The Diesel Powered Motor Vehicle Idling Act – General Restriction on Idling

Section 3.  Restrictions on idling.

(a) Restrictions.–No driver or owner of a diesel-powered motor vehicle with a gross vehicle weight of 10,001 pounds or more engaged in commerce shall cause and no owner or operator of the location where the vehicle loads, unloads or parks shall allow the engine of the vehicle to idle for more than five minutes in any continuous 60-minute period, except as provided under subsections (b) and (c).

(b) Exclusions.–The idling restrictions set forth in subsection (a) do not apply to motor homes, commercial implements of husbandry, implements of husbandry, farm equipment or farm vehicles.

(c) Exemptions.–A diesel-powered motor vehicle with a gross weight of 10,001 pounds or more may idle beyond the time allowed in subsection (a) for one or more of the following reasons:

(1) When a vehicle idles while forced to remain motionless because of on-highway traffic, an official traffic control device or signal or at the direction of a law enforcement official.

(2) When a vehicle must idle to operate defrosters, heaters, air conditioners or cargo refrigeration equipment, or to install equipment, in order to prevent a safety or health emergency and not for the purpose of a rest period, or as otherwise necessary to comply with manufacturers’ operating requirements, specifications and warranties in accordance with Federal or State motor carrier safety regulations or local requirements.

(3) When a police, fire, ambulance, public safety, military, utility service vehicle or other emergency or law enforcement vehicle or any vehicle being used in an emergency or public safety capacity shall idle while in an emergency or training mode and not for the convenience of the driver.

(4) When the primary propulsion engine idles for maintenance, particulate matter trap regeneration, servicing or repair of the vehicle or for vehicle diagnostic purposes, if idling is required for that activity.

(5) When a vehicle idles as part of a Federal or State inspection to verify that all equipment is in good working order, if idling is required as part of the inspection.

(6) When idling of a primary propulsion engine is necessary to power work-related mechanical, safety or electrical operations other than propulsion. This exemption shall not apply when idling is done for cabin comfort or to operate nonessential onboard equipment.

(7) When idling of a primary propulsion engine is necessary as part of a security inspection either entering or exiting a facility.

(8) When an armored vehicle must idle when a person remains inside the vehicle to guard contents or while the vehicle is being loaded or unloaded.

(9) When a vehicle must idle due to mechanical difficulties over which the driver has no control, if the vehicle owner submits the repair paperwork or product repair verifying that the mechanical problem has been fixed, by mail to the department within 30 days of the repair.

(10) When a bus, school bus or school vehicle must idle to provide heating or air conditioning when non-driver passengers are onboard. For the purposes of this exemption, the bus, school bus or school vehicle may idle for no more than a total of 15 minutes in a continuous 60-minute period, except when idling is necessary to maintain a safe temperature for students with special needs who are transported by a school bus or school vehicle.

(11) An occupied vehicle with a sleeper-berth compartment that idles for purposes of air conditioning or heating during a rest or sleep period and the outside temperature at the location of the vehicle is less than 40 degrees or greater than 75 degrees Fahrenheit at any time during the rest or sleep period. This applies to a motor vehicle subject to this act parked in any place that the vehicle is legally permitted to park, including but not limited to, a fleet trucking terminal, commercial truck stop or designated rest area. This exemption expires May 1, 2010. This exemption does not apply if the vehicle is parked at a location equipped with stationary idle reduction technology that is available for use at the start of the rest period.

(12) When idling is necessary for sampling, weighing, active loading or active unloading or for an attended motor vehicle waiting for sampling, weighing, loading or unloading. For the purposes of this exemption, the vehicle may idle for up to a total of 15 minutes in any continuous 60-minute period.

(13) When idling by a school bus or school vehicle off school property during queuing for the sequential discharge or pickup of students is necessary because the physical configuration of a school or the school’s surrounding streets does not allow for stopping.

(14) When idling is necessary for maintaining safe operating conditions while waiting for a police escort when transporting a load that requires the issuance of a permit in accordance with 75 Pa.C.S. Ch. 49 Subch. D (relating to special permits for excessive size and weight).

(15) When actively engaged in solid waste collection or the collection of source-separated recyclable materials. This exemption does not apply when a vehicle is not actively engaged in solid waste collection or the collection of source-separated recyclable materials.

(d) Exception.–The restriction on idling set forth in subsection (a) does not apply to a diesel-powered motor vehicle that exhibits a label issued by the California Air Resources Board under 13 CCR § 1956.8(a)(6)(C) (relating to exhaust emissions standards and test procedures – 1985 and subsequent model heavy- duty engines and vehicles) showing that the vehicle’s engine meets the optional NOx idling emission standard.

SEE CAB LIBRARY FOR FULL TEXT OF THE LAW

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