2 Del. Admin. Code § 1202-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1202-3.0 - 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.

2 Del. Admin. Code § 1202-3.0