2 Del. Admin. Code § 1101-5.0

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

Section 1101-5.0 - Level 3 Driving Ban or Level 2 Driving Restriction

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.

2 Del. Admin. Code § 1101-5.0