act-2008-0-124•Pennsylvania Act 2008-124 — DIESEL-POWERED MOTOR VEHICLE IDLING ACT - ENACTMENT
Pennsylvania Act 2008-124 — DIESEL-POWERED MOTOR VEHICLE IDLING ACT - ENACTMENT
act-2008-0-1242008 Pa. Act 124Law
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.
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