&EPA United States Environmental Protection Agency Air and Radiation EPA420-B-05-004 August 2005 Compilation of State, County, and Local Idling Regulations — Existing and Proposed ------- EPA420-B-05-004 August 2005 County, — Transportation and Regional Programs Division Office of Transportation and Air Quality U.S. Environmental Protection Agency ------- The following compilation of state and local vehicle idling laws represents the U.S. Environmental Protection Agency's best efforts to catalogue, in one location, the variety of existing and proposed idling laws in their entirety. This document is for reference purposes only; please refer to the actual laws for requirements and compliance. This compilation may not include every state or local law, and you should enquire about your own jurisdiction's regulations on idling. We will make every effort to update this document when we are aware of new idling laws or changes to existing idling laws. For more information on state and local idling reduction laws, please visit the SmartWay Transport Partnership Web site at: www.epa.gov/smartway/idle-state.htm. ------- Table of Contents Existing Regulations: Arizona 1 California 6 Colorado 8 Connecticut 9 Delaware 11 District of Columbia 13 Georgia 14 Hawaii 15 Maryland 16 Massachusetts 17 Minnesota 18 Missouri 19 Nevada 20 New Hampshire 22 New Jersey 23 New York 24 Pennsylvania 26 Texas 30 Utah 31 Virginia 32 Proposed Regulations: California 33 Pennsylvania 35 ------- Existing State, County & Local Regulations Arizona 11-876. Engine idling restrictions; exemptions; applicability; civil penalty; definition A. By July 1, 2002, a county that contains any portion of area A as defined in section 49- 451 shall adopt, implement and enforce ordinances that place limits on the maximum idling time for engines that propel heavy-duty diesel vehicles with a gross vehicle weight rating of more than fourteen thousand pounds. The ordinances shall at least include exemptions for: 1. Certain types of vehicles, such as police, fire and other emergency vehicles. 2. Certain types of situations such as traffic delays or the need for a driver to sleep in the vehicle. 3. Certain types of equipment operations, such as refrigeration of cargo. B. A county with a population of less than one million two hundred thousand persons shall adopt, implement and enforce the ordinances required by this section only for those portions of the county that are located in area A. C. Any other county may adopt, implement and enforce ordinances that comply with this section. D. A driver who violates an ordinance adopted pursuant to this section is subject to: 1. The imposition of a civil penalty of one hundred dollars for the first violation. 2. The imposition of a civil penalty of three hundred dollars for a second or any subsequent violation. E. Ordinances adopted pursuant to this section may be enforced by a county control officer or any law enforcement officer who is authorized to enforce traffic laws. For violations of ordinances adopted pursuant to this section, an officer shall use a uniform civil ticket and complaint substantially similar to a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the supreme court. The officer may issue citations to persons who violate an ordinance adopted pursuant to this section. F. In enforcing ordinances adopted pursuant to this section, a county control officer or authorized law enforcement officer shall only issue one citation per traffic stop or investigation of a driver whose vehicle exceeds the maximum idling limits established pursuant to this section. G. For the purposes of this section, "idling" means the operation of an engine in the operating mode where the engine is not engaged in gear, where the engine operates at a ------- speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released and there is no load on the engine. Arizona - Maricopa County Vehicle Idling Restriction Ordinance SECTION 1 - GENERAL A. PURPOSE: The Vehicle Idling Restriction Ordinance restricts, from idling for more than five (5) consecutive minutes, any device or combination of devices that meets all of the following criteria: 1. designed with a gross vehicle weight rating of more than 14,000 pounds; and 2. required under Arizona law (Arizona Revised Statute [ARS] Title 28 Chapters 7 and 9) to be registered; and 3. designed to operate on public highways; and 4. powered by a diesel engine. B. APPLICABILITY: This Vehicle Idling Restriction Ordinance applies to vehicle idling within Maricopa County. SECTION 2 - DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply: A. COMBINATION OF DEVICES - The coupling of two or more pieces of equipment that consist of the device which contains the diesel engine and an attached piece of equipment, which includes but is not limited to a trailer, cement mixer, refrigeration unit or automobile. B. DISTRIBUTION CENTER - A place with multiple bays where vehicles load or unload materials. C. GROSS VEHICLE WEIGHT RATING - The maximum vehicle weight for which the vehicle is designed as established by the manufacturer. 1 D. IDLING - The operation of a diesel engine when the engine is not engaged in gear.2 E. POWER TAKE OFF (PTO) MECHANISM - A unit that provides power from the engine to a trailer or other equipment. 1 Mirrors the definition in Rl8-2-1001.36. 2 Federal definition: "Curb-idle" means: (1) For manual transmission code light-duty trucks, the engine speed with the transmission in neutral or with the clutch disengaged. For automatic transmission code light-duty trucks, curb-idle means the engine speed with the automatic transmission in the Park position (or Neutral position if there is no Park position); (2) For manual transmission code heavy-duty engines, the manufacturer's recommended engine speed with the clutch disengaged. For automatic transmission code heavy-duty engines, curb idle means the manufacturer's recommended engine speed with the automatic transmission in gear and the output shaft stalled. 4 F. PRIMARY PROPULSION ENGINE - Any engine for which the primary function is to provide mechanical power to propel or direct a vehicle, regardless of whether that power is applied directly to the propeller shaft or indirectly by way of an electrical system. ------- G TRUCK STOP - A place of business that provides services to drivers and their vehicles in which the service time may exceed one (1) hour. H. VEHICLE - Any device or combination of devices with a gross vehicle weight rating of more than 14,000 pounds, required under Arizona law (ARS Title 28 Chapters 7 and 9) to be registered, designed to operate on public highways and powered by a diesel engine. 3 3 Note: AAC Rl 8-2-101(69): "motor vehicle" means any self-propelled vehicle designed or transporting persons or property on public highways; ARS 44-1301: "motor vehicle" means any automobile, motorcycle, truck, trailer, semi trailer, truck tractor and semi trailer combination or other vehicle operated on the roads of this state, used to transport person or property and propelled by power other than muscular power, but motor vehicle does not include traction engines, vehicles that run only on a track, bicycles or mopeds; ARS 49-541(16): "Vehicle" means any automobile, truck, truck tractor, motor bus or self-propelled or motor-driven vehicle registered or to be registered in this state and used upon the public highways of this state for the purpose of transporting persons or property, except implements of husbandry, road rollers or road machinery temporarily operated upon the highway. ARS 49-581: "Motor vehicle" means any self-propelled vehicle including a car, van, bus or motorcycle and all other motorized vehicles; ARS 28-101(29): "Motor vehicle": (a) means either: (i) A self-propelled vehicle; (ii) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel, (b) Does not include a motorized wheelchair or a motorized skateboard. For the purposes of this subdivision: (i) "motorized wheelchair" means a self- propelled wheelchair that is used by a person for mobility. (Ii) "motorized skateboard" means a self-propelled device that has a motor, a deck on which a person may ride and at least two tandem wheel in contact with the ground. ARS 28-101(50): "Truck" means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying. ARS 28-101 (51): "Truck tractor" means a motor vehicle that is designed and used primarily for drawing other vehicles and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn. ARS 28-101 (52): "Vehicle" means a device in, on or by which a person or property is or may be transported or drawn on a public highway, excluding devices moved by human power or used exclusively on stationary rails or tracks. ARS 28-101 (53): "Vehicle transporter" means either: (a) A truck tractor capable of carrying a load and drawing a semi trailer; (b) A truck tractor with a stinger-steered fifth wheel capable of carrying a load and drawing a semi trailer or a truck tractor with a dolly mounted fifth wheel that is securely fastened to the truck tractor at two or more points and that is capable of carrying a load and drawing a semi trailer. Rl 7-4-43 5: "Motor carrier" as defined in ARS § 28-5201 except a motor carrier transporting passengers for hire in a vehicle with a design capacity of 6 or fewer persons. ------- ARS 28-5201: "Motor vehicle" means a self-propelled motor driven vehicle or vehicle combination, except a lightweight motor vehicle, that is used on a public highway in the furtherance of a commercial enterprise. In research done by ADEQ, no definitions exist for "heavy duty motor vehicle," or "heavy duty diesel engine." SECTION 3 - REQUIREMENTS A. ORDINANCE - No owner or operator of a vehicle shall permit the engine of such vehicle to idle for more than five (5) consecutive minutes except as provided in Section 4 (Exemptions) of this ordinance. B. VIOLATION - Any owner or operator who violates this ordinance is subject to a civil penalty of $100 for the first violation and $300 for a second or any subsequent violation. 4 C. SIGN - Each truck stop owner or operator and distribution center owner or operator shall erect and maintain a permanent sign(s) that is at least 12 inches by 18 inches in size indicating that the maximum idle time allowed in Maricopa County is 5 minutes. The sign(s) shall be posted in a conspicuous location, near the dispatcher, if applicable. In addition to the above, the sign shall at a minimum contain language outlining the following: 1. The County's vehicle idling information line, and 2. The amount of money the violator will be fined. SECTION 4 - EXEMPTIONS: This ordinance shall not apply when: A. A vehicle is forced to remain motionless because of traffic or adverse weather conditions affecting the safe operation of the vehicle. B. A vehicle is being operated for emergency or law enforcement purposes. C. The primary propulsion engine of a vehicle meets all of the following criteria: 1. is providing a power source necessary for mechanical operations other than propulsion; and 2. involves a power take off (PTO) mechanism, or other mechanical device performing the same function as a PTO; and 3. is powered by the engine for: a. loading and unloading cargo, or b. mixing or processing cargo, or c. controlling cargo temperature, or d. providing a mechanical extension to perform work functions. D. The primary propulsion engine of a vehicle is being operated at idle to conform to manufacturer's warm up and cool down specifications, for maintenance or diagnostic purposes, or by manufacturers engaging the engines in testing for research and development. 4 Attorney General's Office (AGO) interpretation is that ARS Title 28 allows any law enforcement officer to enforce ARS 11-876, which authorized this ordinance, on private and/or public property. 6 E. The primary propulsion engine of a vehicle is being operated to supply heat or air conditioning necessary for passenger comfort/safety in those vehicles operating for ------- commercial passenger transportation or school purposes up to a maximum of 30 minutes/hour. If ambient temperatures exceed 75 degrees Fahrenheit, passenger buses are allowed to idle up to a maximum of 60 minutes in any 90-minute time period. F. The primary propulsion engine of a vehicle is being operated to comply with the U.S. Code of Federal Regulation 49 CFRPart 395 and the Arizona Department Of Transportation (DOT) regulation Rl7-5-202 referencing hours of service restrictions. ------- California Section 2485. Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling. (a) Purpose. The purpose of this airborne toxic control measure is to reduce public exposure to diesel particulate matter and other air contaminants by limiting the idling of diesel-fueled commercial motor vehicles. (b) Applicability. This section applies to diesel-fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds that are or must be licensed for operation on highways. (c) Requirements. (1) The driver of any vehicle subject to this section shall not idle the vehicle's primary diesel engine or operate a diesel-fueled auxiliary power system (APS) for greater than 5.0 minutes at any location, except as noted in Subsection (d); and (2) The owner of any vehicle subject to this section who installs or has installed on that vehicle on or after the effective date of this section an auxiliary power system (APS) powered in whole or in part by an internal combustion engine, must, at time of installation, install or have installed an APS that is certified to the more stringent of California or federal standards for newly manufactured offroad or nonroad engines, respectively, applicable on the date of installation. (d) Exceptions. Subsection (c) does not apply for the period or periods during which (1) a bus is idling for (A) up to 10.0 minutes prior to passenger boarding, or (B) when passengers are onboard; (2) idling of the main engine or operating the diesel-fueled APS is necessary to power a heater, air conditioner, or any ancillary equipment during sleeping or resting in a sleeper berth before January 1, 2009. This A - 2 provision does not apply when operating within 100 feet of a restricted area; (3) idling when the vehicle must remain motionless due to traffic conditions, an official traffic control device, or an official traffic control signal over which the driver has no control, or at the direction of a peace officer; (4) idling when the vehicle is queuing that at all times is beyond 100 feet from any restricted area; (5) idling when forced to remain motionless due to immediate adverse weather conditions affecting the safe operation of the vehicle or due to mechanical difficulties over which the driver has no control; (6) idling to verify that the vehicle is in safe operating condition as required by law and that all equipment is in good working order, either as part of a daily vehicle inspection or as otherwise needed, provided that such engine idling is mandatory for such verification; (7) idling is mandatory for testing, servicing, repairing, or diagnostic purposes; ------- (8) idling when providing a power source for equipment or operations, other than transporting passengers or propulsion, which involve a power take off or equivalent mechanism and is powered by the primary engine for: (A) controlling cargo temperature, operating a lift, crane, pump, drill, hoist, mixer, or other auxiliary equipment; or (B) providing mechanical extension to perform work functions for which the vehicle was designed and where substitute alternate means to idling are not reasonably available; (9) idling when operating defrosters, heaters, air conditioners, or other equipment solely to prevent a safety or health emergency; and (10) idling by authorized emergency vehicles while in the course of providing services for which the vehicle is designed; ------- Colorado - Denver Municipal Code Sec. 4-43. Idling restriction. (a) Effective July 1, 1990, no person shall allow a vehicle to idle for more than ten (10) minutes in any one-hour period unless: (1) The ambient outside air temperature has been less than twenty (20) degrees Fahrenheit for the previous twenty-four-hour period; or (2) The ambient outside air temperature is less than ten (10) degrees Fahrenheit. (b) The idling restriction in subsection (a) shall not apply to emergency vehicles; to vehicles engaged in traffic operations; to vehicles which are being serviced; to vehicles that must idle to operate auxiliary equipment, including but not limited to pumps, compressors or refrigeration units; or to vehicles en route to a destination that are stopped by traffic congestion. (Ord. No. 330-90, 6-4-90) ------- Connecticut (3) Mobile sources. Except as provided in subsection (j) of this section, no person shall cause or allow: (A) Any visible emissions from a gasoline powered mobile source for longer than five (5) consecutive seconds; (B) Visible emissions from a diesel powered mobile source of a shade or density equal to or darker than twenty percent (20%) opacity for more than ten (10) consecutive seconds, during which time the maximum shade or density shall be no darker than forty percent (40%) opacity; or (C) A mobile source to operate for more than three (3) consecutive minutes when such mobile source is not in motion, except as follows: (i) When a mobile source is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control, (ii) When it is necessary to operate defrosting, heating or cooling equipment to ensure the safety or health of the driver or passengers, (iii) When it is necessary to operate auxiliary equipment that is located in or on the mobile source to accomplish the intended use of the mobile source, (iv) To bring the mobile source to the manufacturer's recommended operating temperature, (v) When the outdoor temperature is below twenty degrees Fahrenheit (20 degrees F), (vi) When the mobile source is undergoing maintenance that requires such mobile source be operated for more than three (3) consecutive minutes, or EFFECTIVE APRIL 1,2004 (vii) When a mobile source is in queue to be inspected by U.S. military personnel prior to gaining access to a U.S. military installation. (j) Excepted activities. (1) The owner or operator of a stationary source shall not be subject to the visible emissions standards of subdivision (b)(2) of this section for measurements of opacity using opacity CEM equipment during a period of startup, shutdown or malfunction; commissioner-approved stack testing; or intentional sootblowing, fuel switching or sudden load changing done in accordance with good engineering practices provided that: (A) The owner or operator is required by permit, order or regulation to install, operate and maintain opacity CEM equipment at such stationary source, and the owner or operator is in compliance with such permit, order or regulation with regard to such opacity CEM equipment. If a stationary source is not subject to a permit, order or regulation requiring operation and maintenance of opacity CEM EFFECTIVE APRIL 1, 2004 9 equipment, an owner or operator may certify on a form acceptable to the commissioner that: (i) The owner or operator of such stationary source has installed opacity CEM equipment that meets the applicable criteria of 40 CFR 60, Appendices B and F, and (ii) The owner or operator operates and maintains such installed opacity CEM equipment in compliance with the requirements of 40 CFR 60, Appendices B and F; (B) The period of exception from the visible emissions standards of subdivision (b)(2) ------- of this section does not exceed one-half of one percent (0.5%) of the total operating hours of such stationary source during any calendar quarter; and (C) The owner or operator of the stationary source does not cause or allow visible emissions in excess of sixty percent (60%) opacity during any six-minute block average of the period of exception from the visible emissions standards of subsection (b)(2) of this section. (2) The owner or operator of an emissions unit that is subject to a visible emissions standard pursuant to a new source performance standard set forth in 40 CFR 60 shall not be subject to the visible emissions standards of subsections (b)(l) and (b)(2) of this section. (3) Except for the use of open-bodied trucks and trailers subject to the requirements of subsection (c)(l)(D) of this section, a person engaged in agricultural operations shall be exempt from the requirements of subsection (c)(l) of this section provided such operations follow generally accepted agricultural practices and are in compliance with section 19a-341 of the Connecticut General Statutes. (4) The owner or operator of any of the following sources shall be exempt from the requirements of subsection (b)(3) of this section: (A) An antique mobile source over thirty years old; (B) A mobile source used exclusively for racing; (C) A mobile source while it is undergoing a mechanical repair or testing that affects the emission of visible air pollutants from such source; (D) An aircraft; (E) A locomotive operating on rails; (F) A vessel operating on water; and (G) Commonly used residential lawn, garden and snow removal equipment. 10 ------- Delaware Article 45 Excessive Idling of Heavy Duty Vehicle 03/11/05 Section 1 - Applicability This regulation applies to all on-road heavy-duty motor vehicles with a gross vehicle weight rating (GVWR) of greater than 8,500 pounds operating in the State of Delaware. 03/11/05 Section 2 - Definitions The following definitions are applicable to this regulation: Emergency vehicle means any publicly owned and operated ambulance, lifeguard, or lifesaving equipment or any privately owned or operated vehicle which is responding to an emergency call. Any publicly owned vehicle operated by the following persons, agencies, or organizations: (a) any federal, state, or local agency, department, or district employing peace officers for use by those officers in the performance of their duties, and; (b) any forestry or fire department of any public agency or fire department. Any vehicle owned or operated for the purpose of: (a) fighting fires, (b) towing or servicing other vehicles, (c) caring for injured persons, or (d) repairing, maintaining and restoring public utility services necessary for the health and/or safety by any of the following: (1) the state, (2) a bridge and highway district, (3) a municipality and (4) a public or private utility. Any state-owned vehicle used in responding to emergency fire, rescue or communications calls and operated either by the Delaware Emergency Management Agency or by any public agency or industrial fire department to which the Delaware Emergency Management Agency has assigned the vehicle. Any vehicle owned or operated by any department or agency of the United States government when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work. Any emergency vehicle which a permit has been issued by the Superintendent of the Delaware State Police. On-road heavy-duty motor vehicle means any vehicle with a gross vehicle weight rating (GVWR) of greater than 8,500 pounds which is self- propelled and designed for transporting persons or property, including but not limited to trucks, buses, and farm vehicles. 03/11/05 Section 3 - Severability Each section of this regulation shall be deemed severable. If any section of this regulation is held to be invalid, the remainder shall continue in full force and effect. 03/11/05 Section 4 - Operational Requirements for Heavy Duty Motor Vehicles. 11 ------- The owner or operator of an on-road heavy duty motor vehicle shall comply with the following operational requirements unless specifically exempted from the operational requirements for these motor vehicles: No on-road heavy duty motor vehicle shall be allowed to operate for more than three (3) consecutive minutes when the vehicle is not in motion. 03/11/05 Section 5 - Exemptions any on-road heavy duty motor vehicle which is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control; or any situation where it is necessary to bring the on-road heavy duty vehicle to the manufacturer's recommended operating temperature; or any situation when the on-road heavy duty vehicle is being repaired; or any emergency vehicle defined in Section 2 of this regulation; or any vehicle using auxiliary power for equipment to perform the intended operation of the vehicle, including, by way of example, a power take off generator for any utility truck; or_any vehicle idling for the necessary power for a heater, air conditioner, or any ancillary equipment during sleeping or resting in a sleeper berth such that the vehicle's location is not within 25 miles of a parking facility with available truckstop electrification equipment, either shore power or an advance system that is approved by the Department including meeting all compatibility requirements with existing onboard truck shorepower equipment; or_any vehicle idling to verify that the vehicle is in safe operating condition as required by law and that all equipment is in good working order, either as part of a daily vehicle inspection or as otherwise needed, provided that such engine idling is mandatory for such verification; or any transit or school bus for up to five (5) minutes prior to passenger boarding; or any transit or school bus when passengers are onboard; or any vehicle when providing heat to the occupant and when the temperature is between -23 and 0 C, or -10 and 32 F, an engine shall not idle for more than 15 consecutive minutes; or when the temperature is below -23 C or -10 F, and where no nuisance is created, an engine shall not be subject to idling restrictions [, or] any military tactical vehicle engaged in training operations. 03/11/05 Section 6 - Enforcement and Penalty This regulation is enforceable under Title 7 Chapter 60, §§ 6005 and 6013 of the Delaware Code. Violators are subject to a penalty of not less than fifty dollars ($50) and not more than five-hundred dollars ($500) for each offence. 12 ------- District of Columbia Engine Idling The engine of a gasoline or diesel powered motor vehicle, the engine of a public Vehicle for hire, including buses with a seating capacity of twelve (12) or more persons, on public or private space shall not idle for more than three (3) minutes while the motor vehicle is parked, stopped, or standing, including for the purpose of operating air conditioning equipment in those vehicles, except as follows: A) To operate private passenger vehicles; B) To operate power takeoff equipment including, dumping, cement mixers, refrigeration systems, content delivery, winches, or shredders; or C) To idle the engine for five (5) minutes to operate heating equipment when the ambient temperature is thirty-two degrees Fahrenheit (32°) or below. The Air Quality Compliance and Enforcement Branch of the District of Columbia Environmental Health Administration actively enforces this regulation. Any person or organization that owns and /or operates a vehicle in violation of this regulation will be issued a civil infraction ticket for $650. Once a person is convicted of violating the engine idling regulation, the fine for subsequent tickets is doubled until the maximum penalty of $5,200 is reached. The District of Columbia Environmental Health Administration requests that all operators observe the engine idling regulation while visiting the District of Columbia. Your cooperation is appreciated. 13 ------- Georgia - Atlanta City Ordinance of Atlanta Sec. 150-97. Restrictions for trucks, buses. (a) Time limit for trucks. No person shall park or stand any truck or other freight- carrying vehicle, including any truck tractor, in excess of one-half ton capacity upon any public street or highway for longer than one hour at any time during the day or no person shall park any truck or other freight-carrying vehicle, including any truck tractor or their cabs, in excess of one-half ton capacity upon any public street or highway from 6:00 p.m. to 8:00 a.m. during standard time and from 8:00 p.m. to 7:00 a.m. during day light savings time. (b) Attendant required for certain trucks, buses. No person shall stop or stand any truck or bus with a body more than eight feet wide or ten feet high on any street or public place without the driver or chauffeur being actually present and in charge thereof. (c) Time limit for idling. No person shall stop or stand any truck or bus on any street or public place and idle for more than 15 minutes. A violation of this subsection shall, upon conviction, be punishable by a minimum fine of $500.00. This limitation shall not apply under the following conditions: (1) Emergency vehicles, utility company, construction and maintenance vehicles where the engines must run to perform needed work; (2) Truck or bus is forced to remain motionless because of traffic conditions; (3) Truck or bus is being used to supply heat or air conditioning necessary for passenger safety or comfort, and such truck or bus is being used for commercial passenger transportation or is a transit authority bus or school bus, in which idling shall be limited to a maximum of 25 minutes; (4) If the ambient temperature is less than 32 degrees Fahrenheit, idling shall be limited to a maximum of 25 minutes; or (5) Any vehicle, truck, bus, or transit authority bus in which the primary source of fuel is Natural Gas (CNG) or electricity shall be exempt from the idling limitations set forth in this section. (Code 1977, § 13-2238; Ord. No. 2001-8, § 1, 2-13-01; Ord. No. 2002-84, § 1, 11-26-02) 14 ------- Hawaii §11-60.1-34 Motor vehicles. (a) No person shall operate a gasoline-powered motor vehicle which emits visible smoke while upon streets, roads, or highways. (b) No person shall operate a diesel-powered motor vehicle which emits visible smoke for a period of more than five consecutive seconds while upon streets, roads, or highways. (c) No person shall cause, suffer, or allow any engine to be in operation while the motor vehicle is stationary at a loading zone, parking or servicing area, route terminal, or other off street areas, except: (1) During adjustment or repair of the engine at a garage or similar place of repair; (2) During operation of ready-mix trucks, cranes, hoists, and certain bulk carriers, or other auxiliary equipment built onto the vehicle or equipment that require power take-off from the engine, provided that there is no visible discharge of smoke and the equipment is being used and operated for the purposes as originally designed and intended. This exception shall not apply to operations of air conditioning equipment or systems; (3) During the loading or unloading of passengers, not to exceed three minutes; and (4) During the buildup of pressure at the startup and cooling down at the closing down of the engine for a period of not more than three minutes. 15 ------- Maryland (3) A motor vehicle engine may not be allowed to operate for more than 5 consecutive minutes when the vehicle is not in motion, except as follows: (i) When a vehicle is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control; (ii) When it is necessary to operate heating and cooling or auxiliary equipment installed on the vehicle; (iii) To bring the vehicle to the manufacturer's recommended operating temperature; or (iv) When it is necessary to accomplish the intended use of the vehicle. 16 ------- Massachusetts Motor Vehicles Chapter 90: Section 16A Stopped motor vehicles; operation of engine; time limit; penalty Section 16A. No person shall cause, suffer, allow or permit the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes. This section shall not apply to (a) vehicles being serviced, provided that operation of the engine is essential to the proper repair thereof, or (b) vehicles engaged in the delivery or acceptance of goods, wares, or merchandise for which engine assisted power is necessary and substitute alternate means cannot be made available, or (c) vehicles engaged in an operation for which the engine power is necessary for an associate power need other than movement and substitute alternate power means cannot be made available provided that such operation does not cause or contribute to a condition of air pollution. Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars for the first offense, nor more than five hundred dollars for each succeeding offense. 17 ------- Minnesota - Owatonna City Section 900:10. Idling of Engines in Residential Districts. No person shall have or allow a motor vehicle engine to idle in residential districts of this City, as defined in Ordinance No. 827 (Owatonna Zoning Ordinance), for longer than fifteen (15) minutes. No idling period shall be repeated at shorter intervals than five (5) hours. Minnesota - St. Cloud City Section 706:00 (1977) Section 706 - Air Quality Measures Section 706:00. Purpose. In order to implement elements of the City's transportation control plan for air quality improvements, measures must be taken to control the parking and movement of vehicles on West St. Germain Street from its intersection with 8th Avenue to its intersection with 10th Avenue. Efforts must be focused on those hours of the day in greatest need of air quality improvement, presently 8 a.m. to 5 p.m. Section 706:05. Double Parking. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device on the roadway side of any vehicle stopped or parked at either edge or curb of that portion of West St. Germain Street from its intersection with 8th Avenue to its intersection with 10th Avenue. Section 706:10. Idling of Engines. No person who has stopped or parked a vehicle at the edge or curb of that portion of West St. Germain Street from its intersection with 8th Avenue to its intersection with 10th Avenue shall idle or otherwise leave the engine of that vehicle running for a period of time in excess of 5 minutes. Section 706:20. Delivery Vehicles. Parking space for delivery vehicles shall be established on the south side of West St. Germain between the intersection with 8th Avenue and its intersection with 9th Avenue. The parking shall be 65 feet in length. It shall be a violation of this ordinance for any vehicle other than designated delivery vehicles to stop or park in the established space. Section 706:25. Posting. Signs shall be posted and maintained to give notice of the provisions of Section 706 as follows: 1. No double parking. Two signs to a block on both sides of St. Germain Street from its intersection with 8th Avenue to its intersection with 10th Avenue (total of 8 signs). 2. Delivery vehicles only. Two signs shall be posted designating the zone and indicating its limits. The curb within said zone shall be painted to indicate its limits. Section 706:30. Enforcement. Law enforcement personnel shall concentrate enforcement efforts between the hours of 8 a.m. and 5 p.m. in respect to violations of provisions of Section 706 as well as all other traffic regulations affecting West St. Germain Street from its intersection with 8th Avenue to its intersection with 10th Avenue. 18 ------- Missouri - St. Louis D. Motor vehicles, except for emergency vehicles, shall not operate in idle for more than ten (10) consecutive minutes. 19 ------- Nevada NAC 445B.576 Vehicles powered by gasoline or diesel fuel: Restrictions on visible emissions and on idling of diesel engines. (NRS 445B.210, 445B.760, 445B.770, 445B.785) 4. Except as otherwise provided in this subsection, a person shall not idle the engine of a diesel truck or a bus for more than 15 consecutive minutes. The provisions of this subsection do not apply to a diesel truck or a bus: (a) For which the Commission has issued a variance from the requirements of this subsection. A variance is not effective during an air pollution emergency as defined in the air quality plan for the State of Nevada. (b) Which is an emergency vehicle. (c) Used for the removal of snow. (d) Used to repair or maintain other motor vehicles. (e) Which is stopped because of traffic congestion while in transit on a highway, roadway or street. (f) Which is idling while a repair or maintenance is being performed on it at a shop or facility for the repair and maintenance of motor vehicles. (g) The emission from which is contained and treated by a method approved by the Commission. (h) The engine of which must idle to perform a specific task for which it is designed such as well drilling, trenching or hoisting. Such a diesel truck or a bus may not idle for more than 15 consecutive minutes during an air pollution emergency as defined in the air quality plan for the State of Nevada. Nevada - Clark County 45.1 Diesel Powered Motor Vehicle Idling Except as otherwise provided in this subsection, a person shall not idle the engine of a diesel truck or a diesel bus for more than 15 consecutive minutes. The provisions of this subsection do not apply to a diesel truck or a bus: (a) For which the Clark County Air Pollution Control Hearing Board has issued a variance from the requirements of this subsection. A variance is not effective during an air pollution emergency episode stage declared by the Department of Air Quality and Environmental Management. (b) Which is an emergency vehicle. (c) Used to repair or maintain other MOTOR VEHICLES. (d) Which is stopped because of traffic congestion while in transit on a highway, roadway or street. (e) The EMISSION from which is contained and treated by a method approved by the CONTROL OFFICER. (f) The engine of which must idle to perform a specific task for which is it designed such as well drilling, trenching or hoisting. Such an engine may not idle for more than 15 20 ------- consecutive minutes during an air quality emergency episode stage declared by the Department of Air Quality and Environmental Management. (g) Which is idling while maintenance procedures are being performed at a repair facility. Nevada - Washoe County 040. 200 Diesel Engine Idling (Amended 12/15/93) Except as otherwise provided in this subsection, a person shall not idle the engine of a diesel truck or a bus for more than 15 consecutive minutes. The provisions of the subsection do not apply to a diesel truck or a bus: A. Which is an emergency vehicle B. Used for the removal of snow C. Used to repair or maintain other motor vehicles D. Which is traveling on a public right of way from one place to another E. The engine of which must idle to perform a specific task for which it is designed such as well drilling, trenching or hoisting. Such a diesel truck or a bus may not idle for more than 15 consecutive minutes during an air pollution emergency episode stage declared by the Health Authority. When idling is necessary as part of a maintenance procedure performed at a repair facility 21 ------- New Hampshire Env-A1101.05 Operational Requirements for Diesel-Powered Motor Vehicles. The owner or operator of a diesel-powered motor vehicle shall comply with the following operational requirements unless specifically exempted from the operational requirements for diesel powered motor vehicles: (a) When the temperature is above 0 °C or 32 °F, a diesel engine shall not idle for more than 5 consecutive minutes; (b) When the temperature is between -23 and 0 °C, or -10 and 32 °F, a diesel engine shall not idle for more than 15 consecutive minutes; or (c) When the temperature is below -23 °C or -10 °F, and where no nuisance is created, a diesel engine shall not be subject to idling restrictions. Source. #6343-B, eff 9-28-96, EXPIRED: 9-28-04 New. #8200, INTERIM, eff 11-6-04, EXPIRES: 5-5-05 Env-A1101.06 Exemptions From the Operational Requirements for Diesel-Powered Motor Vehicles. The owner or operator of a diesel-powered motor vehicle shall be exempted from the operational requirements for diesel-powered motor vehicles when any one of the following conditions exists: (a) When a diesel-powered motor vehicle is forced to remain motionless because of traffic conditions over which the operator has no control; (b) When a diesel-powered motor vehicle is being used as an emergency motor vehicle; (c) When a diesel engine is providing power takeoff for refrigeration, lift gate pumps or other auxiliary uses, or supplying heat or air conditioning necessary for passenger comfort in those vehicles intended for commercial passenger transportation; (d) When a diesel-powered motor vehicle is being operated by a mechanic for maintenance or diagnostic purposes; or (e) When a diesel-powered motor vehicle is being operated solely to defrost a windshield. 22 ------- New Jersey (a) No person shall cause, suffer, allow, or permit the engine of a diesel-powered motor vehicle to idle for more than three consecutive minutes if the vehicle is not in motion, except: 1. A motor vehicle at the vehicle operator's place of business where the motor vehicle is permanently assigned may idle for 30 consecutive minutes; or 2. A motor vehicle may idle for 15 consecutive minutes when the vehicle engine has been stopped for three or more hours. (b) The provisions of (a) above shall not apply to: 1. A diesel bus while it is discharging or picking up passengers; 2. A motor vehicle stopped in a line of traffic; 3. A motor vehicle whose primary power source is utilized in whole or in part for necessary and definitively prescribed mechanical operation other than propulsion, passenger compartment heating or passenger compartment air conditioning; 4. A motor vehicle being or waiting to be examined by a State or Federal motor vehicle inspector; 5. An emergency motor vehicle in an emergency situation; 6. A motor vehicle while it is being repaired; 7. A motor vehicle while it is engaged in the process of connection or detachment of a trailer or of exchange of trailers; or 8. A motor vehicle, manufactured with a sleeper berth, while it is being used, in a non-residentially zoned area, by the vehicle's operator for sleeping or resting, unless the vehicle is equipped with a functional auxiliary power system designed in whole or in part to maintain cabin or sleeper berth comfort or to mitigate cold weather start-up difficulties. 23 ------- New York Idling §217-3.1 Applicability. This Part shall apply to all on-road heavy duty vehicles propelled by diesel fueled and non-diesel fueled engines excluding marine vessels. Heavy duty vehicle means a vehicle that has a GVWR exceeding 8,500 pounds and is designed primarily for transporting persons or properties. §217-3.2 Prohibitions. No person who owns, operates or leases a heavy duty vehicle including a bus or truck, the motive power for which is provided by a diesel or non-diesel fueled engine or who owns, leases or occupies land and has the actual or apparent dominion or control over the operation of a heavy duty vehicle including a bus or truck present on such land, the motive power for which said heavy duty vehicle is provided by a diesel or non-diesel fueled engine, shall allow or permit the engine of such heavy duty vehicle to idle for more than five consecutive minutes when the heavy duty vehicle is not in motion, except as otherwise permitted by section 217-3.3 of this Subpart. § 217-3.3 Exceptions. The prohibitions of section 217-3.2 of this Subpart shall not apply when: (a) A diesel or non-diesel fueled heavy duty vehicle including a bus or truck is forced to remain motionless because of the traffic conditions over which the operator thereof has no control. (b) Regulations adopted by Federal, State or local agencies having jurisdiction require the maintenance of a specific temperature for passenger comfort. The idling time specified in section 217-3.2 of this Subpart may be increased, but only to the extent necessary to comply with such regulations. (c) A diesel or non-diesel fueled engine is being used to provide power for an auxiliary purpose, such as loading, discharging, mixing or processing cargo; controlling cargo temperature; construction; lumbering; oil or gas well servicing; farming; or when operation of the engine is required for the purpose of maintenance. (d) Fire, police and public utility trucks or other vehicles are performing emergency services. (e) Trucks owned or operated by persons engaged in mining and quarrying are used within the confines of such person's property. (f) A diesel fueled truck is to remain motionless for a period exceeding two hours, and during which period the ambient temperature is continuously below 25°F. (g) A heavy duty diesel vehicle, as defined in subdivision 217-5. l(o) of this Part, that is queued for or is undergoing a state authorized periodic or roadside diesel emissions inspection pursuant to Subpart 217-5 of this Part. (h) A hybrid electric vehicle, as defined in subdivision 217-5. l(r) of this Part, idling for the purpose of providing energy for battery or other form of energy storage recharging. (i) Heavy duty vehicles used for agricultural purposes on a farm. (j) Electric powered vehicles. 24 ------- New York - New York City 1. Idling of vehicle engines prohibited. Except as provided for buses in paragraph (p)(2) hereof, no person shall cause or permit the engine of any vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than three minutes while parking, standing or stopping unless the engine is being used to operate a loading, unloading or processing device. 2. Idling of bus engines prohibited. No person shall cause or permit the engine of any bus to idle at a layover or terminal location, whether or not enclosed, when the ambient temperature is in excess of forty (40) degrees Fahrenheit. When the ambient temperature is forty (40) degrees Fahrenheit or less, no person shall cause or permit any bus to idle for longer than three minutes at any layover or terminal location. For the purpose of this rule, at a layover or terminal location a bus engine shall not be deemed to be idling if the operator is running the engine in order to raise the air pressure so as to release the air brakes, provided however, that this shall not exceed a period of three minutes. 25 ------- Pennsylvania - Allegheny County School Bus Idling Regulation §2105.91 School Bus Idling (This Section to be added to Article XXI. Effective October 10,2004.} a. Applicability. This Section applies to the operation of every heavy-duty diesel powered school bus. b. General. 1. No school bus driver shall cause or allow the engine of any school bus subject to this section to idle prior to, during layover between, at the destination of, or at the conclusion of, any trip or route for more than five (5) consecutive minutes, except under the conditions described in Subsection c, below. 2. No school bus driver shall cause or allow the engine of a school bus subject to this section to be accelerated while idling, unless such action is taken in order to operate other equipment. 3. A school bus driver shall not park or idle a bus within 100 feet from a known and active school air intake system, unless the school district has determined that alternative locations block traffic, impair student safety or are not cost effective. c. Exemptions. This section does not apply for the period or periods during which idling is necessary under the following circumstances: 1. Traffic Conditions. A. For traffic conditions over which the driver has no control; B. For an official traffic control device or signal; or C. At the direction of a uniformed police officer or one of those persons authorized to direct traffic by the Vehicle Code, 67 Pa. Code §101.2. 2. Queuing at a School. Where the physical configuration of a school requires a queue of buses for the sequential discharge or pickup of students, and the queue of buses is actively engaged in the discharge or pickup of students. 3. Turbo-charged Diesel Engine Cool Down or Warm Up. When the manufacturer's specifications require more time than the five minute limitation in §2105.91.b.l, above, to cool down or warm up a turbo-charged diesel engine. 4. Cold/Hot Weather. A. If the outside temperature is less than 40°F, then idling is allowed for a period or periods aggregating not more than 20 minutes in any 60 minute period; or B. If the outside temperature is greater than 75°F and the bus is equipped with air conditioning, then idling is allowed for a period or periods aggregating not more than 20 minutes in any 60 minute period. 5. Safety and Emergencies. A. To ascertain that the school bus is in safe operating condition and equipped as required by all provisions of law, and all equipment is in good working order, either as part of the driver's daily vehicle inspection, or as otherwise needed; B. To operate the flashing signal lamps and/or stop signal arm devices; C. To operate defrosters, or other equipment to ensure the safe operation of the vehicle, or as otherwise required by federal or state motor carrier safety regulations, or other local 26 ------- requirements; D. To operate a heater or an air conditioner of a bus that has, or will have, one or more children aboard with temperature sensitive disabilities; E. To operate a lift or other piece of equipment designed to ensure safe loading, unloading, or transport of persons with one or more disabilities; or F. Use of school bus as an emergency vehicle. School Bus Idling Regulation 6. Maintenance of Operations. A. For testing, servicing, repairing, or diagnostic purposes; or B. To recharge a battery or other energy storage unit of a hybrid electric bus. d. Signage. Each school bus distribution center shall erect and maintain in a conspicuous location, a permanent sign(s) that is at least 12 inches by 18 inches in size indicating: 1. This school bus idling regulation in succinct language, and 2. The amount of money a violator will be fined. e. Training. A motor carrier of a school bus shall ensure that the school bus driver, upon employment and at least once per year thereafter, is informed of the requirements of this Section and of the consequences of not complying with those requirements. f. Penalties. Not withstanding the provisions of Part I of this Article, violators of this Section are subject to: 1. A warning for the first offense; 2. A penalty of $100 for the second offense; or 3. A penalty of $500 for the third offense, and any subsequent offenses. g. Enforcement. Not withstanding any other provisions of this Article the prohibitions of this Section may be enforced by any municipal or local government unit having jurisdiction over the place where the idling occurs. Such enforcement shall be in accordance with the laws governing such municipal or local government unit and the Pa. Air Pollution Control Act. In addition, the Department may pursue the remedies provided by §2109.02 of this Article for any violation of this Section. h. Relationship to Other Law. Nothing in this Section allows idling in excess of other applicable law, including, but not limited to any local ordinance or requirement as stringent as, or more stringent than, this Section. School Bus Idling Regulation §2101.20 DEFINITIONS (These definitions are to be added to Article XXI. Effective October 10, 2004.} The following terms are defined for the purposes of this section: 27 ------- "Diesel" means type of engine with operating characteristics significantly similar to the theoretical Diesel combustion cycle. The non-use of a throttle during normal operation is indicative of a diesel engine, (ref: 40 CFR 86.090-2) "Gross vehicle weight rating" means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle, (ref: 40 CFR 86.082-2) "Heavy duty" means, with respect to school buses, any school bus rated at more than 8,500 pounds gross vehicle weight rating, or that has a curb weight of more than 6000 pounds (or that has a passenger carrying capacity of more than 12 persons}, (ref: 40 CFR 86.082-2 for non-bracketed portion only) "Hybrid electric bus or vehicle" means any school bus equipped with at least the following two sources of motive energy on board: a. an electric drive motor that must be used to partially or fully drive the bus or vehicle wheels; and b. one of the following: 1. an internal combustion engine; 2. a turbine; or 3. a fuel cell. "Idling" means the operation of an engine when the accelerator is fully released and there is no load on the engine. "Motor carrier" means the registered owner, lessee, licensee, school district superintendent, or bailee of any school bus who operates or directs the operation of any such bus on either a for-hire or not-for-hire basis. "Official traffic control device" means any sign, signal, marking or device, consistent with the Vehicle Code, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, (ref: Vehicle Code, 67 Pa Code §211.1) "Official traffic control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and proceed, (ref: Vehicle Code, 67 Pa Code §211.1) "School" means an institution for the education or training of children, including but not limited to kindergartens, rehabilitation centers, day care centers, Head Start centers, group day care homes, family day care homes and summer camps. (Vehicle Code, 67 Pa Code §171.2). Also, any public or private school used for the purposes of education and instruction of more than 12 school pupils at or below the 12th grade level, but does not include any private school in which education and instruction is primarily conducted in private homes. The term includes any building or structure, playground, athletic field, or other area of school property. The term excludes unimproved school property. "School bus" means a motor vehicle designed to carry 11 passengers or more, including the driver, and used for the transportation of preprimary, primary or secondary school students to or from public, private or parochial schools or events related to these schools or school-related activities, and as further defined in the Vehicle Code, 67 Pa Code §171.2. "School bus driver" means a person who drives a school bus as defined in 75 Pa.C.S. §102 (relating to definitions) or 67 Pa Code §171 (relating to school buses and school 28 ------- vehicles) except an owner or employee of an official inspection station driving the vehicle for the purpose of inspection, (ref: Vehicle Code, 67 Pa Code §71.2) Pennsylvania - Philadelphia SECTION III. IDLING OF DIESEL POWERED MOTOR VEHICLES In addition to the emission limitations set forth in Section II, the following provisions shall apply to the operation of heavy-duty diesel powered motor vehicles: A. No person shall permit, cause, suffer or allow the engine of a heavy-duty diesel powered motor vehicle to idle prior to, during layover between, or at the conclusion of, any trip or route for any period of time beyond that which is reasonably required to attain, or to secure from, normal operating conditions. The maximum allowable period of idling shall not exceed two (2) consecutive minutes or zero (0) for layovers, except under the following conditions: 1. The engine may be idled for a period of up to five (5) consecutive minutes when the ambient temperature is less than 32oF (OoC). 2. The engine may be idled for a period of up to twenty (20) consecutive minutes when the ambient temperature is less than 20oF (-7oC). 3. The engine may be idled for a period of up to twenty (20) consecutive minutes for buses equipped with air conditioning and non-openable windows and the ambient temperature is equal to or greater than 75oF. B. No person shall permit, cause, suffer or allow the engine of a heavy-duty diesel powered motor vehicle to be accelerated while idling at any time. For the purposes of this Section, the term "heavy-duty" shall apply to any motor vehicle with a gross vehicle weight of more than 8500 pounds or with a passenger carrying capacity of more than 12 persons. 29 ------- Texas - Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties §114.512. Control Requirements for Motor Vehicle Idling. No person shall cause, suffer, allow, or permit the primary propulsion engine of a motor vehicle to idle for more than five consecutive minutes when the motor vehicle, as defined in §114.510 of this title (relating to Definitions), is not in motion during the period of April 1 through October 31 of each calendar year. Adopted November 17, 2004 Effective December 9, 2004 §114.517. Exemptions. The provisions of §114.512 of this title (relating to Control Requirements for Motor Vehicle Idling) do not apply to: (1) a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less; (2) a motor vehicle forced to remain motionless because of traffic conditions over which the operator has no control; (3) a motor vehicle being used by the United States military, national guard, or reserve forces, or as an emergency or law enforcement motor vehicle; (4) the primary propulsion engine of a motor vehicle providing a power source necessary for mechanical operation, not including propulsion, and/or passenger compartment heating, or air conditioning; (5) the primary propulsion engine of a motor vehicle being operated for maintenance or diagnostic purposes; (6) the primary propulsion engine of a motor vehicle being operated solely to defrost a windshield; (7) the primary propulsion engine of a motor vehicle that is being used to supply heat or air conditioning necessary for passenger comfort/safety in those vehicles intended for commercial passenger transportation or school buses in which case idling up to a maximum of 30 minutes is allowed; (8) the primary propulsion engine of a motor vehicle used for passenger transit operations in which case idling up to a maximum of 30 minutes is allowed; (9) the primary propulsion engine of a motor vehicle being used as airport ground support equipment; or Texas Commission on Environmental Quality Page 3 Chapter 114 - Control of Air Pollution from Motor Vehicles (10) the owner of a motor vehicle rented or leased to a person who operates the vehicle and is not employed by the owner. Adopted November 17, 2004 Effective December 9, 2004 30 ------- Utah 41-6-105. Motor vehicle left unattended ~ Requirements. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key, placing the transmission in "park" or the gears in "low" or "reverse" if the vehicle has a manual shift, or effectively setting the brakes thereon; and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway. Amended by Chapter 112, 1969 General Session Utah - Salt Lake County 6.8 Vehicle Idling Limitation. No owner or operator of a diesel powered vehicle shall allow or permit such vehicle to remain in an idling mode or condition for a period of time exceeding fifteen (15) minutes. 6.8.1 Exemption to Idling Limitations. Vehicles may be exempted from the idling limitation requirements of Section 6.8 under the following conditions: (a). To supply power to a refrigeration unit for the purpose of cooling the contents of a trailer. (b). To provide heat or air conditioning to a sleeper unit of the vehicle. (c). Emergency vehicles. 6.8.2 Vehicles exempted from the Vehicle Idling Limitations as applicable under section 6.8.1 (a) and (b) of these regulations shall not remain in an idling condition for a period longer than fifteen (15) minutes if located within five hundred (500) feet of any residence. 31 ------- Virginia 1. § 46.2-1224.1. Local ordinances regulating certain parking; penalty. The governing body of any county having the county manager plan of government may by ordinance prohibit idling the engine of a bus for more than ten minutes when the bus is parked, left unattended, or is stopped for other than traffic or maintenance reasons. Violators of such ordinance shall be subject to a civil penalty not to exceed fifty dollars, the proceeds from which shall be paid into the county's general fund. The provisions of this section shall not apply to school buses or public transit buses. (1996, c. 389.) 2. C. In commercial or residential urban areas, propulsion engines of motor vehicles licensed for commercial or public service use shall not be left running for more than three minutes when the vehicle is parked, unless the propulsion engine is providing auxiliary power for other than heating or air conditioning; except that: 1. Tour buses may idle for up to 10 minutes during hot weather in order to maintain power to the air conditioning system; and 2. Diesel powered vehicles may idle for up to 10 minutes to minimize 4-41: 3 restart problems. 32 ------- Proposed State, County & Local Regulations California HEAVY-DUTY DIESEL ENGINE/VEHICLE IDLING EMISSION REDUCTION PROGRAM Proposed Requirements The proposed requirements are divided into the two following applications: (1) new engine/vehicle requirements, and (2) in-use vehicle requirements • Require engine manufacturers to install non-programmable, tamper-resistant idle shutdown devices on all heavy-duty diesel engines with gross vehicle weight rating greater than 14,000 Ibs. (except those engines that meet an optional low engine idling standard described below) that will shut down the main engine after 5 minutes of idling. Optional Requirements • Engine manufacturers would have the option to certify their engines to meet a new low NOx engine idling emission standard. The NOx standard would be based on diesel APU certification data. Engines certified to this new requirement would not have to be equipped with an idle shutdown device. • Engine manufacturers may choose to produce an integrated APU/main engine system. With such a system, manufacturers would be required to control PM emissions from the APU by either running the exhaust through the main engine PM filter or have a PM filter on the APU itself (filter efficiency would be designated at 85%, a "Level 3" device). • Manufacturers choosing to meet the optional NOx engine idling standard or have an integrated APU system would be required to produce a label indicating whether the engine meets the idling standard or is equipped with an integrated APU system. The label would be affixed by the truck manufacturer to the outside of the truck's cab. These labels would be used for enforcement purposes to allow extended main engine idling or the use of an APU. We would like to encourage the use of APUs that have inherently low emissions (such as those powered by fuel cells or batteries) or that surpass the emission performance of filter equipped diesel APUs. Thus, we are open to suggestions on how we could incentivise such options. • Truck OEMs may choose to purchase and install an engine with none of the optional requirements listed above. Instead, they may choose to install, themselves, nonintegrated APUs for their customers. It would be the responsibility of these customers (owners) to order/choose whether they want a compliant system or non- compliant system. • Third party (or aftermarket) APU manufacturers producing California compliant systems for 2007 and subsequent model year trucks would need to comply with a verification procedure (to be developed) that would require the use of California certified APUs that meet stringent PM requirements. A label would be needed for these engines as well. 33 ------- 2. In-Use Vehicle Requirements Modification of the Idling Rule Adopted in July of 2004 •. Apply the no idling requirements to all trucks statewide, including those with sleeper berths and out-of-state registered trucks, and all model years beginning in calendar year 2008. Only trucks that have an idling label showing compliance with California requirements would be allowed to idle more than 5 minutes. • No in-use retrofit requirements are being proposed since the in-use idling rule adopted in July of 2004 will be modified to include all model years and all trucks (GVWR > 10,000 Ibs.). Owners of 2007 and subsequent model year vehicles, not equipped with engines meeting the optional lowNOx engine idling emission standard, would need to have a California compliant APU system installed on their vehicle to operate those systems in California. • Owners of 2006 and older model year vehicles can purchase any California certified APU and operate them in California. There will be no requirement to have aftertreatment control of NOx and PM emissions since engine out NOx and PM emissions from these APUs are less than and comparable, respectively, to engine out idling NOx and PM emissions from the truck's engine. 34 ------- Pennsylvania - Allegheny County Proposed Regulation- 'Diesel Powered Motor Vehicle Idling' §2105.92 Diesel Powered Motor Vehicle Idling (This Section to be added to Article XXI.} a. Applicability. This Section applies to the operation of every heavy-duty diesel powered motor vehicle, except school buses. b. General. 1. No driver shall cause or allow the engine of any heavy duty diesel powered motor vehicle subject to this section to idle prior to, during layover between, at the destination of, or at the conclusion of, any trip or route for more than five (5) consecutive minutes, except under the conditions described in Subsection c, below. 2. No driver shall cause or allow the engine of any heavy duty diesel powered motor vehicle subject to this section to be accelerated while idling, unless such action is taken in order to operate vehicle mounted accessory or service equipment. c. Exemptions. This section does not apply for the period or periods during which idling is necessary for: 1. Traffic Conditions. A. For traffic conditions over which the driver has no control; B. For an official traffic control device or signal; or C. At the direction of a uniformed police officer or one of those persons authorized to direct traffic by the Vehicle Code, 67 Pa. Code §101.2. 2. Boarding and Discharging Passengers. A. When vehicles intended for commercial passenger transportation are boarding or discharging passengers; or B. When vehicles intended for transporting people with disabilities are boarding or discharging passengers. 3. Queuing. When a vehicle, situated in a queue of other vehicles, must intermittently move forward to perform work or a service, and when shutting the vehicle engine off would impede the progress of the queue and be impracticable. 4. Turbo-Charged Diesel Engine Cool Down or Warm Up. When the manufacturer's specifications require more time than the five minute limitation in §2105.92.b.l, above, to cool down or warm up a turbo-charged diesel engine. 5. Cold/Hot Weather. A. If the outside temperature is less than 40°F, then idling is allowed for a period or periods aggregating not more than 20 minutes in any 60 minute period; or B. If the outside temperature is greater than 75°F and a vehicle is equipped with air conditioning, then idling is allowed for a period or periods aggregating not more than 20 minutes in any 60 minute period. C. Not withstanding subparagraphs A and B, in order to supply heat or air conditioning necessary for the comfort of passengers, a vehicle intended for commercial passenger transportation may idle for up to 10 minutes prior to passenger boarding and anytime 35 ------- passengers are onboard. D. The Department may, upon request of an owner or manager of a bus terminal, approve alternate limits for warm-up of buses stored outdoors at the terminal when the temperature is below 40°F. Such plan shall include enforceable time limits that minimize bus idling. Proposed Regulation- 'Diesel Powered Motor Vehicle Idling' 6. Sleeping. When idling is necessary to power a heater, air conditioner, or any ancillary equipment during sleeping and resting in a truck cab or sleeper berth. 7. Safety and Emergencies. A. To verify that the vehicle is in safe operating condition and equipped as required by all provisions of law, and all equipment is in good working order, either as part of the driver's daily vehicle inspection, or as otherwise needed; B. To operate defrosters, or other equipment to ensure the safe operation of the vehicle, or as otherwise required by federal or state motor carrier safety regulations, or other local requirements; or C. Use of vehicle as an emergency vehicle. 8. Operability and Maintenance. A. To provide power for vehicle mounted accessory or service equipment; or B. When being operated by a mechanic for testing, servicing, repairing, or diagnostic purposes. d. Penalties. Not withstanding the provisions of Part I of this Article, violators of this Section are subject to: 1. A warning for the first offense; 2. A penalty of $100 for the second offense; 3. A penalty of $500 for the third offense, and any subsequent offenses. e. Enforcement. Not withstanding any other provisions of this Article the prohibitions of this Section may be enforced by any municipal or local government unit having jurisdiction over the place where the idling occurs. Such enforcement shall be in accordance with the laws governing such municipal or local government unit and the Pa. Air Pollution Control Act. In addition, the Department may pursue the remedies provided by §2109.02 of this Article for any violation of this Section. f. Relationship to Other Law. Nothing in this Section allows idling in excess of other applicable law, including, but not limited to any local ordinance or requirement as stringent as, or more stringent than, this Section. Proposed Regulation- 'Diesel Powered Motor Vehicle Idling' §2101.20 DEFINITIONS (The following two definitions are being revised. Deletions are shown lined out. Additions are shown underlined.} 36 ------- "Heavy duty" means, with respect to school buses, any school bus rated at more than any motor vehicle with a gross vehicle weight rating of more than 8,500 pounds gross vehicle weight rating, or that has a curb weight of more than 6000 pounds, (or that has a passenger carrying capacity of more than 12 persons}. (ref: 40 CFR 86.082-2 for non-bracketed portion only) "Idling" means the operation of an engine in the operating mode where the engine is not engaged in gear, where the engine operates at a speed at the revolutions per minute specified by the engine manufacturer, or when the accelerator is fully released and there is no load on the engine. (The following two definitions are being added to Article XXI.} "Diesel powered motor vehicle" means a self-propelled vehicle designed for transporting persons or property which is propelled by a compression ignition type of internal combustion engine. The definition does not include non-road diesel vehicles, or marine vessels. "Motor vehicle" means all vehicles propelled other than by muscular power except such vehicles as run only on rail or tracks. 37 ------- |