2 Del. Admin. Code § 2218-9.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 2218-9.0 - CDTS Instructor Licenses

9.1 Each instructor of a Commercial Driver Training School or a Commercial Truck Driver School or branch shall:

9.1.1 Be a citizen of the United States;

9.1.2 Be of good moral character and sound mind;

9.1.3 Be at least 18 years of age and hold a valid driver's license;

9.1.4 Have vision in both eyes, with a minimum of 20/40 corrected vision in both eyes.

9.1.5 Not have had a revocation or suspension of his/her driver's license in the two (2) years preceding the date of application;

9.1.6 Not have had convictions for moving violations totaling eight (8) or more points in the three (3) years preceding the date of application;

9.1.6.1 No "driving while under the influence of liquor or drugs" convictions during the preceding five (5) years.

9.1.6.2 No entries of "TRIAL WAIVER" (4177B) during the preceding five (5) years.

9.1.7 Have graduated from high school or hold a high school equivalency certificate.

9.1.8 Have both legs and arms, except that this requirement may be waived in any individual case in the discretion of the Director, and a certificate issued subject to any reasonable restrictions.

9.1.9 Must furnish a certified abstract of a driving record to this Division for all holders of out-of-state driver licenses. No application or renewal shall be accepted without such certificate.

9.1.10 In the case of a Commercial Driver Training School, have completed a two semester-hour, college credit preparatory course for teachers or an equivalent course approved by the Director.

9.1.11 In the case of a Commercial Truck Driver Training School, have evidence of United States Department of Transportation certification and qualify by experience or training, or both, to instruct students in the safe operation of truck-tractor trailer combination units.

9.2 No school shall knowingly employ any person as an instructor or in any other capacity whatsoever, who has been convicted of a felony or any crime or improper conduct, involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude.

9.3 Unless otherwise specifically authorized by these regulations, no person, including the owner, operator, partner or any officer of the licensee, shall give instructions for hire in the operation of motor vehicles unless such person is the holder of a current instructor's certificate issued for such purpose by the Director. Such certificate is to be valid for use only in connection with the business of the driver training school listed thereon. An (original) instructor's certificate may only be issued to or subject to renewal by an individual who can comply with all of the following qualifications:

9.4 Application Procedure

9.4.1 Applications for an instructor's license must be made by a person desiring such license on forms prescribed by the Division of Motor Vehicles and the school desiring to employ such person as an instructor must endorse its consent thereon.

9.4.2 License Fee

9.4.2.1 Every application for an original or renewal for an instructor's license must be accompanied by a fee of fifty dollars ($50.00) payable by certified check or money order. The fee shall be in no event refunded to the applicant or school.

9.4.3 Applicants for instructor's license will be required to submit one (1) photograph at least 1 1/2 X 1 1/2 in size taken not more than thirty (30) days prior to date of such application or renewal thereof, and also will be required to submit to fingerprinting (Standard Fingerprint Form FD-258), and may be subject to an investigation or required to submit additional information as the Director may prescribe.

9.4.4 Application for an original instructor's certificate must be accompanied by three (3) letters of reference from reputable members of the community who are not related to the applicant, attesting to moral character and to their opinion of his/her apparent teaching ability.

9.4.5 An applicant for an original instructor's certificate will be required to submit to special eye, written and road tests which will include a demonstration of ability to instruct and may be required to submit additional or other proof of his qualifications as an instructor.

9.4.6 An instructor's license shall be valid until the end of the calendar year (December 31) following the date of issuance. Any license lapsed for more than thirty (30) days shall be deemed permanently lapsed, and renewal of such a license shall be accomplished only through the same process as for an entirely new license, all forms and certifications being required.

9.4.7 Surrender of license - Any licensed instructor who ceases to give instruction for hire in the driving of motor vehicles for the school for which he/she is licensed shall surrender within ten (10) days, his/her instructor's license. The owner, partner, or corporate officer of the school shall be responsible for the return of said license to the Division upon termination of employment.

9.4.8 Any instructor who loses his certificate must report the loss thereof immediately, in writing, to the Division of Motor Vehicles and a duplicate will be issued for a fee of ten dollars ($10.00) to replace a lost current certificate.

9.4.9 The instructor's certificate must be carried by the instructor at all times while driving instructions are being given or when an instructor is accompanying an applicant for a license to the road test line in a motor vehicle or motorcycle.

9.4.10 The Director shall not issue an instructor's certificate to any person who is not employed by or associated with a drivers' school licensed by the Director.

9.4.11 Qualified and recognized experts in the field of driver training, traffic regulation or motor vehicles may give occasional classroom lectures without holding a valid instructor's certificate provided the drivers' school which secures the services of the expert notifies the Director thirty (30) days in advance, indicating the name, address and qualifications of the expert and the proposed lecture date.

9.4.12 Holders of instructors' certificates may be requested to attend a group session at which time the Division will brief applicants on any new changes in the regulations and laws or new training techniques, or it may inform them with printed materials through the mail. The applicants for a renewal of an instructor's certificate may also be required to submit to psycho-physical tests or to a test of their teaching ability. This will be done at the discretion of the Director based on the applicant's past record as an instructor.

9.4.13 If an instructor possessing a current instructor's certificate desires to be employed by an additional school or schools, or transfers employment to another school, he/she will be required to notify the Director in writing within ten (10) days of said employment.

2 Del. Admin. Code § 2218-9.0