(a)Testing. —(1)General. —No person may be issued a commercial driver license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts G and H, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the Division of Motor Vehicles.
(2)Third-party testing. —The Division of Motor Vehicles may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency or instrumentality of local government, to administer the skills test specified by this section, provided:
a. The test is the same which would otherwise be administered by the State; and
b. The third party has entered into an agreement with the State which complies with requirements of 49 C.F.R. § 383.75.
(3)Testing by State. —Only an agency of the State, as approved by the Division of Motor Vehicles, shall be permitted to administer the skills test specified by this chapter.
(b)Waiver of skills test. —The Division of Motor Vehicles may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R. § 383.77.
(c)Limitations on issuance of license. —(1) A commercial driver license or CLP may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person’s driver license is suspended, revoked, denied or cancelled in any state; nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all such licenses, which must be returned to the issuing state(s) for cancellation.
(2) The Division shall query the Drug and Alcohol Clearinghouse and deny the issuance, renewal, upgrade, or transfer of a CDL and the issuance, upgrade, or renewal of a CLP if the query indicates the driver is subject to the CMV driving prohibition due to a violation of 49 C.F.R. Part 382.
(d)Commercial learner permit (CLP). —(1) The issuance of a CLP is a precondition to the initial issuance of a CDL. A CLP may be issued to an individual who has satisfied all of the following requirements:
a. Is at least 18 years of age.
b. Holds a valid Delaware driver license.
c. Has passed the vision and written tests required for a CDL.
(2) The CLP may be issued for a period that does not exceed 1 year. Only 1 renewal or re-issuance may be granted within a 1-year period. The 1-year period begins with the issuance date of the original permit. The holder of a CLP may, unless otherwise disqualified, drive a commercial motor vehicle only when accompanied by the holder of a commercial driver license, valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle; provided that the CLP holder may not operate a commercial motor vehicle transporting hazardous materials as defined in § 2603 of this title.
(3) If for any reason the applicant fails to pass the required examinations during the 1-year period granted by the permit, the CLP is void and the $10 fee is forfeited.
(4) A CLP holder is not eligible to take the CDL pre-trip, skills or road test in the first 14 days after initial issuance of the CLP.
(5) A CLP holder is eligible to apply for a passenger, school bus, or tank endorsement while holding a CLP provided the written test is passed for each endorsement prior to the permit issuance. A CLP holder with a passenger or school bus endorsement is prohibited from carrying passengers or students. A CLP holder with a tank endorsement may only operate an empty tank vehicle. All other endorsements as defined by 49 C.F.R. § 383.153 are prohibited on a CLP.
(6) The issuance of a CLP is a precondition to the upgrade of a CDL if the upgrade requires a skills test.
(7)Content of CLP. —The commercial learner permit must be marked “Commercial Learner Permit” or “CLP” and must be, to the maximum extent possible, tamperproof. The CLP must include, but not be limited to, the following information:
a. The name and residential address of the person;
b. The person’s photograph;
c. A physical description of the person including sex, height, weight, and eye color;
d. Date of birth;
e. Any unique number or identifier deemed appropriate by the Division of Motor Vehicles;
f. The person’s signature;
g. The class or type of commercial motor vehicle(s) which the person is authorized to drive together with any endorsements or restrictions;
h. The name of this State;
i. The issue date of the current license; and
j. The expiration date of the current license.
(8)CLP restrictions. —a. “P” — Restricts the driver from operating CMV with passengers.
b. “X” — Restricts the driver from operating tank vehicle with cargo.
c. “L” — Restricts the driver from operating a vehicle with airbrakes.
d. “V” — Restricts the driver from operating a CMV without a valid medical variance issued by the Federal Motor Carrier Safety Administration.
e. “M” — Restricts the driver from operating a Class A passenger vehicle.
f. “N” — Restricts the driver from operating a Class A or B passenger vehicle.
g. “K” — Restricts the driver from operating a CMV out of the State of Delaware.