Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2200 - Division of Motor Vehicles
Driver Services
2226 - Third Party Commercial Driver License Skills Testing
Section 2226-3.0 - Definitions

The following words and terms, when used in this regulation, shall have the following meaning:

"Agreement" means the total, recorded obligation between two parties. An agreement exists between State of Delaware agencies in the form of a Memorandum of Agreement or Memorandum of Understanding. An agreement between a private entity and a State agency, or between private entities, is additionally considered to be a Contract.

"Behind the wheel" or "BTW" means the part of the skills exam that takes place during the time the license applicant is seated in the driver position and controlling the vehicle's direction, speed, and other controls. This term is used as an adjective for logging and reporting information.

"Commercial Driver's License" or "CDL" means a license issued in accordance with the requirements of 21 Del.C. Ch. 26 to an individual which authorizes that individual to drive a certain class of commercial motor vehicle.

"Commercial Learner's Permit" means a driving credential issued by Delaware Division of Motor Vehicles pursuant to 21 Del.C. § 2608(d) to allow an individual to drive a commercial motor vehicle but only with another Commercial Driver Licensed driver.

"Commercial motor vehicle" or "CMV" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers (including school buses) or property if the motor vehicle has a gross combination weight rating of 26,001 pounds or more inclusive of towed unit or units with a gross vehicle weight rating (GVWR) of more than 10,000 pounds; has a GVWR of 26,001 pounds or more; is designed to transport 16 or more passengers, including the driver; or is of any size and is used in the transportation of hazardous materials.

"Contract" means the total obligation with a private entity creating mutual assent enforceable by law. The content of assent will address mutual acceptance, adequate consideration, capacity, and legality.

"Division" means Delaware Department of Transportation, Division of Motor Vehicles.

"Federal criminal background check" means the acquisition of federal criminal history record information for an individual, executed in accordance with 11 Del.C. § 8527 with Delaware Department of Transportation, Division of Motor Vehicles as the recipient agency.

"FMCSA" means the Federal Motor Carrier Safety Administration.

"Franchised" means an organization that has been granted a right or license to market a company's services in Delaware.

"Shadow drive" means additional practice in driver testing between the skills examiner's initial certification and the skills examiner's initial, unaccompanied applicant test. The shadow drive is accompanied by another, already-certified skills examiner.

"Skills Road Exam" or "SRE" means the three-part road test skills exam conducted in a manner approved by the Delaware Division of Motor Vehicles and as specified in 49 CFR § 383.110 -.135.

"State agency" means any office, department, board, commission, committee, court, school district, board of education, and all public bodies existing by virtue of an act of the General Assembly or of the Constitution of the State of Delaware, excepting only political subdivisions of the State, their agencies and other public agencies not specifically included in this definition which exist by virtue of state law, and whose jurisdiction is limited to a political subdivision of the State or to a portion thereof or extends beyond the boundaries of the State.

"Test pad" or "testing site" means a designated area included as part of the physical facilities where the skills examination is performed. It must consist of a paved, level surface suitable for heavy vehicles to move around safely.

"Third party skills test examiner" or "ST" means an individual employed by an approved third party testing organization who has met all the Delaware Division of Motor Vehicles requirements, has successfully met the third party testing organization training requirements per 49 CFR § 384.228, and is certified to administer the SRE.

"Third party testing organization" or "TPTO" means an organization licensed by the Delaware Division of Motor Vehicles to employ skills test examiners to administer the SRE as specified in 49 CFR § 383.110 -.135 for a Commercial Driver License.