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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2015

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18 DE Admin. Code 607
Proposed Amended Regulation 607 relating to Defensive Driving Course Discount (Automobiles and Motorcycles) [Formerly Regulation 37] was published in the Delaware Register of Regulations on January 1, 2015. The comment period remained open until January 30, 2015. There was no public hearing on proposed amended Regulation 607. Public notice of the proposed amended Regulation 607 was published in the Register of Regulations in conformity with Delaware law.
1. 18 Del.C. §§311 and 2503 of the Insurance Code requires a regulation to set forth rules and procedural requirements which the Commissioner deems necessary to carry out the provisions of the Code.
Based on the provisions of 18 Del.C. §§311 and 2503, and of 29 Del.C. Ch. 101, and the record in this docket, I hereby adopt proposed amended Regulation 607 as may more fully and at large appear in the version attached hereto to be effective 10 days after being published as final.
The text of proposed Regulation 607 last appeared in the Register of Regulations Vol. 18, Issue 7, pages 519-525.
IT IS SO ORDERED this 16th day of February, 2015.
607 Defensive Driving Motor Vehicle Accident Prevention Course Discount (Automobiles and Motorcycles)
The purpose of this Regulation is to provide a discount applicable to total premiums for persons who voluntarily attend and complete a Defensive Driving Motor Vehicle Accident Prevention Course and to provide criteria for Defensive Driving Courses, Providers and Instructors. This Regulation is adopted pursuant to 18 Del.C. §314 311, and 18 Del.C. §2503 and promulgated in accordance with the procedures specified in the Administrative Procedures Act, 29 Del.C. Ch. 101.
Classroom courses for the purpose of this regulation means a defensive driving program conducted with students and instructors in a location common to all. These courses may include the use of audio or visual aides or materials.
Department means the Delaware Insurance Department.
Division” means the Delaware Division of Motor Vehicles.
Motor Vehicle Accident Prevention Course” means approved courses referred to as defensive driving courses.
On-line courses for the purpose of this regulation 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.
Providersmeans corporate sponsor for any course as well as the individual who signs the application for the course.
A Defensive Driving Motor Vehicle Accident Prevention Course Discount shall be applied to the total premiums for bodily injury liability coverage, property damage liability coverage, and personal injury protection coverage provided:
3.2 The driver who customarily operates the automobile, motor home, or motorcycle has a certificate certifying voluntary attendance and successful completion within the last 36 months from the date of application of a motor vehicle accident prevention course or motorcycle rider course, as appropriate, which is approved by the Department Division. The presentation of a course-completion certificate (whether for an initial or refresher course) shall constitute conclusive evidence of satisfaction of the requirements of this regulation for purposes of receiving the discount; and insurance carriers may not demand or require any other form of documentation or prior course completion certificates in order to apply the applicable discount required by this regulation.
4.2 An insured who has received a defensive driving motor vehicle accident prevention discount as outlined in section 4.1 above may take, and must then complete, a refresher defensive driving motor vehicle accident prevention course. An insured who completes a refresher course within the ninety one hundred and eighty days prior to the three year expiration date shall receive a 15% discount effective the next renewal date. An insured who completes the refresher course after the expiration of the three year period shall lose the 10% or 15% discount on the expiration date, but shall receive the 15% discount effective on the date of completion of the refresher course, if said completion is within two years of the expiration date.
5.1 The discount may be applied as a multiplier or on an additive basis compatible with the rating system in use by the company.
6.2 On-line courses shall provide free site access to the Department for purposes of verification of compliance. Department Defensive Driving personnel shall have access to audit classroom courses at no cost, but with no credit. The course materials for each defensive driving course shall include, at a minimum, the following:
6.2.1 Information provided within the course will include, at a minimum, State of Delaware traffic laws, defensive driving and collision prevention techniques/theory.
6.2.2 A discussion of vehicle safety devices, including the requirement for and use of seat belts, child restraint devices and their proper use and relationship to a child’s age and size, including the correct placement of a child in a vehicle. Vehicle air bag systems with special attention to proper passenger seating and proper use of anti-lock braking systems and how they compare to standard braking systems;
6.2.3 A discussion of driving situations as they relate to the condition of the driver, driver characteristics, use of alcohol and legal/illegal drugs, including a discussion of Delaware law on drinking and driving and the use of drugs, as well as Delaware “Zero Tolerance” for drivers under 21;
6.2.4 A discussion of the factors affecting driving and how they pertain to driving defensively, including, but not limited to:
6.2.4.1 The condition of the driver, the vehicle, the road, sun glare, weather, such as rain, fog, sleet, hail and snow, and lighting;
6.2.4.2 Distractions such as use of cellular telephones while driving, adjusting radios, audio and video tapes and compact discs, and DVDs, talking with a passenger, reading, eating, billboards, and other roadside distractions;
6.2.5 A discussion, including specific requirements of Delaware law where applicable, of pertinent driving situations, including stopping distances, proper following distances, proper intersection driving, roundabouts, stopping at railroad crossings, right-of-way and traffic devices, pavement line markings, blind spots, as well as situations involving passing and being passed and head-on collisions; and
6.2.6 Consideration of the hazards and techniques of various driving situations such, as but not limited to, city, highway, expressway and rural driving, proper use of exit and entrance ramps, driving in parking lots.
6.2.7 A discussion of aggressive driving including but not limited to identifying an aggressive driver and providing appropriate defensive driving techniques. Discussion shall also include how to identify oneself as an aggressive driver and the appropriate manner to respond.
6.3 Require instructors in classroom courses to present information in a manner consistent with the approved curriculum and otherwise in accordance with the standards set forth herein.
6.5 Require that each student receives a minimum of six hours of classroom or on-line time for the initial course and three hours of classroom or on-line time for the renewal courses. Each classroom hour shall consist of not less than an average of 50 minutes of instructional time devoted to the presentation of course curriculum. Online courses shall be structured to provide the same learning time as required for classroom and shall submit to the Department any materials necessary to demonstrate their ability to comply with the minimum time requirement set forth in this section. A minimum of three hours must be devoted to the requirements in 6.1 through 6.2.14.
6.7 Require its instructors in classroom courses to be in the classroom with the students during any and all periods of instructional time.
6.8 Require instructors in classroom courses to maintain an atmosphere appropriate for class-work.
6.10 Supply students who complete a defensive driving course and who have presented a valid Delaware driver’s license and/or government issued photo identification with a certificate of completion that includes, at a minimum, the name of the student, the date of the class, the name of the defensive driving course provider, with contact information and the course sponsor’s authorized signature.
6.10.1 All online courses shall be required to obtain the student’s driver’s license number as part of the student identification information prior to permitting the student access to the course materials and have each student complete an online affidavit with a verification that they are the person who took the course and who is receiving the completion certificate and credit and that they understand that making a false unsworn falsification is a violation of 11 Del.C. §1233 of the Delaware Crimes Code, subjecting a violator to fine, imprisonment, or both.
6.12 Notify the Division of Motor Vehicles of each student’s successful completion of the course in the manner and form required by the Division. Said notification shall be made within fourteen days of the student's course completion.
8.1 Basic Requirements. Each instructor shall:
8.1.1 Be a licensed driver for a minimum of thirty-six months;
8.1.2 Be a high school graduate or have a G.E.D.;
8.1.3 Provide a certified copy of his or her driving record showing he or she holds a valid driver’s license with no more than four (4) points, no suspensions or revocations in the past two years; and
8.1.4 Have no felony convictions during the past four years and no criminal convictions evidencing moral turpitude. The Department may require a criminal history background check of all applicants for an instructor’s certification.
8.2.1 Submit evidence that he or she has taught the certified course a minimum of 12 hours the previous calendar year;
8.2.2 Submit evidence that he or she attended an in-service update training seminar, or other training session, as provided by, or specified by, a certified defensive driving course sponsor; and
8.2.3 Submit a form as prescribed by the Department certifying that he or she continues to meet the requirements of an instructor as outlined in this Regulation.
8.2.4 Submit a certified copy of his or her driving record.
8.3 The above-described submissions shall be filed not later than three months prior to the expiration date of the then-current certification. Instructors whose certification have expired shall not instruct any courses until they have been recertified.
106.0 Effective Date
This regulation shall become effective on January 1, 2010 for providers approved prior to September 1, 2009. All courses applying for approval after September 1, 2009 shall meet the requirements of this regulation prior to approval. This regulation shall become effective on the 11th day of March, 2015.
Last Updated: December 31 1969 19:00:00.
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