Pennsylvania Act 2008-124 — DIESEL-POWERED MOTOR VEHICLE IDLING ACT - ENACTMENT

Act text

DIESEL-POWERED MOTOR VEHICLE IDLING ACT - ENACTMENT
                 Act of Oct. 9, 2008, P.L. 1511, No. 124              Cl. 75
                                  AN ACT

     Providing for idling restrictions on diesel-powered motor
        vehicles; and imposing a penalty.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Diesel-
     Powered Motor Vehicle Idling Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Bus."  As defined under 75 Pa.C.S. § 102 (relating to
     definitions).
        "Bus depot."  A location where buses are routinely kept
     overnight, including any garage structure or outdoor bus parking
     area or both.
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Diesel-powered."  A type of engine that has operating
     characteristics significantly similar to the theoretical diesel
     combustion cycle.
        "Farm equipment."  As defined under 75 Pa.C.S. § 102
     (relating to definitions).
        "Farm vehicle."  As defined under 75 Pa.C.S. § 102 (relating
     to definitions).
        "Highway."  The term as it is defined under 49 CFR 390.5
     (relating to definitions).
        "Idle reduction technology."  Any device or system of devices
     that is installed on a motor vehicle subject to this act and is
     designed to provide it those services, such as heat, air
     conditioning and electricity, that would otherwise require the
     operation of the main drive engine while the motor vehicle is
     temporarily parked or remains stationary.
        "Idling."  Operation of the main propulsion engine of a motor
     vehicle while the vehicle is stationary.
        "Implement of husbandry."  As defined under 75 Pa.C.S. § 102
     (relating to definitions).
        "Motor home."  As defined under 75 Pa.C.S. § 102 (relating to
     definitions).
        "Motor vehicle."  As defined under 75 Pa.C.S. § 102 (relating
     to definitions).
        "School bus."  As defined under 75 Pa.C.S. § 102 (relating to
     definitions).
        "School vehicle."  As defined under 75 Pa.C.S. § 102
     (relating to definitions).
        "Stationary idle reduction technology."  Equipment that
     transforms power from the electric grid for the purpose of
     delivering usable electric power, heat or air conditioning to a
     motor vehicle for the purpose of reducing main engine idling.
     Section 3.  Restrictions on idling.
        (a)  Restrictions.--No driver or owner of a diesel-powered
     motor vehicle with a gross 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 nondriver
        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.
     Section 4.  Increase of weight limit.
        The maximum gross weight and axle weight for any motor
     vehicle equipped with idle reduction technology may be increased
     by an amount necessary to compensate for the additional weight
     of the idle reduction technology as provided under 23 U.S.C. §
     127(a)(12) (relating to vehicle weight limitations - Interstate
     System), as that section exists on the effective date of this
     act. The additional amount of weight allowed by this subsection
     shall not exceed 400 pounds and shall be construed to be in
     addition to the tolerance authorized under 75 Pa.C.S. Ch. 49
     Subch. E (relating to measuring and adjusting vehicle size and
     weight).
     Section 5.  Penalties.
        (a)  Fines.--The driver or owner of a diesel-powered motor
     vehicle with a gross weight of 10,001 pounds or more engaged in
     commerce or the owner or operator of a location where such
     vehicles load, unload or park that violates the provisions of
     this act commits a summary offense and shall, upon conviction,
     be sentenced to pay a fine of not less than $150 and not more
     than $300 and court costs.
        (b)  Enforcement orders and civil penalties.--In addition to
     proceeding under any other remedy available at law or in equity
     for a violation of this act, the department may issue such
     orders as are necessary to aid in the enforcement of the
     provisions of this act, as specified in section 10.1 of the act
     of January 8, 1960 (1959 P.L.2119, No.787), known as the Air
     Pollution Control Act, and may assess a civil penalty for the
     violation in accordance with the procedures and factors
     specified in section 9.1 of the Air Pollution Control Act.
     Notwithstanding the penalty amounts specified in section 9.1 of
     the Air Pollution Control Act, a civil penalty assessed under
     this act shall not exceed $1,000 per day for each violation of
     this act.
        (c)  Notification.--If the driver of a diesel-powered motor
     vehicle, subject to this act, convicted of a summary offense
     under this act is not the owner of the vehicle, the department
     shall, under procedures established in cooperation with the
     Department of Transportation, notify the vehicle owner that the
     driver has been convicted or assessed a civil penalty. The
     department may consult with the Department of Transportation in
     the development of notification procedures, as appropriate. The
     procedures shall include provisions to allow for reimbursement
     of the Department of Transportation's expenses incurred in the
     implementation of this section.
     Section 6.  Disposition of fines.
        (a)  General rule.--Except as provided in subsection (b), all
     fines for prosecutions of an offense under this act, and all
     civil penalties for violations of this act, shall be payable to
     the Commonwealth for credit to the Clean Air Fund.
        (b)  Exception for local police action.--When prosecution of
     an offense under this act is the result of local police action,
     the fines shall be payable as follows:
            (1)  One-half to the municipal corporation under which
        the local police are organized.
            (2)  One-half to the Commonwealth for credit to the Clean
        Air Fund.
     Section 7.  Enforcement.
        The Secretary of Environmental Protection may designate
     employees of the department to enforce the provisions of this
     act under the summary offense provisions of section 5(a).
     Employees of the department so designated are hereby authorized
     to issue or file citations for summary violations under this
     act, and the Office of General Counsel is hereby authorized to
     prosecute these offenses. The employees shall exhibit proof of
     and be within the scope of the designation when instituting
     summary proceedings as provided by the Pennsylvania Rules of
     Criminal Procedure.
     Section 8.  Permanent idling restriction signs.
        An owner or operator of a location where vehicles subject to
     this act load or unload or a location that provides 15 or more
     parking spaces for vehicles subject to this act shall erect and
     maintain a permanent sign to inform drivers that idling is
     restricted in this Commonwealth, as specified in 67 Pa. Code §
     212.101(a) and (b) (relating to official signs).
     Section 9.  Preemption.
        (a)  General rule.--Except as provided in subsections (b) and
     (c), this act shall preempt and supersede a local ordinance or
     rule concerning the subject matter of this act.
        (b)  Exception.--A local ordinance or rule concerning the
     subject matter of this act that has been adopted by a county of
     the first or second class shall remain in full force and effect
     to the extent that the local ordinance or rule is more
     restrictive than the requirements of this act if the local
     ordinance or rule was in effect prior to January 1, 2007, and it
     has not been amended, suspended or rendered invalid, in whole or
     in part, by a court decision.
        (c)  Procedure.--A county, city, town, township, borough or
     local air pollution control authority with idling regulations in
     existence before the effective date of this act may approve
     idling time limits for buses in excess of the time limits in
     this act if the approval applies only to the warm-up of buses
     outdoors at a bus depot when the temperature is below 40 degrees
     and the approval is designed to minimize idling.
        (d)  Department.--This act shall not prevent the department
     from regulating emissions from idling of motor vehicles, as
     appropriate, under the act of January 8, 1960 (1959 P.L.2119,
     No.787), known as the Air Pollution Control Act.
     Section 10.  Applicability.
        The diesel idling requirements of this act are not applicable
     to the operating permit required under 25 Pa. Code Ch. 127
     (relating to construction, modification, reactivation and
     operation of sources). No requirements under this act may be
     incorporated into any operating permits issued by the department
     under 25 Pa. Code Ch. 127.
     Section 20.  Effective date.
        This act shall take effect in 120 days.