2 Del. Admin. Code § 2217-4.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2217-4.0 - Delaware Driver Licenses and Identification Cards

4.1 Application document.

4.1.1 Every application for a Delaware compliant and non-compliant driver license or identification card shall be made on an application furnished by the Delaware Department of Transportation. The original application shall be verified by the applicant before a person authorized by the division to administer oaths. Employees who are specifically trained and assigned duties to issue state identification documents are hereby designated as being able to administer oaths under this section. The applicant will certify on the application if he holds a compliant or non-compliant driver license or identification card in this or any other state. By doing so, the applicant acknowledges the surrender and/or cancellation of all compliant or non-compliant identification documents in any other state. The original application will be electronically scanned and stored.

4.2 Delaware Identification Documents.

4.2.1 When Delaware self certifies to the DHS, and the DHS determines that Delaware has met the requirements of 6 CFR 37 or its equivalent as amended from time to time, the division may issue Delaware compliant identification documents, which will be accepted by federal agencies for official purposes.

4.2.2 Unless otherwise specified, identification documents issued in accordance with this regulation shall be considered compliant identification documents and shall be accepted by federal agencies for official purposes.

4.2.2.1 To be considered eligible for a compliant identification document, the division must reverify, scan, and electronically retain all original source documents of current Delaware driver license and identification card holders upon renewal or reissuance of that person's identification documents.

4.2.2.2 Unless otherwise specified, once verified, scanned, and electronically retained, a compliant identification document holder will not be required to again present the division with the original source document except in cases where a material change occurs or when an applicant's lawful status must be verified.

4.2.3 It will be clearly indicated on the face of the identification documents and in the machine readable zone that the license is either a Delaware compliant or non-compliant driver license, temporary driver license, identification card, temporary identification card or limited-term driver license.

4.3 Non-Compliant Driver Licenses and Identification Cards.

4.3.1 Non-compliant driver licenses and identification cards will clearly state on their faces and in the machine readable zones that the card is not acceptable for official purposes.

4.3.2 The division may issue non-compliant identification documents and non- compliant temporary or limited-term identification documents in lieu of Delaware compliant documents to persons who:

4.3.2.1 Are citizens of the United States, aliens with permanent resident status, or aliens with acceptable proof of lawful status in accordance with 2 DE Admin. Code 2220 who want to operate a motor vehicle or have a state-issued identification card, but who do not need or want a Delaware compliant identification document to enter federal facilities, board federally-regulated commercial aircraft, or enter nuclear power plants;

4.3.2.2 Are unable to present an authorized source document and must rely upon alternative documents, when approved by the Driver Services Manager, Chief of Driver Services, Deputy Director or Director, to establish a person's name, date of birth, principle residence address, SSN or use alternative documents to demonstrate U.S. citizenship or lawful presence.

4.3.2.3 Have lawful status in the United States, but:

4.3.2.3.1 Are ineligible for a SSN because of their immigration status;

4.3.2.3.2 Are able to provide a temporary residential address (such as a motel or homeless shelter) but do not have a principal residence address in this State (reference Section 8.0);

4.3.2.3.3 Are able to provide documentation confirming their SSN and/or lawful status, but the division is temporarily unable to electronically verify this data.

4.4 Temporary or Limited-Term Documents.

4.4.1 The division shall issue a temporary or limited-term compliant driver license or identification card, or temporary or limited-term non-compliant driver license or identification card to those persons who have temporary lawful status in the United States in accordance with 2 DE Admin. Code 2220 and 21 Del.C. §§ 2715 (a) and 3103(a). Before issuing or renewing these limited term documents, the applicant must provide valid documentary evidence, verifiable through SAVE or other DHS-approved means, that the person has lawful status in the United States. These documents may not be issued for a time period longer than the expiration of the applicant's authorized stay in the United States, or if there is no expiration date, for a period no longer than one year or no longer than the maximum term of a driver license or identification card, whichever date is less. Temporary or limited term identification documents must clearly indicate on their faces and in the machine readable zone that they are temporary or limited-term driver licenses or identification cards.

4.5 Renewal of Delaware Driver Licenses and Identification Cards.

4.5.1 Delaware compliant and non-compliant driver licenses will be renewed in person every eight years and identification cards will be renewed in person every four years in accordance with 21 Del.C. §§ 2715 and 3103, unless they are designated as temporary or limited-term documents, or contain a hazardous materials endorsement.

4.5.2 Delaware compliant identification documents must be renewed in person unless otherwise specified in subsections 4.5 .4 and 8.2.1 of this regulation.

4.5.3 Holders of temporary or limited-term Delaware compliant or non-compliant driver licenses and identification cards must present evidence of continued lawful status and have their lawful status verified via SAVE or other methods approved by the DHS when renewing their driver licenses or identification cards. The documents must be set to expire when the individual's lawful status expires.

4.5.4 The division may allow a remote renewal but must ensure the Social Security number (SSN) and lawful status is verified before renewing. However, a remote renewal is prohibited when there is a material change in any personally identifiable information. The applicant must have his identification document reissued in person and present a source document that is retained and verified when material changes occur.

4.6 Reissued Driver Licenses and Identification Cards.

4.6.1 Delaware compliant and non-compliant driver licenses will be reissued in accordance with 21 Del.C. §§ 2720 and 3105.

4.6.2 Delaware compliant and non-compliant identification documents must be reissued in person unless otherwise specified in subsections 4.6 .3 and 8.2.1 of this regulation.

4.6.3 The division may allow a remote renewal but must ensure the social security number (SSN) and lawful status is verified before reissuance. However, a remote issuance is prohibited when there is a material change in any personally identifiable information. The applicant must reissue in person and present an original source document that is retained and verified when material changes occur.

4.6.4 All compliant and/or non-compliant identification documents issued in other states will be cancelled at the time of reissue.

2 Del. Admin. Code § 2217-4.0

20 DE Reg. 830 (4/1/2017) (Final)