Frequently Asked Questions
1).Will the State Police honor these driving restriction waivers if they are being used as directed for travel only to and from work?
2).For clarification on “operators of snow and/or debris removal equipment employed or contracted by a public or private entity” exemption to the driving restriction regulations.
- Does this exemption apply only to those “operators” who are in actual physical control of snow/debris removal equipment?
- Does the exemption encompass those individuals whose job responsibilities include being “operators” of snow removal equipment which would permit them to travel on roads during a driving restriction so that they could get to their snow removal equipment stored at a public entity?
3). If a waiver is approved for an organization for a Level 2 Driving Restriction, what type of identification is required by the individual in order to prove that he/she is “essential personnel?”
4). How do you complete the application for multiple sites in Delaware?
5). Am I required to submit a list of essential personnel with the application, and if not, where is the list kept?
6). Are the waivers transferable or are they assigned to each employee?
7). Do the waivers have individual names on them?
8).If an employee leaves the agency would we need to make sure we get the waiver back from them?
9). If we hire a new employee are they transferable to that employee?
10). Do I need to submit the number of positions we have, even if they are not filled when submitting the application?
11). Does a driver’s license suffice as ID since our employees do not have any kind of company ID?
12).Who do I contact to report a violation of the Level 2 Driving Restrictions by my employer?
Level 2 Driving Restriction: A "Level 2 Driving Restriction" shall mean that no person shall operate a motor vehicle on Delaware roadways when a Level 2 Driving Restriction has been activated, except for persons designated as essential personnel including operators of snow removal equipment employed or contracted by a public or private entity. "Essential personnel" for purposes of this subsection shall mean those employees and/or personnel who are necessary to maintain the core functions of a government body or entity, and to maintain the health and safety of the people in Delaware by providing services provided by public utilities as defined in § 102(2) of Title 26 healthcare services, and food and fuel deliveries during a state of emergency, regardless of whether they are employed by a public or private entity. A waiver from a Level 2 Driving Restriction may be granted when a significant safety, health or business necessity is shown for issuing such a waiver. The Secretary of the Department of Safety and Homeland Security shall promulgate rules and regulations necessary to carry out the provisions of this subsection. An employer or entity which has not been granted a waiver shall not terminate, reprimand, discipline, or in any way commit any adverse employment action against an employee who, as a result of the activation of the a Level 2 Driving Restriction, fails or refuses to report to work during the pendency of the driving restriction. Any person or entity who violates an activated level 2 driving restriction under this subsection shall be in violation of § 4176D of Title 21.
13).We have contractors we use on site to perform some critical tasks, such as security and emergency repairs. Should we include their names and company on our waiver, along with our essential personnel?
14). Last year, when the waiver process was announced, we were told this would only be valid for Delaware roadways and there was no reciprocity agreement with surrounding states to recognize the Delaware waiver (PA, NJ, MD). Meaning our out-of-state essential personnel would be traveling to Delaware at their own risk if their state also issued a State of emergency including a driving restriction. Can you advise it this is still true or if any reciprocity agreements are now in place, or if any surrounding states have developed their own waiver process?