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 1101-8.0 - Waivers and Administrative Procedures under a Level 2 Travel Restriction
Current through Register Vol. 28, No. 3, September 1, 2024
8.1 No person or entity shall operate a motor vehicle during a Level 2 Driving Restriction unless expressly exempted from these regulations, without first obtaining a waiver from the Secretary of the Department of Safety and Homeland Security.
8.2 Any organization, entity or person subject to these regulations that violates 20 Del.C. § 3116 (12) and/or these regulations shall be sanctioned pursuant to 20 Del.C. § 3125 and/or cited for a violation of 21 Del.C. § 4176 (C).
8.3 All persons and entities receiving a waiver from these regulations shall abide by the conditions of their waiver issued by the Department.
8.4 Application: All applications for waivers shall be submitted to the Department of Safety and Homeland Security beginning on March 31st, 2011. Applications may be completed and downloaded on the State of Delaware Emergency Management Agency website at http://dema.delaware.gov.
8.5 Approval/Denial: No waiver application shall be granted within 21 days after receipt of the application for waiver. When a final determination has been made on an application, the Department shall issue a notification of approval or denial via email. If the Department issues a letter of denial, the letter shall explain the reasons for such denial. The Department shall maintain a record of the notification of approval or denial for a period of 2 years.
8.6 Duration of Waiver: A waiver shall be valid for two (2) years from the date of issuance.
8.7 Renewal of Waiver: Any organization, entity or person wishing to renew an existing waiver that is ready to expire shall, not less than 60 days prior to the expiration date of the existing waiver, submit to the Department, a waiver renewal application form with all supporting documentation as required by these regulations.
8.8 Modification or Termination of a Waiver:
8.9 Waivers are non-transferable.
8.10 Standard. Any person who has authority to legally bind an organization or entity, or a person representing him or herself as an individual or sole proprietorship, may apply for a waiver to be exempt from these regulations when a significant health, safety or business necessity as defined in section 3.0 of these regulations is shown. An organization, entity or individual may also apply for a waiver upon the recommendation from either the Kent, Sussex, New Castle County, or City of Wilmington emergency management agency.
8.11 All persons or entities that receive a waiver from these regulations shall provide in their application for a waiver to the Delaware Emergency Management Agency the number of essential personnel pursuant to these regulations. Persons and entities applying for a waiver shall also provide in their application the essential functions necessary to maintain core operations and the allocation of their essential personnel to those operations. All persons or entities who have received a waiver shall maintain records of the waiver certificate(s) for purposes of validation.
8.12 Persons or entities that receive a waiver under these regulations shall provide appropriate employee identification indicating that the employee is essential under a significant health, safety or business necessity.
8.13 No person or individual shall falsify information in their application for a waiver, or submit false documents in support of their application for a waiver. Any individual in violation of this section may be criminally sanctioned pursuant to 11 Del.C. § 877.
