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?

Answer:  Yes. All law enforcement officers in the State of Delaware will honor the waivers as long as they are being used in accordance with the law.

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.

  1. Does this exemption apply only to those “operators” who are in actual physical control of snow/debris removal equipment?
  2. 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?

Answer to parts a) and b): The regulation would cover travel by an operator of snow/debris removal equipment that is under contract by a public or private entity. An operator would be able to travel to and from the location where the equipment is located.

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?”

Answer: It is up to each individual organization to determine what personnel are considered essential to maintain core functions and it is the responsibility of the organization to track who has the individually numbered waivers. Each individual issued a waiver must have a valid driver’s license, a company ID and the certified waiver in their possession, if driving during a Level 2 Driving Restriction.

4). How do you complete the application for multiple sites in Delaware?

Answer: On the electronic application, there is a place to select multiple sites. Check this box. You will be contacted directly when your application is processed for additional information on the sites. Under the section pertaining to individual sites, in the comment box, list the facilities and number of essential personnel requiring waivers. Each site will be reviewed individually to ensure it meets the criteria set forth in the law.

5). Am I required to submit a list of essential personnel with the application, and if not, where is the list kept?

Answer: You do not need to submit a list of essential employees with your application, only the total number employees in your organization and the number of those that are considered essential, along with a brief breakdown of their main responsibilities. The list of essential employee names must be kept and readily available in your office.

6). Are the waivers transferable or are they assigned to each employee?

Answer: The waivers should be assigned to specific employees to maintain accountability. If contacted by local law enforcement you need to know who has them in their possession.

7). Do the waivers have individual names on them?

Answer: No, the waivers are individually numbered, with a specific set of numbers awarded to each eligible applicant. This set of numbers is provided to all law enforcement. The applying organization/entity is responsible for tracking who the individually numbered waiver is distributed to.

8).If an employee leaves the agency would we need to make sure we get the waiver back from them?

Answer: Yes. It is the responsibility of the issuing organization/entity to ensure all waivers are returned and accounted for when an employee leaves.

9). If we hire a new employee are they transferable to that employee?

Answer: Yes. The issuing organization/entity may transfer a waiver from one employee to another. The issuing party must ensure the master list of essential employees is updated with who has the waiver, in the event of a law enforcement inquiry.

10). Do I need to submit the number of positions we have, even if they are not filled when submitting the application?

Answer: Yes. The applicant must provide the total number of positions in the organization and the total number of those that are considered essential.

11). Does a driver’s license suffice as ID since our employees do not have any kind of company ID?

Answer: No, based on the wording of the law, a company ID is required.

12).Who do I contact to report a violation of the Level 2 Driving Restrictions by my employer?

Answer: Please see the law below. If your employer does not have a valid waiver and disciplines employees for driving during a period of driving restriction or ban, then the employer needs to be reported to law enforcement.
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?

Answer: If the contractors are employed/paid by your organization/agency than include them on your application. If the contractors are employed by an outside agency then they must fill out a separate application for the contractors.

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?

Answer: As of now, the surrounding states do not have any type of statewide driving restriction programs in place. Some of the surrounding municipalities have the capability to institute driving restrictions in their individual towns due to localized emergencies, but nothing like we have developed on a statewide scale.