Current through Register Vol. 28, No. 3, September 1, 2024
In the event of a suspension of a driver's license
pursuant to the provisions of 21 Del. C. Section
2118, the suspended person may be
issued an Occupational License during the mandatory period of suspension. The
applicant is eligible to apply provided:
4.1 The applicant was not involved in an
accident at the time of the incident in which property damage or personal
injury occurred
4.2 The applicant
has not been issued an occupational license during the immediate past 12
months. (Not to include conditional licenses issued under 21
Del.C.
§
4177 (E), §
4177(K), or 16
Del.C.
§
4764 Drug Diversion.)
4.3 The applicant is not under suspension or
revocation of his/her driving privileges for another reason at time of
application that would preclude the issuance of driving authority.
4.4 All valid Delaware licenses are turned in
to the Division.
4.5 The applicant
states on the application that the loss of license would create an extreme
hardship which shall be defined as:
4.5.1 Loss
of meaningful employment opportunity;
4.5.2 Loss of a school opportunity;
or
4.5.3 An urgent need by the
applicant or within the family, which is critical to the family's health or
welfare, and no other family members are capable of satisfying such urgent
need. This includes; medical facilities, child, or adult care
facilities.
4.6 An
occupational license issued pursuant to this regulation shall reflect limited
driving authority to drive for the above state reasons only. The occupational
license shall be issued for the duration of the suspension period or the
expiration of the license whichever is greater. The applicant may choose to
renew the license prior to issuance of the occupational license or may complete
the renewal process at a later time.
4.7 In order to apply for an occupational
license, applicant must provide the following:
4.7.1 Employment
4.7.1.1 Proof of insurance on all vehicles
registered in the name of the applicant and/or spouse, or the name of another,
and/or on company-owned vehicles. (See Proof of Insurance).
4.7.1.2 If self employed, a copy of the
applicant's business license must be provided and the copy remain on file with
the application.
4.7.1.3 If driving
vehicles owned by the employer, a statement from the employer stating:
4.7.1.3.1 Applicant is employed with the
company.
4.7.1.3.2 Applicant's work
days and hours.
4.7.1.3.3 If
applicant needs to drive for employment-related duties.
4.7.1.3.4 Applicant will be driving company
owned vehicles. (Please identify the vehicles).
4.7.1.3.5 If applicant will be driving a
personal or other vehicle in addition to the company vehicle for these
duties.
4.7.2
Attending School
4.7.2.1 Documentation on the
application stating the name, address, and phone number of the facility.
4.7.2.1.1 Days and hours applicant is
scheduled for classes; and
4.7.2.1.2 Loss of school opportunity if
applicant is not granted authority to drive.
4.7.2.2 Proof of insurance on all vehicles
registered in the name of the applicant and/or spouse, or the name of another,
and/or on company-owned vehicles. (See Proof of Insurance)
4.7.3 Child or Adult Care Requests
4.7.3.1 Documentation on the application
stating the name, address, and phone number of the facility.
4.7.3.2 Proof of insurance on all vehicles
registered in the name of the applicant and/or spouse, or the name of another,
and/or on company owned vehicles. (See Proof of Insurance)
4.7.4 Medical Requests
4.7.4.1 A statement on the application that
no other means of transportation is available
4.7.4.2 Documentation on the application
stating the name, address, and phone number of the physician or medical
facility.
4.7.4.3 Proof of
insurance on all vehicles registered in the name of the applicant and/or
spouse, or the name of another, and/or on company-owned vehicles. (See Proof of
Insurance)
4.7.5 Proof of
Insurance
4.7.5.1 Privately-Owned Vehicles
4.7.5.1.1 Applicant's vehicles and/or
vehicles where applicant's name is on the policy a valid insurance ID card must
be shown.
4.7.5.1.2 Vehicle owned
by the applicant's spouse and/or other vehicles personally owned by another
individual must submit a valid insurance ID card.
4.7.5.2 Employers/Company-Owned Vehicles
4.7.5.2.1 Applicants requiring the privilege
to drive their employer's vehicles for occupational purposes must present the
employer's insurance ID or fleet ID card for proof of insurance.
4.7.5.2.2 If the business is privately owned
and the insurance is issued under the employer's personal policy, the applicant
must provide a valid insurance ID card.
4.7.6 Proof of Insurance that is not
acceptable
4.7.6.1 Faxed copies of insurance
documents unless faxed directly to the Division
office
