AN ACT TO AMEND CHAPTER 26, TITLE 21 OF THE DELAWARE CODE RELATING TO THE UNIFORM COMMERCIAL DRIVERS LICENSE ACT.

This Act brings the State in compliance with the federal regulation published by FMCSA on October 7, 2021, to establish a national drug and alcohol clearinghouse as mandated by the Moving Ahead for Progress in the 21st Century Act (MAP-21). This act established requirements for Division access to and use of driver-specific drug and alcohol program violation information contained in the Drug and Alcohol Clearinghouse. The Act prohibits the Division from issuing, renewing, upgrading, or transferring a commercial driver license (CDL) or commercial learner’s permit (CLP), as applicable, for any individual prohibited under FMCSA regulations from driving a commercial motor vehicle (CMV), due to one or more drug and alcohol program violations. In addition, the Division must, upon notification that a driver is prohibited from operating a CMV due to a drug and alcohol program violation, initiate the downgrade process to remove the CLP or CDL privilege from the driver’s license within 60 days. This Federal requirement must be enacted by states by November 18, 2024.