State of Emergency Driving Restrictions
Online Waiver and Exemption Applications
The Department of Safety and Homeland Security (DSHS) has instituted an online system for the submission of State of Emergency Level 2 Driving Restriction waiver requests. A waiver is required for individuals not exempted under the law to operate a motor vehicle on Delaware roadways during a state of emergency, level 2 driving restriction only. The Secretary of the Department of Safety and Homeland Security has the authority to grant a driving waiver to organizations, entities, and individuals which have a valid significant health, safety or business necessity. Detailed travel restriction information is available under 20 Delaware Code, Section 3116(b)(12) and the regulations governing travel restrictions during a state of emergency.
This site also provides an exemption registration process for those not specifically identified within the regulation that provide healthcare services, food delivery services, or fuel delivery services.
You are encouraged to review the state of emergency driving restriction regulations, as well as the frequently asked questions section of this site via the links provided below, before completing an application form to determine if you require a waiver or qualify for an exemption.
Please note: Waivers must be obtained in advance of emergency incidents. No waiver application shall be granted within 21 days after receipt of the application for waiver. Applications will not be processed for approval during an emergency period. As a reminder, waivers are not valid during a State of Emergency, Level 3 Driving Ban.
As of January 2024, ALL applicants (new and existing) MUST have a my.delaware.gov account.
AFTER CREATING AN ACCOUNT:
- New Applicants
In the "New User Registration" section, click the "Registration Options" button. - Renewals
In the "Existing Users" section, click the "Non State Employee Login" button.
State of Emergency Driving Restriction Waiver Program
- State of Emergency Driving Restriction Waiver & Exemption Application
- Submit questions regarding State of Emergency Driving Restriction Waivers or Exemptions
- 1101 Regulations Governing Travel Restrictions During A State Of Emergency
All applicable laws regarding driving and operation of motor vehicles must be adhered to at all times. An approved waiver or exemption does not in any way circumvent motor vehicle laws and regulations. 20 Del Code Section 3116(b)(12)
State of Emergency Driving Waiver Program FAQ's
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.
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.
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.
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.
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.
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.
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.
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.
Yes. It is the responsibility of the issuing organization/entity to ensure all waivers are returned and accounted for when an employee leaves.
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.
Yes. The applicant must provide the total number of positions in the organization and the total number of those that are considered essential.
No, based on the wording of the law, a company ID is required.
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.
If the contractors are employed/paid by your organization/agency then 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.
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.
