2 Del. Admin. Code § 2213-5.0

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

Section 2213-5.0 - Substance of Regulation

5.1 Non-CDL Issued to Farmers

5.1.1 Those persons who operate farm vehicles may be issued a non-CDL provided they hold a valid Delaware driver license, are at least 18 years of age, have one year driving experience, pay the appropriate license upgrade fee, and meet the requirements of this regulation.

5.1.2 Those applying for a non-CDL for farming purposes must pass the non-CDL general knowledge test and a road test in a representative farm vehicle. Pre-trip and skills tests are not required. Either a non-CDL Class A or non-CDL Class B will be issued based upon the vehicle classification type used for the road test.

5.1.3 Out-of-state non-CDLs are not transferable into this State as a non-CDL, since the requirements for a non-CDL vary between jurisdictions. An out-of-state non-CDL may be transferred as a Class D operator's license.

5.1.4 Motorcycle and taxicab endorsements may be recorded on a non-CDL, but commercial motor vehicle endorsements (endorsement codes H, N, P, Q, R, S, T, and X) will not be used in conjunction with the non-CDL.

5.1.5 The division may not issue a permanent non-CDL. If the driver holds a permanent Class D license at the time of non-CDL issuance, the driver will be required to surrender the permanent Class D license. A permanent Class D license will not be reissued if the driver's non-CDL is surrendered or downgraded.

5.2 Emergency Vehicle Operator (EVO) Cards

5.2.1 Those persons operating fire fighting equipment, ambulances, and other emergency vehicles as defined by 21 Del.C. § 4106 (e) in this State must pass a training course conducted by the Delaware Fire School before operating emergency response equipment. When the training is successfully completed, the fire school will issue a Certified Emergency Vehicle Operator Certificate. This certificate must be presented to the Division of Motor Vehicles (DMV) with all required signatures. DMV will then issue an Emergency Vehicle Operator (EVO) card after collecting a $5.00 fee for the EVO card.

5.2.2 DMV personnel must type in the information displayed on the EVO card and take the applicant's picture every time an EVO card is issued.

5.2.3 The DMV does not maintain an EVO database. This means the DMV does not know who was previously issued an EVO card nor does the DMV track who is currently authorized to have an EVO card because the EVO program is managed and controlled by the local fire companies and the Delaware State Fire School. Replacement cards for an old or damaged EVO card will be issued for no fee when the old or damaged card is presented to be exchanged. There is no expiration date for the EVO card.

5.3 Non-CDL issued to Fire fighters

5.3.1 The Delaware Fire School issues a Certified Emergency Vehicle Operator Certificate. This certificate when signed by the chief officer and director of the Delaware State Fire School indicates that the applicant has completed the training needed to safely operate fire fighting equipment. Upon presentation of this certificate to the DMV, the applicant will be issued an EVO card and non-CDL.

5.3.2 Those persons who operate fire fighting equipment may be issued a non-CDL provided they hold a valid Delaware driver license, are at least 18 years of age, have one year of driving experience, and meet the requirements of this regulation. A fee will not be charged for a person upgrading to a non-CDL issued under the fire fighter waiver provision.

5.3.3 The local fire chief is responsible for training and testing those who operate fire fighting equipment. Therefore, the DMV will not test fire fighting equipment operators. A non-CDL Class A or non-CDL Class B license will be issued based upon the fire fighting equipment being driven by the applicant.

5.3.4 Out-of-state non-CDLs are not transferable into this State as a non-CDL since the requirements for the non-CDL vary between jurisdictions. An out-of-state non-CDL may be transferred as a Class D operator's license.

5.3.5 Motorcycle and taxicab endorsements may be recorded on a non-CDL, but commercial motor vehicle endorsements (endorsement codes H, N, P, Q, R, T, X and S) will not be used in conjunction with the non-CDL.

5.3.6 The DMV may not issue a permanent non-CDL. If the driver holds a permanent Class D license at the time of non-CDL issuance, the driver will be required to surrender the permanent license. A permanent Class D license will not be reissued if the driver's non-CDL is surrendered or downgraded.

2 Del. Admin. Code § 2213-5.0