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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2019

Regulatory Flexibility Act Form

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2 DE Admin. Code 2306
Pursuant to the authority provided by 29 Del.C. §8404(8), the Delaware Department of Transportation (DelDOT), adopted 2306 Policy and Procedures for Crash Data Release.
The Department, through its Division of Planning and Policy (“DelDOT”), seeks to repeal 2 DE Admin. Code 2306. The regulation covers the release of crash data by the Department of Transportation to any entities or personnel outside of DelDOT. The Delaware Department of Safety and Homeland Security (“DSHS”) are the owners of all crash data received by DelDOT. Based on current operating procedures between the two agencies, this regulation is no longer necessary and can be repealed.
DelDOT will take written comments on these proposed general revisions to 2 DE Admin. Code 2306 from January 1, 2019 through January 31, 2019. The public may submit their comments to:
29 Del.C. §10002(g)(6) states that any records that are specifically exempted from public disclosure by statute or common law shall not be deemed public in accordance with the Freedom of Information Act.
21 Del.C. §313(b) of the Delaware Code, states that accident reports shall not be open to public inspection.
29 Del.C. §8404(8) states, "The Secretary [of the Department of Transportation] shall have the following powers, duties and functions: to establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State. No such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof;"
Crash (Accident) Rates” - A distribution of the numerical data of the number of crash occurrences per year.
Crash (Accident) Report” - The State of Delaware Uniform Traffic Collision Report supplied by the Delaware Department of Safety and Homeland Security and the Delaware Criminal Justice Information System (DELJIS) via the E-Crash program, on which all reported crashes involving an impaired driver, apparent property damage to the extent of $1,500 or more or personal injury or death to a person, when such crashes occur within that agency's jurisdiction.
Crash (Accident) Summaries” - A summary of the numerical data classified by several crash criteria such as Manner of Impact, Surface Conditions, Lighting Conditions, Weather Conditions, Time of Day, Day of Week etc. that pertains to the crash events.
GIS (Geographical Information System) Crash Data” - The geographic location of a crash as well as the attributes that are related to the crash. This data can be used to conduct analyses and produce maps of the crash data.
Highway Safety Improvement Program (HSIP)” - The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) established 23 USC §148 to create the Highway Safety Improvement Program (HSIP) as a core Federal Highway Administration (FHWA) program. The overall purpose of the program is to achieve a significant reduction in traffic fatalities and incapacitating injuries through the implementation of infrastructure-related highway safety improvements on all state-maintained roadways. Components of Delaware's HSIP include the Strategic Highway Safety Plan (SHSP), the Hazard Elimination Program (HEP), the High Risk Rural Roads Program (HRRRP), the Highway-Rail Grade Crossing Safety Program (HRGX), and the Transparency Report.
Requestor” - Any person, employee, consultant, or other state agency, who requests crash data for analytical purposes.
State Agency” - Any department of State Government that is recognized under the applicable sections of Delaware Code. This includes the Federal Highway Administration, Office of Highway Safety, Wilmington Area Planning Council and the Dover/Kent County Metropolitan Planning Organization for the purposes of this regulation.
Last Updated: December 31 1969 19:00:00.
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