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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2018


Regulatory Flexibility Act Form

Authenticated PDF Version

(17 Del.C. §141; 29 Del.C. §8404(8))
2 DE Admin. Code 2403
Under Title 17 of the Delaware Code, Section 141, as well as 29 Delaware Code Section 8404(8), the Traffic Operations and Management Section of the Delaware Department of Transportation (DelDOT), has the authority to regulate the traffic impacts of special events that affect the safe movement of traffic on the State’s transportation network, and adopted the Special Events Policies and Procedures – Traffic Management regulation. The Department seeks to adopt revisions to this regulation to waive temporary traffic control costs for special events held by an organizer exempt from federal income tax under Internal Revenue Code Section 501(c)(3) or if the applicant and organizer is a State Agency, County, incorporated Municipality, school district, or accredited college or university. The revisions allow organizers not meeting the conditions above to request a waiver if proceeds to an event are donated to a 501(c)(3) organization or if the need for temporary traffic control is created by impacts associated with a Department project.
3.1 The Delaware Department of Transportation (DelDOT) requires the organizer of a planned special event that impacts the transportation system to get approval from the Department to hold such events and to review any temporary traffic control that is necessary for the event to occur. Event organizers are required to fill out DelDOT’s Special Event Permit Application and submit the completed application to the Special Events Coordinator in the Traffic Safety Operations and Management Special Events Section. This form can be emailed by clicking the appropriate button at the top of the application. The Department’s Special Events Coordinator will review the application and the location of the event and determine if temporary traffic control measures or other requirements are needed to safely conduct the event and to minimize the impacts to the transportation system. If additional information is needed, the Special Events Coordinator will coordinate that information with the event organizer. Once all requirements are satisfied, an approved copy of the Special Event Permit Application will be provided to the event organizer. An approved copy will be held by the Traffic Safety Operations and Management Special Events Section.
3.2.1 The Special Event Permit Application shall be filled out by the event organizer and submitted to the Department no fewer than 90 days prior to the beginning of the event. The Special Event Permit Application can be found at:
Traffic Safety Operations and Management Special Events Section
4.3.2 The development of the Transportation Operations Plan will typically be completed by DelDOT’s Traffic Operations and Management Special Events Section with input provided by Safety and Transportation Management Center staff and the event organizer. DelDOT and the event organizer will also meet with the state police to discuss the plan. If the event is within the limits of a municipality, DelDOT and the event organizer will also meet with the local police and other local authorities having jurisdiction. The following items are typically reviewed and determined during the plan development:
5.1.1.1 Submit the Special Events Application to the Traffic Safety Operations and Management Special Events Section no fewer than 90 days prior to the event.
5.1.1.3 Submit the Temporary Traffic Control Plan to the Traffic Safety Operations and Management Special Events Section no fewer than six weeks prior to the event.
6.2 The event organizer is responsible for the costs associated with temporary traffic control for a particular planned special event. These costs may include, but will not be limited to, the procurement of the required compliant temporary traffic control devices, the use of portable changeable message signs and labor associated with the installation and removal of temporary traffic control devices. The event organizer may request DelDOT’s assistance with the deployment of the temporary traffic control plan and/or the transportation operations plan, however, the Department must be reimbursed for all equipment and labor costs associated with the event and DelDOT’s support is subject to the availability of the necessary resources. If the event organizer requests DelDOT assistance, the Department will generate a cost estimate and will send the cost estimate and a concurrence letter to the event organizer for review. If the event organizer concurs with the cost estimate, the event organizer shall sign the concurrence letter and send it back to DelDOT. No charges will be incurred until after the event is completed. Upon completion of the event, the Department will contact the event organizer, review all costs incurred and then the Department will send the event organizer a bill for services rendered. The event organizer will not be responsible for the costs associated with temporary traffic control deployed by DelDOT for a particular planned special event if the organizer is exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c)(3) and proper documentation of the organization's 501(c)(3) status has been provided to the Department. State Agencies, Counties, incorporated Municipalities, school districts, and accredited colleges and universities will not be responsible for the costs associated with temporary traffic control deployed by DelDOT for a particular planned special event if the event is a direct activity of the entity making application. Event organizers that do not have 501(c)(3) status or meet the conditions noted above may request a waiver for costs associated with temporary traffic control deployed by DelDOT for a particular planned special event if proceeds generated by the event are donated to a 501(c)(3) organization for which the appropriate supporting documents have been provided to the Department or if the need for temporary traffic control is created by impacts associated with a Department project.
Last Updated: December 31 1969 19:00:00.
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