Delaware Administrative Code
Title 2 - Transportation
1000 - Department of Safety and Homeland Security
1100 - Office of the Secretary
1101 - Regulations Governing Travel Restrictions During A State Of Emergency
Section 1101-5.0 - Level 3 Driving Ban or Level 2 Driving Restriction
Universal Citation: 2 DE Admin Code 1101-5.0
Current through Register Vol. 28, No. 3, September 1, 2024
5.1 Unless otherwise modified by executive order issued by the Governor, in the event of a Level 3 Driving Ban or a Level 2 Driving Restriction, the following shall apply:
5.1.1 Level 3 Driving Ban. No person shall
operate a motor vehicle on Delaware roadways when a Level 3 Driving Ban has
been activated, except for the following:
5.1.1.1 Persons designated as first
responders and essential personnel as specified in the Delaware Emergency
Operations Plans promulgated pursuant to Title 20, Chapter 31 of the Delaware
Code;
5.1.1.2 Persons designated as
first responders and essential personnel by executive order of the
Governor;
5.1.1.3 Operators of
snowand/or debrisremoval equipment employed or contracted by a public or
private entity;
5.1.1.4 Persons
designated as essential personnel for a public utility as defined in 26
Del.C.
§
102
(2).
5.1.1.5 Individuals identified by providers
of Voice Over IP service, as defined in 26 Del.C.
§
202 (i)(2) or
Cellular telephone service who are necessary to maintain the integrity of such
providers' networks or assist first responders and essential personnel as
specified in these regulations.
5.1.1.6 Constables as defined in Title 10,
Chapter 27 of the Delaware Code.
5.1.2 All businesses, professional offices,
organizations, entities, individuals, etc., not otherwise exempted under
subsection 5.1.1 shall take appropriate protective actions to protect
themselves, their customers, their employees and the people in Delaware by:
5.1.2.1 Temporarily terminating all travel
for the duration of a Level 3 Driving Ban and providing shelter-in-place to
their employees as defined in section
3.0; or,
5.1.2.2 Temporarily shutting down operations
for the duration of the Level 3 Driving Ban.
5.1.3 To the extent possible, a Level 3
Driving Ban shall only be issued in an area where the conditions are most
severe for a limited duration, with the limited purpose of clearing the
restricted area to allow for safe travel through that area.
5.1.4 Level 2 Driving Restriction. No person
shall operate a motor vehicle on Delaware roadways when a Level 2 Driving
Restriction has been activated, except for the following:
5.1.4.1 Any entity or person exempted from
the Level 3 Driving Ban in section
2.3, 5.1.1, 7.1, 7.2, 7.3 and
7.4;
5.1.4.2 Organizations,
entities and/or persons that have obtained a waiver pursuant to section
8.0 of these
regulations.
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