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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2013

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Statutory Authority: 21 Delaware Code §302, §2708, §2709 (21 Del.C. §302, §2708, §2709)
2 DE Admin. Code 2222
The proposed regulation was publish ed in the Delaware Register of Regulations on October 1, 2012. The comment period remained open until November 30, 201 2. There was no public hearing on proposed Regulation 2222.
Summary of the Evidence and Information Submitted
Decision and Effective Date
Based on the provisions of 21 Del.C. §302, §2708, §2709, and the record in this docket, l hereby adopt revised Administrative Code 2222 and as may more fully and at large appear in the version attached hereto to be effective on March 10, 2013.
IT IS SO ORDERED THIS day of January, 2013.
The authority to promulgate this regulation is 21 Del.C. §302, 21 Del.C. §2708, 21 Del.C. §2709[, 21 Del.C. §4362, 21 Del.C. §4363, and 21 Del.C. §4364].
This regulation interprets §2708 and §2709 of Title 21 of the Delaware Code.
“Air Brake Restriction” means a restriction that prohibits the CDL holder from operating a school bus (or any commercial motor vehicle) which is equipped with air brakes. The CDL will be marked with an “L”.
“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.
“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:
“Green Card” means a card issued by the district/school transportation supervisor that certifies satisfactory completion of an annual 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.
““P” Endorsement” means an endorsement that authorizes a driver to transport passengers in all classes of commercial motor vehicles.
““Q” Endorsement” means an endorsement that authorizes a driver to transport passengers in only Class B and Class C commercial motor vehicles.
““R” Endorsement” means an endorsement that authorizes a driver to transport passengers in only Class C commercial motor vehicles.
““S” Endorsement” means an endorsement that indicates the CDL holder meets the requirements of 21 Del.C. §2708 and this regulation and is authorized to operate a school bus. The CDL must also display a passenger (P, Q or R) endorsement to specify the class of commercial vehicle the driver may operate when transporting passengers.
“School Bus” [as specified by 21 Del.C. §2603(29)] means [every motor vehicle which has the words “School Bus” displayed on the front and rear of the vehicle as specified in 21 Del.C. §4362(a) and which is painted the uniform color “national school bus chrome yellow” as specified in 21 Del.C. §4363(a), which is equipped with flashing lamps as specified in 21 Del.C. §4364(a), which meets the minimum size requirements as specified in 21 Del.C. §4363(b), and which meets other regulations as required by the Department of Transportation (DOT) and the Department of Education 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 (b)(3). 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.
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 6 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 without a CDSBDT, 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 (5.1.2.10 of this regulation) indicating that the required training has been completed. The DMV will forward the Yellow Cards to DOE.
5.1.2.4 Pass the school bus knowledge test administered by the DMV containing specific content as required by 49 C.F.R. 383.123(a)(2).
5.1.2.5 Pass a road test in a school bus administered by the DMV as required by 49 C.F.R.383.123 (a)(3).
5.1.2.8.1 Prior to being issued a S endorsement applicants must complete a Federal Bureau of Investigation and a State Bureau of Investigation criminal history 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 5.1.2.8 above.
5.1.2.8.2 Questionable cCriminal history background checks reports will be reviewed by the Department of Transportation’s (DOT) Deputy Attorney General. The DOT Deputy Attorney General will forward the questionable criminal history background check reports, with issuance recommendation, to the DMV.
5.1.2.8.3 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 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 school bus (S) endorsement is issued. The DMV will forward the Yellow Cards to DOE.
5.1.2.11.1 Transferring S endorsement holders shall provide a five year motor vehicle driving record from their previous jurisdiction or jurisdictions to the DMV. The DMV will electronically check 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 5.1.2.6 and 5.1.2.7.
5.1.2.12 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 60 days of leaving the State without having to complete the requirements as outlined in 5.1.2 of this regulation.
5.1.3.1 All school bus (S) endorsement removals, except those under 5.1.3.8 below, will be approved by the Chief of Driver Services, the CDL Program Manager or the CDL Management Analyst.
5.1.3.2 The school bus (S) endorsement will be removed when driving privileges are withdrawn for any reason.
5.1.3.3 The school bus (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 school bus (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 school bus (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 school bus (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 a school bus 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 school bus (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.
5.1.4 School Bus Endorsement Reinstatement: An school bus (S) endorsement, once removed, may be reinstated if all other licensing requirements are met. If the school bus (S) endorsement is withdrawn for one year or more, then the driver will need to retake all DMV school bus 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 school bus 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.
5.1.4.23 If the school bus (S) endorsement was removed due to a suspension, revocation or disqualification for moving violations, the driver shall be eligible to reapply for the school bus (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.
5.1.4.34 If the school bus (S) endorsement was removed due to a medical reason, the driver may be eligible for reinstatement once approved by the DMV.
5.1.4.45 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 5.1.2 of this regulation, if the downgrade has been over one (1) year, including providing a new School Bus Driver’s Certificate (Yellow Card).
5.1.4.56 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 school bus (S) endorsement or reinstatement regardless of the amount of time since the conviction.
5.1.4.67 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 school bus (S) endorsement. The DMV may seek the guidance of the DOT Deputy Attorney General guidance/clarification in these situations.
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 school bus (S) endorsement and notification to the driver and the DOE. Although not a prerequisite to a suspension, revocation or removal of an endorsement or a license, the DMV will attempt to send warning letters to S endorsement holder’s. with cCopies of such letters being 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 school bus (S) endorsement.
5.2.3 Drivers moving to Delaware and requesting an school bus (S) endorsement shall provide to the DMV a copy of their driving records 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.
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) or October 1, 2008, whichever is later.
Last Updated: December 31 1969 19:00:00.
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