Delaware Administrative Code
Title 2 - Transportation
1000 - Department of Safety and Homeland Security
1200 - Office of Highway Safety
1202 - Aggressive Drivers (Formerly Reg. No. 90)
Section 1202-3.0 - Duties and Responsibilities
Universal Citation: 2 DE Admin Code 1202-3.0
Current through Register Vol. 28, No. 3, September 1, 2024
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.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.