Current through Register Vol. 28, No. 3, September 1, 2024
3.1 DelDOT may approve the installation and
use of an ESMS in a DelDOT work zone or a residence district if the conditions
in subsection 3.3 of this regulation are met. The Delaware State Police shall
have enforcement authority over the ESMS in all work zones. For ESMS used in
residence districts, the police agency with jurisdiction over the road shall
have enforcement authority over the ESMS. Prior to DelDOT approval of entities
requesting to use the system in residence districts, participating
municipalities and New Castle County shall authorize the use of ESMS in their
code or ordinance and sign a memorandum of understanding or an agreement with
DelDOT regarding the operation of the ESMS.
3.2 Once a road is approved for an ESMS, the
use of the system will be at the discretion of the police agency with
jurisdiction over the residence district or at the discretion of the Delaware
State Police in a work zone where the system will be implemented.
3.3 The conditions for installation and
operation of an ESMS are as follows:
3.3.1 If
in a residence district, unless in a designated work zone, a study must be
provided to DelDOT by the requesting municipality or New Castle County. DelDOT
may perform speed data collection or provide recently collected speed data
along state-maintained roadways, based on available resources, and provide the
information to the requesting municipality or New Castle County to be included
in the required study.
3.3.1.1 The study must
be no more than 1 year old from the date of the initial request and approved by
DelDOT.
3.3.1.2 The study must
document that the 85th-percentile speed on the road is 5 miles per hour or
greater than the posted speed limit.
3.3.1.3 The study must have been overseen by
a Delaware Registered Professional Engineer, a sworn law enforcement officer,
or a municipal or county official acting in their official capacity.
3.3.1.4 The study must include continuous
speed data, collected across a 24-hour window, at minimum.
3.3.2 If in a residence district, the police
agency with jurisdiction over the road must approve the road and extent of the
road eligible for electronic speed monitoring prior to DelDOT
approval.
3.3.3 If the road is
within the boundaries of a municipality, the municipality must approve the road
and extent of the road eligible for electronic speed monitoring prior to DelDOT
approval.
3.3.4 The police agency
with jurisdiction over the road must notify DelDOT of the intent to use the
ESMS at least 30 calendar days in advance of implementation.
3.3.5 DelDOT and the police agency with
jurisdiction must provide notice on their publicly accessible websites of the
intended use of the ESMS at least 14 calendar days prior to its
implementation.
3.3.6 Traffic
control devices must be in accordance with the Delaware Manual on Uniform
Traffic Control Devices, 2 DE Admin. Code 2402.
3.3.7 The ESMS unit and enforcement area of
roadway must be within the same jurisdictional boundary.
