BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend Title 21, Chapter 41 of the Delaware Code by adding a new section §4176C to read as follows:
“§4176C. Operation of a motor vehicle during an emergency.
(a) No person shall operate a motor vehicle on a highway, express highway, roadway or private road as defined in §101 of this Title when a Level 3 Driving Ban or a Level 2 Driving Restriction has been activated during an emergency, unless the person is a first responder, essential personnel, or a waiver has been granted, pursuant 20 Del. C. §3116(b)(12).
(b) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense, the person shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days, or both.”
Approved July 27, 2010