Note: This page is part of the Governor's News Archive, which holds press releases from January 2009 through September 2011. Since October 2011, recent news can be found in the Newsroom and archived news is available at news.delaware.gov.
August 27, 2011
Level 2 Driving Restrictions Instituted
Please note, Level 2 driving restrictions will be in place in Sussex County starting at 6:00 p.m.; then in Kent County starting from 8:00 p.m.; and in New Castle County starting from 10:00 p.m. This means that non-emergency travel will be prohibited. Those who are evacuating from flooding or floodprone areas, including to shelters, are exempt.
According to state law, "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 26 Del. C. section 102(2) healthcare services, and food and fuel deliveries during a state of emergency, regardless of whether they are employed by a public or private entity."
SECOND MODIFICATION OF DECLARATION OF
STATE OF EMERGENCY FOR THE STATE OF DELAWARE
IMPLEMENTING LEVEL 2 DRIVING RESTRICTIONS
WHEREAS, in connection with the imminent danger posed by Hurricane Irene, I issued
an Executive Order on Thursday, August 25 at 6:00 p.m. EDT declaring a State of Emergency
for New Castle, Kent and Sussex Counties; and
WHEREAS, as set forth in the Modification of Declaration of State of Emergency dated
Friday, August 26, the State of Emergency was modified to, among other things, require the
evacuation of residents and non-residents; and
WHEREAS, Hurricane Irene is generating and will continue to generate high winds,
heavy rains and flooding in the State of Delaware; and
WHEREAS, as a result of the continued dangers posed by Hurricane Irene, the Delaware
State Police has requested that reasonable driving restrictions be instituted statewide, beginning
in Sussex County and followed by restrictions in Kent and New Castle Counties; and
WHEREAS, I have determined that the driving restrictions set forth below are in the best
interests of public safety.
NOW THEREFORE, I, JACK A. MARKELL, pursuant to Title 20, Chapter 31 of the
Delaware Code, do hereby declare that the previously issued executive orders shall remain in
effect until further notice, with the following modifications:
- A Level 2 Driving Restriction (the “Restriction”) is hereby ordered beginning
today, Saturday, August 27, 2011 and effective in Sussex County as of 6:00 p.m. EDT, in Kent
County as of 8:00 p.m. EDT, and in New Castle County as of 10:00 p.m. EDT. The Restriction
shall remain in effect until further notice. As of the time set forth above, no motor vehicles
should be operated on any road in the State of Delaware unless operated by essential personnel,
which 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, as well as members of the media. Persons with
a waiver granted by the Department of Safety and Homeland Security are exempt from this
- Notwithstanding the above, the Restriction shall not apply to drivers who are
evacuating from previously designated Evacuation Areas or other areas subject to evacuation
orders. Mandatory evacuation shall remain in effect in the Evacuation Areas previously
designated. All persons who have not evacuated from the Evacuation Areas are urged to do so
- Notwithstanding the requirements of Chapter 47 of Title 21 of the Delaware
Code, for the duration of the state of emergency, any utility driver engaging in the provision or
restoration of utility services and any driver making food and fuel deliveries shall be exempt
from the hours of service requirements of 49 C.F.R. Part 395 in its entirety.
- Except as set forth above, all provisions of the previously issued Executive Orders
shall remain in effect. Those provisions include, but are not limited to, the following:
- The Delaware Department of Transportation and the Delaware State
Police, in consultation with the Delaware Emergency Management Agency and the Secretary of
Safety and Homeland Security, may order such bridge and road closures as necessary to protect
the health and safety of the public. This authority is in addition to the above Restriction.
- State and local officials may remove abandoned vehicles from roads in the
State of Delaware at the expense of the vehicle owner.
APPROVED this 27th day of August, 2011, at 5:30 p.m. EDT
Governor Jack Markell