(a) A Class D temporary instruction permit may be issued to a person age 18 years or older. A temporary permit shall entitle the applicant to drive during a 6-month period only when the applicant is accompanied by a licensed operator over the age of 21 who is actually occupying a seat beside the driver and there are no more than 2 other persons in the vehicle.

(b) If for any reason the applicant fails to pass the required examination during the 6-month period granted by the permit, the permit shall be void, and the fee paid therefor shall be forfeited unless the applicant requests an extension thereof and pays the sum of $5.00 therefor. Upon payment of the said sum, the Division shall immediately issue only 1 extension of the permit for an additional 6 months. If the applicant fails to pass the required examination within the additional 6-month period, the permit shall become void.

(c) The applicant must successfully pass a written examination before being issued a temporary instruction permit, and pass a practical road skills examination before being issued a Class D operator’s license. Eye screening and medical examinations will be administered in accordance with Division policies.

(d) It is unlawful for the holder of a Class D temporary instruction permit to operate a motor vehicle when the applicant is not accompanied by a licensed operator over the age of 21 years who is seated beside the driver or if there are more than 2 other persons in the vehicle. Failure to comply with subsection (a) of this section restrictions constitutes operating a motor vehicle without a license under § 2701(a) of this title.

(e) Applicants who are receiving special education services under an active Individualized Education Program may waive the provisions of this section and obtain a Class D operator’s license if the person meets the requirements of § 2710(d) of this title.

36 Del. Laws, c. 10, § 58; Code 1935, § 5596; 45 Del. Laws, c. 283, § 1; 46 Del. Laws, c. 125; 21 Del. C. 1953, § 2710; 57 Del. Laws, c. 495, §§ 1, 2; 57 Del. Laws, c. 670, § 11B; 60 Del. Laws, c. 626, § 1; 64 Del. Laws, c. 23, §§ 1-3; 67 Del. Laws, c. 346, § 1; 67 Del. Laws, c. 429, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 282, § 5; 78 Del. Laws, c. 8, §§ 9-11; 80 Del. Laws, c. 193, § 6.