.9.2.2 For DelDOT highway construction projects, the written justification and any other pertinent information shall be sent to the utilities engineer. Disputes arising from exception or deviation requests shall follow the chain of command as outlined in subsection 4.2.3 of this regulation.

4.9.3 An approval for a hardship request is not a blanket approval for similar situations. The utility shall submit a request each time an exception or deviation is desired.

4.9.4 If a utility facility placed in accordance with an exception or deviation is impacted by a future DelDOT highway construction project, the utility shall be relocated or a new exception be obtained.

4.10 Non-Compliance. If a utility fails to comply with any of the conditions, restrictions, or regulations prescribed by DelDOT and stated in this regulation without an approved exception as outlined in subsection 4.9 of this regulation, the following actions may be taken:

4.10.1 If the non-compliance is the result of an emergency, see subsection 4.3.6 of this regulation for timeframes associated with responses.

4.10.2 If the non-compliance has a direct effect on public safety or impedes the flow of traffic, the utility shall take actions to address the noncompliance within 4 hours of being notified of it. If DelDOT determines immediate actions are required to protect the safety of the traveling public and the utility has not responded, then DelDOT may perform the work and take any action necessary to protect the traveling public. All costs associated with this shall be borne by the non-compliant utility.

4.10.3 If the utility does not meet a deadline, DelDOT may do the work or have the work performed by a contractor of DelDOT's choosing and charge the utility for the work.

4.10.4 In addition to the cost of the work being performed, DelDOT may charge a utility company the road user cost for any delay associated with a utility delay or a failure to remedy non-compliance. Road user costs will be calculated in accordance with DelDOT Design Guidance Memorandum 1-24.

4.10.5 DelDOT will notify the utility, in writing, of the non-compliance. Consistent with applicable law, DelDOT may impose reasonable sanction, as it may deem appropriate for non-compliance. For example and not by way of limitation, DelDOT may impose lesser sanctions such as refusing to process permit applications and issue new permits to the utility; or issue an immediate stop work order on any active utility construction within DelDOT-maintained portions of public right-of-way until the utility complies.

4.10.6 The utility shall correct the non-compliance within 30 days after receiving written notice from DelDOT, unless otherwise agreed to by DelDOT. After the 30-day period, DelDOT will take any action necessary to protect the safety of the traveling public. This may include restoration of highways or taking possession of and removing poles, pole lines, wires, pipelines, conduits, fixtures, or other structures or property owned by the utility and located on DelDOT-maintained portions of public right-of-way. DelDOT will bear no cost for this work. All costs associated with this shall be borne by the non-compliant utility.

4.10.7 The utility is responsible for its contractors and sub-contractors and will be held responsible for non-compliant actions by the contractors and sub-contractors.

4.10.8 DelDOT may revoke the utility master franchise after 60-days' written notice to the utility of material non-compliance and opportunity to cure. Provided that in the event the cure requires more than 60 days to complete, the franchise shall remain valid so long as the utility promptly begins to effectuate a cure and diligently prosecutes it until completion. In the event of revocation of the franchise agreement, DelDOT may seek a court order to appoint a trustee to administer the utility's assets located within DelDOT-maintained portions of public rights-of-way until the noncompliance is corrected or a time as the utility's facilities, fixtures, assets, and appurtenances are removed from DelDOT-maintained portions of public rights-of-way. DelDOT will bear no cost for removal. The utility shall bear all associated costs. This is not to be construed as placing any limitation upon either the utility or DelDOT to pursue any other legal or equitable remedy available to it for a breach of the conditions of the franchise.

History

10 DE Reg. 1730 (05/01/07)
26 DE Reg. 618 (01/01/23)
28 DE Reg. 748 (04/01/25)

2 Del. Admin. Code § 2401-5.0 Administration of Utility Permits

5.1 Utility Construction and Utility Safety Permits

5.1.1 General Requirements

5.1.1.1 An executed master franchise agreement or a DelDOT approved use and occupancy agreement shall be required in advance of a utility submitting utility permit applications (See sample Utility Construction Permit and Utility Safety Permit in Appendix A, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-A.pdf.) or requesting authorization to install utility facilities within DelDOT-maintained portions of the public right-of-way. Utility work that is not related to a DelDOT Highway Construction Project shall adhere to the following conditions:

5.1.1.1.1 A utility construction permit or utility safety permit shall be required for utility work that takes longer than 1 working day, to complete repairs or adjust an existing utility facility on DelDOT-maintained portions of public right-of-way, when utility work physically disturbs the roadway pavement, degrades the roadway surface, degrades sub-grade stability, or requires traffic disturbance or occupancy of travel lanes, auxiliary lanes, or paved shoulders.

5.1.1.1.2 A utility construction permit or utility safety permit shall not be required for utility maintenance work that takes less than 1 day to complete and does not physically disturb the roadway pavement, degrade the roadway surface, degrade sub-grade stability, or require occupancy of travel lanes or auxiliary lanes. However, the utility shall notify the District Public Works Office prior to setting up or commencing utility work. The notification shall include the location, duration, and type of work to be performed. The utility shall ensure that proper TTC is utilized in accordance with the DE MUTCD, and shall account for potential encroachment near vehicular, including bicycles and non-motorized devices, and pedestrian traffic.

5.1.1.2 For utility construction performed in conjunction with a DelDOT highway construction project, a utility construction permit is required if utility work is done in advance of notice to proceed being issued to the DelDOT contractor for the DelDOT highway construction project which DelDOT construction personnel has yet to be assigned as determined by the utilities engineer. Permit submissions shall be coordinated with the DelDOT Utility Section when there are proposed or active DelDOT highway construction projects in the vicinity of the permit scope of work to ensure no potential conflicts. A DelDOT highway project is considered active until DelDOT's final acceptance, after which it is considered complete.

5.1.1.3 Plans or documentation shall be submitted with the utility construction permit application via the UPA for the District Public Works Section to review. Engineered plans will not be required if the District Public Works Section determines that a written description of the work and location is adequate to outline the construction.

5.1.1.4 Physical disturbance or occupancy of any portion of a public right-of-way inside of municipal limits, industrial developments, or subdivision developments may trigger requirements for local approvals or permits in addition to DelDOT permits.

5.1.1.5 If the District Public Works Section deems the permit acceptable after consulting with appropriate DelDOT sections, the District Public Works Section will approve for general conformance.

5.1.1.6 A utility construction permit is required in cases of utility facility maintenance, utility related activities, or installation under the following circumstances:

5.1.1.6.1 Physical disturbance of the DelDOT-maintained portions of the public right-of-way.

5.1.1.6.2 Physical disturbance of the DelDOT-maintained portions of the roadway and roadside as designated by specific town agreement or other DelDOT authorized agreement. See subsection 4.4.2.10.1 of this regulation for local approvals or permits in addition to DelDOT permits.

5.1.1.7 A utility safety permit provides for on-street traffic control or maintenance of traffic, and is required in cases of utility related activities that do not require a utility construction permit, but result in the following:

5.1.1.7.1 Temporary occupancy of the DelDOT-maintained portion of the public right-of-way by utility related equipment, personnel, or materials. Provided occupancy does not result in physical disturbance to the DelDOT-maintained portions of the roadway.

5.1.1.7.2 Physical disturbance of portions of the roadway or roadside that are not maintained by DelDOT, as designated by specific town agreement or other DelDOT authorized agreement. See subsection 4.4.2.10.1 of this regulation for local approvals or permits in addition to DelDOT permits.

5.1.2 Requirements for ADA and Railroad Impacts

5.1.2.1 The permit request shall show the existing and proposed installation within DelDOT-maintained portions of public rights-of-way. Permit submissions shall clearly identify existing pedestrian facilities such as pedestrian connections, sidewalks, crosswalks, etc. along with any proposed work that will alter them. All proposed work shall comply with the ADA and DelDOT's PAS. Permits shall not be approved if the ADA and PAS requirements are not properly identified and addressed. See subsection 4.5.2.2 of this regulation for ADA requirements.

5.1.2.2 If the utility crosses over or under a railroad, the District Public Works Section shall contact the DelDOT Railroad Section to coordinate. This work is subject to approval by the railroad company.

5.1.3 Fees. No fees are authorized at this time.

5.1.4 Preparation

5.1.4.1 Applications for utility construction permits, plans, and supporting documents shall be submitted to the appropriate District Public Works Section through the UPA.

5.1.4.2 The plans shall show applicable information where relevant to the type of proposed work within DelDOT-maintained portions of public right-of-way, such as:

5.1.4.2.1 Roadway name.

5.1.4.2.2 Width of the public right-of-way and method of right-of-way determination.

5.1.4.2.3 Type of roadway material.

5.1.4.2.4 Width of traveled way.

5.1.4.2.5 Speed limit of the affected highway.

5.1.4.2.6 Proposed work.

5.1.4.2.7 Areas of pavement disturbance including sidewalks and shared use paths.

5.1.4.2.8 Distance from the crossroad or side road to the installation.

5.1.4.2.9 Distance from cross arm to existing public right-of-way.

5.1.4.2.10 Distance from the centerline of the roadway to the installation.

5.1.4.2.11 Type of shoulder material.

5.1.4.2.12 Width of shoulder.

5.1.4.2.13 Approximate bore pit locations.

5.1.4.2.14 Test pit locations.

5.1.4.2.15 Drainage system or systems in the utility area.

5.1.4.2.16 Location of existing utilities, both aerial and underground.

5.1.4.2.17 Trench and restoration details.

5.1.4.2.18 North arrow, scale, and legend.

5.1.4.2.19 Railroad crossings of roadways, if within 1,000 feet of proposed work.

5.1.4.2.20 Location, material type, and width of sidewalk and shared use path.

5.1.4.2.21 Location, material type, and width of pedestrian connections; and

5.1.4.2.22 Sidewalk and pedestrian restoration details.

5.1.4.3 All plans for pressure pipeline installations shall specify the type of transmittant, the design standards for the carrier, and the maximum working pressure or maximum design pressure.

5.1.4.4 Plans for casing shall specify the location, method of installation, and type of casing, size, length, and wall thickness proposed.

5.1.4.5 Traffic Control Plan or proposed Typical Application shall be submitted in accordance with subsection 4.3 of this regulation.

5.1.4.6 When a utility construction permit is needed after a DelDOT highway contract has been awarded, the utility shall obtain written permission from the DelDOT contractor to work in the project area. This policy includes any utility work not caused by the highway construction or improvement of a highway. See Appendix D, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-D.pdf, for Contractor Approval form.

5.2 Utility Construction, Relocation, or Repair Not Due to Highway Construction

5.2.1 A public utility shall not start construction of a new installation, repairs, or relocation until a utility construction permit has been issued, and a master franchise is in place. Refer to subsection 4.2.1 of this regulation for further details including emergency situations. A privately owned facility shall have a utility construction permit and a use and occupancy agreement before any type of installation, repairs, or relocation.

5.2.2 The District Public Works shall be notified at least 1 working day before the start of construction unless otherwise directed in writing. Notification may be given in writing, orally, by email, or by fax. The information transmitted shall include the starting date, road number, and project or permit number. Refer to subsection 4.2.1 of this regulation for further details including emergency situations. The utility shall be responsible for notifications to the public and ensuring they are provided at the proper time.

5.2.3 Permits issued by DelDOT may be suspended or revoked whenever State authorities ascertain a threat to the traveling public. Other causes for suspension or revocation may include lack of response to DelDOT inquiries, noncompliance with State requirements or permit conditions, or improper TTC. Any permit application may be denied if it does not meet the requirements of this regulation.

5.2.4 The utility company or its contractor shall always have a responsible representative at the job site to supervise the work. A copy of the authorized permit and any supporting documentation shall be on site.

5.2.5 Utilities and their contractors shall utilize the Delmarva 811 system in accordance with 26 Del.C. Ch. 8.

5.2.6 Utility companies shall provide as-built plans to the District Public Works Section at the completion of all utility work as outlined in subsection 4.6.3.4 of this regulation. As-built plans shall be submitted in the manner and format specified by DelDOT.

History

10 DE Reg. 1730 (05/01/07)
26 DE Reg. 618 (01/01/23)
28 DE Reg. 748 (04/01/25)

2 Del. Admin. Code § 2401-6.0 Utility Adjustments for DelDOT Highway Construction Projects as defined in Subsection 4.2.2 of this regulation

6.1 Utility Adjustments and Utility Coordination for DelDOT Highway Construction Projects

6.1.1 General. In order to remain in place, utility facilities along highways that are to be relocated shall not be in the way of the highway reconstruction work.

6.1.1.1 Future maintenance of utility facilities shall not create a hazard for the traveling public.

6.1.1.2 Utility companies with affected facilities may request that existing facilities be left in place. Utilities are not reimbursed by DelDOT for the cost of adjusting or relocating their facilities except in accordance with 17 Del.C. §132 and 17 Del.C. §143 and the 1963 Court of Chancery decision: Delaware Power & Light Co. v. Terry, 194 A.2d 553 (Del. Ch. 1963). A copy of the Court of Chancery's 1963 Decision, 194 A.2d 553 is provided in Appendix F, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-F.pdf.

6.1.1.3 Utility company failure to provide the necessary information within the specified timeframes or as agreed upon between parties, will trigger the initiation of noncompliance procedures, at DelDOT's discretion, as specified in subsection 4.10 of this regulation.

6.1.2 Preconstruction and Construction Coordination

6.1.2.1 Concept Milestone

6.1.2.1.1 Utility companies shall review and provide input related to concept plans provided by DelDOT during the concept milestone stage. Utility companies shall inform DelDOT of all existing and proposed facilities within the existing or proposed right-of-way. This information shall include facility types, sizes, locations, easements or other property interest documentation, and proof of prior rights in addition to the utility company's system improvements. A utility conflict matrix (UCM) may be utilized by affected utility companies, at DelDOT's direction during this phase, to provide evaluation and documentation of the potential conflicts between the proposed design and existing utility facilities. It is the sole responsibility of the utility to provide the documentation of a compensable interest and not DelDOT's responsibility to seek it.

6.1.2.1.2 All utilities shown on plans shall be in color. Colors shall be in accordance with APWA designations and DelDOT CADD standards.

6.1.2.2 Utility Designation Milestone

6.1.2.2.1 Utility companies shall respond to coordination efforts with DelDOT's project manager and the DelDOT utility coordinator to determine whether adequate utility designation insight can be gathered utilizing information obtained through "Delmarva 811" or a utility as-built submission to determine if more detailed utility designation is required. Utility companies shall coordinate with DelDOT's project manager and the DelDOT utility coordinator to determine if test holes are required, including the number and location of test holes needed.

6.1.2.2.2 The CI/ASCE 38-02 Guidelines shall be followed for the classification and depiction of subsurface utility data.

6.1.2.2.3 Utility companies shall respond and provide information to DelDOT's subsurface utility engineering (SUE) consultant or SUE consultant subcontracting to an approved design consultant, operating at DelDOT's direction, to acquire utility facility information. Utility companies shall coordinate in advance of work with the SUE consultant upon notification to the utility of pending exploratory activities of existing utility facilities.

6.1.2.2.4 In all cases, utility companies shall coordinate with the SUE consultant to confirm the scope and accuracy of SUE designation of all information obtained from the approved tasks prior to transmittal to DelDOT's project manager, the approved design consultant for the project, and the utility coordinator.

6.1.2.2.5 Utility companies shall verify the designation information on their facilities regardless of DelDOT's use of a SUE consultant.

6.1.2.3 Survey Milestone

6.1.2.3.1 Affected utility companies shall review survey plans, when provided by DelDOT, and provide detailed responses to identify existing and known retired facilities on the plans, indicating whether they are aerial, surface, or buried underground. The utility company shall also include information indicating:

6.1.2.3.1.1 The sizes of pipes/conduits

6.1.2.3.1.2 Number of pipes/conduits

6.1.2.3.1.3 Approximate depths of facilities

6.1.2.3.1.4 Private easements or other property interest documentation

6.1.2.3.1.5 Proof of prior rights

6.1.2.3.1.6 Any private services that may be affected

6.1.2.3.1.7 The identity of other utility company facilities if known (attached, housed, aerial, or underground)

6.1.2.3.1.8 Any other information pertinent to the facilities

6.1.2.3.1.9 Any planned alterations or reconstruction of existing facilities or installation of new facilities within the limits of the project.

6.1.2.3.2 The utility company shall return the required information, except easement, property interest, and existing prior rights, to the DelDOT Utilities Section within 30 days of receipt.

6.1.2.3.3 Utility companies shall supply DelDOT with easement, property interest, and existing prior rights documentation within 60 days of the receipt of the survey plan submission.

6.1.2.4 Preliminary Plan Milestone

6.1.2.4.1 Utility companies shall review and provide comments in unison with their review of the highway design when preliminary plans and a utility conflict matrix (UCM) are provided by DelDOT. The utility company review shall include identification of any potential conflicts or concerns.

6.1.2.4.2 The utility company shall mark the preliminary plans with existing facilities if not shown or not shown correctly, proposed facility relocations, and any additional right-of-way necessary for relocation of facilities. The utility companies shall provide the following with the marked preliminary plans:

6.1.2.4.2.1 Suggested design modifications that would eliminate relocation.

6.1.2.4.2.2 Description of utility relocations along with estimated timeframe for construction.

6.1.2.4.2.3 List of stations and offsets where test holes are needed.

6.1.2.4.2.4 Identification of any permits that may be required.

6.1.2.4.2.5 Information on any other utility's facilities located on its poles.

6.1.2.4.2.6 Joint use or third-party installation requirements.

6.1.2.4.2.7 To the best of its information, verify that existing facilities and retired facilities are shown correctly on the plans.

6.1.2.4.2.8 Private easements or other property interest documents (if applicable).

6.1.2.4.2.9 Proof of prior rights (if applicable); and

6.1.2.4.2.10 Request for field meeting, if needed.

6.1.2.4.3 The utility company shall make the DelDOT utility coordinator aware in writing in any situation where a utility company may be dependent upon another utility company's plans or actions in order to complete their own work.

6.1.2.4.4 The utility company owning the pole, duct system, etc. shall perform necessary coordination related to the relocation of any renters or lessees as required by the Telecommunication Act of 1996.

6.1.2.4.5 The utility company shall return the preliminary plans provided by DelDOT with the required markup electronically within 90 days of receipt through the UPA.

6.1.2.4.6 Coordination and Site Meeting. Following the distribution of preliminary plans, utility companies shall attend a site meeting at DelDOT's direction. The utility company shall return preliminary plans at the site meeting or within 30 days following the meeting or the remainder of the 90 days as specified in subsection 6.1.2.4.5 of this regulation, whichever is greater.

6.1.2.4.7 Reimbursable Work

6.1.2.4.7.1 Utility companies with utility relocation work that is eligible for reimbursement shall provide the DelDOT utility coordinator with a detailed written cost estimate for preliminary engineering in order to be evaluated for eligibility as reimbursable by DelDOT. The preliminary engineering work shall not be reimbursable if started prior to issuance of a notice to proceed from DelDOT.

6.1.2.4.7.2 Within 90 days of the issuance of the notice to proceed and receipt of preliminary plans, the utility company shall electronically supply a plans, specifications, and estimate (utility PS&E) package, consisting of plans, specifications, details, and estimate, and 1 set of marked color-coded plans. Electronically submitted color-coded plans shall be printable on standard DelDOT plotting size paper as specified in the DelDOT CADD Standards Manual. These plans shall indicate utility features as:

6.1.2.4.7.2.1 Existing to remain.

6.1.2.4.7.2.2 Existing to remove.

6.1.2.4.7.2.3 Proposed reimbursable; and

6.1.2.4.7.2.4 Proposed non-reimbursable.

6.1.2.4.7.3 Refer to subsection 6.3 of this regulation for further details on plan preparation and reimbursable work.

6.1.2.5 Semifinal Milestone. Utility companies shall review semifinal documentation such as plans, cross sections or a UCM, when provided by DelDOT. Utility company shall provide the DelDOT utility coordinator with marked-up semi-final documents for all utilities within the project limits, including the utility company's proposed utility statement (resume of proposed work). A sample Utility Statement is provided in Appendix E, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-E.pdf.

6.1.2.5.1 The following items shall be included with the marked semifinal plans:

6.1.2.5.1.1 Written concurrence for adequacy of right-of-way shown on construction plans provided by DelDOT.

6.1.2.5.1.2 Detailed written cost estimate of reimbursable work: including necessary relocations and adjustments, with sufficient detail for discrete elements demonstrating eligibility for reimbursement.

6.1.2.5.1.3 Written cost estimate for providing electric power service to traffic signals, roadway lighting, and ITS facilities.

6.1.2.5.2 The utility statement (resume of proposed work), submitted by the utility company, shall contain:

6.1.2.5.2.1 A description of the existing facilities

6.1.2.5.2.2 Any proposed changes, adjustments, or relocations

6.1.2.5.2.3 The location of the changes shall include station count and offsets.

6.1.2.5.2.4 Quantities of borrow Type C if necessary.

6.1.2.5.2.5 Activity based schedules and the proposed duration (in calendar days) for completing the alterations, adjustments, or relocations for each phase of the project's sequence of construction/ maintenance of traffic (MOT) or TTC Plan.

6.1.2.5.2.6 Any work or outage restrictions

6.1.2.5.2.7 A description of the proposed MOT needed to perform utility work; plans may be required if MOT requires more detailed planning than what is provided through the typical applications of the DE MUTCD.

6.1.2.5.2.8 A description of all materials with long lead times (lead times greater than 3 months) for ordering, if applicable.

6.1.2.5.2.9 A description of any anticipated permits required to allow the utility to move forward with the relocation work, including the timeframe the utility anticipates it will take to obtain said permits.

6.1.2.5.2.10 Any other information that may impact DelDOT's contractor.

6.1.2.5.2.11 The utility company shall return an electronic set of semifinal plans with the changes marked, the proposed relocation plan, and their proposed utility statement to the DelDOT utilities engineer through the UPA within 90 days of receipt of semifinal plans from DelDOT, unless a coordination meeting is scheduled. If a coordination meeting is scheduled, the plans should be returned within 30 days following the meeting or the remainder of the 90 days whichever is greater.

6.1.2.5.3 A coordination meeting will be scheduled, at DelDOT's discretion, with affected utility companies to review the utility statements and sequencing bar chart. Utility companies shall modify their utility statements based on the coordination meeting. Utility companies shall submit their updated utility statements to DelDOT 14 days following the meeting so that a revised DelDOT utility statement can be prepared.

6.1.2.6 Final Plans. Utility companies shall review final plans, construction schedules, and related documentation, when provided by DelDOT. A utility company shall provide the DelDOT utility coordinator with written responses within 30 days of receipt of final plans and anticipated final construction schedule unless a coordination meeting is scheduled. If a coordination meeting is scheduled, the plans should be returned within 30 days following the meeting. Utility company responses shall be accompanied by:

6.1.2.6.1 Written concurrence on final utility statement and activity-based bar chart construction schedule.

6.1.2.6.2 Signed reimbursement agreement

6.1.2.6.3 Request for NTP for advanced relocation

6.1.2.6.4 Request for NTP to order materials with lead times greater than 3 months

6.1.2.6.5 Request for NTP to start environmental permitting

6.1.2.7 Construction Phase. The utility company shall attend the preconstruction meeting scheduled for the project. If the utility company disputes the ability to attend the proposed preconstruction meeting, the utility company shall provide notice to the DelDOT construction engineer, and the utility coordinator assigned to the project. The NTP issued by DelDOT to the highway contractor shall serve as the authorization and notice to utility companies for relocation work that is to occur concurrent to the DelDOT Highway Construction Project.

6.1.3 Utility Coordination Stipulations

6.1.3.1 The utility company shall not begin work on advance relocations required for the DelDOT Highway Construction Project until an NTP is issued by the Utilities Engineer authorizing commencement of work. The utility company shall provide DelDOT with notification to ensure that the advanced relocation work is coordinated with and inspected by DelDOT construction.

6.1.3.2 Utility companies shall coordinate directly through the District Public Works office for a utility construction permit, when determined by DelDOT that additional inspection personnel are required.

6.2 Non-Reimbursable Work. Adjustments to utility facilities occupying highway right-of-way by master franchise are not eligible for reimbursement. Exceptions are discussed in subsection 4.9 of this regulation. If the facilities must be relocated due to DelDOT's project, DelDOT will provide right-of-way for relocation of the facilities. The relocation of the utility facilities shall be at the sole expense of the utility.

6.3 Reimbursable Work

6.3.1 Utility Reimbursement on DelDOT Highway Construction Projects

6.3.1.1 Title 17 of the Delaware Code §143, determines the policies governing expenses of utility adjustments, removals, and relocations.

6.3.1.2 Utility company work that is considered reimbursable, as determined by DelDOT, shall only be eligible for reimbursement based on the utility companies restoring impacted facilities to the condition that existed prior to the project. This is referred to as in-kind replacement. Utilities shall use the procedures established by FHWA for reimbursement. These are explained in the U.S. Department of Transportation Federal Highway Administration Program Guide Utility Relocation and Accommodation on Federal-Aid Highway Projects including amendments.

6.3.1.3 Buy America provisions apply to all contracts if the project, as defined by NEPA, has at least 1 Federal aid funded construction contract authorized after October 1, 2012 or at least 1 Federal aid funded Preliminary Engineering contract authorized after January 1, 2013, all federally eligible utility work must meet Buy America requirements regardless of funding source. When Delaware Code prohibits DelDOT from reimbursing utilities, the utility work is not eligible for federal reimbursement. Federally ineligible work is not subject to the Buy America requirements. The utility may furnish materials from company stock only in the case where the supplied materials meet the Buy America requirements. The utility shall not be required to change its existing standards for materials used in permanent changes to its facilities as long as Buy America requirements are met.

6.3.2 Betterment

6.3.2.1 The cost of a betterment or increased size or capacity in facilities is only reimbursable in accordance with FHWA regulations (Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects and Code of Federal Regulations Title 23 Part 645) or as allowed by specific agreements enabled by Delaware Code.

6.3.2.2 When seeking reimbursement with betterment involved, the utility shall submit 2 utility PS&E packages. The first detailed estimate with color-coded plans indicates relocation or adjustment in kind and the second shows the facility size increase or betterment. Right-of-way acquisition and salvage value shall be included where applicable on all estimates.

6.3.3 Prior Rights. Utility companies shall submit the following to claim prior rights:

6.3.3.1 Documentation that the utility facility was constructed on private property with an easement of record in the recorder of deeds office and the facility and its easements are encompassed by a DelDOT project; or

6.3.3.2 Documentation that the utility facility was relocated onto or remained in existing right-of-way under a previous project, during which participants agreed that if it became necessary to relocate for a future transportation project, DelDOT would assume the cost.

6.3.3.3 For proper documentation of this right, the utility shall furnish a copy of the utility agreement stating the arrangement previously agreed to by DelDOT.

6.3.3.4 The utility company shall present DelDOT with proof of prior rights no later than upon receipt of the semi-final plan submission. This may include documentation that shows rights existed prior to dedication of right-of-way to public use or prior to additional right-of-way being purchased without properly being extinguished.

6.3.4 Reimbursable Work Process. The utility companies shall submit all documentation establishing prior rights to the DelDOT Utilities Section for approval. During the process of plan review discussed in subsection 6.1 of this regulation, reimbursable work may be discovered. The utility company shall obtain concurrence from the DelDOT Utilities Section that reimbursable work will be involved. Utility company shall coordinate to ensure that the following actions occur:

6.3.4.1 DelDOT and utility company shall agree in writing as to the obligations and responsibilities of each party.

6.3.4.2 The agreement shall incorporate the conditions of occupancy for each party. The agreement shall also include the rights vested in DelDOT and the rights and privileges retained by the utility company.

6.3.4.3 The interest acquired by or vested in DelDOT in any portion of the rights-of-way of a highway project to be used, occupied, or vacated by utilities shall be adequate in nature and extent for the construction, safe operation, and maintenance of the project.

6.3.5 Utility Letter Agreements. The utility company shall enter into an agreement for projects including utility alteration, adjustment, or relocation where DelDOT will be responsible for any portion of the cost of the work. The utility company shall obtain an executed agreement from DelDOT before work begins when State or federal funds are anticipated to be used to pay for all or part of eligible utility adjustments. Examples of agreements can be found in Appendix A, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-A.pdf.

6.3.5.1 Agreement Requirements: Utility letter agreements include information such as:

6.3.5.1.1 The incorporating limits or areas to be served.

6.3.5.1.2 The responsibility of each party.

6.3.5.1.3 The terms and conditions regarding the relocation, adjustments, or reconstruction.

6.3.5.1.4 The action to be taken in case of noncompliance with State requirements.

6.3.5.1.5 Other provisions as deemed necessary to comply with State laws and regulations.

6.3.5.2 Work incidental to utility relocations shall be performed by the utility company with its own forces including a utility's open-end and continuing construction contractor, or by an approved utility contractor, unless this work is included in DelDOT's construction contract by separate agreement. When a utility company obtains a contractor for the relocation work, the utility, federal and State regulations apply.

6.3.6 Utility Plan Preparation

6.3.6.1 When reimbursable work is involved, the utility company shall coordinate with DelDOT to ensure that the appropriate construction plans are used to estimate the scope of the utility work to be performed and reimbursed. The utility shall submit the preliminary engineering estimate for any engineering required to design the alteration, adjustments, or relocation. A sample of the engineering estimate is provided in Appendix B, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-B.pdf.

6.3.6.2 The utility company shall use the procedures established by FHWA for reimbursement. The procedures are explained in the U.S. DOT FHWA Program Guide: Utility Relocation and Accommodation on Federal-Aid Highway Projects including amendments and the Federal-Aid Policy Guide (FAPG) Code of Federal Regulations Title 23.

6.3.6.3 The preliminary engineering estimate shall become part of the letter agreement mentioned above in subsection 6.3.5 of this regulation. The utility company shall not begin the design for the adjustments or relocations until a notice to proceed has been obtained from DelDOT, indicating that the preliminary engineering estimate is approved and funding has been allocated by DelDOT. The utility company shall prepare the utility plans, specifications, and estimate (utility PS&E) for the relocation or adjustment and forward them to the DelDOT utilities engineer for review.

6.3.6.4 Any work performed by the utility company prior to DelDOT's issuing the notice to proceed shall be at the sole expense of the utility company.

6.3.6.5 Utility Company Employment of a Consultant for Utility PS&E

6.3.6.5.1 The utility company shall submit a written request to the DelDOT Utilities Engineer requesting authorization to obtain a consultant to provide preliminary engineering services for utility relocations. The request shall state the type of work the consultant is expected to perform during the utility relocation for the project, such as: preparing utility plans, specifications, and estimates; inspecting materials; and supervising work.

6.3.6.5.2 The request shall meet the provisions established by federal procurement regulations of the U.S. DOT FHWA, and the applicable regulations of the Program Guide: Utility Relocation and Accommodation on Federal-Aid Highway Projects. Federal funds may participate in the cost of services performed under existing written continuing contracts when the utility company provides documentation to DelDOT's Utility Section and obtains concurrence that this work is performed regularly for the utility company in its own work and that the costs are reasonable. The procedures in 23 CFR §172, Administration of Engineering and Design Related Service Contracts, may be used as a guide for reviewing proposed consultant contracts.

6.3.6.5.3 When a utility company obtains DelDOT consent to have a consultant prepare the utility plans, specifications and estimates, the utility company shall provide the DelDOT utilities engineer with a cost estimate from the consultant for performing the design work. The utility company shall review and approve the data before submitting it to the DelDOT utilities engineer.

6.3.6.5.4 When the consultant cost estimate and other data are deemed acceptable by DelDOT, the utility company shall prepare and submit a draft of the contract between the responsible consultant and the utility company to the DelDOT utilities engineer. The draft contract and materials shall stipulate the work to be done under the agreement and the method of payment for preparing the utility PS&E package.

6.3.6.5.4.1 Utility company submittals that propose a consultant fee which is based on a percentage of the work to be performed will not be approved by DelDOT.

6.3.6.5.4.2 When federal participation is involved in a DelDOT highway construction project, the agreement with the consultant shall conform to federal procurement regulations and appropriate U.S. DOT regulations.

6.3.6.5.5 Upon approval of the draft agreement by DelDOT, the utility company shall execute the agreement with the consultant.

6.3.6.6 Processing Utility PS&E Packages. Utility plans, specifications, and estimates (utility PS&E) submitted by the utility company shall include:

6.3.6.6.1 A utility statement. See subsection 6.1.2.5.2 of this regulation.

6.3.6.6.2 A detailed estimate of the work to be performed. See Appendix B, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-B.pdf, for sample "Utility Relocation Cost Estimate"

6.3.6.6.3 Marked color coded plans indicating:

6.3.6.6.3.1 Existing to remain (green).

6.3.6.6.3.2 Existing to be removed (red).

6.3.6.6.3.3 Proposed reimbursable (blue).

6.3.6.6.3.4 Proposed non-reimbursable (yellow); and

6.3.6.6.3.5 Other colors can be used provided they are legible and clearly marked in the legend

6.3.6.6.4 The terms under which the utility is to cross or otherwise occupy the rights-of-way

6.3.6.6.5 A description of the size, type, nature, and extent of each utility company facility to be located within the highway rights-of-way

6.3.6.6.6 A description of each installation's construction requirements, traffic protection, maintenance, access restrictions, and any special conditions

6.3.6.6.7 Proposed maintenance of traffic (MOT) (i.e., TTC) needs

6.3.6.6.8 Adequate drawings or sketches that show the existing and proposed locations of the utility facility, including the following:

6.3.6.6.8.1 Horizontal and vertical locations of proposed facilities.

6.3.6.6.8.2 Facility locations with respect to the existing or planned DelDOT improvement, the traveled way, or the right-of-way.

6.3.6.6.8.3 Control-of-access lines and approved access points; and

6.3.6.6.8.4 Responsibilities of the utility company for future adjustments of its facilities to accommodate DelDOT improvements.

6.3.6.6.9 The color-coded, complete utility PS&E package shall be forwarded to the utilities engineer electronically.

6.4 Construction Coordination

6.4.1 Authorization of Utility Work. The utility company shall not proceed with its alterations, adjustments, or relocations until given direction to proceed by DelDOT via the applicable Construction District or District Public Works office.

6.4.1.1 When State or federal funds will pay all or part of the costs of adjustments, all work done by the utility company's own forces shall be performed on a force account basis with reimbursement matching actual costs. When a utility company's request to perform the work by competitive bid has been approved by DelDOT, the utility company shall forward 1 copy of the bid tabulation, with the utility's preliminary estimate included, to the DelDOT utilities engineer.

6.4.1.2 When a utility company requests permission from DelDOT to perform the work with a current continuing contract, using an outside contractor, the utility company shall include an estimate based on the applicable contract unit prices with the request submitted to the DelDOT utilities engineer.

6.4.2 Coordination During Construction

6.4.2.1 Utility Preconstruction Meetings. The utility companies shall have representatives at preconstruction meetings held by DelDOT or its' contractor to discuss in detail the effect that each utility's adjustment or relocation will have on the progress of the project.

6.4.2.2 Contractor's Schedule. The utility company shall coordinate its contractor's work occurring simultaneously with DelDOT projects. When this coordination is accomplished via a utility progress meeting, a utility company representative shall attend. The utility company shall cooperate in scheduling work so that the DelDOT contractor is not delayed.

6.4.3 Revisions. This Section refers to changes required to the plans or estimates after DelDOT's notice to proceed is given. Occasionally, field conditions necessitate revision to a utility company's approved plan of adjustment or relocation.

6.4.3.1 Revising Construction Projects

6.4.3.1.1 Utility company changes to construction projects and their impact on utility relocation costs shall be carefully considered before proceeding. Refer to 17 Del.C. §143 for reimbursement to public utilities for "second moves" and "change in plans". The time involved, material availability, additional labor and utility costs shall be evaluated before changes are pursued.

6.4.3.1.2 Utility company project plan revisions shall be coordinated with and provided to DelDOT's utilities engineer, construction engineer, and the project manager for review. DelDOT's approval is necessary to proceed with the utility company plan revisions.

6.4.3.2 Revising Utility Plans and Estimates. When revisions are necessary to the plan or estimate, the utility company shall forward a copy of the revised plan or estimate and the justification for the change for approval by DelDOT's Utilities Engineer or construction engineer. The utility company shall not proceed without DelDOT's Utility Section approval of the plan change, including confirmation of any additional funds requested to cover the added cost.

6.4.3.3 Change Orders. Copies of all change order correspondence and copies of all utility related correspondence shall include the affected utility companies, DelDOT's construction region engineer and utilities engineer.

6.4.3.4 As-builts. The utility shall submit as-built plans to the construction engineer and utility engineer for all underground installations within 6 months of work being completed or as part of the final invoice package. As-built plans shall accurately portray the size, type, and material of the facilities along with the horizontal and vertical location. As-built plans shall be submitted in the manner and format specified by DelDOT.

6.5 Payment for Work

6.5.1 Utility Billing

6.5.1.1 The utility company may submit progress billings at a frequency not to exceed 1 invoice per month for costs incurred after the executed utility agreement has been approved and notice to proceed has been provided by DelDOT. The utility company shall also submit progress billings for the cost of materials stockpiled at the project site or specifically purchased and delivered to the utility company for use on the project following similar approval by DelDOT. Any materials purchased, or work performed by the utility company prior to written authorization from the DelDOT Utilities Engineer shall be done at the company's sole expense. All utility company invoices shall conform to the provisions of the Federal-Aid Policy Guide (FAPG): Code of Federal Regulations, Title 23, Part 645 including Subpart A which defines policy, procedure, and cost development for utility relocation, adjustments, and reimbursement, and Subpart B which defines policy and procedure for accommodating utility facilities on federal-aid highways.

6.5.1.2 Utility company billing documents including support for incurred costs such as material used, equipment used, and number and classification of personnel working at the location shall be submitted to the DelDOT Utilities Section.

6.5.1.3 Buy America certification shall be provided with or prior to any request for reimbursement.

6.5.2 Final Bill from Utility Company. A final and complete billing of all costs incurred shall be made by the utility company within 6 months from the last chargeable day of the project in compliance with the executed agreement. The utility company statement of billing shall follow the order of the items in the utility PS&E identified as part of the executed letter of the agreement between DelDOT and the utility company. The statement shall be itemized to show:

6.5.2.1 The DelDOT contract number, federal-aid project number, project location, and executed utility agreement number.

6.5.2.2 A brief description of work performed, identifying the utility PS&E submission incorporated in project limits.

6.5.2.3 The date the last work was performed on the last billed expense item.

6.5.2.4 Goods received to date.

6.5.2.5 A statement from the utility company stating whether it has or has not been paid in full for all reimbursable work performed.

6.5.2.6 The totals for each of the following costs: labor, overhead, travel expenses, transportation, equipment, handling, material and supplies, and other services.

6.5.2.7 Salvage credits from recovered and replaced permanent material and recovered temporary material.

6.5.2.8 The replacement cost or the original charge for temporary use of material.

6.5.2.9 The location where the records and accounts billed can be audited, and the name of a contact person for auditing purposes.

6.5.2.10 A definitive statement about the origin of all products, permanently incorporated into the project, covered under the Buy America requirements, if applicable.

6.5.2.11 The final invoice specifying "final" and containing a summary of total project costs billed.

6.5.3 Final Invoice Copies and As-Built Plans

6.5.3.1 The utility company shall provide DelDOT with 1 copy of the final invoice.

6.5.3.2 The utility company shall provide DelDOT with as-built plans following construction to document any changes that were made in construction. As-built plans shall be provided prior to final reimbursement.

6.5.4 Electric Power Service for Roadway Lighting, Traffic Signals, and ITS Equipment. Utility companies shall follow the DelDOT Design Guidance Memorandum (DGM) 1-27 "Process for Requesting Electrical Power Services", dated April 7, 2020.

History

10 DE Reg. 1730 (05/01/07)
26 DE Reg. 618 (01/01/23)
28 DE Reg. 748 (04/01/25)

2402 Manual on Uniform Traffic Control Devices (MUTCD)

2 Del. Admin. Code § 2402 Manual on Uniform Traffic Control Devices (MUTCD)

2400 Transportation Solutions

2402 Manual on Uniform Traffic Control Devices (MUTCD)

2403 Special Events Policies and Procedures—Traffic Management

2 Del. Admin. Code § 2403-1.0 Introduction

1.1 Planned special events include, but are not limited to, sporting events, concerts, festivals and conventions occurring at permanent multi-use venues. They also include less frequent public events such as parades, fireworks displays, bicycle races, sporting games, motorcycle rallies, marathons, seasonal festivals and block parties which may occur at temporary venues. A planned special event often creates the need to establish altered traffic patterns to handle the increased traffic volumes generated by the event and traffic diverted due to the event. The size of the temporary traffic control (TTC) zone associated with a planned special event can be small, such as closing a street for a festival, or can extend throughout a municipality for larger events.

1.2 Planned special events can have direct and indirect impacts on the transportation system. Events that have direct impacts to the transportation system are those that require full roadway or lane closures to accommodate the needs of the event. Events having indirect impacts to the transportation system are those types of events that attract large crowds affecting normal traffic flow on Delaware’s roadways.

1.3 The purpose of this Special Events Policy is to outline the requirements for obtaining a permit to conduct a special event that will impact roadways in the State of Delaware and to describe the temporary traffic control that may be required to ensure the least impact to the traveling public and to provide a reasonably safe venue for the event. In addition, the policy identifies the requirements for developing necessary temporary traffic control plans as well as identifying the parties responsible for providing temporary traffic control and determining who pays the costs of such temporary traffic control.

History

22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
14 DE Reg. 917 (03/01/11)
22 DE Reg. 621 (01/01/19)

2 Del. Admin. Code § 2403-2.0 Legal Authority

2.1 Title 17, Chapter 1, Subchapter III, Section 141 of the Delaware Code gives the Delaware Department of Transportation jurisdiction and control over all state highways outside the limits of incorporated cities and towns for the purpose of regulating traffic and for the use and operation of all vehicles thereover, and gives the Department the authority to adopt any and all rules and regulations respecting the use of such highways and the operation of all vehicles upon the same.

2.2 For state maintained roadways within the corporate limits of municipalities, the local government is responsible for approving the special event after consultation with the Department of Transportation. All temporary traffic control for special events inside the limits of municipalities shall comply with the requirements of the Delaware Manual on Uniform Traffic Control Devices (DE MUTCD). For those events occurring on state maintained roadways within the corporate limits of municipalities, the temporary traffic control shall be reviewed and approved by DelDOT. DelDOT shall also be consulted for those events that occur on non state maintained roadways, but divert traffic to state maintained roadways.

History

22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
14 DE Reg. 917 (03/01/11)
22 DE Reg. 621 (01/01/19)

2 Del. Admin. Code § 2403-3.0 Special Event Permit Application

3.1 The Delaware Department of Transportation (DelDOT) requires the organizer of a planned special event that impacts the transportation system to get approval from the Department to hold such events and to review any temporary traffic control that is necessary for the event to occur. Event organizers are required to fill out DelDOT’s Special Event Permit Application and submit the completed application to the Special Events Coordinator in the Traffic Operations and Management Special Events Section. This form can be emailed by clicking the appropriate button at the top of the application. The Department’s Special Events Coordinator will review the application and the location of the event and determine if temporary traffic control measures or other requirements are needed to safely conduct the event and to minimize the impacts to the transportation system. If additional information is needed, the Special Events Coordinator will coordinate that information with the event organizer. Once all requirements are satisfied, an approved copy of the Special Event Permit Application will be provided to the event organizer. An approved copy will be held by the Traffic Operations and Management Special Events Section.

3.1.1 The following types of Planned Special Events require a Special Events Permit from the DelDOT:

3.1.1.1 Events with a direct impact on the transportation system. These events typically require lane and/or complete road closures.

3.1.1.2 Events with an indirect impact on the transportation system. These events typically occur off of the roadway but attract large crowds which could affect normal traffic flow on Delaware’s roadways

3.2 Special Event Permit Application Procedures

3.2.1 The Special Event Permit Application shall be filled out by the event organizer and submitted to the Department no fewer than 90 days prior to the beginning of the event. The Special Event Permit Application can be found at:

http://deldot.gov/Business/planned_spec_events/index.shtml

3.2.2 The following information is required to be shown on the permit application:

3.2.2.1 Event Organizer Information

3.2.2.1.1 Applicant’s name, address, phone number and e-mail address

3.2.2.1.2 Organization name, address and phone number, if applicable

3.2.2.1.3 Documentation of organization's 501(c)(3) status, if applicable

3.2.2.2 Event Information

3.2.2.2.1 Name and location of event

3.2.2.2.2 Type of event

3.2.2.2.3 Date of event (start and end dates)

3.2.2.2.4 Time of event (start and end times)

3.2.2.2.5 Name of a contact person that will be the Department’s direct contact during the planning stages of the event. A phone number and email address should also be provided.

3.2.2.2.6 Name of a contact person including address and a phone number at which that person can be reached during the day(s) of the event.

3.2.2.2.7 Proposed routing for the event, if the event is a bike race, marathon or other on-roadway event.

3.2.2.3 Temporary Traffic Control Plan

3.2.2.3.1 Identify if the event will require the closure of any State maintained roadways or intersections. If yes, list the roads or intersections that will be closed.

3.2.2.3.2 Identify if the event will require the closure of any lanes on State maintained roadways. If yes, list the lanes to be closed on each roadway.

3.2.2.3.3 A temporary traffic control plan, if lanes or entire roadways will be closed. Information regarding temporary traffic control plans can be found in Section III and IV of this policy.

3.2.2.3.4 Detailed temporary traffic control plans shall be submitted to the Department’s Special Events Coordinator no less than six (6) weeks prior to the start of the event.

3.2.2.4 Additional Information

3.2.2.4.1 Identify provisions for medical treatment during the event

3.2.2.4.2 Identify provisions for sanitary facilities during the event

3.2.2.4.3 Identify provisions for police or fire police assistance during the event. If a signed agreement exists between the police agency and the event organizer, a copy of the agreement should be included with the application.

3.2.3 The completed application can be electronically submitted to the Special Events Coordinator by clicking on the email button at the top of the application. If the applicant desires to mail a printed version of the application, it can be sent to the following address:

Delaware Department of Transportation

Traffic Operations and Management Special Events Section

Special Events Coordinator

169 Brickstore Landing Road

Smyrna, DE 19977

History

22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
14 DE Reg. 917 (03/01/11)
22 DE Reg. 621 (01/01/19)

2 Del. Admin. Code § 2403-4.0 Event Traffic Control

4.1 Planned special events typically have impacts on the transportation system and these impacts can be classified as either direct or indirect. Some events have both types of impacts. This section describes the necessary temporary traffic control that is required for those events that have direct impacts on the transportation system. In addition, it describes how the event organizer works with DelDOT on the development of a Transportation Operations Plan for those events with an indirect impact on the transportation system. Guidelines for the use of law enforcement and the use of Portable Changeable Message Signs (PCMS) are also provided.

4.2 Events with Direct Impacts on the Transportation System:

4.2.1 Planned special events with direct impacts on the transportation system are those events that require a lane or roadway closure in order for the event to take place. These types of events may include but are not limited to bike races/tours, marathons, block parties, parades and festivals. In order to safely and efficiently move traffic around the event area, temporary traffic control is required and shall comply with the provisions of Part 6 of the Delaware Manual on Uniform Traffic Control Devices (DE MUTCD). This information can be found at:

http://deldot.gov/Publications/manuals/de_mutcd/index.shtml

4.2.2 For events that have direct impacts on the transportation system, the event organizer shall submit a temporary traffic control plan to DelDOT for review and approval.

4.2.3 Special Events Requiring Lane or Shoulder Closures:

4.2.3.1 Planned special events with direct impacts on the transportation system may require the closure of one or more travel lanes or a shoulder on a two-lane roadway or multi-lane highway. In order to move traffic safely around the event area, temporary traffic control is required. In most situations, typical temporary traffic control cases from the DE MUTCD should be used and the applicable cases are listed below:

4.2.3.1.1 Two-Lane, Two-Way Traffic Shoulder Closure

4.2.3.1.2 Multilane, Divided, Non-Access Controlled Highways – Shoulder Closure

4.2.3.1.3 Two-Lane, Two-Way Traffic Lane Closure

4.2.3.1.4 Multilane, Divided Highways and Interstates – Lane Closure

4.2.3.2 In most situations a copy of the standard temporary traffic control case and the accompanying standard notes can be submitted for review by DelDOT. There are some instances that may require additional temporary traffic control devices and this will be determined by DelDOT through consultation with the applicant. Temporary traffic control plans must be submitted no fewer than six (6) weeks prior to the event.

4.2.3.3 Several of the standard temporary traffic control cases noted above allow the use of flaggers or require the use of flaggers to move traffic through the affected area. Due to the dangers associated with directing traffic, the only people allowed to perform flagging operations on Delaware’s roadways are the following:

4.2.3.3.1 A person with a valid flagger registration card from the American Traffic Safety Services Association (ATSSA). That person shall have their flagger card in their possession while performing flagging duties.

4.2.3.3.2 Uniformed Fire Police

4.2.3.3.3 Uniformed Local Police

4.2.3.3.4 Uniformed State Police

4.2.3.4 All personnel performing flagging duties shall wear a safety vest in accordance with the Delaware MUTCD. All temporary traffic control devices shall conform to the requirements of the Delaware MUTCD.

4.2.4 Special Events Requiring Roadway Closures

4.2.4.1 Planned special events with direct impacts on the transportation system may require the full closure of one or more roadways. In order to move traffic safely around the event area, temporary traffic control and a signed detour route is required. Detour routes shall be determined by DelDOT and an official detour plan with the proper approval signatures will be developed by DelDOT for the applicant. Requests for detour plans shall be submitted to DelDOT no less than six (6) weeks prior to the event. Depending upon the duration of the closure, law enforcement personnel may be used to direct traffic around the closure area, in lieu of providing a signed detour route. The use of law enforcement officers in lieu of a signed detour will be determined by DelDOT in consultation with the applicant.

4.3 Events with Indirect Impacts on the Transportation System

4.3.1 Planned Special Events may have an indirect impact on the transportation system based on the number of event participants or attendees. Events that have indirect impacts on the transportation system include concerts, sporting events, fairs/carnivals and other events that attract large crowds of people. While these events may not require the closure of roads or lanes, they do create an impact to existing traffic due to the increased traffic volumes (vehicular and/or pedestrian volumes) that are experienced, sometimes on roadways that are not designed for the increased traffic or pedestrians. To mitigate these impacts, it is necessary to develop a Transportation Operations Plan to determine how traffic will be managed when patrons are arriving at or leaving the event and how the event traffic will interact with existing traffic. If in addition, to having indirect impacts on the transportation system, the event requires the closure of roadways or lanes, please refer to the previous section for additional information.

4.3.2 The development of the Transportation Operations Plan will typically be completed by DelDOT’s Traffic Operations and Management Special Events Section with input provided by Safety and Transportation Management Center staff and the event organizer. DelDOT and the event organizer will also meet with the state police to discuss the plan. If the event is within the limits of a municipality, DelDOT and the event organizer will also meet with the local police and other local authorities having jurisdiction. The following items are typically reviewed and determined during the plan development:

4.3.2.1 Location of event, event parking and entrances/exits to/from the event area.

4.3.2.2 Roadways surrounding the event area and expected road closures

4.3.2.3 Locations for traffic control points during entry and exit

4.3.2.4 Locations for parking payment, credential checks, etc.

4.3.2.5 Lane closures to accommodate entry and exit maneuvers from the event area to minimize impacts to existing traffic and to allow for free flow movements.

4.3.2.6 Pedestrian movements around the event area to provide reasonably safe pedestrian passage

4.3.2.7 Locations for portable changeable message signs to direct road users to and around the event.

4.3.2.8 Locations for traffic management devices such as portable traffic cameras, portable detection units, etc.

4.3.3 The planning process for these types of events needs to start early in order to ensure a smooth event. The event organizer shall submit the Special Event Permit Application to DelDOT no fewer than 90 days prior to the beginning of the event. Once the permit is received by DelDOT, a meeting will be scheduled with the event organizer and other applicable parties to discuss the event and any operational concerns. This meeting will be scheduled eight (8) weeks prior to the event date. The final transportation operations plan, with approved permit, will be completed four (4) weeks prior to the event date. The Transportation Operations Plan will include locations of all devices necessary to carry out the plan, including locations of all lane or roadway closures that may be necessary to facilitate event traffic around the event area.

4.4 Use of Law Enforcement for Planned Special Events

4.4.1 Law enforcement officers (State Police, Local Police and/or Fire Police) may be needed to assist with traffic control during a planned special event. Law enforcement may also be needed to provide escorts for certain types of events such as foot races, bike races or parades. It is the responsibility of the event organizer to secure the appropriate number of law enforcement officers that are needed for the event and the costs of using law enforcement officers, if applicable, are the responsibility of the event organizer.

4.5 Use of Portable Changeable Message Signs

4.5.1 Portable Changeable Message Signs (PCMS) are portable devices that can display a variety of transportation related messages. These devices may be useful for a planned special event to direct attendees to parking areas and to direct other road users around the event to avoid traffic delays. The use of PCMS is governed by the Delaware MUTCD and these devices may only display transportation related messages. They cannot be used to advertise the event or provide other non-transportation related messages to the traveling public as the device themselves can present a distraction to motorists if not used properly.

4.5.2 DelDOT has developed an approval form that must be submitted to receive approval to use PCMS in DelDOT’s right-of-way. This form can be found at:

http://deldot.gov/Publications/manuals/de_mutcd/docs/PCMS_Approval_Form.doc

4.5.3 Additional information regarding the use of PCMS can be found in Part 6 of the Delaware MUTCD and in the memorandum titled “Portable Changeable Message Signs,” which can be found at:

http://deldot.gov/Publications/manuals/de_mutcd/pdfs/Portable_Changeable_Message_Signs.pdf

History

22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
14 DE Reg. 917 (03/01/11)
22 DE Reg. 621 (01/01/19)

2 Del. Admin. Code § 2403-5.0 Event Organizer Responsibilities

5.1 The event organizer must ensure that the following pre-event and event day activities have been conducted:

5.1.1 Pre-Event Activities

5.1.1.1 Submit the Special Events Application to the Traffic Operations and Management Special Events Section no fewer than 90 days prior to the event.

5.1.1.2 Meet with representatives from DelDOT, no fewer than eight weeks prior to the event, to discuss and develop a transportation operations plan, if one is required for the event.

5.1.1.3 Submit the Temporary Traffic Control Plan to the Traffic Operations and Management Special Events Section no fewer than six weeks prior to the event.

5.1.1.4 Notify the local or state police and fire companies no fewer than 60 days prior to the event regarding the proposed lane closures and event location.

5.1.1.5 Notify DelDOT’s Public Relations Section no fewer than 10 days prior to the event to have a press release issued notifying the public that lanes or roads will be closed within the event area. The Public Relations Section can be reached at (302) 760-2080

5.1.2 Event Day Activities

5.1.2.1 Contact the DelDOT Transportation Management Center no fewer than one hour prior to the event to notify of the impending lane closures. The Transportation Management Center can be reached at (302) 659-4600.

5.1.2.2 Place all temporary traffic control devices in accordance with the approved temporary traffic control plan and the Transportation Operations Plan, if an operations plan was developed.

5.1.2.3 A designated person must monitor the temporary traffic control devices and adjust as needed.

5.1.2.4 At the conclusion of the event, all temporary traffic control devices must immediately be removed from the roadway and the roadway restored to its normal conditions.

5.1.2.5 Contact the DelDOT Transportation Management Center upon restoring the roadway to normal conditions to notify of the completed event and removal of traffic restrictions.

5.2 In the event of an emergency, the event organizer may be required to immediately reopen the roadway. Upon notification by a DelDOT official or law enforcement personnel, the event organizer shall immediately restore the roadway to normal operations.

5.3 The event organizer or event participants shall not erect any advertising signs or other non-traffic control signs within DelDOT’s right-of-way. The event organizer or event participants shall not paint any markings on the roadway(s) within the event location.

History

22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
14 DE Reg. 917 (03/01/11)
22 DE Reg. 621 (01/01/19)

2 Del. Admin. Code § 2403-6.0 Costs

6.1 As of this time, there are no permit fees for the Special Events Permit Application. In addition, there are no fees charged by DelDOT to develop temporary traffic control plans, detour plans or transportation operations plans.

6.2 The event organizer is responsible for the costs associated with temporary traffic control for a particular planned special event. These costs may include, but will not be limited to, the procurement of the required compliant temporary traffic control devices, the use of portable changeable message signs and labor associated with the installation and removal of temporary traffic control devices. The event organizer may request DelDOT’s assistance with the deployment of the temporary traffic control plan and/or the transportation operations plan, however, the Department must be reimbursed for all equipment and labor costs associated with the event and DelDOT’s support is subject to the availability of the necessary resources. If the event organizer requests DelDOT assistance, the Department will generate a cost estimate and will send the cost estimate and a concurrence letter to the event organizer for review. If the event organizer concurs with the cost estimate, the event organizer shall sign the concurrence letter and send it back to DelDOT. No charges will be incurred until after the event is completed. Upon completion of the event, the Department will contact the event organizer, review all costs incurred and then the Department will send the event organizer a bill for services rendered. The event organizer will not be responsible for the costs associated with temporary traffic control deployed by DelDOT for a particular planned special event if the organizer is exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c)(3) and proper documentation of the organization's 501(c)(3) status has been provided to the Department. State Agencies, Counties, incorporated Municipalities, school districts, and accredited colleges and universities will not be responsible for the costs associated with temporary traffic control deployed by DelDOT for a particular planned special event if the event is a direct activity of the entity making application. Event organizers that do not have 501(c)(3) status or meet the conditions noted above may request a waiver for costs associated with temporary traffic control deployed by DelDOT for a particular planned special event if proceeds generated by the event are donated to a 501(c)(3) organization for which the appropriate supporting documents have been provided to the Department or if the need for temporary traffic control is created by impacts associated with a Department project.

6.3 If the event organizer does not utilize DelDOT forces for the deployment of the temporary traffic control plan or transportation operations plan, the event organizer shall procure the necessary devices and labor from entities that have experience with temporary traffic control. Failure to have the necessary provisions in place for the day of the event will result in the revocation of the Special Events Permit and will result in the removal of all event participants from DelDOT’s right-of-way.

History

22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
14 DE Reg. 917 (03/01/11)
22 DE Reg. 621 (01/01/19)

2 Del. Admin. Code § 2403-7.0 Coordination of Special Events

There may be instances where two or more planned special events occurring in close proximity to each other will be scheduled for the same day(s). If this is the case, the Special Events Manager for DelDOT will meet with the event organizers from each event and determine how best to manage potential conflicts between events. This may require modifications to event routes, event traffic control plans and event schedules. DelDOT reserves the right to direct these changes to prevent event traffic control and event routes from overlapping. Failure to comply with DelDOT’s changes will result in revocation of the Special Events Permit.

History

22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
14 DE Reg. 917 (03/01/11)
22 DE Reg. 621 (01/01/19)

2 Del. Admin. Code § 2403-8.0 Revocation of Permit by DelDOT

8.1 Failure to comply with the approved temporary traffic control plan, the provisions of the approved Special Events Permit or failure to complete the pre-event and/or event day activities will result in revocation of the approved Special Events Permit. DelDOT reserves the right to stop the event activities and restore the roadway to normal conditions if the approved temporary traffic control is conducted in an unsafe manner or if there are unforeseen traffic delays experienced as a result of the special event.

8.2 The event organizer or event participants shall not erect any advertising signs or other non-traffic control signs within DelDOT’s right-of-way. The event organizer or event participants shall not paint any markings on the roadway(s) within the event location. Failure to comply will result in the revocation of the Special Events Permit, immediate removal of all participants from DelDOT’s right-of-way.

The Special Event Cost Waiver Application is available in PDF format at the following location:

Special Event Cost Waiver

https://regulations.delaware.gov/AdminCode/title2/2000/2400/Special Event Cost Waiver.pdf

History

22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
22 DE Reg. 621 (01/01/19)
14 DE Reg. 917 (03/01/11)
22 DE Reg. 621 (01/01/19)

2404 Delaware Traffic Calming Design Manual (Repealed)

2 Del. Admin. Code § 2404 Delaware Traffic Calming Design Manual (Repealed)

This regulation was repealed, effective October 11, 2020.

History

4 DE Reg. 528 (09/01/00)
16 DE Reg. 544 (11/01/12)
24 DE Reg. 408 (10/01/20)

2405 Oversize/Overweight Hauling Permit Policy and Procedures Manual

2 Del. Admin. Code § 2405-1.0 General Provisions

1.1 Purpose

The intent of the Oversize/Overweight Hauling Permit Program is to promote public safety, minimize impacts to the traveling public, minimize impacts/damage to public facilities, and to assign equitable fees to the movement of oversize/overweight goods. The purpose of this regulation is to state the policy and procedures of the Department of Transportation, Division of Transportation Solutions, regarding the issuance of Hauling Permits, hereinafter called "permit", for oversize or overweight vehicles. The guidelines contained in this regulation should provide guidance for the majority of all oversized and overweight vehicle moves. However, the Department reserves the right to modify the requirements on a case-by-case basis based on engineering judgment and public safety requirements.

1.2 Legal Authorization

1.2.1 Chapter 45, Section 4504 of Title 21 of the Delaware Code delegate's authority to the Delaware Department of Transportation to establish such rules and regulations including the setting of fees as may be needed to comply with the laws of the State of Delaware and the laws of the Federal Government.

1.2.2 As authorized in Chapter 45, Section 4504 of Title 21 of the Delaware Code, local authorities may issue a special permit that may have different requirements from those set forth herein. Every such permit shall be laid only upon highways under the jurisdiction of and for which the maintenance thereof is the sole responsibility of the governing body issuing the permit.

1.2.3 In the establishment of this policy, it is not intended, and no section of this policy shall be so interpreted, as to require the violation of any legal statute, State or Federal.

1.2.4 A permit shall be required for movement on the highways of the State of Delaware when any vehicle, vehicle combination, vehicle and load combination, or equipment or machinery being moved under its own power exceeds the dimensional or weight limits set forth in Chapter 45, Title 21 of the Delaware Code. The limitations are described in Section 2.0 of this regulation.

1.3 Definitions

The following words and terms, when used in this regulation, have the following meanings unless the context clearly indicates otherwise:

“Axle” means load-bearing wheels in a transverse line across the full width of a vehicle.

“Axle Group” means a group of axles in which every axle is located within 8 feet of another axle.

“Combination” means 2 or more vehicles physically interconnected in tandem.

“Commercial Vehicle” means a vehicle of a type designed, used, or maintained for the transportation of persons or property for hire, compensation, or profit, except taxicabs.

“Crane” means any self-propelled vehicle to which has been permanently mounted or attached any crane, whether or not such vehicle was originally a truck, tractor, or other type of motor vehicle or was designed and built as a complete crane unit. However, the word "crane," as herein defined, shall not be construed to mean any truck or other vehicle equipped with or to which has been affixed any device used for the purpose of providing a means for towing other vehicles.

“Department” means the Department of Transportation of this State (DelDOT) acting directly or through its duly authorized officers and agents.

“Escort” means a single unit non-permitted vehicle, no smaller than a compact car that is used to accompany a permitted vehicle. An escort vehicle can be a vehicle provided by the permittee, the Delaware State Police, or any other entity defined by the Department.

“Farm Tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.

“Gross Weight” means the combined weight of a vehicle or combination of vehicles and its load and driver.

“Highway” means the entire width between boundary lines of every way or place of whatever nature open to the use of public as a matter of right for purposes of vehicular travel, but does not include a road or driveway upon grounds owned by private persons, colleges, universities or other institutions.

“Implement of Husbandry” means a vehicle designed or adapted and determined by the Department to be used exclusively for agricultural, horticultural or livestock operations and only incidentally operated or moved upon highways.

“Local Authorities” means every county, municipal, and other local board or body having authority to adopt local police regulations under the Constitution and laws of this State.

“Mobile Home” means a trailer designed and used exclusively for living quarters or commercial purposes that exceeds the maximum size limitations prescribed by the act for operation on a highway and is only incidentally operated on a highway.

“Nondivisible Load” means a load that is incapable of being divided into parts or dismembered without substantially damaging its usefulness or value.

“Oversize” means the length, width, or height of a vehicle or combination of vehicles, including the load or loads carried thereon, excluding mirrors or sunshades, which exceed the applicable maximum length, width, or height specified in Section 2.0 of this regulation.

“Overweight Vehicle” means any vehicle having a gross weight, including load thereon, in excess of that permitted by law; including, but not limited to, a gross weight in excess of the weight for which a valid registration has been issued.

“Semitrailer” means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle, such that some part of its own weight and that of its own load rests upon or is carried by another vehicle. Piling and pole trailers are to be considered to fall within the meaning of this definition.

“Ship Permit” means a permit that is issued for oversize or overweight vehicles engaged in ship offloading operations conducted at the Port of Wilmington to designated locations on designated state-maintained routes exclusive of Interstate routes within 2 miles from the property limits of the Port of Wilmington.

“Shoulder” means the portion of the highway, contiguous to the roadway, for accommodation of stopped vehicles, for emergency use and for lateral support of the roadway.

“Single Axle” means an axle located over 8 feet from another axle.

“Special Construction Equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch-digging apparatus, well-boring apparatus, road construction or maintenance machinery such as asphalt spreaders, air compressors and drills, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, road rollers, scarifiers, earth-moving scrapers and carryalls, welders, power shovels and drag lines, self-propelled cranes, earth-moving equipment and construction box storage trailers (except when such trailers are used for transporting merchandise). The term does not apply to dump trucks, truck mounted transit mixers, tow trucks, or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.

“STAA” means the Surface Transportation Assistance Act.

“Structure” means a bridge or culvert including supports, which spans or provides passage over or under a waterway, a railroad or other obstruction, or any other physical device designed to carry traffic control devices, including, but not limited to, overhead signs, light fixtures and traffic signals.

“Sunrise” means the time designated by the National Weather Service at which the sun can first be seen on the horizon.

“Sunset” means the time designated by the National Weather Service at which the sun can last be seen on the horizon.

“Superload” means any vehicle or load is considered a SUPERLOAD when any 1 of the following conditions exist: 15 feet or more in width; 15 feet or more in height; 120 feet or more in length; has a gross weight in excess of 120,000 pounds.

“Supporting Documentation” means documents that are required to be submitted as part of the permit application process.

“Trailer” means a mobile home, park trailer, travel trailer, house trailer, office trailer, camping trailer or any vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

“Truck Tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

“Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks except electric trackless trolley coaches, electric personal assistive mobility devices and excepting Off-Highway Vehicles (OHVs).

“Zero Emission Bus” means any self-propelled vehicle meant to transport persons as part of a governmentally owned/publicly operated transit system that is zero-emissions and is powered exclusively by a battery-electric drivetrain.

History

23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
21 DE Reg. 585 (01/01/18)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
17 DE Reg. 756 (01/01/14)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)

2 Del. Admin. Code § 2405-2.0 Legal Vehicle Sizes and Weights

2.1 Length. If the overall length of any vehicle or combination of vehicles exceeds the legal length limits contained herein, a permit shall be required.

2.1.1 Single motor vehicles, including any load thereon, shall not exceed 40 feet in length, except as otherwise provided in this section.

2.1.2 On Interstate and U. S. Routes not otherwise posted:

2.1.2.1 The maximum length of a semitrailer, including any load thereon, exclusive of truck tractor size shall be 53 feet.

2.1.2.2 Buses shall not exceed 45 feet in length.

2.1.2.3 The maximum length of a trailer or semi-trailer in a truck tractor-semitrailer-trailer combination, including any load thereon, exclusive of tractor size shall be 29 feet.

2.1.3 On all other highways:

2.1.3.1 Single motor vehicles, including any load thereon, shall not exceed 40 feet in length, and no combination of vehicle, including the load thereon, shall exceed 60 feet in length, except as otherwise provided in this section

2.1.3.1.1 A truck and semitrailer combination engaged in the transportation of motor vehicles shall not exceed a length of 65 feet exclusive of the overhang of the transported vehicle.

2.1.3.1.2 Buses shall not exceed 45 feet in length.

2.1.3.1.3 Piling and pole trailers and vehicles or combinations of vehicles engaged in the transportation of steel beams, pipes, angles, channels and other lengths of steel, or other metals, or other articles impossible of dismemberment, shall not exceed 70 feet. When carrying long logs, poles, piling, and etc. a pole trailer shall be required.

2.1.3.2 The limitations as to the length of load shall not apply in the case of a vehicle or combination of vehicles transporting boats commonly known as crew or rowing shells for use in interscholastic or intercollegiate rowing contests provided that such boats shall not exceed 70 feet in length.

2.1.4 The maximum overhang shall not exceed 6 feet beyond the rear of the vehicle and no load shall be permitted to touch or drag upon the roadway regardless of permissible overhang. No vehicle or combination of vehicles shall carry any load extending more than 3 feet beyond the front thereof.

2.1.5 Pilings or poles or mill logs, or nursery stock, or rowing shells, or steel beams, pipes, angles, channels and other length or steel, or other metal, or other articles impossible of dismemberment shall not extend more than 10 feet beyond the rear of the bed or body of such vehicle.

2.2 Width

2.2.1 If the overall width of any vehicle or combination of vehicles exceeds 8 feet - 6 inches measured as defined below, a permit shall be required.

2.2.2 On Interstate and U.S. Routes the outside width of 8 feet - 6 inches is exclusive of safety equipment, which may extend not more than 3 inches more on each side of the vehicle.

2.2.3 On all other highways, no vehicle including any load thereon shall exceed a total outside width of 8 feet - 6 inches inclusive of safety devices.

2.3 Height. On any Interstate, U.S. Route, or highway if the maximum height of any vehicle or combination of vehicles, including load thereon, exceeds 13 feet - 6 inches a permit shall be required.

2.4 Weight. A permit is required if the Gross Vehicle Weight (GVW) exceeds the limits imposed by statute as shown in Table 2.1. Vehicles that do not exceed GVW but do exceed individual axle weights shown in Table 2.1 will require a permit. DelDOT Bridge Management Section and Materials and Research Section will automatically review permits with an individual axle weight at or greater than 25,000 lbs. Analysis may occur at a lower weight on a case-by-case basis. The permittee is responsible to effectively distribute a load or reduce the overall weight below this axle limit, as necessary, to lessen the higher live load forces overstressing state structures.

2.5 Penalties

2.5.1 Based on the Authority provided under Delaware State Code Chapter 45, Section 4508, of Title 21, relating to Penalties, any person who violates any requirements of Section 2.0 relating to the size or weight of a vehicle or a combination of vehicles or restrictions regarding parking in residence districts shall be punished as follows:

2.5.1.1 A first offense shall be punishable by a fine of not less than $28.75 nor more than $230.00 or by a term of imprisonment of not more than 30 days or both.

2.5.1.2 A subsequent like offense shall be punishable by a fine of not less than $115.00 nor more than $575.00 or by a term of imprisonment of not more than 60 days or both.

2.5.2 Any person who violates any requirement of Section 2.0, specifically relating to the weight of a vehicle or a combination of vehicles, such that said vehicle shall be classified as an "overweight vehicle," shall in addition to whatever other penalties may be allowed by law be punished as follows:

2.5.2.1 A first offense shall be punishable by a fine for all excess weight exceeding the vehicles registered weight or Federal Bridge Formula, if operating on the interstate, for the first 5,000 lbs. in the amount of 2.3 cents per pound and a fine for all excess weight over the first 5,000 lbs. in the amount of 5.75 cents per pound or by a term of imprisonment not to exceed 30 days or both.

2.5.2.2 Each subsequent offense shall be punishable by a fine for all excess weight exceeding the vehicles registered weight or Federal Bridge Formula, if operating on the interstate, for the first 5,000 lbs. in the amount of 5.75 cents per pound and a fine for all excess weight over the first 5,000 lbs. in the amount of 11.5 cents per pound or by a term of imprisonment not to exceed 60 days or both.

2.5.3 For purposes of Section 2.0 a first offense shall be defined as 1 not previously committed by the person charged within the previous 24 months prior to the date of the offense. A subsequent like offense shall be deemed to have occurred if the person charged has previously been convicted or charged and subsequently convicted of the same offense within the previous 24 months prior to the date of this offense.

History

23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
21 DE Reg. 585 (01/01/18)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
17 DE Reg. 756 (01/01/14)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)

2 Del. Admin. Code § 2405-3.0 Permit Descriptions and Procedures

3.1 Who Must Apply for Permits

3.1.1 A permit is required for movement on the highways of the State of Delaware when any vehicle or nondivisible load exceed the limits described in Section 2.0.

3.1.2 All motor vehicles, combination of vehicles, self propelled equipment, and machinery shall be licensed prior to an application being made for a permit.

3.1.3 Farm tractors and other implements of husbandry, which are being temporarily operated, moved or transported upon State maintained highways except Interstate and U.S. Routes are not required to obtain a hauling permit. A permit is not required on the Interstate and U.S. Routes when the equipment is being used by farmers engaged in their agricultural related practices. Farm tractors and other implements of husbandry being moved or transported by a manufacturer, dealer, business or commercial transport company would not be considered transported by a farmer engaged in their agricultural related practices, therefore, a hauling permit is required.

3.1.4 A permit is not required for any vehicle, including special construction equipment, crossing or entering upon State maintained highways while engaged in construction or maintenance operations, provided such moves are made within the limits of a Federal, State, County, or Municipal Contract.

3.1.5 A permit is not required for federally defined Surface Transportation Assistance Act (STAA) vehicles on the defined STAA routes.

3.1.5.1 The Federal Register, Volume 55, Number 83, dated Monday, April 30, 1990, page 17952, lists the following roads, as well as the Interstates 95, 495 and 295, as the designated STAA routes in Delaware:

3.1.5.1.1 U.S. Route 13, from the Maryland State Line, to the I-495 South Interchange in Wilmington.

3.1.5.1.2 U.S. Route 40, from the Maryland State Line, to I-295, U.S. Route 13, in Wilmington.

3.1.5.1.3 U.S. Route 113, from the Maryland State Line, to State Route 1 in Milford.

3.1.5.1.4 U.S. Route 301, from the Maryland State Line, to U.S. Route 40, in Glasgow.

3.1.5.1.5 S. Bay Road, from State Route 1 in Dover to U.S. Route 13 in Dover.

3.1.5.2 Separately, Delaware has designated U.S. Route 202, from U.S. Route 13, to the Pennsylvania State Line; and State Route 1, from I-95, to U.S. 113, in Milford as routes open to STAA vehicles.

3.1.6 A permit is not required for any government (Federal, state or local) owned vehicles, including the load thereon, that are loaded with salt, sand, chemicals or a combination thereof, with or without a plow or blade attached in front or sides and being used for the purpose of spreading the material on highways that are or may become snow covered, slick or icy. This exemption also applies to any private entity under contract with a Delaware governmental body performing snow and ice removal operations.

3.2 Types of Permits

3.2.1 Permits by Load Codes & Associated Fees

3.2.1.1 Load Code 1 Oversize

3.2.1.1.1 A load that is Oversize but less than SUPERLOAD criteria. Exception - Certain types of vehicles may have over legal limit individual axle weight but meet GVW. These vehicles will be Oversize with overweight axle data noted on the hauling permit.

3.2.1.1.2 Type - Single Trip

3.2.1.1.3 Fee - $30.00

3.2.1.1.4 Duration - 5 days. See subsection 4.2.1 for details.

3.2.1.1.5 Time of Travel - Monday through Sunday sunrise to sunset during the permit Effective and Expiration Dates.

3.2.1.2 Load Code 2 Overweight

3.2.1.2.1 A load that is over legal weight: (Legal GVW for 2 axles = 40K lbs.; 3 axles = 65K lbs.; 4 axles = 73280 lbs.; 5 or more axles = 80K lbs) but less than SUPERLOAD criteria. Load may be oversize but under limits of SUPERLOAD

3.2.1.2.2 Type - Single Trip

3.2.1.2.3 Fee - $30.00 plus weight fee of $10.00 for each 8,000 lbs. or portion thereof over legal weight

3.2.1.2.4 Duration - 5 days. See subsection 4.2.1 for details.

3.2.1.2.5 Time of Travel - Monday through Sunday sunrise to sunset during the permit Effective and Expiration Dates.

3.2.1.3 Load Code 3 SUPERLOAD

3.2.1.3.1 A SUPERLOAD is defined as any vehicle or load that has any 1 of the following conditions: 15 feet or more in width; 15 feet or more in height; 120 feet or more in length; has a gross weight in excess of 120,000 lbs. Section 5.0 of this regulation provides detailed processing requirements for Superload permits.

3.2.1.3.2 Type - Single Trip

3.2.1.3.3 Fee - $60.00 plus weight fee of $10.00 for each 8,000 lbs. or portion thereof over legal weight. Additional fees may apply as described in Section 5.0.

3.2.1.3.4 Duration - 1 to 5 business days Monday - Saturday, Duration may be limited to actual move time frame based on route conditions as determined by DelDOT Traffic and Safety Engineers and noted in Special Provisions portion of permit.

3.2.1.3.5 Time of Travel - Refer to Section 5.0 under specific Types of Superload.

3.2.1.4 Load Code 4 Manufactured Housing

3.2.1.4.1 A load that is Oversize and normally legal weight but less than SUPERLOAD criteria. Permit used for movement of Manufactured Housing (Mobile Home, Modular Housing, or Office Trailer).

3.2.1.4.2 Type - Single Trip

3.2.1.4.3 Fee - $30.00

3.2.1.4.4 Duration - 5 days. See subsection 4.2.1 for details.

3.2.1.4.5 Time of Travel - Monday through Sunday sunrise to sunset during the permit Effective and Expiration Dates.

3.2.1.5 Load Code 5 Sealed Container

3.2.1.5.1 All ocean going ship containers packed with product which carry a federal inspectors seal as to purity or customs requirements, and which results in a GVW of 100,000 lbs. or less, shall be considered non-divisible loads when moving between a port and the facility where the seal is placed, or where the contents of the container are released from the seal.

3.2.1.5.2 Type - Single Trip

3.2.1.5.3 Fee - $30.00 plus weight fee of $10.00 for each 8,000 pounds or portion thereof over legal weight

3.2.1.5.4 Duration - 5 days

3.2.1.5.5 Time of Travel - Monday through Sunday sunrise to sunset during the permit Effective and Expiration Dates.

3.2.1.6 Load Code 6 Ship

3.2.1.6.1 The following provisions apply:

3.2.1.6.1.1 Overall vehicle length shall not exceed 85 feet.

3.2.1.6.1.2 Overall rear overhang shall not exceed 1/3 length of the load.

3.2.1.6.1.3 Overall vehicle width shall not exceed 12 feet.

3.2.1.6.1.4 Gross weight up to 120,000 lbs. on 5 or more axles irrespective of number of pieces being hauled.

3.2.1.6.1.5 Moves are restricted to state maintained roads within 2 miles of the Port of Wilmington (excluding I495).

3.2.1.6.1.6 Permit is not truck/trailer specific.

3.2.1.6.2 Type - Multi Trip

3.2.1.6.3 Fee - $900.00

3.2.1.6.4 Duration - 5 days

3.2.1.6.5 Time of Travel - Monday through Sunday sunrise to sunset during the permit Effective and Expiration Dates.

3.2.1.7 Load Code 7 Pole & Piling

3.2.1.7.1 Permit allows for movement of Pole, Piling, and Mill Stock. Permit shall be valid for an individual tractor only.

3.2.1.7.2 Type - Multi Trip

3.2.1.7.3 Fee - $30.00

3.2.1.7.4 Duration - 30 days

3.2.1.7.5 Time of Travel - Monday through Sunday sunrise to sunset during the permit Effective and Expiration Dates.

3.2.1.8 Load Code 8 Rescinded - Reserved for future use

3.2.1.9 Load Code 9 Single-trip Interstate

3.2.1.9.1 Permit allows movement of 3 or 4 axle single vehicles (65,000 and 73,280 lbs. respectively) that exceed the Federal Bridge Formula when on the Interstate road system.

3.2.1.9.2 Type - Single Trip

3.2.1.9.3 Fee - $1.00

3.2.1.9.4 Duration - 1 Single trip in a 5 calendar day period.

3.2.1.9.5 Time of Travel - Monday through Sunday sunrise to sunset during the permit Effective and Expiration Dates.

3.2.1.10 Load Code 10 Multi-trip Interstate

3.2.1.10.1 Permit allows movement of 3 or 4 axle single vehicles (65,000 and 73,280 lbs. respectively) that exceed the Federal Bridge Formula when on the Interstate road system.

3.2.1.10.2 Type - Referred to as Multi Trip; however, permit actually allows 60 single trips in a 1 year period on 1 permit application form.

3.2.1.10.3 Fee - $60.00

3.2.1.10.4 Duration - 60 trips in a 1 year period. Movement is exempt from times of travel otherwise stated in this regulation.

3.2.1.10.5 Time of Travel - Monday through Sunday sunrise to sunset during the permit Effective and Expiration Dates.

3.2.1.11 Load Code 11 Blanket Crane

3.2.1.11.1 An annual crane permit allows movement of cranes, not used in combination with any other vehicle, as defined by 21 Del.C. c. 1, §101 (10), on designated or all unrestricted routes, or both, unless posted. In accordance with 21 Del.C. c. 45, §4504, this permit can be obtained only by operators of self-propelled cranes. Separate permits are required for each power unit, and are not transferable.

3.2.1.11.2 The following provisions apply:

3.2.1.11.2.1 Permit shall have duration of 1 year from the effective date.

3.2.1.11.2.2 Movement will be in compliance with Section 4.0 with the following exceptions:

3.2.1.11.2.2.1 Self-propelled cranes with an annual blanket permit may move 24 hours a day. Monday-Sunday except during restricted Holiday periods.

3.2.1.11.2.2.2 Self-propelled cranes with an annual blanket permit moving at night will have warning lights in accordance with Section 4.0.

3.2.1.11.2.2.3 During holiday restricted periods movement of self-propelled cranes with blanket permits must follow procedures stated in Section 6.0.

3.2.1.11.2.2.4 In designated congested areas, DelDOT may restrict movement during AM and PM commuter travel periods.

3.2.1.11.2.2.5 The blanket permit holder is required and responsible for obtaining current travel restrictions prior to movement with blanket permits.

3.2.1.11.3 Size of crane must not exceed:

Length - 70 feet

Width - 12 feet

Height -13 feet 6 inches

Weight -

2 axles - 56,000 lbs.

3 axles - 84,000 lbs.

4 axles - 112,000 lbs.

5 axles or more - 120,000 lbs.

Maximum single axle weight should be 28,000 lbs. in any axle configuration.

3.2.1.11.4 The following fee structure shall apply:

3.2.1.11.4.1 The base cost of a one-year Blanket Permit is:

$1,500 for Self-Propelled Cranes up to and including 24,000 lbs.

$2,500 for Self-Propelled Cranes over 24,000 lbs.

3.2.1.11.4.2 There is also a weight fee, which is calculated as follows:

3.2.1.11.4.2.1 A $10.00 per-trip charge is assessed per each 8,000 lbs. (or fraction thereof) over the licensed weight (legal limit based on the number of axles: 2 axles - 40,000 lbs.; 3 axles - 65,000 lbs.; 4 axles - 73,280 lbs.; 5 or more axles - 80,000 lbs.).

3.2.1.11.4.2.2 The difference between the actual weight and the legal weight is divided by 8,000 lbs. to arrive at a computation factor, which is rounded to the nearest whole number. This factor is then multiplied by $10.00 to determine the additional weight fee.

3.2.1.11.4.2.3 Once the per-trip weight fee is computed, it is multiplied by 52 (based upon a reasonable determination that a Blanket Permit holder will travel at least once a week over the entire year of the permit).

3.2.1.11.4.2.4 Example - The weight fee for a 3 axle self-propelled crane at 84,000 lbs. would be computed as follows: 84,000 lbs. minus 65,000 lbs. equals 19,000 lbs. over legal licensed weight. 19,000 lbs. divided by 8,000 lbs. = 2.37, rounded down to 2. Two multiplied by $10.00 = $20.00, which is then multiplied by 52 to arrive at a yearly weight fee of $1,040.00. With the base cost, the total Blanket Permit fee in this example is $3,540.00.

3.2.1.11.4.3 Toll fees will NOT be computed as part of the blanket permit. It shall be the responsibility of the blanket permit holder to remit all toll fees at the time of toll road travel.

3.2.1.11.5 To qualify for an annual blanket permit:

3.2.1.11.5.1 Insurance must be in force for the effective duration of the permit.

3.2.1.11.5.2 A copy of current State of Delaware Business License must be available for verification.

3.2.1.11.5.3 All drivers of the affected self-propelled cranes must be properly licensed.

3.2.1.11.6 The following documentation must be forwarded to the Hauling Permit Office prior to the submission of the online hauling permit application:

3.2.1.11.6.1 Copy of Vehicle registration.

3.2.1.11.6.2 Original weight certification signed by the Delaware State Police Truck Enforcement Unit individual performing the certification. Certified weight of each self-propelled crane. Certification of crane (with full tank of fuel and driver) will be performed, by appointment, at the Smyrna (Blackbird) or 301 (Middletown) Weigh Station by personnel of the Delaware State Police Truck Enforcement Unit. Crane must be presented in a reduced load configuration (Required removal of component items, using appropriate equipment, in no more than 8 work hours). The applicant for a non-divisible load permit has the burden of proof as to the number of work hours required to dismantle the load. Contact to set up an appointment by calling 302-378-5230 (Blackbird) or 302-378-5714 (Middletown).

3.2.1.11.6.3 Crane manufacturer dimensional drawing.

3.2.1.11.6.4 Pictures of each self-propelled crane - sides, front, and rear.

3.2.1.11.6.5 A full description of the roadway lighting system. A self-propelled crane that does not meet the prescribed lighting requirements will not be issued a blanket permit.

3.2.1.11.7 Violation of any established rules and regulations during the time a blanket permit is held shall be cause for suspension of the current blanket permit for a time period determined by DelDOT (according to the severity of the violation). Subsequent violations could result in the loss of the permit for the remainder of the permit term, the ability to obtain future blanket permits, or both.

3.2.1.11.8 Movement from origin to destination must be by the most feasible direct route. Under all conditions, the permit holder must comply with safety considerations, bridge loading and clearance postings, and roadway restrictions and postings.

3.2.1.11.9 Blanket permit applications will be processed within 2 weeks of submission of all required documents. Application packets are only required for permit renewals if any changes, specifically with GVW or individual axle weights, differ from previous permit.

3.2.1.11.10 RESTRICTIONS:

3.2.1.11.10.1 A Superload will not be permitted under a blanket permit.

3.2.1.11.10.2 Travel on Interstate highways will not be permitted under a blanket permit. In accordance with Federal Truck Weight Limit Laws, Oversize/Overweight vehicles must use the Federal Bridge Formula each time that travel is desired on Interstate highways. In order to properly do this, a single-trip permit must be processed.

3.2.1.12 Load Code 12 Twin Trailer

3.2.1.12.1 Permit allows movement of a truck tractor - twin trailer combination when off the STAA road network. Permit is issued for a specific route as when exceeding reasonable access between the national network and terminal points of loading and unloading. Vehicle must be legal weight with a width of not more than 102 inches. Route must not have a posted speed limit over 30 m.p.h. and have travel lanes less than 11 feet wide as measured from face of curb or edge of travel way.

3.2.1.12.2 Type - Multi Trip

3.2.1.12.3 Fee - $300.00

3.2.1.12.4 Duration - 30 Days

3.2.1.12.5 Times of Travel - Monday through Sunday 24 hour continuous movement.

3.2.1.13 Load Code 13 Zero Emission Bus

3.2.1.13.1 Permit allows movement of a zero emission bus which exceeds the maximum gross vehicle weight or maximum axle weights as specified in subsection 2.4 and Table 2.1. The permit will apply to a zero emission bus that is owned by a governmental or private entity to travel unrestricted on all routes within the state.

3.2.1.13.2 Type – Multi Trip

3.2.1.13.3 Fee

3.2.1.13.3.1 Zero emission bus owned by a governmental entity - fee as per subsection 3.2.2

3.2.1.13.3.2 Zero emission bus owned by a non-governmental entity, the cost of a 1-year blanket permit is $1,500.

3.2.1.13.4 Permit shall have duration of 1 year from the effective date.

3.2.1.13.5 Times of Travel – Monday through Sunday 24 hour continuous movement.

3.2.1.13.6 The blanket permit holder is required and responsible for obtaining current travel restrictions prior to movement with blanket permits.

3.2.1.13.7 Movement from origin to destination must be by the most feasible direct route. Under all conditions, the permit holder must comply with safety considerations, bridge loading and clearance postings, and roadway restrictions and postings.

3.2.1.14 Load Code 14 Refrigerated Meat Products

3.2.1.14.1 Permit allows movement of containerized cargo consisting of refrigerated meat products which exceeds the maximum gross vehicle weight or maximum axle weights as specified in subsection 2.4 and Table 2.1. The permit is issued and assigned to the power unit (truck tractor).

3.2.1.14.2 Vehicle must be a minimum 6-axle combination; 3-axle truck tractor.

3.2.1.14.3 Gross vehicular weight must not exceed 107,500 lbs.

3.2.1.14.4 Maximum weight on any axle must not exceed 20,000 lbs.

3.2.1.14.5 Movement from origin to the destination is permitted only on the following route:

3.2.1.14.5.1 Entering the State of Delaware along southbound Interstate 495 from Pennsylvania, exit at DE Route 92 (Naamans Road), turning left onto DE Route 92 (Naamans Road), ending at 400 Naamans Road.

3.2.1.14.5.2 No other routes are permitted under this blanket permit.

3.2.1.14.6 The permit holder is required and responsible for obtaining current travel restrictions prior to movement with blanket permits.

3.2.1.14.7 Type - Multi Trip

3.2.1.14.8 The following fee structure shall apply:

3.2.1.14.8.1 The base cost of a 1-year blanket permit is $2,500.

3.2.1.14.8.2 There is also a weight fee, which is calculated as follows:

3.2.1.14.8.2.1 A $10.00 per-trip charge is assessed per each 8,000 lbs. (or fraction thereof) over the licensed weight (legal limit based on the number of axles (5 or more axles - 80,000 lbs.).

3.2.1.14.8.2.2 The difference between the actual weight and the legal weight is divided by 8,000 lbs. to arrive at a computation factor, which is rounded to the nearest whole number. This factor is then multiplied by $10.00 to determine the additional weight fee.

3.2.1.14.8.2.3 Once the per-trip weight fee is computed, it is multiplied by 52 (based upon a reasonable determination that a blanket permit holder will travel at least once a week over the entire year of the permit).

3.2.1.14.8.2.4 Example - The weight fee for a refrigerated meat product load at 107,500 lbs. would be computed as follows: 107,500 lbs. minus 80,000 lbs. equals 27,500 lbs. over legal licensed weight. 27,500 lbs. divided by 8,000 lbs. = 3.44, rounded down to 3. Three multiplied by $10 = $30, which is then multiplied by 52 to arrive at a yearly weight fee of $1,560. With the base cost, the total Blanket Permit fee in this example is $4,060.

3.2.1.14.8.3 Toll fees will NOT be computed as part of the blanket permit. It shall be the responsibility of the blanket permit holder to remit all toll fees at the time of toll road travel.

3.2.1.14.9 Permit shall have duration of 1 year from the effective date.

3.2.1.14.10 Times of Travel - Monday through Sunday 24 hour continuous movement, except during restricted holiday periods and designated weather related travel restrictions.

3.2.1.14.11 To qualify for an annual blanket permit:

3.2.1.14.11.1 Insurance must be in force for the effective duration of the permit.

3.2.1.14.11.2 A copy of the current State of Delaware Business License must be available for verification.

3.2.1.14.11.3 All drivers of the affected truck tractor must be properly licensed.

3.2.1.14.11.4 The following documentation must be scanned and submitted to the Hauling Permit office at haulpermit@delaware.gov concurrent with the submission of the online hauling permit application:

3.2.1.14.11.4.1 Copy of vehicle registration.

3.2.1.14.11.4.2 Copy of valid insurance certificate.

3.2.1.14.12 Blanket permit applications will be processed within 2 weeks of submission of all required documents. All blanket permits will be re-evaluated prior to renewal. Application packets are only required for permit renewals if any changes, specifically with GVW or individual axle weights, differ from previous permit.

3.2.2 Government No Charge Permits

The Department may issue no charge hauling permits to government agencies (Federal, State, County & Local) for the movement of their over-dimensional or overweight equipment.

Note: Additional information concerning the formulation of such an agreement can be obtained by contacting the Hauling Permit Office at (302) 744-2700.

3.2.3 Extreme Emergency Permits

An extreme emergency hauling permit is defined as authorization to move OSOW equipment in response to a calamity, existing or imminent, man-made or natural causes, or other situations which requires immediate remedial action to protect life or property. An example of an emergency move would be movement of equipment in response to a train derailment, flood, explosion, etc. See Section 6.0 for detailed processing instructions.

3.3 How to Apply. OSOW hauling permits can be applied for electronically as described in subsection 3.3.1 below or via a Third Party as described in subsection 3.3.2. Applications for permits will not be accepted via phone, in-person or facsimile.

3.3.1 Electronically. OSOW hauling permit application can be entered directly on the DelDOT OSOW Permit System at https://www.deldot.gov/osow/application/login

3.3.1.1 To use the DelDOT web based Oversize Overweight Permit System customer must establish an online account. 'Click' on the Don't have an online account? Register now link located beneath the Login box to self register.

3.3.1.2 This direct entry process is described in detail in the State of Delaware Oversize/Overweight Permit System User's Guide for the On-Line Customer. To view guide 'Click' on User Guide located under Information group.

3.3.2 Third Party. Permits may also be obtained by contacting any 1 of the several communications redistribution firms (Permit Services) authorized by the State to perform such work.

3.4 Rules of Issuance

3.4.1 Any person making application for a permit shall provide accurate information concerning the granting of the permit. Any permit obtained on the basis of false or misleading data is null and void. Any fee levied for it shall not be transferred or returned.

3.4.2 No person shall violate any of the terms, conditions, restrictions, rules, or regulations published as a part of this policy or stated on the permit. Failure by the applicant to comply with and agree to all provisions stated within this policy and stated on the face of the permit shall render the permit null and void. Such violations may also be the basis for denying future permits.

3.4.3 All permit applications will be considered on an individual basis. The safety devices, rules, and regulations required of each move are described in Section 4.0 of this regulation. The Department reserves the right to require flaggers, additional signs, additional lighting, additional company escort vehicles, Delaware State Police escorts, or any combination thereof, along with any other safety devices deemed necessary by DelDOT to ensure the safety of the traveling public.

3.4.4 The issuance of a hauling permit by the State in no way guarantees any roadway or structure to be capable of carrying or passing the vehicle or load described. The permit does not supersede any lesser load limit posted on a bridge or highway unless so noted.

3.4.5 The permittee shall assume all responsibility for any damages to road surface, traffic control devices, bridges, above ground utilities, or other structures and all liability in case of injury to person or property, public or private that may result from such movement. Liability and property damage insurance in sufficient amounts to cover any and all claims that may arise shall be carried by the permittee, and under the coverage, the State of Delaware shall be saved harmless from any such claim.

3.4.6 Every permit granted shall be electronically generated. Each permit shall contain a description of the vehicle and load, a complete routing schedule, with exceptions, and a statement of fee levied.

3.4.7 Permits may be granted only for vehicles or trailers complying with Title 21, Chapter 21, of the Delaware Code. Every permit, including supporting documentation, shall be carried in the vehicle to which it refers during the movement it authorizes and it shall be open to inspection by any police officer or DelDOT employee. Copies of multi-trip permits issued to utility companies may be carried by their vehicles in lieu of the original. Copies of multi-trip permits issued for bus operation may be carried in the buses in lieu of the original. Copies of multi-trip permits issued for the movement of double-bottom vehicles may be carried in the vehicle in lieu of the original or they may be posted at the destination point of the route or they may be retained at the nearest office of the permittee. Copies of multi-trip route permits shall be posted at the destination point or the main office of the company. Copies of a ship permit may be carried by the movers of the loads associated with the ship permit.

3.4.8 Permits shall not be issued for a reducible load, with the exception of 3 and 4 single axle vehicles and ship permits described herein.

3.4.9 Delaware law allows for 3-axle vehicles to carry up to 65,000 lbs., 70,000lbs. with an annual weight registration fee permit, and 4-axle vehicles the GVW permitted is 73,280 lbs. These vehicles are legal on all roads in Delaware with the exception of the Interstate system where the Bridge Formula prevails. The State of Delaware, under grandfather clauses, allows for single trip permits to be issued for these vehicles to run on the Interstate system in Delaware up to their registered or permitted weight.

3.4.10 Delaware acknowledges being pre-exempted for reasonable access to be in compliance with 23FR658.19. With the exception of the Interstate system, all designated routes have full facilities on route and do not require additional access. On the Interstate system, reasonable access shall be as defined in 23CFR658.19 except at those interchanges where no facilities are available and are so signed.

3.4.11 A permit may be denied or revoked in order to preserve the safety of the traveling public, to protect the structural integrity of highways or bridges, or as otherwise authorized by the Department.

3.4.12 Permitted loads not exceeding 75 feet in Length, 12 feet in Width, 14 feet 6 inches in Height, and 120,000 lbs. will be allowed to move from 9pm to 5am Monday through Friday with prior approval. When applying for an oversize load permit, the night time travel must be requested and approval indicated in the Special Provisions portion on the approved permit. DelDOT reserves the right to restrict moves within this time period on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.

3.4.13 If load cannot be moved at posted speed the permittee shall note the travel speed of the load along the intended route on the permit application. DelDOT reserves the right to restrict moves on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.

3.5 Amending a Validated Permit. Only a DelDOT Permit Agent can amend a Validated permit. The Customer must telephonically notify the Hauling Permit office on or before the expiration date to request an amendment of a Validated permit.

3.5.1 Only the following data fields may be amended on a Validated (Purchased) permit due to a breakdown of the piece of equipment:

Power Unit License Number

Trailer License Number

Note: Both Power Unit and Trailer License Numbers cannot be amended on the same permit unless it is prior to effective date of permit.

3.5.2 Route may be amended due to limitations of roadways as determined by DelDOT. Beginning and ending route (other than a beginning or terminal point within Delaware) may be amended if confirmed by bordering state DOT Highway Official.

3.5.3 Extension of Expiration Date. On a Validated (Purchased) permit the expiration date may be extended 3 days due to a breakdown of the piece of equipment.

3.5.4 Weather conditions or other natural causes - The expiration date may be amended to the next business day after expiration date that roadways are clear of weather conditions or other natural causes as determined by DelDOT.

3.5.5 Fee - A fee of $10.00 may be charged to amend a Validated permit.

History

23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
21 DE Reg. 585 (01/01/18)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
17 DE Reg. 756 (01/01/14)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)

2 Del. Admin. Code § 2405-4.0 Provisional Permit Requirements (Common Safety Standards)

4.1 Introduction. The Delaware Department of Transportation has adopted the following general permit requirements set forth in this section for use by permittees when in transit within Delaware. These requirements have been adopted in part from the Guide for Vehicle Weights and Dimensions prepared by the Subcommittee on Highway Transport and officially adopted by the American Association of State Highway and Transportation Officials (Revised April 2001). These requirements are set forth, in order to promote public safety, minimize impacts to the traveling public, and minimize impacts/damage to public facilities.

4.2 Times of Travel

4.2.1 Permitted vehicles may move during the permit Effective and Expiration Dates as indicated below unless otherwise authorized or prohibited by other requirements in this section. DelDOT also reserves the right to restrict moves within this time period on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.

4.2.1.1 Load Code 1 Oversized - Monday through Sunday sunrise to sunset

4.2.1.2 Load Code 2 Overweight - Monday through Sunday sunrise to sunset.

4.2.1.3 Load Code 3 Superload - Refer to Section 5.0, specifically subsection 5.3.

4.2.1.4 Load Code 4 Manufactured Housing - Monday through Sunday sunrise to sunset.

4.2.1.5 Load Code 5 Sealed Container - Monday through Sunday 24 hour continuous movement.

4.2.1.6 Load Code 6 Ship - Monday through Sunday 24 hour continuous movement.

4.2.1.7 Load Code 7 Pole & Piling - Monday through Sunday 24 hour continuous movement.

4.2.1.8 Load Code 9 Single Trip Interstate - Monday through Sunday 24 hour continuous movement. Movement is exempt from holiday restriction periods.

4.2.1.9 Load Code 10 Multi Trip Interstate - Monday through Sunday 24 hour continuous movement. Movement is exempt from holiday restriction periods.

4.2.1.10 Load Code 11 Annual Crane - Monday through Sunday 24 hour continuous movement. Movement during holiday restriction periods must follow emergency procedures in Section 6.0 of this regulation.

4.2.1.11 Load Code 12 Twin Trailer - Monday through Sunday 24 hour continuous movement.

4.2.1.12 Load Code 13 Zero Emission Bus – Monday through Sunday 24 hour continuous movement.

4.2.1.13 Load Code 14 Refrigerated Meat Products - Monday through Sunday 24 hour continuous movement, except during restricted Holiday periods and designated weather related travel restrictions.

4.2.2 Permitted loads not exceeding 75 feet in Length, 12 feet in Width, 14 feet 6 inches in Height, and 120,000 lbs. will be allowed to move from 9pm to 5am Monday through Friday with prior approval. DelDOT also reserves the right to restrict moves within this time period on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety. Haulers requesting night movement must set the After Hour Move box on the permit application and enter "Request night movement of envelope vehicle/load" in the Comments section of the online permit application.

4.2.3 If the Department authorized permitted vehicles, other than those designated in subsection 4.2.2 above, to move during designated times between sunset and sunrise special lighting requirements as identified in this section of the regulation must be incorporated with move. If a night move is authorized, the Department may also require additional lights, company escort vehicles, Delaware State Police escort vehicles, or a combination thereof on a case-by-case basis as identified in the Special Provisions portion of the hauling permit.

4.2.4 Due to the amount of highway traffic on holidays, vehicles and loads requiring oversize or overweight permits shall be prohibited from traveling on those days. Prohibited holidays include New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and Christmas. Movement of such vehicles and loads may also be prohibited on any other days or hours when such movements may substantially affect the safety of the motoring public. For specific movement days and times refer to the Holiday Restrictions link on the DelDOT OSOW Permit System www.osow.deldot.gov

4.3 Inclement Weather. When road conditions, visibility or unfavorable weather conditions make traveling hazardous to the operator or the traveling public, permitted vehicles are not authorized to operate, unless responding to an emergency. Vehicles, which are underway when inclement weather occurs, shall exit the road at the first available safe location and park in a safe place until the weather clears or until road conditions improve to allow safe travel conditions. Law enforcement judgment shall prevail in all circumstances.

4.4 Speed Limits

4.4.1 Vehicles and loads requiring permits may travel at the posted maximum speed limits unless specifically prohibited by the permit. Oversized/overweight moves that must operate at speeds lower than the posted speed limit shall be subject to additional time restrictions as determined by DelDOT Traffic.

4.4.2 If load cannot be moved at posted speed the permittee shall note the travel speed of the load along the intended route on the permit application and may be subject to additional requirements based on the information provided by the permittee at time of permit application.

4.5 Routing

4.5.1 To the greatest extent possible, permittees and users shall limit travel to the shortest practical route using Interstate and State routes to reduce travel on secondary and local highways. The most direct route shall be used for all oversize/overweight moves. Deviation from the route specified on the permit is not permitted and is cause for revocation of the permit. Intermediate stopping points and round trips are not permitted under a single trip hauling permit.

4.5.2 The permit shall authorize movement only on the pavement portion of those highways specified in the permit. The permit does not authorize movement upon shoulders unless so noted.

4.5.3 The permit is only for route designated. The permit is only issued for movement on state maintained roadways.

4.5.4 DelDOT publishes a list of permanently and temporarily restricted routes in which vehicles possessing a valid oversize/overweight vehicle permit are not authorized to travel upon.

4.5.4.1 During the application process, it will be the permittee's responsibility to make sure that the route they will be traveling does not include any permanently or temporarily restricted routes.

4.5.4.2 The lists of permanently and temporarily restricted routes can be found on DelDOT's website at the following locations:

4.5.4.2.1 Permanently Restricted Routes: https://www.deldot.gov/osow/application/permrestrictions

4.5.4.2.2 Temporarily Restricted Routes: https://www.deldot.gov/osow/application/temprestrictions

4.5.4.3 The Department reserves the right to route vehicles to a permanently or temporarily restricted route on a case-by-case basis.

4.5.4.4 The Department also reserves the right to change the list of permanently or temporarily restricted routes at any time without notice to the permittee.

4.6 Safety Requirements. The Delaware Department of Transportation has adopted the supplemental safety requirements as outlined below in addition to any other requirements that are set forth in this regulation and the Delaware Manual on Uniform Traffic Control Devices (MUTCD). The requirements that are presented below shall be adhered to for all oversized/overweight moves, including standard (non-superload) moves and superload moves.

4.6.1 Escort vehicles shall be provided for oversize/overweight moves in order to enhance the safety of the traveling public, enhance the safety of the people involved in the movement of the over dimensional load and to prevent damage to the State's highway system. Individual escort vehicle requirements are outlined in the following subsections and are summarized in Table 4.2:

4.6.1.1 Escort vehicles shall be a single unit non-permitted vehicle, no smaller than a compact car. The escort vehicle shall not be attached to any other vehicle.

4.6.1.2 Escort vehicles shall escort only 1 oversize vehicle or load. More restrictive conditions may be required on high volume highways or when the lane width is less than 12 feet.

4.6.1.3 One escort vehicle is required for vehicles and loads more than 13 feet in width but not exceeding 14 feet. The escort vehicle shall be behind an over width vehicle or load on a multilane highway, and in front of an over width vehicle or load on a 2-lane highway.

4.6.1.4 Two escort vehicles are required for vehicles and loads more than 14 feet in width. One escort vehicle shall be in front of the over width vehicle or load and 1 behind. A separate state police escort (third escort) is required for vehicles and loads more than 15 feet in width.

4.6.1.5 Vehicles and loads 90 feet or more in overall length are required to have 1 rear escort vehicle. Vehicles and loads 100 feet or more in overall length are required to have 2 escorts, 1 in front, and 1 in the rear. Vehicles and loads 120 feet or more in length are required to have a separate state police escort (third escort).

4.6.1.6 Two escort vehicles are required for vehicles and loads 15 feet or more in height. One escort vehicle shall be in front of the over height vehicle or load and 1 behind. A separate state police escort (third escort) is required for vehicles and loads 17 feet - 6 inches or more in height.

4.6.1.7 Vehicles and loads with a rear overhang of 15 feet or more shall have 1 rear escort unless the permit specifies otherwise.

4.6.1.8 Two escort vehicles, 1 in front and 1 behind the oversize vehicle, are required when previous paragraphs separately require 1 escort in the front and 1 behind for multiple conditions.

4.6.1.9 Two escort vehicles are required for vehicles and loads over 120,000 lbs. weight. One escort vehicle shall be in front of the overweight vehicle or load and 1 behind.

4.6.1.10 A single Delaware State Police escort can escort 2 or more loads in a single move if the loads are moved at the same time, other required escorts are available as stated above, and communication is present between the loads.

4.6.1.11 Vehicles and loads that are only overweight or are 12 feet or less in width and that cannot move freely with the flow of traffic may be subject to escort requirements.

4.6.1.12 Escort vehicles shall have visual contact with the permitted vehicle and have 2-way radio communication with the driver of the permitted vehicle.

Note: See subsections 4.6.1.8 through 4.6.1.12 for additional escort vehicle requirements

4.6.2 Warning Flags

4.6.2.1 Required warning flags shall be in evidence during daylight hours. Red or orange fluorescent warning flags are required and shall be at least 18 inches square. Flags shall be securely fastened to the vehicle or load by at least 1 corner of the flag or securely mounted on a staff.

4.6.2.2 Warning flags are required on vehicles and loads, which exceed legal width. These vehicles and loads are required to bear flags at the extremities of the vehicle or load as shown in Figure 4.1.

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.2.3 Flags are also required on vehicles and loads which exceed legal length or which have a rear overhang in excess of 4 feet. There shall be a single flag at the extreme rear if the over length or projecting portion is 2 feet wide or less. Two flags are required if the over length or projecting portion is wider than 2 feet and shall be located to indicate maximum width. (See Figure 4.2)

Figure 4.2: Warning Flags on Overlength Loads or Loads With a Rear-End Overhang

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.3 Warning Lights. General Lighting Requirements

4.6.3.1 Load hauling vehicles and escort vehicles shall travel with low beam headlights on at all times.

4.6.3.2 While not required in Delaware, load-hauling vehicles may display a flashing 360-degree yellow (amber) light at an elevation above the highest point of the vehicle. A second flashing 360-degree light may be at the rear of the load if the load obstructs the visibility of the 360-degree light on the load-hauling vehicle. The 360-degree light shall be visible in all directions from a distance of 1,000 feet during daylight hours with a flash rate of 60 to 90 flashes per minute (FPM). The 360-degree light lens shall be at least 4 inches high whose minimum width or diameter at that height is 4 3/4 inches.

4.6.3.3 While not required in Delaware, warning lights for escort vehicles shall be located on the roof of the vehicle perpendicular to the length of the escort vehicle. The warning light bar shall be a minimum of 43 inches and a maximum of 52 inches long, a minimum of 10 inches and a maximum of 13 inches wide, and a minimum of 4 inches and a maximum of 8 inches high, consisting of flashing or strobe lights. Each warning light bar shall consist of a minimum of 4 lights. If flashing lights are used, they shall consist of at least 2 95 and 2 150 minimum FPM rotators; mirrors shall be placed diagonally between lights (mirrors to be reflective on both sides). All lights shall be visible on a 360-degree basis from the vehicle for a distance of 1,000 feet and arranged with at least 2 lights in each end of the bar light. The dome cover color shall be amber. The warning lights may be displayed while escorting the load in Delaware.

4.6.3.4 Whenever the rear running lights, stop lights, turn signals, or hazard-warning lights are obstructed by the load on a vehicle, lighting equipment shall be displayed on the rear of the load equivalent to the obstructed lights or signals.

4.6.4 Load Warning Lights

4.6.4.1 Warning lights shall be used for authorized night operations as shown in Figures 4.3 and 4.4. The lights must be visible from a minimum of 500 feet in all directions. The lights shall be steady burning. The color of the lights shall be as follows:

4.6.4.1.1 Amber: Lights on extremities visible from the front of the vehicle or load and lights on extremities in the middle or near the front of the vehicle or load.

4.6.4.1.2 Red: Lights on extremities visible at the rear or near the rear of the vehicle or load.

4.6.4.2 For overwidth loads uniform in width, place amber lights on the forward corners of the load and red lights on the rear corners of the load as shown in Figure 4.3.

4.6.4.3 If the load is overwidth for its entire length with a wider portion near the middle of the load, place red and amber lights at the rear and front corners of the load, respectively, with amber lights on the sides at the extreme limits of the load as shown in Figure 4.3.

4.6.4.4 If the load is nonuniform in width with the overwidth portion at the rear extremity of the load, place red lights on the side of the load at its extreme width as shown in Figure 4.3.

4.6.4.5 If the load is nonuniform in width with the overwidth portion to the front, place amber lights on the side at the load extremities as shown in Figure 4.3

Figure 4.3: Warning Lights on Overwidth Loads

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.4.6 For loads of legal width that are over length with a rear overhang exceeding 4 feet, place 4 red lights on the rear and sides of the overhanging portion of the load as shown in Figure A.4. Amber lights are required at least every 6 feet on both sides of the overhang as shown below.

Figure 4.4: Warning Lights on Overlength Load or Loads With a Rear-End Overhang

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.5 Warning Signs

4.6.5.1 Warning signs shall be displayed during all oversize movements. Load hauling vehicle warning signs shall be at least 7 feet long and 18 inches high. The sign's background shall be yellow with black lettering, and for night moves, constructed of a high-intensity reflective material. Letters shall be at least 10 inches high with a 1.41-inch brush stroke. Note: If Series E Modified text is used, the brush stroke shall be 2 inches.

4.6.5.2 Vehicles and loads exceeding legal width shall display 2 signs with the wording "OVERSIZE LOAD". One sign shall be on the front of the vehicle. The other shall be on the rear of the load; however, if the sign cannot be attached to, or is not legible on the load, then the sign shall be attached to the rear of the vehicle itself. Refer to Figure 4.5.

Figure 4.5: Warning Signs on Oversize Loads

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.5.3 Vehicle and loads exceeding legal length or legal rear overhang shall be required to display 2 signs with the wording "OVERSIZE LOAD". One sign shall be on the rear of the over length or overhanging part of the load; however, if the sign cannot be attached or is not legible here, then the sign shall be attached to the rear of the vehicle itself. The other sign shall be attached to the front of the vehicle. Refer to Figure 4.6.

Figure 4.6: Warning Signs on Overlength Loads or Loads With a Rear-End Overhang

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.5.4 Escort vehicles shall display a sign on the roof or front and rear of the escort vehicle that is at least 5 feet long and 12 inches high with 8 inch high letters. For roof-mounted signs, the sign shall be legible on both sides with the wording "OVERSIZE LOAD". The sign shall be mounted on the roof perpendicular to the length of the escort vehicle. For front and rear mounted signs the legend shall read "OVERSIZE LOAD".

4.6.5.5 Warning signs shall not obstruct lights and other safety devices on the vehicle with load or on the escort vehicle.

History

23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
21 DE Reg. 585 (01/01/18)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
17 DE Reg. 756 (01/01/14)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)

2 Del. Admin. Code § 2405-5.0 Additional Requirements for Superload Permits

5.1 Definition

5.1.1 A superload is defined as a vehicle or load having any 1 of the following physical characteristics:

Length - 120 feet or greater;

Width - 15 feet or greater;

Height - 15 feet or greater;

Gross Vehicle Weight (GVW) - 120,000 lbs. or greater.

5.1.2 A superload is further defined by type of physical characteristics.

Type 1 - Length only

Type 2 - Width only

Type 3 - Height only

Type 4 - GVW only

Type 5 - Combination of 2 or more physical characteristics

5.2 General

5.2.1 Superload moves will be considered on a case by case basis.

5.2.2 Requirement for permit application submission and review lead time will vary depending on, but not limited to, superload type, proposed route, size of vehicle/load, and number of DelDOT sections involved with review process.

5.2.3 Permittee will enter a realistic Start Date on the permit application that will take into account the stated application review time below.

5.2.4 When Planning for Move

5.2.4.1 Review escort, sign, and flag requirements are outlined in Section 4.0 of this regulation.

5.2.4.2 Following the requirements in subsection 5.4, complete and submit a Route Survey (HP Form 16). Forms are available on the Department's website at https://deldot.gov/osow/application/forms.

5.2.4.3 Complete and submit a State of Delaware SUPERLOAD Gate Keeping Checklist (HP Form 17). Forms are available on the Department's website at https://deldot.gov/osow/application/forms.

5.2.4.4 Refer to Contact Us on OSOW Permit System web site for contact information (https://www.deldot.gov/osow/application/contactus).

5.2.4.5 The Delaware State Police shall be notified a minimum of 48 hours in advance of a superload move. To schedule a DSP escort view the DSP Escort Information link on the OSOW Permit System web site (www.osow.deldot.gov).

5.2.4.6 Be prepared to submit a dimensioned cross-sectional view of the vehicle or load.

5.3 Superload Permit Application Review Lead Time, Supporting Documentation and Special Provisions

5.3.1 Type 1 - Length only

5.3.1.1 Application Review Time - Application will typically be processed within 5 business days of submission. Additional review time may be necessary based on complexity of move, timely submission of supporting documentation and availability of Department staff The Department will accept no liability or other claim due to processing delay or the refusal to permit the move at all.

5.3.1.2 Supporting Documentation

5.3.1.2.1 Permit application normally will not require supporting documentation, however, for a move of extreme length, as determined by DelDOT a route survey (See subsection 5.4 entitled Route Survey Requirements) shall be requested to guarantee that a single movement can occur along the intended route. If the permitted load is forced to conduct multiple movements to maneuver through a specific location of the route, the route survey must note the impacts. Additional arrangements or data may be required to accommodate these maneuvers. Hauler is responsible for all costs associated with this work.

5.3.1.3 Times of Travel - Type 1 superload moves will be authorized to move from sunrise to sunset Monday - Sunday during the period between the permit Effective and Expiration Dates.

5.3.1.3.1 DelDOT reserves the right to restrict moves within time periods noted above on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.

5.3.1.3.2 To request movement during hours other than those noted above, the permittee must provide the following 3 specific items in the Comments section of the permit application:

5.3.1.3.2.1 JUSTIFICATION (explain why move is necessary);

5.3.1.3.2.2 DATE OF MOVE / DATES OF MOVE;

5.3.1.3.2.3 INCLUSIVE TIMES OF MOVE in DELAWARE (Start Time of move in Delaware or at state line and End Time at destination in Delaware or state line).

5.3.1.3.3 The review process may take up to 14 business days.

5.3.1.4 Special Provisions

5.3.1.4.1 Hauler will have 1 Front Escort, 1 Rear Escort and contract 1 Delaware State Police Trooper and Patrol Car. The permitted load may require additional Delaware State Police Troopers and Patrol Cars based on the physical characteristics of the load.

5.3.1.4.2 Additional Special Provisions may apply and will display in the Special Provisions portion of the final permit.

5.3.2 Type 2 - Width only

5.3.2.1 Application Review Time - Application will typically be processed within 10 business days of submission. Additional review time may be necessary based on complexity of move, timely submission of supporting documentation and availability of Department staff. The Department will accept no liability or other claim due to processing delay or the refusal to permit the move at all.

5.3.2.2 Supporting Documentation

5.3.2.2.1 Permit application may not require supporting documentation, however, for a move of extreme width, as determined by DelDOT a route survey (See subsection 5.4 entitled Route Survey Requirements) shall be requested to guarantee that a single movement can occur along the intended route. If the permitted load is forced to conduct multiple movements to maneuver through a specific location of the route, the route survey must note the impacts. Additional arrangements or data may be required to accommodate these maneuvers. Hauler is responsible for all costs associated with this work.

5.3.2.2.2 For width clearance, the route survey shall guarantee that no portion of the movement shall be within 3 or 6 inches on each side of any lateral object. Lateral objects may include utility poles, cables, signs, limbs of trees, or structures. If the permitted vehicle is forced to leave the right lane of travel to avoid a lateral obstruction, maneuver through a work zone, or arrangements need to be made to move any object, the route survey must note the necessary impacts. Hauler is responsible for all costs associated with this work.

5.3.2.2.3 If the load is so wide that passage by it cannot occur to clear queued traffic, the escort requirement shall include sufficient Police Officers to provide diverting of traffic at reasonable points.

5.3.2.2.4 If the load cannot allow vehicle passage, maintenance of traffic may be required. Please refer to subsection 5.5 entitled Detour/Maintenance of Traffic (MOT) Requirements. Hauler is responsible for all costs associated with this work.

5.3.2.3 Times of Travel - Type 2 superload moves will be authorized to move from sunrise to sunset Monday - Sunday during the period between the permit Effective and Expiration Dates. Movement should be avoided from 6:00 a.m. through 9:00 a.m. and 3:00 p.m. through 7:00 p.m.

5.3.2.3.1 DelDOT reserves the right to restrict moves within time periods noted above on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.

5.3.2.3.2 To request movement during hours other than those noted above, the permittee must provide the following 3 specific items in the Comments section of the permit application:

5.3.2.3.2.1 JUSTIFICATION (explain why move is necessary);

5.3.2.3.2.2 DATE OF MOVE / DATES OF MOVE;

5.3.2.3.2.3 INCLUSIVE TIMES OF MOVE in DELAWARE (Start Time of move in Delaware or at state line and End Time at destination in Delaware or state line).

5.3.2.3.3 The review process may take up to 14 business days.

5.3.2.4 Special Provisions

5.3.2.4.1 Hauler will have 1 Front Escort, 1 Rear Escort and contract 1 Delaware State Police Trooper and Patrol Car. The permitted load may require additional Delaware State Police Troopers and Patrol Cars based on the physical characteristics of the load.

5.3.2.4.2 Additional Special Provisions may apply and will display in the Special Provisions portion of the final permit.

5.3.3 Type 3 - Height only

5.3.3.1 Application Review Time - Application will typically be processed within 10 business days of submission. Additional review time may be necessary based on complexity of move, timely submission of supporting documentation and availability of Department staff. The Department will accept no liability or other claim due to processing delay or the refusal to permit the move at all.

5.3.3.2 Supporting Documentation

5.3.3.2.1 Permit application may not require supporting documentation, however, for a move of extreme height, as determined by DelDOT a route survey (See subsection 5.4 entitled Route Survey Requirements) shall be requested to guarantee that a single movement can occur along the intended route.

5.3.3.2.2 If a Route Survey (HP Form 16) is required it shall guarantee that no portion of the movement shall be within 6 inches of any overhead object. If the permitted vehicle is forced to leave the right lane of travel to avoid an overhead obstruction, maneuver through a work zone, or arrangements need to be made to move any overhead object, the route survey must note the necessary impacts. Please refer to subsection 5.4 entitled Route Survey Requirements. Hauler is responsible for all costs associated with this work. DelDOT Traffic must receive a copy of the route survey prior to the approval of the permit.

5.3.3.2.3 Depending upon the height of the superload, a DelDOT Traffic approved electrical contractor may be required to perform the adjustment/removal or repair/replacement of any traffic signal equipment along the route during the move. The work performed by DelDOT Traffic's electrical contractor will be under the supervision of DelDOT Traffic Signal Maintenance. Hauler is responsible for all costs associated with this work and any repairs that are a result of the move. DelDOT Traffic must receive written confirmation prior to the approval of the permit, that the approved contractor will be available with adequate resources. Skidding of traffic signal equipment is not permitted.

5.3.3.2.4 Clearance shall be obtained from the appropriate utility companies serving the intended route. DelDOT must receive written confirmation from utility companies prior to the approval of the permit. Hauler needs to determine and provide DelDOT detail as to the work that will be required by the utility companies along the proposed route (adjustment up or taking down of lines) as this may create the need for additional traffic control measures. Hauler is responsible for all associated costs with this requirement.

5.3.3.2.5 Vegetation clearing shall be obtained from a Delaware certified arborist along the intended route. DelDOT must receive written confirmation from the arborist performing the work prior to the approval of the permit. Hauler needs to determine and provide DelDOT details as to the work that will be required by the arborist along the proposed route (description and location of vegetation removal) as this may create the need for additional traffic control measures. Hauler is responsible to obtain approval from the property owner prior to removal of the vegetation. Hauler is responsible for all associated costs with this requirement.

5.3.3.2.6 Overhead wires, cables, signal or traffic lights, limbs of trees or overhead structures shall not be disturbed without first obtaining permission from the owners thereof and movements shall not be commenced until after such consents are obtained in writing. Permittee must notify and make arrangements with all utility companies and owners.

5.3.3.3 Times of Travel - Type 3 superload moves will be authorized to move from sunrise to sunset Monday - Sunday during the period between the permit Effective and Expiration Dates. Movement should be avoided from 6:00 a.m. through 9:00 a.m. and 3:00 p.m. through 7:00 p.m.

5.3.3.3.1 DelDOT reserves the right to restrict moves within time periods noted above on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.

5.3.3.3.2 To request movement during hours other than those noted above, the permittee must provide the following 3 specific items in the Comments section of the permit application:

5.3.3.3.2.1 JUSTIFICATION (explain why move is necessary);

5.3.3.3.2.2 DATE OF MOVE / DATES OF MOVE;

5.3.3.3.2.3 INCLUSIVE TIMES OF MOVE in DELAWARE (Start Time of move in Delaware or at state line and End Time at destination in Delaware or state line).

5.3.3.3.3 The review process may take up to 14 business days.

5.3.3.4 Special Provisions

5.3.3.4.1 Hauler will have 1 Front Escort, 1 Rear Escort and contract 1 Delaware State Police Trooper and Patrol Car. The permitted load may require additional Delaware State Police Troopers and Patrol Cars based on the physical characteristics of the load.

5.3.3.4.2 Additional Special Provisions may apply and will display in the Special Provisions portion of the final permit.

5.3.4 Type 4 - GVW only

5.3.4.1 Application Review Time - Application will typically be processed within 10 business days of submission. Additional review time may be necessary based on complexity of move, timely submission of supporting documentation and availability of Department staff. The Department will accept no liability or other claim due to processing delay or the refusal to permit the move at all.

5.3.4.2 Supporting Documentation

5.3.4.2.1 Permit application normally will not require supporting documentation, however, may be requested upon initial review of load and route.

5.3.4.2.2 Applications for permits which exceed a gross weight of 120,000 lbs., or which involve a route across any structure which is posted with a load limit below the gross weight of the proposed movement, must be processed and approved by the DelDOT Bridge Management Section.

5.3.4.2.3 For weight impacts, the permittee shall guarantee that no portion of the movement shall not exceed posted roadway or bridge weight limits. If the permitted vehicle is forced to structural enhance the roadway or structure to travel along the proposed route, a route survey is required noting the necessary enhancements at the structure. All enhancements must be approved by DelDOT prior to permit approval. Please refer to subsection 5.4 entitled Route Survey Requirements. Hauler is responsible for all costs associated with this work.

5.3.4.3 Times of Travel - Type 4 superload moves will be authorized to move from sunrise to sunset Monday - Sunday during the period between the permit Effective and Expiration Dates as long as they can maintain a continuous travel speed greater than or equal to 10 miles per hour below the posted speed limit. If the continuous travel speed is less than 10 miles per hour below the posted speed limit, superload moves should avoid moving from 6:00 AM through 9:00 AM and 3:00 PM through 7:00 PM Monday – Friday.

5.3.4.3.1 DelDOT reserves the right to restrict moves within time periods noted above on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.

5.3.4.3.2 To request movement during hours other than those noted above, the permittee must provide the following 3 specific items in the Comments section of the permit application:

5.3.4.3.2.1 JUSTIFICATION (explain why move is necessary);

5.3.4.3.2.2 DATE OF MOVE / DATES OF MOVE;

5.3.4.3.2.3 INCLUSIVE TIMES OF MOVE in DELAWARE (Start Time of move in Delaware or at state line and End Time at destination in Delaware or state line).

5.3.4.3.3 The review process may take up to 14 business days.

5.3.4.4 Special Provisions

5.3.4.4.1 Hauler will have 1 Front Escort and1 Rear Escort during the move. The permitted load may require Delaware State Police Troopers and Patrol Cars based on the physical characteristics of the load or known assets along the route.

5.3.4.4.2 Additional Special Provisions may apply and will display in the Special Provisions portion of the final permit.

5.3.5 Type 5 - Combination of 2 or more physical characteristics

5.3.5.1 Permittee shall adhere to all requirements set forth for Superload Type 1 to Type 4 as well as the requirements set forth in this specific type.

5.3.5.2 Application Review Time - Application will typically be processed within 14 business days of submission. Additional review time may be necessary based on complexity of move, timely submission of supporting documentation and availability of Department staff. The Department will accept no liability or other claim due to processing delay or the refusal to permit the move at all.

5.3.5.3 Supporting Documentation

5.3.5.3.1 This type of move normally will require a Route Survey (HP Form 16). Please refer to subsection 5.4 entitled Route Survey Requirements.

5.3.5.3.2 This type move normally will require State of Delaware SUPERLOAD Gate-Keeping Checklist (HP Form 17). Refer to subsection 5.2.4.3 for website link to forms.

5.3.5.4 Times of Travel - Type 5 superload moves will be authorized to move from sunrise to sunset Monday - Sunday during the period between the permit Effective and Expiration Dates but shall adhere to all additional requirements set forth in this section. Movement should be avoided from 6:00 AM through 9:00 AM and 3:00 PM through 7:00 PM Monday - Friday.

5.3.5.4.1 DelDOT reserves the right to restrict moves within this time period on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.

5.3.5.4.2 Permitted Type 5 superload moves are recommended to move Tuesday through Thursday, except during the hours of 6:00 AM through 9:00 AM and from 3:00 PM through 7:00 PM, along routes located in beach resort areas from May 15 through October 1. Permitted vehicles should not be moved along routes located in beach resort areas on Mondays, Fridays, and weekends from May 15 through October 1. DelDOT also reserves the right to restrict moves within this time period on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.

5.3.5.4.3 The Department, at its discretion, may authorize permitted vehicles to move during designated times between sunset and sunrise, however, they may be subject to special lighting requirements identified in this regulation. If a night move is authorized, the Department may also require additional lights, company escort vehicles, Delaware State Police Trooper and patrol car, or local police and patrol car on a case-by-case basis.

5.3.5.4.4 SUPERLOAD moves are not allowed to travel during holidays or special events without special permission being obtained from the Department. Requests to travel on a restricted holiday or during a special event must be submitted in writing detailing the reasoning for the move to occur. Holiday and event restrictions can be found on the OOPS System webpage by clicking on the Holiday Restrictions" link.

5.3.5.4.5 To request movement during hours other than those noted above, the permittee must provide the following 3 specific items in the Comments section of the permit application:

5.3.5.4.5.1 JUSTIFICATION (explain why move is necessary);

5.3.5.4.5.2 DATE OF MOVE / DATES OF MOVE;

5.3.5.4.5.3 INCLUSIVE TIMES OF MOVE in DELAWARE (Start Time of move in Delaware or at state line and End Time at destination in Delaware or state line).

5.3.5.4.6 The review process may take up to 14 business days.

5.3.5.4.7 DelDOT reserves the right to restrict moves on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.

5.3.5.5 Special Provisions

5.3.5.5.1 Hauler will have 1 Front Escort, 1 Rear Escort and contract 1 Delaware State Police Trooper and Patrol Car. The permitted load may require additional Delaware State Police Troopers and Patrol Cars based on the physical characteristics of the load.

5.3.5.5.2 Additional Special Provisions may apply and will display in the Special Provisions portion of the final permit.

5.3.5.5.3 HP Form 17 State of Delaware SUPERLOAD Gate-Keeping Checklist Documentation required (Circled Yes) on the State of Delaware SUPERLOAD Gate-Keeping Checklist. NOTE: Required documents may be submitted after the initial permit application submission, however, review time may be increased.

5.4 Route Survey Requirements

5.4.1 When a Route Survey is required

5.4.1.1 It is the responsibility of the permittee to supply a completed Form displaying the required data prior to permit review. Forms are available on the Department's website at https://deldot.gov/osow/application/forms.

5.4.1.2 The survey shall be completed within 14 business days prior to the date of the move. The Department, at its discretion, may authorize the use of an older route survey should the physical conditions not change along the route.

5.4.1.3 The survey assures that sufficient clearance of all physical objects along the route exists for the movement to be made and that no roadway or bridge weight limits will be exceeded.

5.4.1.4 For height clearance, the survey shall guarantee that no portion of the movement shall be within 6 inches of any overhead object. If the permitted vehicle is forced to leave the right lane of travel to avoid an overhead obstruction, maneuver through a work zone, or arrangements need to be made to move any overhead object, the route survey must note the necessary impacts.

5.4.1.5 Overhead wires, cables, signal or traffic lights, limbs of trees or overhead structures shall not be disturbed without first obtaining permission from the owners thereof and movements shall not be commenced until after such consents are obtained in writing. Permittee must notify and make arrangements with all utility companies and owners.

5.4.1.6 For width clearance, the survey shall guarantee that no portion of the movement shall be within 3 or 6 inches on each side of any lateral object. Lateral objects may include utility poles, cables, signs, limbs of trees or structures. If the permitted vehicle is forced to leave the right lane of travel to avoid a lateral obstruction, maneuver through a work zone, or arrangements need to be made to move any object, the route survey must note the necessary impacts.

5.4.1.7 For length clearance, the survey shall guarantee that a single movement can occur along the intended route. If the permitted load is forced to conduct multiple movements to maneuver through a specific location of the route, the route survey shall note the impacts. Additional arrangements or data may be required to accommodate these maneuvers.

5.4.1.8 For weight impacts, the survey shall guarantee that no portion of the movement shall not exceed posted roadway or bridge weight limits. If the permitted vehicle is forced to structural enhance the roadway or structure to travel along the proposed route, the route survey must note the necessary enhancements. All enhancements must be approved by DelDOT prior to permit approval.

5.4.1.9 Submission of or operation of a route survey found not to be legitimate by any Law Enforcement Officer or DelDOT employee or a survey not actually performed on the date shown above, may result in revocation of the existing special hauling permit and may result in sanctions against the company/person that has certified the route survey as signed.

5.5 Detour/Maintenance of Traffic (MOT) Requirements

5.5.1 Applications for permits which involve temporary or permanent road closures along the intended route may require additional temporary traffic control determined by DelDOT Traffic. The hauler is responsible for all costs associated with this work.

5.5.2 A traffic control vendor, approved by DelDOT Traffic, may be required to provide temporary traffic control, such as signage, pavement markings, channelizing devices, message boards, barriers, attenuators, and personnel, to be on-site throughout the duration of the move. Any equipment or manpower provided shall comply with the Delaware Manual on Uniform Traffic Control Devices (DE MUTCD) Chapter 6A (2 DE Admin. Code 2402), most current edition available at the time of the move. DelDOT Traffic must receive written confirmation prior to the approval of the permit, that the traffic control vendor will be available with adequate resources. The hauler is responsible for all associated costs with this requirement.

5.5.3 Variable message boards will be placed at the locations directed by the DelDOT Traffic. Message boards shall be placed 1 day prior to the movement with the approved message provided by DelDOT Traffic. Upon placement of the variable message boards, the vendor shall notify our Transportation Management Center (TMC) (302-659-4600) with necessary contact/emergency information. Failure to have the required variable message boards placed and operational during the specified time period will result in the delay of the move.

5.5.4 Failure on the part of the hauler or the vendor to provide sufficient traffic control devices described on the approved plans, personnel, resources, or equipment may result in the cancellation, delay, or termination of the move until the deficiencies are corrected to the satisfaction of DelDOT Traffic.

5.6 Additional Requirements During Move (One or more items below may apply)

5.6.1 Any oversize or overweight vehicles that cannot move at normal posted highway speeds (within 10 mph) are restricted from moves in the State of Delaware between 12 Noon on Friday and 12 Noon on Monday during the timeframe from May 15 through October 1. This restriction applies to the following roads which can be modified by the Department on a case-by-case basis:

New Castle County: I-95, I-295, I-495, US 13, and SR 1

Kent / Sussex Counties: US 9, US 13, US 113, SR 1, SR 18, SR 24, SR 26, SR 54, and SR 404.

5.6.2 Superload haulers are required to give notice of a Superload move to the local 911 office (using their non-emergency phone number) and the Department's Traffic Management Center (TMC) in Smyrna, Delaware. These offices can be reached at the following numbers:

New Castle County 911 Office Non Emergency: (302) 573-2800

Kent County 911 Office Non Emergency: (302) 739-4525

Sussex County 911 Office Non Emergency: (302) 855-2980

Traffic Management Center (TMC): (302) 659-4600

5.6.3 The local 911 offices and the TMC shall be given notice of a SUPERLOAD move a minimum of 1-hour before the move takes place and at final destination or has cleared State of Delaware.

5.6.4 Superload haulers may be required to give written notice to any incorporated area on the route of a Superload movement through that area. The incorporated area shall provide written acknowledgment of the movement of the Superload. DelDOT shall be provided a copy of the written notice prior to permit approval.

5.6.5 Superloads and moves involving a Gross Vehicle Weight (GVW) under the Superload classification will be subject to individual axle weight analysis by the DelDOT Bridge Management Section and Materials and Research Section. The Sections will automatically review permits with an individual axle weight at or greater than 25,000 lbs., however, analysis may occur at a lower weight on a case-by-case basis. The permittee is responsible to effectively distribute a load or reduce the overall weight below this axle limit, as necessary, to lessen the higher live load forces overstressing state structures.

5.6.6 The Hauler agrees to and shall reimburse DelDOT for any labor, equipment, material, and evaluation costs required to support the move. Prior to the move, DelDOT shall furnish to the hauler an estimate of these services, which shall be signed and returned to DelDOT a minimum of 48 hours prior to the services. An invoice reflecting actual costs shall then be provided to the Hauler and the Hauler shall submit payment for the services rendered within 30 days of the date of the invoice. Failure to pay the invoice in a timely fashion may result in the suspension of future hauling permits being processed/ issued.

History

23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
21 DE Reg. 585 (01/01/18)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
17 DE Reg. 756 (01/01/14)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)

2 Del. Admin. Code § 2405-6.0 Extreme Emergency Permit Procedures

6.1 Introduction

6.1.1 An extreme emergency hauling permit is defined as authorization to move OSOW equipment in response to a calamity, existing or imminent, man-made or natural causes, or other situations which requires immediate remedial action to protect life or property. An example of an emergency move would be movement of equipment in response to a train derailment, flood, explosion, etc.

6.2 General Requirements

6.2.1 An emergency situation is 1 that can be confirmed by a police agency.

6.2.2 Customer requesting hauling permit must have an online DelDOT OSOW Permit System Fund Account.

6.2.3 Loads must be well marked for daylight hours and well lighted for nighttime moves in accordance with Section 4.0.

6.2.4 Loads in excess of 9 feet wide or those unable to maintain posted speed limits must be accompanied by a rear escort on divided highways and both front and rear on undivided highways.

6.2.5 Emergency permits will be limited to the movement of loads and vehicles not exceeding 14 feet in width or 100,000 lbs. in weight on 4 axles, 108,000 lbs. on 5 axles or 120,000 lbs. on 6 or more axles. Since the Department may not be consulted in advance concerning the route, the permittee accepts all responsibility for any accidents, damage, or other claims of any type or nature whatsoever. The issuance of an emergency permit does not authorize the movement of the permitted vehicle over a weight-restricted bridge.

6.3 Procedure

6.3.1 During business hours (7:00 a.m. - 3:30 p.m.):

6.3.1.1 Hauler will contact the DelDOT Hauling Permit Office (302) 744-2700 to alert DelDOT Permit Agent of the emergency.

6.3.1.2 Customer will be given instructions to enter the permit using the online DELDOT OSOW Permit System or provided verbal instructions for the move.

6.3.1.3 The DelDOT Permit Agent will:

6.3.1.3.1 When permit is received on the OSOW Permit System process as an Emergency Move with After Hour movement authorized if applicable, Example of a Special Provision (enter type of emergency hauler is responding):

EMERGENCY MOVE RESPONDING TO A TRAIN DERAILMENT. CONTINUOUS OR AFTER HOUR MOVEMENT IS AUTHORIZED. NIGHT MOVES OF VEHICLES OR LOADS 9 FEET OR GREATER IN WIDTH OR THOSE UNABLE TO MAINTAIN POSTED SPEED LIMITS MUST BE ACCOMPANIED BY A REAR ESCORT ON DIVIDED HIGHWAYS AND BOTH FRONT AND REAR ON UNDIVIDED HIGHWAYS.

6.3.2 Nonbusiness hours:

6.3.2.1 Hauler will call the DelDOT TMC, (302) 659-4600 to discuss details of the emergency and submit permit application on the OSOW Permit System.

6.3.2.2 TMC personnel will contact the on call DelDOT Permit Agent who will contact the hauler, discuss the emergency move request, and provide instructions for the move.

History

23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
21 DE Reg. 585 (01/01/18)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)
17 DE Reg. 756 (01/01/14)
19 DE Reg. 324 (10/01/15)
20 DE Reg. 194 (09/01/16)
21 DE Reg. 585 (01/01/18)
23 DE Reg. 326 (10/01/19)
26 DE Reg. 408 (11/01/22)
26 DE Reg. 1078 (06/01/23)

2408 Performance-Based Contractor Evaluation Procedures

2 Del. Admin. Code § 2408-1.0 Purpose

In accordance with 29 Del.C. §6962, the purpose of this regulation is to set forth the procedures the Delaware Department of Transportation (the "Department") will follow in preparing performance-based contractor evaluations and calculating contractor performance-based ratings.

History

22 DE Reg. 691 (02/01/19)

2 Del. Admin. Code § 2408-2.0 Applicability

2.1 The Department will complete performance-based evaluations (the "Performance Evaluations") on large public works contracts as defined in Title 29, Ch. 69 of the Delaware Code. The Performance Evaluations will be made on the construction company contracted by the Department to build the project (the "Contractor").

2.2 The Department shall provide notice to prospective bidders as part of contract advertisement regarding the prequalification requirements related to the performance based rating system under 29 Del.C. §6962.

2.3 For procurements made based on best value, performance must be at least 10%, but no more than 20% of the weighted selection criteria as described in 29 Del.C. §6962(d)(13)a.4.A.

2.4 Design Build contracts procured in accordance with Title 29 of the Delaware Code are not subject to these performance-based rating system requirements unless the Department's Request for Proposals (RFP) for a design build contract includes specific language requiring it.

History

22 DE Reg. 691 (02/01/19)

2 Del. Admin. Code § 2408-3.0 Performance Evaluation Form, Criteria and Scoring

3.1 Performance Evaluations will be made on the Department issued form as shown in Appendix 'A'.

3.2 The criteria to be used for Performance Evaluations is as shown on the form in Appendix 'A'.

3.3 Scoring will be as shown on the form in Appendix 'A'.

3.4 Appendix 'A' is a part of this regulation.

History

22 DE Reg. 691 (02/01/19)

2 Del. Admin. Code § 2408-4.0 Performance Evaluation Procedures

4.1 Timing of Performance Evaluations

4.1.1 For projects that have an original contract time of 240 calendar days or less, a Performance Evaluation will be made no later than 60 calendar days after substantial completion or completion of the final punchlist work, whichever occurs first. Performance Evaluations will continue to occur every six months until the final estimate is paid.

4.1.2 For projects with an original contract time greater than 240 calendar days and less than 365 calendar days, a Performance Evaluation will made at approximately 50% completion. An additional Performance Evaluation will be made no later than 60 days after substantial completion or completion of the final punchlist work, whichever occurs first. Performance Evaluations will continue to occur every six months until the final estimate is paid.

4.1.3 For projects with an original contract time longer than 365 calendar days, Performance Evaluations will be made every six months. An additional Performance Evaluation will be made no later than 60 days after substantial completion or completion of the final punchlist work, whichever occurs first. Performance Evaluations will continue to occur every six months until the final estimate is paid.

4.2 Performance Evaluations will be completed in accordance with the following steps:

4.2.1 Each Performance Evaluation will be initiated and completed by the Department employee in charge of administering the contract (the "Evaluator") specified by the Department at the preconstruction meeting.

4.2.2 The Performance Evaluation will be reviewed for approval by the Department employee (the "Reviewer") specified by the Department at the preconstruction meeting.

4.2.3 Upon approval, the completed Performance Evaluation will be submitted to the primary point of contact for the Contractor, as specified by the Contractor at the time of the preconstruction meeting, for review.

4.2.4 The Contractor will have ten (10) business days to exercise the following options:

4.2.4.1 Accept the Performance Evaluation;

4.2.4.2 Request a meeting in writing to propose changes to the Performance Evaluation to the Secretary's designee in charge of Construction as specified by the Department at the preconstruction meeting (the "Review Meeting").

4.2.5 Within two (2) business days of receipt of a request for a Review Meeting, the Secretary's designee in charge of Construction shall schedule the Review Meeting with the requesting Contractor. The review meeting shall be held no more than ten (10) business days after the date of the request, unless the Contractor and the Secretary's designee in charge of Construction mutually agree in writing to a later date.

4.2.6 The purpose of the Review Meeting will be to discuss the Performance Evaluation and the Contractor must bring any and all supporting documentation or witnesses required to support any changes the Contractor is requesting to the Performance Evaluation.

4.2.7 Within ten (10) business days after the Review Meeting, the Secretary's designee in charge of Construction shall make a determination in writing (the "Determination") to accept any of the Contractor's changes and revise the Performance Evaluation, or to leave the Performance Evaluation as written.

4.2.8 Upon receipt of the Determination, the Contractor may:

4.2.8.1 Accept the Performance Evaluation;

4.2.8.2 Appeal in accordance with subsection 8.3 of this regulation.

4.2.9 If no action is taken by the Contractor within ten (10) business days after the receipt of the Determination then the Performance Evaluation will be considered final.

4.3 For contracts with multiple locations, such as open-end contracts and indefinite delivery-indefinite quantity (IDIQ) contracts, Performance Evaluations will be made at the frequency described in subsection 4.1 of these regulations. The Department will aggregate multiple locations under such contracts in one Performance Evaluation as reasonably practicable.

History

22 DE Reg. 691 (02/01/19)

2 Del. Admin. Code § 2408-5.0 Calculation of Performance Rating; Prequalification of Bidders; Notification of Performance Rating

5.1 Calculation of Performance Rating

5.1.1 The performance-based rating (the "Performance Rating") for a Contractor shall be calculated as a rolling average of the score of all Performance Evaluations on file for that Contractor for the most recent three year period as measured from the date of advertisement.

5.1.2 Should no Performance Evaluations exist as set forth in subsection 5.1.1, the Department will utilize the average score of all available Performance Evaluations on file for the previous five year period measured from the date of advertisement.

5.2 Prequalification of Bidders

5.2.1 The Performance Rating, as calculated in subsection 5.1, for a Contractor shall be utilized as a prequalification to bid at the time of bid.

5.2.2 Bidders with scores of equal to or greater than 85% shall be permitted to bid.

5.2.3 Bidders with scores of less than 85% who comply with the retainage requirements of 29 Del.C. §6962 shall be permitted to bid provided the Agreement to Accept Retainage in Appendix 'B' is executed and submitted with the bid. Lack of an executed Agreement to Accept Retainage will result in the rejection of the bid by the Department.

5.3 Notification of Performance Rating. The Department shall post publicly the Performance Rating for all Contractors on the Department's website on a weekly basis.

History

22 DE Reg. 691 (02/01/19)

2 Del. Admin. Code § 2408-6.0 Provisional Performance Rating

6.1 Successful bidders awarded Department contracts who have no performance history within the last five (5) years will be assigned a provisional Performance Rating of 85% at the date of advertisement, which shall be applied until a true average can be determined based on actual Performance Evaluations on Department contracts.

6.2 Contractors assigned a provisional Performance Rating may request an interim Performance Evaluation in accordance with subsection 7.1.2 of these regulations.

History

22 DE Reg. 691 (02/01/19)

2 Del. Admin. Code § 2408-7.0 Variable Retainage

7.1 The rate of retainage will be as follows:

7.1.1 A 5% retainage shall be withheld by the Department from each monthly progress payment due the Contractor if the Contractor's Performance Rating as calculated in subsection 5.1 of these regulations is less than 85% at the time of advertisement.

7.1.2 A Contractor who is subject to retainage pursuant to subsection 5.2.3 may request an interim Performance Evaluation when a contract reaches 50% completion. If final score of that interim performance evaluation is greater than 85%, the retainage withheld by the Department on future progress payments shall be reduced to 2% for the remaining life of that contract. Interim Performance Evaluations shall be placed on file by the Department and utilized in the calculation of a Contractor's Performance Rating. Interim Performance Evaluations shall follow the procedures set forth in Section 4.0 of this regulation.

7.2 For the avoidance of doubt, a Contractor is not permitted to hold retainage from its subcontractors and all must be paid in accordance with applicable law.

7.3 The Department shall release 60% of the retainage at Substantial Completion as that term is defined in the Contract. The remaining 40% of the retainage will be released upon approval of the final pay estimate in order to satisfy the statutory requirements under 29 Del.C. §6962(d)(5) regarding documentation of payment to subcontractors.

History

22 DE Reg. 691 (02/01/19)

2 Del. Admin. Code § 2408-8.0 Appeals

8.1 Submission. Appeals, and acknowledgement of receipt of appeals, shall be made in writing. Appeals may be submitted by email to the addresses set forth below.

8.2 Appeal of Performance Rating

8.2.1 A Contractor may appeal their assigned Performance Rating at any time after publication, provided, however, that if a Contractor intends to bid on an upcoming project, the Contractor must appeal the Performance Rating no later than ten (10) calendar days after advertisement for that project. Should a Contractor file an appeal of their Performance Rating more than ten (10) calendar days after advertisement the published Performance Rating on the date of advertisement shall be used for that bid and the result of the appeal will only affect calculation as applied to future bids.

8.2.2 All appeals shall be made in writing to the Department's Contract Administration Office and submitted to the Contract Services Administrator electronically at DOT-ask@state.de.us.

8.2.3 The Contract Administration Office shall render a decision in writing within five (5) business days from the date of receipt of an appeal stating the basis for the decision and providing any and all supporting documentation. The decision shall be transmitted to the Contractor via email.

8.2.4 The determination of the Contract Services Administrator shall be the final determination by the Department on this matter and there is no right of further administrative appeal.

8.2.5 The scope of appeals pursuant to this section is limited to the mathematical computation of the Performance Rating. Any Contractor wishing to appeal the results of a Performance Evaluation must do so pursuant to subsection 8.3 of this regulation.

8.3 Appeal of Performance Evaluation

8.3.1 A Contractor may appeal the results of a Performance Evaluation only after first completing the steps outlined in subsection 4.2 of these regulations.

8.3.2 Any notice of appeal must be filed within ten (10) business days of receipt of a Determination pursuant to subsection 4.2.7. Failure to provide notice of an appeal within this timeframe constitutes a waiver of the right to appeal.

8.3.3 All appeals shall be made in writing to the Secretary of Transportation electronically at DOT-ask@state.de.us.

8.3.4 After receiving the notice of appeal, the Secretary or the Secretary's designee will review the record and will contact the Contractor within fifteen (15) business days to schedule a meeting to discuss the appeal.

8.3.5 The scope of appeals pursuant to this section is limited to the issues, facts, and documents raised to the Secretary's designee in charge of Construction. No facts, issues, or documents not presented to the Secretary's designee in charge of Construction will be considered at the appeal meeting.

8.3.6 Within thirty (30) business days of the meeting, the Secretary or the Secretary's designee shall issue a written decision that will serve as the final decision of the Department concerning the appeal.

8.3.7 Should the Performance Evaluation that is the subject of a Contractor's appeal, when factored into the computation of the Contractor's Performance Rating, result in the imposition of retainage under Title 29, Ch. 69 of the Delaware Code, the implementation of retainage provisions as outlined in Section 7.0 will not take place until after a final decision of the Department.

Appendix ‘A’

Contractor’s Performance Evaluation Form

A PDF of the Contractor’s Performance Evaluation Form is available at:

Contractor’s Performance Evaluation Form

https://regulations.delaware.gov/AdminCode/title2/2000/2400/Contractors Performance Evaluation Form.pdf

Appendix ‘B’

Contractor’s Agreement to Accept Retainage

The following statement shall be placed in the bid documents on the Proposal Certification page just above the signatures, which shall indicate the Bidder's acknowledgement, consent and agreement to the withholding of retainage by the Department:

"Bidder acknowledges that if its Performance-Based Rating as defined in 29 Del.C. §6962 and section 2408 of Title 2 of Delaware's Administrative Code is below the required minimum threshold, as a condition to bid, Bidder acknowledges, consents and agrees to the Department withholding retainage of up to 5% from the monies due at the time of each progress payment under the contract."

History

22 DE Reg. 691 (02/01/19)

2500 Division of Technology and Support Services

2501 External Equal Opportunity Complaint Procedure

2 Del. Admin. Code § 2501-1.0 Purpose and Applicability

This document outlines the Delaware Department of Transportation's (DelDOT) procedures for processing external complaints of discrimination filed under Title VI of the Civil Rights Act of 1964 (and related statutes as identified in Section 2.0) and Title II of the Americans with Disabilities Act of 1990 and/or Section 504 of the Rehabilitation Act of 1973 (ADA) on grounds of race, color, religion, sex, age, national origin, or disability. The procedures are designed to provide due process for complainants and respondents.

History

11 DE Reg. 1067 (02/01/08)
17 DE Reg. 1101 (05/01/14)

2 Del. Admin. Code § 2501-2.0 Authorities

2.1 The following Statutes, Regulations, Executive Orders, and References are incorporated by reference into DelDOT's External Complaints Procedure. The following Authorities define and affect the implementation of Title II/Section 504 and Title VI policies and procedures.

2.1.1 Nondiscrimination Statutes

2.1.1.1 Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, provides: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

2.1.1.2 Section 504 of the Rehabilitation Act of 1973, 42 U.S.C. 794, et seq., provides: No qualified individual with a disability shall, by reason of his or her disability be excluded from participation in, be denied the benefits of, be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.

2.1.1.3 Age Discrimination Act of 1975, 42 U.S.C. 6101, provides: No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

2.1.1.4 Federal Aid Highway Act of 1973, 23 U.S.C. 324, provides: No person shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this Title.

2.1.1.5 The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. The Act restores the broad, institution-wide scope and coverage of the nondiscrimination statutes to include all programs and activities of Federal-aid recipients, sub-recipients, and contractors, whether such programs and activities are federally assisted or not.

2.1.1.6 Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, et seq., provides: No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or local government.

2.1.2 Regulations. The following Regulations are specific to recipients of funds from FHWA, FTA, and FAA.

2.1.2.1 23 Code of Federal Regulations (CFR) 1.36, Compliance with Federal Laws and Regulations

2.1.2.2 23 CFR 200, Title VI Program and Related Statutes-Implementation and Review Procedures

2.1.2.3 28 CFR 35, Nondiscrimination on the Basis of Disability in State and Local Government Services

2.1.2.4 28 CFR 36, Nondiscrimination on the Basis of Disability in Public Accommodations and in Commercial Facilities

2.1.2.5 28 CFR 42, Subpart C, Implementing Title VI of the Civil Rights Act of 1964

2.1.2.6 28 CFR 50.3, USDOJ's Guidelines Enforcement of Title VI of the Civil Rights Act of 1964

2.1.2.7 49 CFR 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964

2.1.2.8 49 CFR 27, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance

2.1.2.9 49 CFR 28, Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation (DOT)

2.1.3 Executive Orders (E.O.). The following Executive Orders further define and refine Civil Rights Statutes and Regulations.

2.1.3.1 E.O. 12250, Leadership and Coordination of Nondiscrimination Laws

2.1.3.2 E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations

2.1.3.3 E.O. 13166, Improving Access to Services for Persons with Limited English Proficiency

2.1.4 Directives

FHWA Notice 4720.6, Impacts of the Civil Rights Restoration Act (CRRA) on FHWA Programs

2.2 Other References. The following documents are used as reference material in determining the appropriate steps used to investigate External EEO complaints.

2.2.1 USDOJ's Title VI Legal Manual

2.2.2 USDOJ's Investigation Procedures Manual for the Investigation and Resolution of Complaints Alleging Violations of Title VI and Other Nondiscrimination Statutes

2.2.3 ADAAG ADA Handbook Appendix B

History

11 DE Reg. 1067 (02/01/08)
17 DE Reg. 1101 (05/01/14)

2 Del. Admin. Code § 2501-3.0 Terms and Definitions

The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

“ADA” means the Americans with Disabilities Act of 1990.

“ADAAG” means the Americans with Disabilities Act Accessibility Guidelines.

“CFR” means the Code of Federal Regulations.

“DelDOT” means the Delaware Department of Transportation.

“Discrimination” means any act or inaction, whether intentional or unintentional in any program or activity of a Federal-aid recipient, sub-recipient, or contractor, which results in disparate (unfavorable) treatment, disparate impact, or perpetuating the effects of prior discrimination based on race, color, sex, national origin, age, disability or in the case of disability, failing to make a reasonable accommodation. An action (or inaction) whether intentional or unintentional, through which a person, based on race, color, sex, age, national origin or disability, has been subjected to unequal treatment or denied benefits under any program or activity receiving financial assistance from the FHWA under Title 23 U.S.C.

“EEOC” means the U.S. Equal Employment Opportunity Commission.

“E.O.” means Executive Order.

“FHWA” means the Federal Highway Administration.

“FTA” means the Federal Transportation Administration.

“HCR” means the Federal Highway Administration Headquarters Office of Civil Rights.

“Investigator” means an individual or entity assigned to conduct an investigation of a complaint. This may be DelDOT personnel or consultant(s) acting on DelDOT's behalf.

“Investigative report (IR)” means a written record which contains various documents and information acquired during the investigation under this procedure, including affidavits of the complainant, the alleged discriminating official, and the witnesses, and copies of, or extracts from, records, policy statements, or regulations of the agency, organized to show their relevance to the complaint or the general environment out of which the complaint arose. This document will be provided to the Federal Highway Administration, as required, and will otherwise be maintained confidentially, except where a lawsuit on the same subject has been filed.

“LOF” means Letter of Finding.

“Probable cause” means evidence and information gathered and reviewed as part of the investigation that support the allegations of the complainant and comprise sufficient support that discrimination, or a violation, and/or non-compliance may have occurred.

“Respondent” means a person, party, business entity or agency whose action or inaction results in the filing of a complaint by an aggrieved party as being discriminatory or non-compliant with applicable statutes, regulations and policies.

“U.S.C.” means the United States Code.

“USDOJ” means the U.S. Department of Justice.

“USDOT” means the U.S. Department of Transportation.

History

11 DE Reg. 1067 (02/01/08)
17 DE Reg. 1101 (05/01/14)

2 Del. Admin. Code § 2501-4.0 Complaint Intake

4.1 Who Can File a Complaint?

Any person or any specific class of persons, by themselves or by a representative, organizations or business entities that believe they have been subjected to discrimination or retaliation prohibited by Title VI of the Civil Rights Act of 1964 (Title VI) and related statutes, Section 504 of the Rehabilitation Act of 1973 (Section 504), or Title II of the Americans with Disabilities Act of 1990 (ADA) may file a complaint.

4.2 What is a Complaint?

4.2.1 A complaint is a written or electronic statement concerning an allegation of discrimination that contains a request for the receiving office to take action. Complaints should be in writing and signed and may be filed by mail, fax, in person, or e-mail. A complaint should contain at least the following information:

4.2.1.1 A written explanation of what allegedly happened or is happening;

4.2.1.2 Information necessary to contact the complainant;

4.2.1.3 The basis of the complaint, e.g., age, sex, race, color, national origin, or disability;

4.2.1.4 The identification of the respondent, e.g., agency/organization alleged to have discriminated;

4.2.1.5 Sufficient information to understand the facts that led the complainant to believe that discrimination occurred; and

4.2.1.6 The date(s) of the alleged discriminatory act(s).

4.2.2 While subsection 4.2.1 indicates a complaint should be in writing and signed, the receiving agency must accept complaints in alternate formats from persons with disabilities, upon request.

4.2.2.1 The complaint may be filed on a computer disk, by audio tape, or in Braille.

4.2.2.2 The complainant may call the agency and provide the allegations by telephone. The agency will transcribe the allegations of the complaint as provided over the telephone and send a written complaint to the complainant for signature and confirmation of the accuracy of the written complaint.

4.2.2.3 Complaints in languages other than English will be translated and responded to in the language in which they were sent in accordance with E.O. 13166, "Improving Access to Services for Persons with Limited English Proficiency." DelDOT will provide translation services in as many languages as it has available to it.

4.3 Where to Submit Complaints.

4.3.1 Complaints may be submitted to DelDOT or FHWA.

4.3.1.1 DelDOT address is:

PO Box 778

Dover, DE 19903

4.3.1.2 DelDOT Persons Authorized to Receive Complaints:

4.3.1.2.1 DelDOT Civil Rights Administrator, (302) 760-2555

4.3.1.2.2 DelDOT ADA Title II/Section 504 Coordinator, (302) 760-2467

4.3.1.2.3 DelDOT Contract Services Administrator, (302) 760-2031

4.3.1.3 Complaints submitted to FHWA may be sent to:

FHWA, the DelMar Division Office

1201 College Park Road

Suite 102

Dover, DE 19904

(302) 734-5323

4.3.2 Complaints submitted to the Department of Justice may be sent to:

U.S. Department of Justice

Civil Rights Division

Disability Rights Section - 1425 NYAV

950 Pennsylvania Avenue, N.W.

Washington, D.C. 20530

4.4 Timeframe for Filing Complaints

4.4.1 Complaints must be filed within 180 days of the last date of the alleged discrimination, unless the time for filing is extended for cause.

4.4.2 The filing date of the complaint is the earlier of:

4.4.2.1 the postmark of the complaint; or

4.4.2.2 the date the complaint is received by any office authorized to receive complaints.

4.4.3 An extension may be granted under any of the following circumstances:

4.4.3.1 The complainant could not reasonably be expected to know the act was discriminatory within the 180-day period, and the complaint was filed within 60 days after the complainant became aware of the alleged discrimination;

4.4.3.2 The complainant was unable to file a complaint because of incapacitating illness or other incapacitating circumstances during the 180-day period, and the complaint was filed within 60 days after the period of incapacitation ended;

4.4.3.3 The complainant filed a complaint alleging the same discriminatory conduct within the 180-day period with another Federal, State or local civil rights enforcement agency, and filed a complaint with DelDOT within 60 days after the other agency had completed its investigation or notified the complainant that it would take no further action;

4.4.3.4 The complainant filed, within the 180-day period, an internal grievance alleging the same discriminatory conduct that is the subject of DelDOT complaint, and the complaint is filed no later than 60 days after the internal grievance is concluded;

4.4.3.5 Unique circumstances generated by DelDOT action have adversely affected the complainant;

4.4.3.6 The discriminatory act is of a continuing nature; or

4.4.3.7 Some complaints may be referred to DelDOT by other agencies. In the event the referring agency has the complaint in its possession for an inordinately long period of time and the complainant filed his or her complaint with that agency within the 180-day timeframe, DelDOT will automatically grant an informal extension. In these cases, the complainant will not receive notification of the extension of the filing deadline.

4.5 DelDOT Responsibilities

4.5.1 Complaints filed under Title VI in which DelDOT is named as the respondent will be forwarded to FHWA for investigation.

4.5.2 Title VI complaints filed against sub-recipients will be processed by DelDOT in accordance with these complaint procedures. However, only HCR has the authority to make all final decisions including dismissing complaints and issuing LOFs.

4.5.3 Complaints filed under the ADA Title II/Section 504 will be investigated by DelDOT in accordance with these complaint procedures.

4.5.4 DelDOT may use contract investigators to conduct investigations if necessary to prevent or eliminate a backlog of complaints. All complaints will be investigated in accordance with approved complaint processing procedures.

History

11 DE Reg. 1067 (02/01/08)
17 DE Reg. 1101 (05/01/14)

2 Del. Admin. Code § 2501-5.0 Processing Complaints

5.1 Recording Complaints

Upon initial receipt, the complaint will be date stamped and logged in by the receiving office.

5.2 Items Not Considered a Complaint

5.2.1 The following are examples of items that are not considered a complaint, unless the item contains a signed cover letter specifically asking that the agency take action concerning the allegations:

5.2.1.1 An anonymous complaint;

5.2.1.2 Inquiries seeking advice or information;

5.2.1.3 Courtesy copies of court pleadings;

5.2.1.4 Courtesy copies of complaints addressed to other local, State, or Federal agencies;

5.2.1.5 Newspaper articles; and

5.2.1.6 Courtesy copies of internal grievances.

5.3 Reviewing Complaints

5.3.1 The complaint will be reviewed within 10 calendars days of receipt to determine whether it contains all the necessary information required for acceptance.

5.3.2 If the complaint is unclear or incomplete, the complainant will be contacted in writing or by telephone to obtain additional information. The complainant will have 15 calendars days to respond to the request for additional information.

5.3.3 Once the complaint is complete and no additional information is needed, the Complainant Consent/Release form and the Notice About Investigatory Uses of Personal Information form will be sent to the complainant for signature.

5.4 Complaint Jurisdiction

5.4.1 If it becomes clear that DelDOT lacks jurisdiction over a complaint, the complaint will be referred to the appropriate authorized agency.

5.4.2 A referral letter will be sent to the agency along with the complaint and any other documents collected.

5.4.3 A letter will also be sent to the complainant stating that the complaint has been referred to another agency and that DelDOT has closed the complaint.

5.5 Notification of Acceptance of Complaints

After determining the complaint will be accepted for investigation, a notification letter will be sent to the complainant and the respondent.

5.6 When the Complainant is Represented by an Attorney

Complainants represented by an attorney must provide a letter authorizing representation. The authorized attorney will be copied on all correspondence with the complainant.

5.7 Timeframes for Investigations

Title VI and ADA Title II/Section 504 complaint investigations will be completed within 90 days of receipt of the complete complaint unless circumstances exist justifying additional investigative time.

5.8 Withdrawal of Complaint

Complainants may withdraw their complaint at any time. This action closes the case without prejudice.

5.9 Dismissals

5.9.1 The HCR has the sole authority for dismissing Title VI complaints.

5.9.2 DelDOT ADA Title II/Section 504 Coordinator has the authority to dismiss ADA Title II/Section 504 complaints.

5.9.3 A complaint may be dismissed for any of the following reasons:

5.9.3.1 The complaint is not filed in a timely manner;

5.9.3.2 The complainant fails to respond to repeated requests for additional information needed to process the complaint;

5.9.3.3 The complainant cannot be located after reasonable attempts;

5.9.3.4 There is no statutory or alleged basis for the complaint, or the complainant does not allege any harm with regard to current programs or statutes;

5.9.3.5 The complaint has been investigated by another agency and the resolution of the complaint meets USDOT/FHWA regulatory standards; e.g., all allegations were investigated, appropriate legal standards were applied, and any remedies secured meet USDOT's standards;

5.9.3.6 Credible information found at any time indicating that the allegations raised by the complainant have been resolved, or are moot and there are no class-wide allegations or implications;

5.9.3.7 The same complaint allegations have been filed with another Federal, State, or local agency possessing statutory authority to accept and process such complaints;

5.9.3.8 The complainant has filed a legal action in Federal District Court with the same basis(es) and issue(s) involved in the complaint.

5.10 Resolution of Complaint

5.10.1 It is in the best interest of all parties involved that issues raised in a complaint of discrimination be resolved informally. Every effort will be made to pursue resolution of the complaint, even while the investigation is underway.

5.10.2 Based on the investigation and the analysis of information and evidence gathered, specific recommendations or a formal corrective action plan may be generated.

5.10.3 Complainants will be advised of their right to file their grievances with other governmental agencies possessing the statutory authority to accept and process such complaints; (such as the Delaware Human Relations Commission, Delaware Department of Labor) or, appropriate Federal agencies, including but not limited to FHWA, FTA, USDOT or the EEOC.

5.11 Letters of Finding (LOFs)

5.11.1 For Title VI Complaints:

5.11.1.1 The HCR has sole authority for issuing LOFs for all complaints processed by DelDOT.

5.11.1.2 A Title VI finding of violation, no violation, or dismissal is a Federal decision that cannot be delegated. DelDOT can conduct a Title VI investigation of its sub-recipients or contractors and make a recommended finding to the Federal decision-making authority; the HCR has sole authority for all final decisions, dismissals, and LOFs.

5.11.2 For Title II/Section 504 Complaints:

5.11.2.1 DelDOT ADA Title II/Section 504 Coordinator will attempt to mediate/resolve all ADA Title II/Section 504 complaints.

5.11.2.2 When the ADA Title II/Section 504 Coordinator is unable to mediate a resolution of the complaint, the ADA Title II/Section 504 Coordinator will arrange a meeting with the complainant and their authorized representative(s), if applicable. If the complaint involves additional agencies/entities, the ADA Title II/Section 504 Coordinator will attempt to coordinate the meeting to include participation of an official representative from all parties involved.

5.11.2.3 DelDOT must answer the complaint in writing within 15 working days of the meeting unless circumstances arise that require reasonable extensions.

History

11 DE Reg. 1067 (02/01/08)
17 DE Reg. 1101 (05/01/14)

2 Del. Admin. Code § 2501-6.0 Appeals

6.1 For Title VI Complaints: LOFs issued by the HCR are administratively final.

6.2 For Title II/Section 504 Complaints: If the complainant wishes to appeal the ADA Title II/Section 504 Coordinator's determination, the complaint can be submitted to the US Department of Justice, Disability Rights Section, ADA Mediation Program. The ADA Mediation Program will follow its established complaint resolution and appeal processes as are appropriate for each specific complaint.

History

11 DE Reg. 1067 (02/01/08)
17 DE Reg. 1101 (05/01/14)

2600 Division of Maintenance and Operations

2601 Outdoor Advertising

2 Del. Admin. Code § 2601-1.0 Authority

1.1 The following rules and regulations are issued under the authority granted to the Department by Section 1103, Subchapter 1, Chapter 11, Title 17 of the Delaware Code.

1.2 The Department of Transportation shall have overall jurisdiction and control throughout the State subject to the certification process for political subdivisions as defined under Section 20.0 of this regulation. Within the Department, the responsibility for administration of the program shall rest with the Roadside Control Section in the Division of Maintenance and Operations.

1.3 All interpretations will be made by the Secretary of the Department of Transportation and their decision will be final except in those cases where a point of law is raised.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-2.0 Applicability

2.1 The following rules and regulations apply to all outdoor advertising or outdoor advertising signs which are erected and maintained within 660 feet of the nearest edge of the right-of-way of the National Highway System (NHS) as defined in this regulation, and which are visible from the main traveled way of such systems.

2.2 The following rules and regulations shall also apply to any on-premise signs, as defined in this regulation, which are erected and maintained within 660 feet of the nearest edge of the right-of-way of any interstate highway in this State, and which are visible from the main traveled way of such systems.

2.3 These rules and regulations shall become effective upon approval by the Secretary of the Department of Transportation.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-3.0 Purpose

3.1 Under Section 1101, Subchapter 1, Chapter 11, Title 17 of the Delaware Code, the General Assembly has declared that it is in the public's interest to control the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the NHS in order to protect the public investment in such highways.

3.2 The General Assembly by enactment of Section 1103, Subchapter 1, Chapter 11, Title 17 of the Code directed the Department to enforce the provisions of Chapter 11 and to issue regulations to implement the policy and accomplish the purpose of the Chapter.

3.3 The following rules and regulations are issued in response to that directive and to clarify and implement the Department's policy regarding the control of outdoor advertising.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-4.0 Definitions

The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:

"A controlled area" shall mean, and "controlled areas" shall include any area inside the boundaries of the State of Delaware which is adjacent to and within 660 ft. of the edge of the right-of-way of a highway of the NHS, and after July 1, 1975 beyond 660 feet.

"Abandoned Sign" means any sign in which the owner has not demonstrated an interest by maintaining it in good condition.

“Administrator” means the Secretary of Transportation of the United States.

"Agri-produce signs" shall mean those signs located on the property of a farmer indicating the sale of seasonal agricultural products.

"Centerline of the highway" means (1) a line equidistant from the edges of the median separating the main-traveled ways of a divided highway, or (2) the centerline of the main-traveled way of a non-divided highway, or (3) the centerline of each of the main-traveled ways of a divided highway separated by more than the normal median width or constructed on independent alignment.

"Commercial or industrial activities for purposes of unzoned commercial or industrial areas" means those activities generally recognized as commercial or industrial by zoning authorities within the State of Delaware, except that none of the following activities shall be considered commercial or industrial:

Outdoor Advertising structures.

Forestry, ranching, grazing, and farming including, but not limited to, wayside fresh produce stands.

Transient or temporary activities.

Activities more than 660 feet from the nearest edge of the right-of-way along the NHS.

Activities conducted in buildings principally used as a residence.

Railroad tracks and minor sidings.

Activities not visible from the main-traveled way.

"Customary maintenance" means the action necessary to keep a sign in good condition by (1) replacement of parts damaged or worn by age and (2) painting of areas exposed to the weather as the major portion of the sign, but shall not include either maintenance which would be necessary for signs over 50% damaged or in 50% disrepair or maintenance which would increase the size or monetary value of the sign.

“Decorative residential subdivision sign” means a non-official sign erected at a main entrance to a residential subdivision for the purpose of identifying the subdivision, and consisting of a message area containing only the name of the subdivision, and a supporting structure, constructed in accordance with current laws and regulations.

"Department" means the Delaware Department of Transportation.

"Directional and other official signs and notices" shall mean and include only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.

"Directional signs" means signs containing directional information about public places owned or operated by Federal, State or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; areas of natural scenic beauty, and areas which are naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

"Division" means the Division of Maintenance and Operations under the Department of Transportation.

"Double-faced or back-to-back" shall mean those configurations of multiple sign structures as those terms are commonly understood, except that in no instance shall these terms include two or more signs which are not in the same ownership, which are not physically contiguous, or which are not connected by the same structure or crossbracing, or in the case of back-to-back signs located more than 15 feet apart at their nearest points.

"Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance of a sign or sign structure, display or device.

"Free standing sign" means an outdoor advertising sign, sign structure, display or device including its ground-anchored supporting elements, that is entirely self-supporting upon the ground, and not attached to, anchored to, mounted upon, secured by, supported by, stabilized by, or in any other way dependent upon, any other structure or device.

"Freeway" means a controlled-access or limited-access street, road, or highway, whether or not part of the Interstate system.

“Gateway sign” means any sign, display, or device intended for its purpose to provide information to the traveling public advising motorists they are entering the boundaries of a political subdivision or established non-incorporated area of the State.

“Historical Marker” means plaques and signs placed throughout the state to commemorate and visually educate the public about the people, places, and events that are significant to Delaware’s state, local, and national history.

"Illegal Sign" means any sign, display or device which was erected and/or maintained in violation of the Delaware Law.

"Illuminated Sign" means any sign that is lighted internally or externally and shall be defined as illuminated whether or not the light is attached directly to the sign structure.

"Information Center" means an area or site established and maintained at a safety rest area for the purpose of providing information to the public of places of interest within the State and other information the Department deems to be in the public interest.

"Interstate System" means that portion of the National System of Interstate and Defense Highways located within the State of Delaware officially designated as such, or as may hereafter be designated as such, by the Department and approved by the Secretary of Transportation of the United States pursuant to the provisions of Title 23, United States Code.

"Lease (license, contract, or easement)" means an agreement in writing, by which possession or use of land or interests therein is given by the owner to another person for a specified period of time.

"Legible" means capable of being correctly read as text or accurately identified or understood as a symbol or illustration without visual aids or enhancements, by a person of normal visual acuity.

"Maintain" means to allow to exist in accordance with state law.

"Main-traveled way" or “traveled ways” means those parts of a street, road, or highway intended for and used by traffic, and are exclusive of acceleration, deceleration, auxillary, or turn lanes, ramps, shoulders. It does not include such facilities as frontage roads, turning roadways, or parking areas.

“National Highway System” or “NHS” means those streets, roads, and highways that comprise the current National Highway System within this State, and those streets, roads, and highways that were parts of the Interstate System or the Federal-aid Primary System as they existed on June 1, 1991, as declared by the Congress of the United States in Title 23, United States Code.

"Nonconforming Sign" is one which was lawfully erected, but which does not comply with the provisions of the Laws of the State of Delaware or State regulations passed at a later date or which later fails to comply with such law or regulations due to changed conditions.

"Official signs and notices" means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in Federal, State or local law for the purposes of carrying out an official duty or responsibility or historical marker authorized by State law and erected by State or local government agencies or nonprofit historical societies may be considered official signs.

"On premises signs" shall mean those signs, displays and devices advertising the sale or lease of property upon which they are located and those signs, displays, and devices advertising activities conducted on the property on which they are located.

"Outdoor Advertising" or "Outdoor Advertising Signs" shall mean and shall include any outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is not an on-premise sign as defined in this regulation and is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main traveled way of the NHS.

“Panel” or “sign panel” means a subdivision of a face, and may be so distinguished by borders or boundaries of paint, tape, strips of wood, metal or plastic, contrasting colors, or the like, that visually separate it from an adjoining panel; or it may consist of a separate piece of material physically separated (as by a gap or space) from an adjoining panel.

"Parkland" means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

"Political subdivision" means any municipal or county government duly established under the provisions of the Delaware Code.

"Public service signs" means signs located on school bus stop shelters.

"Public utility and railroad signs" means warning or informational signs, notices, or markers which are customarily erected and maintained by publicly or privately owned public utilities or railroads, as essential to their operations.

"Safety rest areas" means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public.

"Service club and religious notices" means signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious services.

"Scenic area" means any area of particular scenic beauty or historical significance as determined by the Federal, State, or local officials having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation, and enhancement of scenic beauty.

"Section" means the Roadside Control Section under the Division of Maintenance and Operations.

"Sign facing" or “face” means a single sign message separated from other sign facings by border or trim.

"State law" means a State constitutional provision or statute, or an ordinance, rule, or regulation enacted or adopted by a state agency or political subdivision of a State pursuant to a State constitution or statute.

“Variable message sign” or “VMS” means a sign or portion thereof where the message copy includes characters, letters or illustrations that can be changed or rearranged electronically or mechanically without touching or physically altering the primary surface of the sign. Message copy may be changed in the field or from a remote location.

“V-type” means a sign structure consisting of two faces joined at one vertical edge; or two structures under the same ownership with a vertical edge of each separated by not more than 15 feet along their entire lengths; and forming an angle of not greater than 120 degrees between them.

"Zoned commercial or industrial areas" means those areas which are zoned for business, industry, commerce or trade pursuant to a State regulation or local zoning ordinance.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-5.0 Statutory Requirements

5.1 Section 1121, Chapter 11, Title 17 of the Delaware Code provides that signs within 660 feet of the nearest edge of the right of way and visible from the main traveled way of the NHS shall be limited to the following types:

5.1.1 Directional and other official signs and notices which shall include only official signs and notices, public utility and railroad signs, service club and religious notices, public service signs, and directional signs.

5.1.2 On Premise signs which shall include only:

5.1.2.1 Those signs, displays and devices advertising the sale or lease of the real property upon which they are located, and

5.1.2.2 Those signs, displays and devices advertising activities conducted on the real property upon which they are located.

5.1.3 Signs, displays, and devices located in the controlled areas adjacent to highways of the NHS which are zoned industrial and commercial under authority of State Law.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-6.0 Standards for Directional Signs

6.1 General: Permits as mentioned in Section 19.0 of this regulation will not be required for directional signs.

6.1.1 The following standards shall apply to directional signs erected outside of the State’s right-of-way only. Directional signs within the State’s right-of-way shall follow the most current version of the Delaware Manual on Uniform Traffic Control Devices.

6.1.2 A sign shall only be erected after first securing approval of the Department. Requests for approval to erect a directional sign shall be in writing directed to the Department for the attention of the Manager of the Roadside Control Section. All requests shall be processed in accord with procedures promulgated by the Department.

6.1.3 The following directional signs are prohibited:

6.1.3.1 Signs advertising activities that are illegal under Federal or State laws or regulations in effect at the location of those signs or at the location of the activity.

6.1.3.2 Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic control device (“TCD”), or obstruct or interfere with the driver's view of approaching, merging, or intersection traffic.

6.1.3.3 Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

6.1.3.4 Obsolete signs.

6.1.3.5 Signs which are structurally unsafe or in disrepair.

6.1.3.6 Signs which move or have any animated or moving parts.

6.1.3.7 Signs located in rest areas, parklands or scenic areas.

6.1.3.8 Signs not in conformance with applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot.

6.1.3.9 Signs for privately owned facilities unless such facilities are determined to be eligible for signing under the criteria and methods described in 6.6 and 6.7 of this section.

6.2 Size

6.2.1 The following limits shall apply to directional signs:

6.2.1.1 Maximum area 150 square feet

6.2.1.2 Maximum height 20 feet

6.2.1.3 Maximum length 20 feet

6.2.2 All dimensions include border and trim, but exclude supports.

6.3 Lighting

6.3.1 Signs may be illuminated, subject to the following:

6.3.1.1 Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited. The use of a variable message sign (VMS) as defined in Section 4.0 of these regulations shall be prohibited for directional signs.

6.3.1.2 Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or Primary system highway or which are of such intensity or brilliance as to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

6.3.1.3 No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device or signal.

6.4 Spacing

6.4.1 Each location of a directional sign must be approved by the Department.

6.4.2 A directional sign must be located beyond 2,000 feet of an interchange, or intersection at grade along the Interstate System or other freeways (measured along the Interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way), unless erected by the Division.

6.4.3 A directional sign shall be located beyond 2,000 feet of a rest area, parkland, or scenic area, unless erected by the Division.

6.4.4

6.4.4.1 Two directional signs facing the same direction of travel shall be spaced more than 1 mile apart;

6.4.4.2 A maximum of three directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;

6.4.4.3 Signs located adjacent to the Interstate System shall be within 75 air miles of the activity; and

6.4.4.4 Signs located adjacent to the non-interstate portions of the NHS shall be within 50 air miles of the activity.

6.4.5 In determining the distance between signs facing in the same direction and those within a seventy-five air mile radius, signs beyond the 660' limit shall not be considered.

6.4.6 Signs legally in place within the 660' controlled area shall be considered as though it were a sign erected under these regulations.

6.5 Message Content

6.5.1 The message of directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases, and pictorial or photographic representations of the activity or its environs are prohibited.

6.6 Criteria for Eligibility

6.6.1 The criteria for determining whether or not a privately owned facility is eligible for directional signing shall be that criteria presently utilized or hereafter adopted by one of the existing State agencies where primary purpose is the control and administration of the type of specific unique phenomena or site for which a directional sign application may be made.

6.6.2 A determination by the State agency to which a request is referred as to whether or not a privately owned facility is eligible for directional signing will be binding on the Department.

6.7 Eligible Activities

6.7.1 Privately owned activities or attractions eligible for directional signing shall be limited to the following: natural phenomena; scenic attractions; historic, educational, cultural, scientific, and religious sites; and outdoor recreational areas any of which must be nationally or regionally known, and of outstanding interest to the traveling public as determined by the appropriate State agency authority.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-7.0 Standards for Gateway Signs

7.1 General

7.1.1 Permits as defined in Section 19.0 of these Regulations will not be required for gateway signs. The following provisions apply to gateway signs erected within the right-of-way of any state maintained roadway within this State.

7.1.2 A gateway sign shall only be erected after first securing approval of the Department. Requests for approval to erect a gateway sign shall be in writing directed to the Department for the attention of the Manager of the Roadside Control Section. Requests for gateway signs shall be accepted from either of the following:

7.1.2.1 A political subdivision of this State on their official letterhead, or

7.1.2.2 Non-incorporated areas through a sponsor. Acceptable sponsors for gateway signs shall be governmental agencies or an elected county or state official. Where applicable, requests via sponsors shall be on official letterhead.

7.1.3 Gateway signs, upon approval of the Roadside Control Section, shall execute an official Right-of-Way Use Agreement with the appropriate departmental personnel.

7.1.4 A gateway sign shall be limited to conventional roadways. At no time will permission be granted for a gateway sign to be erected adjacent to an interstate, or other controlled access highway.

7.1.5 A gateway sign erected under this section shall meet one of the following requirements:

7.1.5.1 Signs shall be compliant with the standards as set forth under the National Cooperative Highway Research Program 350 (NCHRP 350), the Manual for Assessing Safety Hardware (MASH), or the most current version in effect at the time.

7.1.5.1.1 Applicants shall submit supporting documentation that such signs meet current standards at time application is submitted to the Department. Gateway signs constructed by the Department shall be exempt from this requirement.

7.1.5.2 Signs shall be erected outside of the design clear zone for the roadway they are proposed to be constructed on.

7.1.6 Any gateway sign erected under this section which becomes in conflict with any improvement project will be required to be either temporarily removed or relocated as a result of such project. All costs associated with removal or relocation shall be the sole responsibility of the entity responsible for the sign. In the event of a permanent conflict and no appropriate site for relocation, the sign will not be permitted to be re-erected.

7.1.7 The following gateway signs are prohibited:

7.1.7.1 Signs advertising activities that are illegal under Federal or State laws or regulations in effect at the location of those signs or at the location of the activity.

7.1.7.2 Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official TCD, or obstruct or interfere with the driver’s view of approaching, merging, or intersecting traffic.

7.1.7.3 Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

7.1.7.4 Obsolete signs.

7.1.7.5 Signs which are structurally unsafe or in disrepair.

7.1.7.6 Signs which move or have any animated or moving parts.

7.1.7.7 Signs located in rest areas, parklands or scenic areas.

7.1.7.8 Signs not in conformance with applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot.

7.2 Size

7.2.1 The following limits shall apply to gateway signs:

7.2.1.1 Maximum area…32 square feet

7.2.1.2 Maximum height…10 feet

7.2.1.3 Maximum width…8 feet

7.2.2 The following limits shall apply to gateway signs constructed of a Department approved ornamental sign:

7.2.2.1 Maximum area…66 square feet

7.2.2.2 Maximum height…11 feet

7.2.2.3 Maximum width…6 feet

7.2.3 All dimensions include border and trim, but exclude supports.

7.3 Spacing

7.3.1 A gateway sign shall be placed no less than 200 feet from any official TCD maintained by the Department.

7.3.2 As defined in subsection 7.1.5.2 of this regulation, a gateway sign shall be located outside of the design clear zone for a roadway if such sign does not meet standards as set forth under NCHRP 350, MASH, or the most current version in effect at the time of application. The design clear zone will be calculated by the most practical method in use by the Department.

7.4 Lighting

7.4.1 Illumination of a gateway sign is prohibited.

7.4.2 A gateway sign shall be retro-reflective based on guidelines set forth in the most current version of the Delaware Manual on Uniform Traffic Control Devices (MUTCD).

7.5 Content

7.5.1 As per the Delaware MUTCD, the standard colors of red, orange, yellow, purple, or the fluorescent versions thereof, fluorescent yellow-green and fluorescent pink shall not be used for background colors for a gateway sign.

7.5.2 Abbreviations should be kept to a minimum, and should include only those that are commonly recognized and understood.

7.5.3 Word messages should be as brief as practical and the lettering should be large enough to provide the necessary legibility distance.

7.5.4 Internet and e-mail addresses, domain names, Uniform Resource Locators (URL), or phone numbers shall not be displayed on a gateway sign.

7.5.5 Slogans and related graphics shall be of some specific interest to the area represented by a gateway sign.

7.5.6 The interpolation of any type of advertising message is expressly prohibited.

7.6 Maintenance of Signs

7.6.1 All gateway signs shall be maintained in a good state of repair at all times. When any sign is damaged or falls into disrepair to the extent that obvious repairs are needed, the owner shall be notified by Certified Mail to make all necessary and allowable repairs. If the sign is not repaired, rebuilt, or removed within thirty days of said notification the sign will be considered as being abandoned and will be removed by the Department.

7.6.2 Signs causing an immediate safety concern will be removed by the Department without prior notification.

7.6.3 Applicants for gateway signs shall provide contact information for a responsible party in the event the sign is destroyed or enters a state of disrepair.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-8.0 Standards for Official Signs and Notices

8.1 General

8.1.1 Permits as defined in Section 19.0 will not be required for official signs and notices. An Official sign or notice shall be erected however, only after first securing approval of the Department. Requests for approval to erect such signs shall be made and processed in the same manner as for directional signs (See Section 6.0).

8.1.2 The following standards shall apply to official signs and notices erected outside of the State’s right-of-way only.

8.1.3 Official signs and notices shall be limited to the following:

8.1.3.1 Signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization by Federal, State or local law for the purposes of carrying out an official duty or responsibility.

8.1.4 The following signs are prohibited:

8.1.4.1 Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official TCD, or obstruct or interfere with the driver's view of approaching, merging, or intersection traffic.

8.1.4.2 Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

8.1.4.3 Obsolete signs.

8.1.4.4 Signs which are structurally unsafe or in disrepair.

8.1.5 Size

8.1.5.1 The following limits are applicable to official signs and notices:

8.1.5.1.1 Maximum area 15 square feet

8.1.5.1.2 Maximum height 5 feet

8.1.5.1.3 Maximum length 5 feet

All dimensions shall include border and trim but shall exclude supports.

8.1.6 Lighting

8.1.6.1 Signs may be illuminated, subject to the following restrictions:

8.1.6.1.1 Signs which contain, include, or are illuminated by any flashing, intermittent or moving light or lights are prohibited, except those giving public service information. The use of a variable message sign (VMS) as defined in Section 4.0 shall be prohibited for official signs and notices.

8.1.6.1.2 Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or primary highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

8.1.6.1.3 Signs so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal are prohibited.

8.1.7 Spacing

8.1.7.1 Each location of official sign or notice sign must be approved by the Department.

8.1.7.2 An Official sign or notice shall be located beyond 2,000 feet of an interchange, or intersection at grade along the Interstate System or other freeways (measured along the Interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way).

8.1.7.3 An official sign or notice shall be located beyond 2,000 feet of a rest area, parkland, or scenic area.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-9.0 Standards for Historical Markers

9.1 General

9.1.1 Permits as mentioned in Section 19.0 of these regulations will not be required for historical markers.

9.1.2 A historical marker shall only be erected after first securing approval of the Department. Requests for approval to erect a historical marker shall be in writing directed to the Department for the attention of the Manager of the Roadside Control Section. All requests shall be processed in accord with procedures promulgated by the Department.

9.1.3 Historical Markers shall be limited to the following:

9.1.3.1 Markers authorized by State law and erected by State or local government agencies or nonprofit historical societies.

9.1.4 The following historical markers are prohibited:

9.1.4.1 Markers located in such a manner as to obscure or otherwise interfere with the effectiveness of an official TCD, or obstruct or interfere with the driver’s view of approaching, merging, or intersection traffic.

9.1.4.2 Markers which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

9.1.4.3 Markers which are structurally unsafe or in disrepair.

9.2 Size

9.2.1 The following limits are applicable to historical markers:

9.2.1.1 Maximum area…15 square feet

9.2.1.2 Maximum height…5 feet

9.2.1.3 Maximum length…5 feet

All dimensions shall include border and trim but shall exclude supports.

9.3 Lighting

9.3.1 Lighting of historical markers is prohibited.

9.4 Spacing

9.4.1 Each location of a historical marker must be approved by the Department.

9.4.2 Historical markers shall not be erected along the Interstate System or other freeways.

9.4.3 Where applicable, historical markers should be located outside of the State’s right-of-way.

9.4.4 Historical markers located within the State’s right-of-way shall meet standards as set forth under the National Cooperative Highway Research Program 350 (NCHRP 350), the Manual for Assessing Safety Hardware (MASH), or the most current version in effect at the time.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-10.0 Standards for Public Utility and railroad Signs

10.1 General

10.1.1 The erection of a public utility or railroad sign may be undertaken without Department approval. Such signs will, however, be limited to warning signs, informational signs, and notices or markers which are customarily erected and maintained by publicly or privately owned public utilities or railroads as essential to their operation.

10.1.2 Public utility and railroad signs shall be installed to standards as set forth under the National Cooperative Highway Research Program 350 (NCHRP 350), the Manual for Assessing Safety Hardware (MASH), or the most current version in effect at the time.

10.1.3 The following signs are prohibited:

10.1.3.1 Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official TCD, or obstruct or interfere with the driver’s view of approaching, merging, or intersection traffic.

10.1.3.2 Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

10.1.3.3 Obsolete signs.

10.1.3.4 Signs which are structurally unsafe or in disrepair.

10.2 Size

10.2.1 The following limits are applicable to public utility and railroad signs:

10.2.1.1 Maximum area 4 square feet

10.2.1.2 Maximum height 4 feet

10.2.1.3 Maximum length 4 feet

10.2.2 All dimensions include border and trim but exclude supports.

10.3 Lighting

10.3.1 Signs may be illuminated, subject to the following restrictions:

10.3.1.1 Signs which contain, include, or are illuminated by any flashing, intermittent or moving light or lights are prohibited.

10.3.1.2 Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of the NHS or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

10.3.1.3 Signs so illuminated as to interfere with the effectiveness of or obscure an official TCD are prohibited.

10.4 Spacing

10.4.1 The number and spacing of public utility and railroad signs shall be limited to those customarily erected and maintained as essential to the operation of a particular utility or railroad.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-11.0 Standards for Service Club and Religious Notices

11.1 General

11.1.1 Service club or religious notices shall be erected or maintained only after first securing approval from the Department. Applications shall be made and processed in accord with procedures promulgated by the Department. Service club and religious signs shall be limited to the following:

11.1.1.1 Signs and notices relating to meetings of nonprofit service clubs.

11.1.1.2 Signs and notices of charitable associations.

11.1.1.3 Signs and notices stating place and time of religious services.

11.1.2 The following signs are expressly prohibited:

11.1.2.1 Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official TCD or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

11.1.2.2 Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

11.1.2.3 Obsolete signs.

11.1.2.4 Signs which are structurally unsafe or in disrepair.

11.1.2.5 Signs which move or have any animated or moving parts.

11.1.2.6 Signs located in rest areas, parklands or scenic areas.

11.1.2.7 Signs not in conformance with applicable wind pressure requirements.

11.1.2.8 Signs erected on the right-of-way of any public highway.

11.2 Size

11.2.1 The following limits are applicable to service club and religious notices:

11.2.1.1 Maximum area 8 square feet

11.2.1.2 Maximum height 4 feet

11.2.1.3 Maximum length 4 feet

11.3 Lighting

11.3.1 Illumination of service club and religious notices is prohibited.

11.4 Spacing

11.4.1 A sign may be placed on a major route entering the vicinity of the involved activity but must be located within one-half mile of the meeting place.

11.5 Number

11.5.1 Total number of service club and religious notices to a particular locale shall not exceed two.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-12.0 Standards for Public Service Signs

12.1 General

12.1.1 No public service sign shall be erected or maintained without first securing a permit from the Department as required by these regulations. Applications for permits shall be processed in accord with procedures promulgated by the Department. A certification by the Department of Education (DOE) that each shelter on which signs are or are to be erected is needed to provide shelter for students at that location shall accompany each application. Applications and approval shall be processed in accord with procedures promulgated by the Department.

12.1.2 Shelters shall bear an identifying tag indicating the name and contact information of the party responsible for the shelter and any signs affixed to it. Such identification tags shall be placed within the interior of the shelter and cannot exceed 2 square feet.

12.1.3 Shelters located within the right-of-way of any public highway shall not display any type of advertising sign except an identification tag as defined in subsection 12.1.2.

12.1.4 At such time a shelter is no longer deemed necessary by the DOE, or is no longer being occupied by students, any and all signs affixed to such shelter shall be removed immediately. This paragraph does not apply to identification tags as defined in subsection 12.1.2.

12.2 Public Service signs shall be limited to the following:

12.2.1 Signs which identify the donor, sponsor, or contributors of the shelter on which the sign is erected, and or

12.2.2 Which contain safety slogans or messages which shall occupy not less than 60 percent of the area of the sign and

12.2.3 Which contain no other message.

12.3 Size

12.3.1 Public service sign shall not exceed 32 square feet in area.

12.4 Lighting

12.4.1 Lighting of public service signs is prohibited.

12.5 Spacing

12.5.1 Only two public service signs shall be permitted at any one location. Signs will only be approved for a shelter provided it does not in any way obscure or otherwise interfere with the effectiveness of an official TCD, or which obstructs or interferes with the driver's view of approaching, merging, or intersection traffic, or which interferes with the safe and free flow of traffic in any way.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-13.0 Standards for On Premise Signs

13.1 General

13.1.1 Section 1114, Subchapter 1, Chapter 11, Title 17 of the Delaware Code exempts on premise signs from all provisions of Subchapter 1, except that such signs shall be subject to the Rules and Regulations adopted by the Department as required by Section 1103 of Subchapter 1, Chapter 11 of Title 17. Consistent with the stated policy of Chapter 11 of Title 17 for protecting the public's investment in highways and enhancing the natural scenic beauty, the following shall apply to all on premise signs which are erected and maintained within 660 feet of the nearest edge of the right-of-way of any interstate highway in this State, and which are visible from the main traveled way of such systems.

13.2 Eligibility

13.2.1 A sign display, or device shall be considered an on-premise sign if:

13.2.1.1 it is located on the same premises as the activity or property advertised and

13.2.1.2 it has as its purpose the identification of the activity conducted on the premises or advertises the sale or lease of the property on which it is located.

13.2.2 Signs greater than 32 square feet shall be considered on premise if they meet the conditions as defined in subsections 13.3 and 13.4 of this section.

13.3 Premise Test

13.3.1 As used in these regulations, the premises on which an activity is conducted shall be the land occupied by the building or other physical uses that are necessary or customarily incident to the activity including such open spaces as are arranged and designed to be used in connection with such buildings or uses.

13.3.2 The following will not be considered to be a part of the premises on which an activity is conducted and any signs located on such land will be considered "off premise" advertising:

13.3.2.1 Any lands not used as an integral part of the principal activity, or

13.3.2.2 Any land used for a separate purpose unrelated to the advertised activity, or

13.3.2.3 Any land at some distance from the principal activity, and in closer proximity to the highway than the principal activity, and developed or used only in the area of the sign site, or between the sign site and the principal activity, and occupied solely by structures or uses only incidental to the principal activity, and which serve no reasonable purpose other than to qualify the land for signing purposes, or

13.3.2.4 Any configuration of land which is such that it cannot be put to any reasonable use related to the principal activity other than for signing purposes, or

13.3.2.5 Any land which is nonbuildable, such as swamp, marsh or other wetland, or

13.3.2.6 Any land which is common or private roadway or held by easement or other lesser interest than the premises where the advertised activity is located,

13.3.2.7 With the exception of agri-produce signs, any land in excess of 50 feet from the principal activity or accessory uses.

13.4 Purpose Test

13.4.1 The following signs, displays, and devices shall be considered as having as their purpose, (1) the identification of the activity located on the premises or its products or services, or (2) the sale or lease of the property on which the sign is located:

13.4.1.1 Any sign which consists solely of the name of the establishment.

13.4.1.2 Any sign which identifies the establishments principal or accessory products or services offered on the premises.

13.4.1.3 Any sign which has no message content other than for sale or lease.

13.4.2 Signs in the following categories shall be considered as not fulfilling requirements and shall be treated as "off premise" advertising:

13.4.2.1 A sign which brings rental income to the property owner, or

13.4.2.2 Which consists principally of brand or trade name advertising, or

13.4.2.3 Which advertises a product only incidental to the principal activity, or

13.4.2.4 Which advertises, in addition to the activities conducted on the premises, activities not conducted on the premises, or

13.4.2.5 One which in addition to the sale or lease aspects of the property advertises any product or service not located upon and unrelated to the business of selling or leasing the land on which the sign is located.

13.5 Applications

13.5.1 A permit shall not be required for an "on premise" sign. Any such sign shall be erected, however, only after first securing written approval of the Department. Application for permission to erect on premise signs shall be made and processed in the same manner as applications for outdoor advertising signs (See Section 15.0). Such signs may be either freestanding or attached to buildings providing they meet the requirements of this section.

13.6 The following "on premise" signs are prohibited:

13.6.1 Signs advertising activities that are illegal under Federal and State laws or regulations in effect at the location of those signs or at the location of the activity.

13.6.2 Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official TCD, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

13.6.3 Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

13.6.4 Obsolete signs.

13.6.5 Signs which are structurally unsafe or in disrepair.

13.6.6 Signs which move or have any animated or moving parts except as provided in subsection 13.8 below.

13.6.7 Signs not in conformance with applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot (85 M.P.H. winds).

13.7 Size

13.7.1 On premise signs 32 square feet or less are exempt from the provisions of this section.

13.7.2 A sign advertising the sale or lease of property shall not exceed square feet in area.

12 SF-Residential

32 SF-Commercial

13.7.3 Signs greater than 32 square feet shall be considered on premise if they meet the conditions as defined in subsections 13.3 and 13.4.

13.7.4 All measurements shall include border and trim but shall exclude supports.

13.8 Lighting

13.8.1 On premise signs may be illuminated subject to the following:

13.8.1.1 Signs which contain, include, or are illuminated by any flashing, intermittent, or, moving light or lights are prohibited except as provided in subsection 13.8.1.4.

13.8.1.2 Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

13.8.1.3 A sign may be so illuminated provided it does not interfere with the effectiveness of or obscure an official TCD.

13.8.1.4 Variable Message Signs (VMS) may be changed at intervals by electronic or mechanical process or remote control provided that:

13.8.1.4.1 Each message remains fixed for a minimum of at least 10 seconds.

13.8.1.4.2 When the message is changed, it must be accomplished in 1 second or less, with all moving parts or illumination changing simultaneously and in unison.

13.8.1.4.3 A variable message sign must contain a default design that will freeze the sign in one position if a malfunction occurs or, in the alternative, that will shut down.

13.8.1.4.4 A variable message sign may not contain or display any lights, effects, or messages that flash, move, appear to be animated or to move, scroll, or change in intensity during the fixed display period. A variable message sign must appropriately adjust display brightness as ambient light levels change.

13.8.1.4.5 A sign that attempts or appears to attempt to direct the movement of traffic or which contains wording, color, shapes, or likenesses of official traffic control devices is prohibited.

13.9 Spacing

13.9.1 Spacing requirements shall not apply to “on premise” signs except for sale or lease signs shall be limited to a total of two for any one property.

13.10 Decorative Residential Subdivision Signs

13.10.1 Decorative residential subdivision signs which basically indicate the name of the individual suburban community are, for the purposes of these rules and regulations, considered a type of on premise signs and are allowable provided:

13.10.1.1 They are erected within the subdivision limits,

13.10.1.2 The prime intent is identification of the subdivision,

13.10.1.3 They have received prior approval from the Division and

13.10.1.4 They meet all eligibility tests specified in this paragraph.

13.10.1.5 The provisions in this section apply to decorative residential subdivision signs erected adjacent to any state maintained roadway within this State.

13.10.2 The following signs are expressly prohibited:

13.10.2.1 Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official TCD, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic,

13.10.2.2 Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features,

13.10.2.3 Obsolete signs,

13.10.2.4 Signs which are structurally unsafe or in disrepair,

13.10.2.5 Signs which move or have any animated or moving parts,

13.10.2.6 Signs located in rest areas or parklands,

13.10.2.7 Signs containing the names of builders or developers.

13.10.3 Placement

13.10.3.1 New signs shall be placed on an established easement, or private property at the entrance to the subdivision. In areas where no easement is available due to limited site frontage, or placement on private property is not possible, provisions may be made to locate the sign within the right-of-way provided that:

13.10.3.1.1 Signs shall be compliant with the standards as set forth under the National Cooperative Highway Research Program 350 (NCHRP 350), the Manual for Assessing Safety Hardware (MASH), or the most current version in effect at the time.

13.10.3.1.2 Signs do not present a sight distance or safety hazard.

13.10.3.1.3 A right-of-way use agreement is executed with the Department.

13.10.4 Lighting

13.10.4.1 Signs may be illuminated subject to the following:

13.10.4.1.1 Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited. The use of a variable message sign (VMS) as defined in Section 4.0 of these regulations shall be prohibited for decorative residential subdivision signs.

13.10.4.1.2 Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any highway or which are of such intensity or brilliance as to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

13.10.4.1.3 No sign may be so illuminated as to interfere with the effectiveness of or obscure an official TCD.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-14.0 Standards for Agri-Produce Signs

14.1 General

14.1.1 Agri-produce signs shall not be allowed to be erected on the Interstate system unless they fully meet the requirements for "on premise" signs as set out in Section 13.0 of these regulations.

14.1.2 On other systems, agri-produce signs shall be considered as "on premise" signs and shall be subject to the same requirements and conditions as described for "on premise" signs in Section 13.0 of these regulations with the following exceptions:

14.1.2.1 Free standing agri-produce signs shall be allowed to remain erected only during the seasonal period of the item being advertised. During the off season signs of this type shall be removed.

14.1.2.2 Free standing signs may be located more than 50 feet but no more than 500 feet from the activity and on the same property as the activity being conducted.

14.2 Size

14.2.1 The following limits are applicable to agri-produce signs:

14.2.1.1 Maximum area 32 square feet

14.2.1.2 Maximum height 8 feet

14.2.1.3 Maximum length 8 feet

14.2.1.4 Total sign area allowable per site - 100 square feet (maximum)

14.3 Lighting

14.3.1 Signs may be illuminated, subject to the following:

14.3.1.1 Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.

14.3.1.2 Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of the NHS or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle is prohibited.

14.3.1.3 Signs so illuminated as to interfere with the effectiveness of or obscure an official TCD are prohibited.

14.3.1.4 VMS signs shall follow guidelines as defined in subsection 13.8.1.4.

14.4 Spacing

14.4.1 Each location of an agri-produce sign must be approved by the Department and shall receive written approval prior to erection of any signs.

14.4.2 Each sign must be located within 500 feet of the activity, on the same property and same side of highway as the activity.

14.5 Number

14.5.1 Each location may have a variable number of agri-produce signs necessary for the individual site provided total site sign area allowable is not exceeded. Each application must be made to the Department and directed to the attention of the Roadside Control Section. Applications will be processed in accordance with procedures promulgated by the Department.

14.6 Safety of traveling public

14.6.1 At all times the Division must give prime consideration to the safety of the traveling public and if at any time an unsafe condition should arise, the Department shall advise the location owner of certain positive steps which must be undertaken within a specified duration of time. Failure to comply with the required improvements will result in suspension of the approval and removal of the sign until such time that corrective measures have been implemented.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-15.0 Standards for Outdoor Advertising Signs, Displays, and Devices in Areas Zoned Industrial or Commercial Within the Controlled Area

15.1 General

15.1.1 Except as otherwise provided in these regulations, no signs, displays, or devices will be permitted to be erected or maintained unless it is within an area zoned as commercial or industrial under authority of State law. Permits shall be required for all such signs. Applications and permits shall be processed in accordance with procedures promulgated by the Department.

15.1.2 Signs, displays, and devices erected and maintained within all other zoned industrial and commercial areas shall be subject to the following conditions and requirements.

15.1.3 On-premise signs, displays, and devices which do not meet criteria set forth in Section 13.0 shall be considered "off-premise" advertising and shall be subject to the following conditions and requirements.

15.2 The following signs shall be prohibited:

15.2.1 Signs advertising activities that are illegal under Federal or State laws or regulations in effect at the location of those signs or at the location of the activity.

15.2.2 Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official TCD, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

15.2.3 Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

15.2.4 Obsolete signs.

15.2.5 Signs which are structurally unsafe or in disrepair.

15.2.6 Signs not in conformance with applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot, whichever is greater.

15.3 Size

15.3.1 The maximum area for any outdoor advertising sign facing shall be 1,200 square feet with a maximum height of 25 feet and a maximum length of 60 feet.

15.3.2 The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign.

15.3.3 All dimensions shall include border and trim but shall exclude supports.

15.3.4 A sign structure may contain one or two signs per facing and two sign facings may be placed back to back or V-type at one location but in no event shall the total area of any facing exceed 1,200 square feet.

15.3.5 A sign which exceeds 600 square feet in area may not be on the same sign facing with any other sign.

15.4 Lighting

15.4.1 Signs may be illuminated, subject to the following restrictions:

15.4.1.1 Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except as defined in subsection 15.4.1.5 below.

15.4.1.2 Signs which are not effectively. shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of any highway and which are of such intensity or brilliance as to cause glare or to impair the vision of a driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle are prohibited:

15.4.1.3 Signs so illuminated as to interfere with the effectiveness of, or obstructs an official TCD is prohibited.

15.4.1.4 All such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the Department.

15.4.1.5 Variable Message Signs (VMS) may be changed at intervals by electronic process or remote control provided that:

15.4.1.5.1 Each message remains fixed for a minimum of at least 10 seconds.

15.4.1.5.2 When the message is changed, it must be accomplished in 1 second or less, with all moving parts or illumination changing simultaneously and in unison.

15.4.1.5.3 A VMS must contain a default design that will freeze the sign in one position if a malfunction occurs or, in the alternative, that will shut down.

15.4.1.5.4 A VMS may not contain or display any lights, effects, or messages that flash, move, appear to be animated or move, scroll, or change in intensity during the fixed display period.

15.4.1.5.5 A VMS must appropriately adjust display brightness as ambient light levels change.

15.4.1.5.6 A VMS that attempts or appears to attempt to direct the movement of traffic, or which contains wording, color, shapes, or likenesses of official traffic control devices is prohibited.

15.4.1.5.7 A VMS providing public service information such as time, temperature, weather or traffic conditions is permitted provided that the addition or interpolation of any advertising text, illustration, or message of any kind is prohibited and that such signs follow the other provisions of this section.

15.4.1.5.8 A VMS may not be placed along designated scenic or historic byways.

15.4.1.5.9 Except for official Department use, a VMS may not be placed along the portion of State Route 1 from the point at which it merges with U.S. Route 13 below State Route 71 to the point where it merges with the southbound on-ramp of State Route 9.

15.5 Spacing

15.5.1 For Interstate and controlled access highways, the structure for outdoor advertising sign shall be at least 500 feet from any similar structure.

15.5.2 For non-controlled access highways, outside incorporated areas, the structure for any sign shall be at least 300 feet from any similar structure. For non-controlled access highways within incorporated areas, the structure for any sign shall be at least 100 feet from any similar structure.

15.5.3 When structures are separated by building or other artificial obstructions in such a manner that only one sign facing located within the above spacing distances is visible from the highway at one time, variances may upon application be granted by the Department.

15.5.4 The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and is applicable only to structures located on the same side of the highway.

15.5.5 Outside incorporated areas outdoor advertising signs shall be located 500 feet (minimum from any interchange, intersection, at grade, safety rest area or information center (measured along the Interstate or freeway from the beginning or ending of pavement widening at the exit or entrance to the main traveled way).

15.5.6 Except for roof signs, wall signs and free standing signs against the wall of a building, no ground signs shall be placed within 35 feet of either highway right of way at an intersection where they converge, unless the base of such sign is at least 8 feet above ground level or road bed, whichever is higher.

15.5.7 Official and "on premise" signs, as defined in these regulations shall not be counted nor shall measurements be made from them for purposes of determining compliance with spacing requirements.

15.5.8 A VMS along the same roadway and facing in the same direction of travel may not be placed, as measured along the centerline of the roadway, within 2,500 feet of another VMS, or within 500 feet of a static outdoor advertising sign, or within 1,000 feet of an interchange, interstate junction or merging or diverging traffic, or an at-grade intersection.

15.6 Non-Conforming Signs

15.6.1 Legally erected signs found not to be in compliance with the spacing requirements of this section shall be determined to be a non-conforming sign and shall be purchased as provided by State law and in accord with Policy and Procedures developed and adopted by the Department.

15.6.2 In any instance where it is found that two or more signs do not meet spacing requirement, the date of the issuance of the original permit shall control with the older being allowed to remain.

15.7 Control by Political Subdivisions

15.7.1 At any time that a political subdivision adopts comprehensive zoning that provides for and enforces regulation of size lighting and spacing of signs in commercial and industrial zones and applies for and is certified by the Department under the provisions of Section 20.0 of these regulations, control shall pass to such political subdivision. Certification is at the sole discretion of the Department.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-16.0 Bonding Requirements

At its discretion, the Department may require that any resident, non-resident or foreign corporation engaged in the business of outdoor advertising prior to the issuance of any permit for the posting or display of any advertisement or the erection, use or maintenance of any advertising structure shall furnish and file with the Roadside Control Section a bond payable to the State of Delaware with surety approved by the Department, and in the sum of $5,000.00, conditioned that said individual company or corporation fulfills all the requirements of law and regulations and orders of the Department relating to the display of advertisements or the erection of advertising structures. Such bond shall remain in full force and effect until such obligations of such licensee to the State are satisfied.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-17.0 Maintenance of Signs

17.1 General

17.1.1 All signs within the controlled areas shall be maintained in a good state of repair at all times. When any sign is damaged or falls into disrepair to the extent that obvious repairs are needed, the owner shall be notified by Certified Mail to make all necessary and allowable repairs. If the sign is not repaired, rebuilt, or removed within six months of said notification the applicable sign permit shall lapse and become null and void. In these cases where permits are not required, such signs will be considered as being abandoned and will be removed by the Department.

17.2 Alterations

17.2.1 The size and shape of signs may be altered during repair with the exception of non-conforming signs providing that:

17.2.1.1 At least ten working days prior to beginning of alterations written notice is furnished to the Department fully defining the nature and extent of the proposed alterations.

17.2.1.2 Alterations do not exceed permit limits and

17.2.1.3 Other requirements of these regulations are met.

17.3 Relocation of Signs

17.3.1 With the exception on non-conforming signs, signs may be relocated provided they meet all criteria and requirements of these regulations. Any sign moved to a new location will require a new permit and permit number and will be considered and processed as a new sign.

17.4 Maintenance of Non-conforming Signs

17.4.1 General

17.4.1.1 Non-conforming signs may be maintained or rebuilt when destroyed by vandalism providing they are rebuilt to substantially be the same as they are in existence on June 30, 1970. Such signs may continue as long as they are not abandoned, destroyed or discontinued.

17.4.2 Discontinued signs

17.4.2.1 A non-conforming sign which has displayed obsolete or damaged advertising matter or has not displayed advertising matter for a period of six months subsequent to receipt of written notice from the Department shall be considered as a discontinued sign and shall be required to be removed by the owner without compensation.

17.4.3 Abandoned signs

17.4.3.1 Non-conforming signs which are in need of substantial repair either to the face or support structure and are not repaired within a period of six months after receipt of written notice from the Department shall be considered as an abandoned sign and shall be required to be removed by the owner without compensation.

17.4.4 Destroyed signs

17.4.4.1 Non-conforming signs which have been damaged, except by vandalism, to the extent that the cost of reconstructing the sign exceeds 50% of the sign if it were constructed new shall be considered as being destroyed and shall be required to be removed by the owner without compensation.

17.4.5 Owners Liability

17.4.5.1 All costs incurred by the Department shall be the responsibility of the sign owner of any signs listed in subsections 17.4.2, 17.4.3 and 17.4.4 of this section that are removed by Division personnel.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-18.0 Destruction of Trees

18.1 General

18.1.1 In no case will the destruction of trees or shrubs within the right of way of any highway for the purpose of increasing or enhancing the visibility of an outdoor advertising sign be allowed.

18.2 Penalties

18.2.1 Persons who undertake such action will be

18.2.1.1 Subject to possible criminal prosecution and

18.2.1.2 Have the permit for the involved sign revoked and

18.2.1.3 Responsible for any corrective action relative to the trees and shrubs deemed necessary by the Department.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-19.0 Permits and Fees

19.1 General

19.1.1 Section 1104, Subchapter 1, Chapter 11, Title 17 of the Delaware Code includes provisions for:

19.1.1.1 The Department to issue and renew permits for each sign for a period of at least one year for the erection and maintenance of outdoor advertising signs, displays, and devices, and

19.1.1.2 The Department to establish and collect fees for the issuance of permits and renewals thereof in an amount deemed necessary to defray the costs of this operation.

19.2 Duration of Permits

19.2.1 Each permit shall be valid for the period beginning January 1 and ending December 31 of each calendar year.

19.2.2 Permits granted during any month of the year shall expire on December 31 of the same calendar year.

19.3 Fees

19.3.1 Each calendar year the Department shall review its administrative costs and the number of signs and determine the adequacy of present permit fees to defray the involved costs.

19.3.2 When a change in fee is necessary, the new fee shall become effective for all new permits immediately upon receipt of Department approval and for renewals on January 1 of the next calendar year following approval.

19.3.3 The fee for a portion of the calendar year will be the same as determined necessary for the entire calendar year.

19.3.4 The Department shall notify all interested parties of any change in fee.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-20.0 Certification of Political Subdivisions

20.1 General

20.1.1 Subsection (a) of Section 1110, Subchapter 1, Chapter 11, Title 17 of the Delaware Code provides for the Department to certify a political subdivision as having effective control when such political subdivision has established and is enforcing regulations as to the size, spacing, and lighting of outdoor advertising signs, displays and devices in zoned commercial and industrial areas within its zoning jurisdiction.

20.1.2 Until such time as a political subdivision has been certified by the Department, full responsibility for the control of outdoor advertising within the controlled area shall remain with the Department. Upon certification, the authority and responsibility for the control of outdoor advertising shall pass to the political subdivision. A certified political subdivision shall implement control and surveillance procedures and maintain such records as may be necessary to assure compliance with its regulations.

20.1.3 The Department shall have the right to inspect any certified subdivisions procedures and records and if it is found that a subdivision's regulations are not being enforced, shall after 30 days written notice, resume full authority and responsibility for control of outdoor advertising in the controlled area.

20.1.4 Applications for certification shall be initiated by political subdivisions and shall be in writing addressed to the Secretary of the Department. Applications shall be processed in accordance with procedures promulgated by the Department.

20.1.5 The authority and responsibility for the control and regulation of directional and other official signs and notices as described in these regulations shall remain with the Department.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-21.0 Political Subdivision Regulations

A political subdivision of the State of Delaware may establish and maintain standards which are more restrictive with respect to certain signs than the standards in these rules and regulations.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-22.0 Penalties

22.1 Whoever violates the provisions of these regulations shall be fined not less than $10.00 nor more than $50.00.

22.2 Each day that a violation is allowed to continue beyond the legal notice shall be considered a separate offense.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code § 2601-23.0 Separability

The various paragraphs of these rules and regulations are declared to be separable and should any word, phrase, sentence or portion be declared invalid, the remaining portions shall not be affected, but shall remain in full force and effect.

History

18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)
18 DE Reg. 999 (06/01/15)
18 DE Reg. 999 (06/01/15)
Approved: 1975
Amended: 1981
18 DE Reg. 999 (06/01/15)
19 DE Reg. 1029 (05/01/16)

2 Del. Admin. Code — Transportation

1000 Department of Safety and Homeland Security

1100 Office of the Secretary

1101 Regulations Governing Travel Restrictions During A State Of Emergency

2 Del. Admin. Code § 1101 Regulations Governing Travel Restrictions During A State Of Emergency

1200 Office of Highway Safety

1201 Driving Under the Influence Evaluation Program, Courses Of Instruction, Programs of Rehabilitation and Related Fees (Repealed)

2 Del. Admin. Code § 1201 Driving Under the Influence Evaluation Program, Courses Of Instruction, Programs of Rehabilitation and Related Fees (Repealed)

1202 Aggressive Drivers

2 Del. Admin. Code § 1202 Aggressive Drivers

1204 Drinking Driver Programs Standard Operating Procedures (Repealed)

2 Del. Admin. Code § 1204 Drinking Driver Programs Standard Operating Procedures (Repealed)

1205 Electronic Red Light Safety Program (ERLSP)

2 Del. Admin. Code § 1205-1.0 Statement of Purpose

2 Del. Admin. Code § 1205-2.0 Locations of Traffic Light Signal Monitoring Systems

2 Del. Admin. Code § 1205-3.0 System Vendor

2 Del. Admin. Code § 1205-4.0 Fines

2 Del. Admin. Code § 1205-5.0 Violation Criteria

2 Del. Admin. Code § 1205-6.0 Determination of Violation

2 Del. Admin. Code § 1205-7.0 Exemptions

2 Del. Admin. Code § 1205-8.0 Notice of Violation Content

2 Del. Admin. Code § 1205-9.0 Affidavits

2 Del. Admin. Code § 1205-10.0 Payment of Civil Assessment

2 Del. Admin. Code § 1205-11.0 Procedures to Contest a Violation

2 Del. Admin. Code § 1205-12.0 Failure to Pay Civil Assessment

1206 Approved Motorcycle Helmets and Eye Protection

2 Del. Admin. Code § 1206 Approved Motorcycle Helmets and Eye Protection

1300 Division of State Police

1301 Nonconsensual Towing

2 Del. Admin. Code § 1301-1.0 Authority and Statement of Purpose

2 Del. Admin. Code § 1301-2.0 Definitions

2 Del. Admin. Code § 1301-3.0 Tow Vehicles and Equipment

2 Del. Admin. Code § 1301-4.0 Approved Towers

2 Del. Admin. Code § 1301-5.0 Denial of Approved Tower Status

2 Del. Admin. Code § 1301-6.0 Towing Service Allocation System

2 Del. Admin. Code § 1301-7.0 Recovery Procedures at Scene of Accident

2 Del. Admin. Code § 1301-8.0 Prohibited Acts

2 Del. Admin. Code § 1301-9.0 Rates

2 Del. Admin. Code § 1301-10.0 Delegating, Subcontracting, and Assignment

2 Del. Admin. Code § 1301-11.0 Loss of Approved Status

1302 Motor Carrier Safety Enforcement

2 Del. Admin. Code § 1302 Motor Carrier Safety Enforcement

2000 Department of Transportation

2150 Office of Aeronautics

2151 Delaware Airport Licensing Regulation

2 Del. Admin. Code § 2151 Delaware Airport Licensing Regulation

2152 Delaware Airport Obstruction Regulation

2 Del. Admin. Code § 2152 Delaware Airport Obstruction Regulation

2200 Division of Motor Vehicles

Driver Services Driver Services

2201 Procedure for Re-licensing Investigations

2 Del. Admin. Code § 2201 Procedure for Re-licensing Investigations

2202 Issuance of Duplicate Drivers’ Licenses (Formerly Reg. No. 6)

2 Del. Admin. Code § 2202 Issuance of Duplicate Drivers’ Licenses (Formerly Reg. No. 6)

2203 Implied Consent and Administrative Per Se Other Administrative Hearings of Record

2 Del. Admin. Code § 2203-1.0 Authority

2 Del. Admin. Code § 2203-2.0 Purpose

2 Del. Admin. Code § 2203-3.0 Applicability

2 Del. Admin. Code § 2203-4.0 Substance of Policy

2 Del. Admin. Code § 2203-5.0 Severability

2 Del. Admin. Code § 2203-6.0 Effective Date

2204 Police Authorization to Pick Up Suspended or Revoked Driver Licenses, Vehicle Registration Cards, License Plates or Certificates of Title (Formerly Reg. No. 27)

2 Del. Admin. Code § 2204 Police Authorization to Pick Up Suspended or Revoked Driver Licenses, Vehicle Registration Cards, License Plates or Certificates of Title (Formerly Reg. No. 27)

2205 Authorization of Judges and Aldermen in Delaware Courts to take Possession of Drivers’ Licenses (Formerly Reg. No. 31)

2 Del. Admin. Code § 2205 Authorization of Judges and Aldermen in Delaware Courts to take Possession of Drivers’ Licenses (Formerly Reg. No. 31)

2206 Revocation of a Driver's License/Driving Privilege Pursuant to Section 4103(b) and Section 2732(a-8) (Formerly Reg. No. 40)

2 Del. Admin. Code § 2206 Revocation of a Driver's License/Driving Privilege Pursuant to Section 4103(b) and Section 2732(a-8) (Formerly Reg. No. 40)

2207 Suspension of Permanent Licenses (Formerly Reg. No. 41)

2 Del. Admin. Code § 2207 Suspension of Permanent Licenses (Formerly Reg. No. 41)

2208 Concerning Driver Improvement Problem Driver Program (Formerly Reg. No. 45)

2 Del. Admin. Code § 2208 Concerning Driver Improvement Problem Driver Program (Formerly Reg. No. 45)

2209 Driver’s License for Armed Forces Personnel (Formerly Reg. No. 51)

2 Del. Admin. Code § 2209 Driver’s License for Armed Forces Personnel (Formerly Reg. No. 51)

2210 Issuance of a Conditional License as the Result of a Suspension Due to a Conviction for Passing a Stopped School Bus. (Formerly Reg. No. 57)

2 Del. Admin. Code § 2210 Issuance of a Conditional License as the Result of a Suspension Due to a Conviction for Passing a Stopped School Bus. (Formerly Reg. No. 57)

2211 The Issuance of Restricted Driving Privileges as the Result of a Suspension or Revocation Order Received from Family Court Relative to a Juvenile Being in Violation of 21 Del.C. §4177. (Formerly Reg. No. 63)

2 Del. Admin. Code § 2211 The Issuance of Restricted Driving Privileges as the Result of a Suspension or Revocation Order Received from Family Court Relative to a Juvenile Being in Violation of 21 Del.C. §4177. (Formerly Reg. No. 63)

2212 Issuance of Occupation Driver’s License After Conviction of No Insurance on a Vehicle (Formerly Reg. No. 78

2 Del. Admin. Code § 2212 Issuance of Occupation Driver’s License After Conviction of No Insurance on a Vehicle (Formerly Reg. No. 78

2213 Issuance of Non-Commercial Driver Licenses and Emergency Vehicle Operators Documents