CHAPTER 470

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

PROCLAMATION: STATE OF EMERGENCY

WHEREAS, the Governor of the State of Delaware, by Proclamation dated June 20, 1979, did proclaim the existence of a State of Emergency by reason of the severe and widespread gasoline shortage afflicting Delaware; and

WHEREAS, by the terms of the aforementioned Proclamation, the Governor established certain conservation measures for the purpose of complimenting the voluntary conservation efforts of Delaware motorists to the end that the allocation and dispensing of gasoline would be as fair, equitable and efficient as possible under the circumstances; and

WHEREAS, the continuing short fall in the availability of gasoline for retail sale in Delaware, combined with more stringent conservation measures imposed by the Governors of those States which surround Delaware, now require the imposition of additional conservation measures in Delaware in order to protect the health, safety and welfare of the citizens of this State.

NOW, THEREFORE, I PIERRE S. du PONT, IV, by the authority vested in me as the Governor of the State of Delaware under the Delaware Constitution, and the provisions of Chapter 31, Title 20, Delaware Code, do hereby proclaim that the State of Emergency by reason of the acute shortage of useable motor fuel continues to exist in and throughout the State of Delaware. By the same authority and in these circumstances, I do hereby authorize and direct as follows:

1. The Proclamation of June 20, 1979, is hereby ratified and republished except as otherwise expressly modified or rescinded herein, and shall remain in full force and effect.

2. Commencing at 12:01 A.M. on Friday, June 29, 1979, the "odd-even" gasoline allocation plan heretofore in effect for retail outlets on the Delaware Turnpike is hereby extended and made applicable to all outlets throughout the State of Delaware. Said plan provides as follows:

Gasoline may be purchased or sold only in accordance with the following procedures:

a. On even-numbered days of the month, gasoline may be sold to and purchased by the operator or occupant of a vehicle having a number (license) plate the last numeral of which is even. For purposes hereof, the numeral zero (0) shall be deemed even;

b. On odd-numbered days of the month, gasoline may be sold to and purchased by the operator or occupant of a vehicle having a number (license) plate the last numeral of which is odd;

c. A vehicle having a number (license) plate with no numerals shall be deemed to have a number (license) plate the last numeral of which is odd;

d. A "free day" is a day when odd and even sales and purchases are permissible. The 31st day of January, March, May, July, August, October, December and the 29th day of February (leap year) are designated as "free days".

3. Upon application to the main office or any field office of the Delaware Energy Office, and on such forms and in accordance with such procedures as that Office may direct for the filing of such applications, the following types of vehicles shall be entitled to an exemption from the foregoing plan:

e. Police, fire, ambulance or other emergency vehicles;

f. Commercial trucks;

g. Tractors, tractor trailer combinations or truck trailer combinations;

h. Buses, taxis and other commercial carriers;

i. Farm machinery;

j. Self-propelled caterpillar or other crawler-type equipment used on a construction site;

k. Such other types or classes of vehicles as the Delaware Energy Office, in its discretion, may elect to exclude where to do so is necessary to avoid:

1. A severe, immediate and continuing threat to the health, safety of one or more persons; or

2. Rendering impossible the actual performance of any trade, occupation or profession of one or more persons or class of persons.

4. Any exemption permitted under paragraph 3 hereof, or otherwise authorized by law, shall be evidenced by the issuance of a "special permit" as prepared by the Delaware Energy Office. The operator of the vehicle to which said permit applies must display the special permit before the exemption may be utilized.

5. In order to further promote the efficient and equitable retail distribution of gasoline within the State, all operators of retail outlets shall display, within prominent view of the motoring public, the following flags:

a. a red flag where the outlet is out of gasoline, but open for other business;

b. a yellow flag where the outlet is limiting sales to special permit holders and emergency services only;

c. a green flag where gasoline sales are being made to the general public in accordance with the plan herein proclaimed.

Service station operators may display different flags at different times of the day at their discretion; provided, that service station owners are encouraged but not required to display the green flag during commuting hours.

6. The minimum purchase requirements of 55.00 of gasoline for all vehicles having less than 6 cylinders, and of 57.00 of gasoline for all vehicles having 6 cylinders or more as mandated by the Proclamation dated June 20, 1979, are hereby amended as follows:

a. motorcycles and mopeds are exempt therefrom;

b. any vehicle having a tank with a capacity of 8 gallons or less shall also be exempt.

7. The State of Emergency by reason of the energy crisis herein proclaimed and ratified shall remain in effect until terminated by further proclamation of the Governor.

IN WITNESS WHEREOF, I have hereunto set my Hand and Seal this 28th day of June, 1979

at 11:55 A.M.

(GREAT SEAL)

PIERRE S. du PONT, IV Governor

Attest:

GLENN C. KENTON Secretary of State