CHAPTER 826

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

PROCLAMATION

WHEREAS, I, Sherman W. Tribbitt, Governor of the State of Delaware, did on November 21, 1973, proclaim that a State of Emergency existed within the entire State of Delaware by reason of an impending or actual acute shortage of useable energy reserves; and

WHEREAS, in light of that crisis and in conjunction with the proclaiming of the State of Emergency, the 127th General Assembly, on November 19, 1973, by virtue of the passage of Volume 59, Laws of Delaware, Chapter 225, as amended, authorized and empowered the Governor to promulgate reasonable orders, rules and regulations as he deemed necessary, to protect the public health, safety and welfare, and to bring the emergency situation under control within the acknowledged limitation of his powers as one Governor of one State; and

WHEREAS, Volume 59, Laws of Delaware, Chapter 225, as amended, authorizes the Governor to, inter alia, establish and implement standards for the conservation and consumption of energy reserves as well as modify existing standards and requirements affecting the use of energy reserves; and

WHEREAS, acute shortages of gasoline throughout Delaware have resulted in panic buying by consumers and extremely long lines at gasoline stations; and

WHEREAS, the effect of these shortages has been increased by the recent truck strike and the overall situation has disrupted the flow of traffic on our highways and has resulted in inequitable distribution of available fuel; and

WHEREAS, the power of the individual states is limited since this problem is one of national dimensions and only the strongest and most decisive action by the Federal Government can effect its resolution; and

WHEREAS, in the absence of federal action, State action is required in this grave situation to insure a more equitable distribution of gasoline resources among users in Delaware.

NOW, THEREFORE, I, Sherman W. Tribbitt, by virtue of the authority vested in me as Governor of the State of Delaware, determine that the following is reasonable and necessary in view of the emergency situation, and hereby order and declare as follows:

DELAWARE'S MANDATORY GASOLINE RATIONING

PROGRAM

I. Exempt Categories. The following motor vehicles or users of gasoline are exempt from the provisions of this Proclamation:

(A) Agricultural production, commercial farming, dairy, poultry, livestock, horticulture, forestry, and commercial fishing activities and services directly related to the planting, cultivation, harvesting and processing of fibre, timber, and food intended for human consumption and animal feed.

(B) Emergency services: vehicles, whether publicly or privately owned, used specifically and primarily for law-enforcement, fire-fighting and emergency medical and health services and including those operated by licensed physicians.

(C) Governmental vehicles: Motor vehicles owned or operated by the State of Delaware, any county, city or municipality which normally purchases gasoline at a retail dealer.

(D) Mass Transportation: Vehicles, whether publicly or privately owned and used for scheduled mass transportation.

(E) School buses operated by or under contract with a public agency or religious or charitable organization or corporation, or privately operated for compensation for the transportation of children to and from school for secular or religious education.

() Taxicabs

(G) Motorcycles

(H) Any motor vehicle with a gasoline capacity of eight (8) gallons or less.

(I) Tele-communications services utilizing motor vehicles in the maintenance of telephone, telegraph and similar facilities.

(J) Commercial trucks or tractor-trailers which use gasoline for long distance hauling or local delivery services.

(K) Motor vehicles utilized in water supply, sanitation services, purification of water supply, collections and disposal for the general public of solid waste, whether by public or private entities, and the maintenance, operation, and repair of liquid purification and waste facilities during emergency conditions.

(L) Motor vehicles used in the course and scope of employment and operated on the average of 150 miles or more per day excluding commuting mileage.

II. Definitions

(A) "Non-Priority User of Gasoline" means users of gasoline not defined in the above as exempt from the provisions of this proclamation.

(B) "Gasoline" means a mixture of volatile hydro-carbons with boiling points ranging from 140 degrees to 390 degrees fahrenheit and whose source is distillation of petroleum and cracking polymerization and other chemical reactions by which naturally occurring petro-hydrocarbons are converted to those having superior properties.

() "Motor Vehicle" means all vehicles propelled otherwise than by muscular power except such vehicles as are operated on rails or tracks.

(A) "Retail Dealer" means any person or entity engaging in the practice of selling motor gasoline from a fixed location such as a service station, filling station, store or garage directly into the service tank of any motor vehicle propelled by motor gasoline.

III. Distribution of Gasoline to Priority Users

(A) Priority users of motor gasoline are exempt. They shall, however, insofar as feasible, purchase gasoline from available bulk quantity sources. In those cases where bulk purchases are not available, purchases may be made on a priority basis at any retail pump without reference to license plate numbers as established hereafter for other types of retail gasoline purchasers.

(B) Priority users of motor gasoline are to be supplied on a historical use basis but activities in those categories unable to secure gasoline from their historic sources may be served first by other bulk suppliers and then by gasoline stations which have gasoline available.

IV. Distribution of Gasoline to Non-Priority Users

(A) Non-priority users of gasoline may purchase gasoline on alternate days according to the last number on the right side of the license plate.

1. Operators of motor vehicles bearing license plates, the last number of which is an even number, shall be permitted to purchase gasoline for use in the fuel tank on the even numbered days of the month.

2. Operators of motor vehicles bearing license plates, the last number of which is an odd number, shall be permitted to purchase gasoline for use in the fuel tank on the odd numbered days of the month.

3. In cases where there is no number on the license plate, the last letter to the right shall be converted to a counterpart odd or even number as follows :

(a) A to M shall be treated as odd numbers.

(b) N to Z shall be treated as even numbers.

(B) Notwithstanding the provisions of Paragraph IV A above:

1. No purchase of gasoline shall be made from 9 p.m. Saturday evenings until midnight Sunday evenings.

2. To avoid giving odd-numbered vehicles an extra or two consecutive days, the 31st day of any month shall be considered a free day and both odd and even numbered motor vehicles may purchase gasoline.

3. Saturdays shall also be considered a free day on which both odd and even numbered motor vehicles may purchase gasoline.

(C) Motor Vehicles with license plates from other States shall be subject to the same rules with respect to gasoline purchases as are vehicles with Delaware license plates.

V. Decal System

(A) The provisions of paragraph IV A shall be effective for motor vehicles registered in the State of Delaware until April 1, 1974. On that date, decals supplied by the Division of Motor Vehicles of the Department of Public Safety shall be displayed on the extreme right lower portion of the windshield.

(B) The decals shall be as follows:

1. A decal with a blue field with an "L" superimposed thereon shall identify large sized motor vehicles entitled to purchase gasoline on odd-numbered days at the minimum price established by VI A (1) hereof.

2. A decal with a blue field with an "S" superimposed thereon shall identify small sized motor vehicles entitled to purchase gasoline on odd-numbered days at the minimum price established by VI A (2) hereof.

3. A decal with a blue field with an "E" superimposed thereon shall identify motor vehicles entitled to purchase gasoline on odd-numbered days but which are not subject to the minimum prices established by VI A hereof.

4. A decal with a yellow field with an "L" superimposed thereon shall identify large sized motor vehicles entitled to purchase gasoline on even-numbered days at the minimum price established by VI A (1) hereof.

5. A decal with a yellow field with an "S" superimposed thereon shall identify small sized motor vehicles entitled to purchase gasoline on even-numbered days at the minimum price established by VI A (2) hereof.

6. A decal with a yellow field with an "E" superimposed thereon shall identify motor vehicles entitled to the purchase of gasoline on even-numbered days but which are not subject to the minimum prices established by VI A hereof.

7. A decal with an international orange field shall identify emergency motor vehicles as defined in I (2) hereof and such other vehicles to be subsequently defined, to be similarly displayed to evidence their exclusion from the provisions of this proclamation.

VI. Retail Dealers

(A) Minimum Purchases. Retail dealers shall charge the following actual minimums regardless of the amount or cost of gasoline inserted into the fuel tank.

1. Five Dollars ($5.00) shall be charged for any motor vehicle displaying a decal with an "L" superimposed thereon.

0. Three Dollars ($3.00) shall be charged for any motor vehicle displaying a decal with an "S" superimposed thereon.

1. Any excess of the required minimum purchase not expended in the purchase of gasoline shall be retained by the retail dealers.

2. Retail dealers shall prominently display appropriate sign or signs to provide adequate notice to prospective customers that a mandatory minimum charge will be imposed.

3. Until the effective date of the decal system as established hereunder, all retail dealers shall charge the five dollar ($5.00) minimum for "full size" motor vehicles and three dollars ($3.00) for "compact" or foreign cars which do not meet the exemption of paragraph I (H).

(B) When a retail station is about to exhaust its supply and there is a line of motor vehicles awaiting service, the owner or operator shall place a sign near the rear of the last vehicle he reasonably expects to be able to service containing the words "Last Car for Gas".

(C) Retail Dealers shall sell, as near as practical, an equal amount of gasoline each day of the month the dealer is in operation.

VII. Penalties

Pursuant to Section 3128, Chapter 31, Title 20, Delaware Code, any person who violates any provision of this order shall be guilty of a misdemeanor and shall be punished in the discretion of the Court.

. Effective Date

This Order shall be effective at 12:01 a.m., Monday, February 25, 1974, pursuant to Section 3230 (F), Chapter 32, Title 20, Delaware Code, except that only the minimum purchase requirements of paragraph VI hereof shall apply on Monday, February 25, 1974.

IN WITNESS WHEREOF, I, SHERMAN W. TRIBBITT, Governor of the State of Delaware, have hereunto set my hand and caused the Great Seal of the said State to be hereunto affixed at Dover this 23rd day of February

(GREAT SEAL) in the year of our Lord, one thousand nine hundred and seventy-four, and of the Independence of the United States of America, the one hundred and ninety-eighth.

SHERMAN W. TRIBBITT, Governor

Attest: GROVER A. BIDDLE, Assistant Secretary of State