CHAPTER 832

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; and

WHEREAS, the purpose of this Proclamation is to reissue Delaware's Mandatory Gasoline Rationing Program, issued on February 23, 1974, make necessary changes and integrate amendments thereto into a unified, single Proclamation;

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 do hereby order and declare as follows:

DELAWARE'S MANDATORY GASOLINE

RATIONING PROGRAM

1. 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 Federal government, the State of Delaware, any county, city or municipality which normally purchases gasoline from retail dealers.

(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.

(F) Taxicabs

(G) Motorcycles

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

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

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

(B) 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.

(C) Motor vehicles operated by the handicapped and identified as such by their license plate.

(D) Motor vehicles used in the course and scope of employment and operated on the average of 100 miles or more per day, including commuting mileage.

(E) The motor vehicles or operators of such motor vehicles described in subparagraphs (A), (B), (C), (D), (E), (F), (G), (I), (J), (K), and (L) are self-identifiable as exempt by the nature or nomenclature of the vehicle and may purchase gasoline on any day without further or additional identification.

(O) All other exempt vehicles or operators of vehicles may purchase gasoline on any day without regard to the odd-even system or minimum purchase requirements established hereunder, only when the operator has applied for and been granted an exempt card, bearing his signature and the license number of the vehicle for which the card has been issued. Said exempt card is to be used only by the person to whom it was issued and only for the vehicle whose license number it bears.

(P) In addition to the exempt classes defined in this paragraph, the Motor Vehicle Commissioner is authorized to issue such other exempt cards to those he determines in his discretion are faced with an unusual necessity or hardship. Mere inconvenience shall not be a basis for applying for and receiving an exempt card.

(Q) The exempt card issued by the Motor-Vehicle Commissioner shall be accepted by all retail dealers in this State when duly completed and presented by the person to whom it was issued for the vehicle whose license number it bears. The exempt card is orange and is as seen below:

STATE OF DELAWARE

GASOLINE RATION EXEMPTION

SIGNATURE

LICENSE PLATE NUMBER

See Reverse Side For Instructions

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.

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

(D) "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.

() "Small Car" means a small, compact or foreign car, for the purpose of paragraphs V (A) 2 and V (A) 4 is one with a gasoline tank capacity of 13 gallons or less. All other vehicles shall be considered 'large' cars for the purpose of paragraphs V (A) 1 and V (A) 4 hereof.

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 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) Odd-even system:

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

(a) 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.

(b) 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.

(c) 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:

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

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

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

(1) 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 subject, however, to the minimum purchase requirements established hereunder.

(2) Purchases of gasoline may be made on Saturday and Sunday to the extent retail dealers are open, without regard to the 'odd-even' system subject, however, to the minimum purchase requirements established herein.

(C) Operators of motor vehicles bearing license plates issued by states other than Delaware which have adopted substantially the same alternate day purchase program, are subject to the regulations promulgated by their home states.

(D) Operators of motor vehicles bearing license plates issued by states other than Delaware which do not have substantially the same alternate day purchase program, shall be permitted on any day to purchase such quantities of gasoline which the retail dealer determines in his discretion are sufficient to relieve the operator's hardship.

V. Retail Dealers

(A) Minimum Purchases. No owner or operator of a motor vehicle shall purchase or attempt to purchase gasoline from a retail dealer at less than the following minimum purchase requirements :

(1) No operator of a large vehicle as defined herein shall purchase gasoline for less than three dollars ($3.00).

(2) No operator of a small vehicle as defined herein shall purchase gasoline for less than two dollars ($2.00).

(3) Retail dealers shall prominently display appropriate sign or signs to provide adequate notice to operators of motor vehicles who may be prospective customers of the minimum purchase requirements established hereunder.

(4) Retail dealers shall permit customers to buy at least the minimum purchase established by subparagraphs 1 and 2 hereof. Whether retail dealers permit customers to purchase in excess of the established minimums is left to the discretion of the individual retail dealers.

(5) In the event a purchaser violates the minimum purchase requirements established hereunder, the retail dealer shall not be permitted to retain the difference between the cost of the actual purchase and the applicable minimum.

(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.

(D) No person shall threaten, interfere, or attempt to interfere, with a retail dealer with respect to compliance with the provisions of this Proclamation.

VI. 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.

VII. Effective Date

This Order shall be effective at 12:01 A.M., Thursday, March 28, 1974, at which time all previous Proclamations dealing with Delaware's Mandatory Gasoline Rationing Program shall be rescinded.

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 22nd day of March

(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: ROBERT H. REED, Secretary of State