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DE SB235
Bill
Status
6/30/2024
Primary Sponsor
Stephanie Hansen
Click for details
AI Summary
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Adds "Drug and Alcohol Clearinghouse" definition to Delaware Code as a secure online database providing real-time information about CDL holder drug and alcohol violations to employers, FMCSA, and state agencies.
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Prohibits the Division from issuing, renewing, upgrading, or transferring a CDL or CLP if the applicant is subject to a CMV driving prohibition due to drug and alcohol program violations under 49 C.F.R. part 382.
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Requires the Division to query the Drug and Alcohol Clearinghouse before issuing or renewing a CDL or CLP and deny issuance if the driver is prohibited from operating a commercial motor vehicle.
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Mandates the Division downgrade a CDL or CLP by removing commercial privileges within 60 days of receiving FMCSA notification that a driver is prohibited due to drug and alcohol violations.
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Establishes reinstatement procedures: drivers become eligible within 10 calendar days if FMCSA notifies the state the prohibition is lifted, and within 5 business days if an erroneous prohibition is corrected with records expunged.
Legislative Description
An Act To Amend Chapter 26, Title 21 Of The Delaware Code Relating To The Uniform Commercial Drivers License Act.
Last Action
Signed by Governor
6/30/2024