Statutory Authority: 21 Delaware Code, Sections 302, 2733(a)(4) (21 Del.C. §§302, 2733(a)(4))
Policy Regulation Number 90, Concerning Aggressive Drivers
I. Authority
The authority to promulgate this regulation is 21 Del.C. §302, 21 Del. C. §2733(a)(4) and 29 Del.C. §10115.
II. 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 uses these policy guidelines to initiate program requirements and impose license suspensions.
III. Applicability
This policy regulation interprets the following sections found in Title 21: §2722, §2733(b), (e), (j), §2755, §2756, §4166(d), (j), §4169, §4175, 4175a, §4172(a), (b), §4172A, §6702, and §8101.
IV. Substance of Policy
1. Point System. The Division of Motor Vehicles shall identify problem drivers, educate and impose driver license sanctions based upon a point system. Violations will be assessed points based upon the following:
Violations Points
Speeding 1-9 miles per hour over posted limit 2
Speeding 10-14 miles per hour over posted limit 4
Speeding 15-19 miles per hour over posted limit 5
Speeding 20 or more miles per hour over
posted limit 5*
*May result in additional actions including suspension
Violations Points
Passing A Stopped School Bus 6
Reckless Driving 6
Aggressive Driving 6
Disregarding Stop Sign or Red Light 3
Moving violation contained in
Chapters 27, 41 or 42 of Title 21 2
Point Credits
a. A licensee who is convicted of a speeding violation from 1 to 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.
b. 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 their 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.
c. The point credits listed in paragraph (b) 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.
2. Driver Improvement Problem Driver Program. A driver enters the Driver Improvement Problem Driver Program when they accumulate 8 calculated points based upon on 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.
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 License Compact.
“The Aggressive Driving Committee, in accordance with Policy Regulation 90, must certify all behavior modification/attitudinal driving courses. The committee has the authority to designate alternative courses to comply with the requirements of Policy Regulation 45.”
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 maybe 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 Action Items
Points
8 Division of Motor Vehicles advisory letter is
mailed to the driver. DDC credits will not
impact the issuance of an advisory letter.
12 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.
14 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.
16 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.
18 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.
20 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.
22 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.
3. 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:
(a) 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 their driving record and send the driver an advisory letter.
(b) 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 they were driving 25 – 29 MPH over the posted limit.
(c) 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. Additional Sanctions Imposed by Statue or Policy.
(a) Passing a stopped school bus in violation of 21Del.C. Section 4166(d). For the first offense, one-month drivers license suspension. For the second offense, six months suspension. For the third or more offenses, suspend the driver’s license for twelve months.
(b) Driving in violation of a license restriction per 21 Del C. Section 2722. For the first offense, send an advisory letter. Suspend the driver’s license for one-month for subsequent offenses.
(c) Speed exhibition violation per 21 Del.C. Section 4172(a)(d). One-month suspension for the first offense and one-year driver license suspension for subsequent offenses.
(d) Spinning wheels violation per 21 Del.C. Section 4172(b). Send an advisory letter for the first offense. Suspend the driver’s license for one year for second and subsequent offenses.
(e) Malicious mischief violations per 21 Del.C. Section 4172A. One-month driver license suspension for the first offense. One-year suspension for the second and subsequent offenses.
(f) Knowingly permit an unlicensed person to operate a vehicle violation per 21 Del. C. Section 2755. Send an advisory letter for the first offense. Three-month driver license suspension for the second and subsequent offenses.
(g) Driving without consent of the owner violation per 21 Del.C. Section 6702. One-month driver licenses suspension for the first offense and three month’s suspension for the second and subsequent offenses.
(h) Driving during suspension or revocation violations per 21 Del.C. Section 2756. A conviction for driving during suspension or revocation shall extend the period of the suspension or revocation for a like period. 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 violations 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.
5. Occupational License. In the event of a suspension of a driver’s license pursuant to this policy regulation, 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 under this policy regulation within the previous 3 years, or if the suspension is for physical and/or mental disability, 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 and shall direct the driver to surrender their occupational license. No more than one occupational license under this policy shall be issued within any 12-month period.
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.
6. Calculated Points. For the purposes of this Policy 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 (½) 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.
7. Moving Violations. Those violations contained in 21 Del.C. Chapters 27, Chapter 41 and Chapter 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.
8. Advisory Letter. The Division will send an advisory letter to those drivers who accumulate 8 calculated points or when 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.
9. 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.
10. 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 them. The following issues are open to discussion:
• The driver may request an additional 90 days to complete a mandatory attendance at the “behavior modification/attitudinal driving course” or they 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.
• The driver can present evidence that the convictions on their driving record belong to another driver. If proven, the convictions will be removed.
• 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 be removed from the driving record.
• The Driver Improvement staff may require the driver to complete a medical or vision examination, pass a knowledge or skill test or restrict their driving privileges based upon the results of the interview.
• This policy regulation shall have no effect on the revocation actions, medical qualifications or requirements, or suspension action required by statue unrelated to this policy.
V. 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.
VI. 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).
Brian J. Bushweller, Secretary
Department of Public Safety
4/13/00
Michael D. Shahan, Director
Division of Motor Vehicles
4/11/00
Policy Regulation Number 90 Concerning:
Aggressive Drivers
I. 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.
II. Purpose
This policy regulation establishes administrative procedures used to administer the aggressive driver program as outlined in 21 Del.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 of 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.
III. Duties and Responsibilities
A. Duties and Responsibilities of the Division of Motor Vehicles.
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.
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. 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.
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.
5. The Driver Improvement Section will notify the court when the aggressive driver completes the required training course.
B. Duties and Responsibilities of the Office of Highway Safety.
The Office of Highway Safety is responsible for organizing and managing the Aggressive Driver
Committee.
IV. Aggressive Driving Committee
A. 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.
1. Chairman, Director of the Office of Highway Safety,
2. Chief of Driver Services,
3. Driver Improvement Manager or Assistant Manager,
4. Representative from the Office of Highway Safety,
5. Division of Motor Vehicle Training Officer.
B. Duties. The Committee shall:
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:
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.
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. 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.
5. Annually certify approved course providers and individual instructors when the course provider/instructor continues to meet the requirements of this Regulation; and
6. Conduct any other activity reasonably related to the furtherance of its duties.
[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.]
V. Provider Certification Requirements
A. 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:
1. Provide the course curriculum and any handouts, texts and other material used in the course.
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).
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.
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. 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.
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.
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.
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.
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.
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.
11. Supply students who complete the behavior modification/attitudinal driving course with a certification of completion that includes, at a minimum:
a. The student’s name, date of birth, driver license number and address, and
b. The date of the class, the name of the provider, title of the course completed and the course sponsor’s authorized signature.
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.
13. Provide in-service training or other training session for all instructors, regarding behavior modification/attitudinal driving courses.
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.
VI. Basic Instructor Requirements
A. Each instructor shall:
1. Be at least 18 years of age;
2. Be a high school graduate or have a G.E.D.;
3. Hold a valid driver’s license with no more than 6 points, no suspensions or revocations in the past two years; and
4. Have 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.
VII. Course and Instructor Re-certification Procedures
A. Annually the provider shall:
1. Submit evidence that their instructors have taught the certified course a minimum of 8 hours in the previous calendar year;
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
3. Certify that the instructors continue to meet the instructor requirements as outlined in this Regulation.
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.
VIII. De-Certification, Suspension and Probationary Status
A. 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 finding 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.
B. 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.
C. 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.
D. Course providers/instructors may be de-certified, suspended or placed on probation for the following:
1. Submitting false information in or with the Application for Certification/re-certification;
2. Falsification of, or failure to keep and provide adequate student records and information as required herein;
3. Evidence that the course is not effective in changing the driving behavior of those problem drivers who complete the course;
4. Falsification of, or failure to keep and provide adequate financial records and documents as required; and
5. Failure of any provider or instructor to comply with the standards set forth in this Regulation.
IX. APPEAL PROCEDURES
A. 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.
B. The appeal shall be addressed to the Committee, citing the reasons for the request, and accompanied by any other relevant substantiating information.
C. The Committee shall conduct all hearings pursuant to Title 29, Chapter 101 of the Delaware Code.
Brian J. Bushweller, Secretary
Department of Public Safety
4/13/00
Michael D. Shahan, Director
Division of Motor Vehicles
4/11/00