2 Del. Admin. Code § 1101-2.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1101-2.0 - Scope and Applicability

2.1 Authority. These regulations are enacted pursuant to 20 Del.C. §§ 3116 (b)(12) and 3121. These regulations shall be known as "Regulations Governing Travel Restrictions during a State of Emergency".

2.2 Applicability. These regulations apply to persons operating a motor vehicle on public roadways during a declared state of emergency.

2.3 Exemptions: The following persons/entities are exempted from these regulations:

2.3.1 First responders: "First responders" shall mean federal, state and local governmental and non-governmental police, fire, and emergency personnel, including, but not limited to, other skilled personnel such as emergency management, public health and public works staff as defined in the Delaware Emergency Operations Plan promulgated by the Delaware Emergency Management Agency pursuant to 20 Del.C. Ch. 31 and by federal regulation, who are responsible for the protection and preservation of life, property, evidence, and the environment;

2.3.2 Operators of snow and/or debrisremoval equipment employed or contracted by a public or private entity;

2.3.3 Public utilities as defined in 26 Del.C. § 102 (2).

2.3.4 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.

2.3.5 Persons or entities identified as essential in the Delaware Emergency Operations Plan promulgated by DEMA pursuant to 20 Del.C. Ch. 31 of the Delaware Code. Those entities who have been pre-determined by the first responders as necessary for supporting their services and those government employees designated by federal, state, and/or local governmental agencies as essential to maintaining core governmental functions.

2.3.6 Constables as defined by Title 10, Chapter 27 of the Delaware Code.

2 Del. Admin. Code § 1101-2.0