HEALTH AND SAFETY—DIESEL--POWERED

MOTOR VEHICLE IDLING ACT

ACT NO. 2008-424 -

S.B. No. 295

AN ACT Providing for idling restrictions on diesel-powered motor vehicles; and

imposing a penalty.

The General Assembly ofthe Commonwealth ofPennsylvania hereby enacts as

foUows:

Section 1. Short title

This act shall be known and may be cited as the Diesel—Powered Motor Vehicle

Idling Act. V

Section 2. Definitions V V

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 PaCS § 102 (relating to definitions).

“Bus depot.” A location where bunes are routinely kept overnight including

any garage structure or outdoor bus parking area or both. V

“Department.” The Department of Environmental Protection of the Common

wealth. V V

“Diesel-powered.” A type of engine that has operating characteristics signifi

cantly 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 VdefjpSitions).

1 77 P.S. § 1401 235 P.S. § 4602.

35 P.S. § 4601. V

Additions are indicated by enderiine; deletions by &Ike 949
Highway.

The 

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 PaC.S. § 102 (relating to definitions).

“Stationary idle reduction technology.” Equipment that transforms power

from th electric grid før the purpose of delivering usable electric power, heat or

air éonditioning to a motor vehicle for the purpose of reducing main engine idling.

Section 3. Restrictions on idling 3

(a) Restrictions.—Io driver or owner of a dieselpowered 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 onhighway 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.

35P.S. 4603.

950 Additions are Indicated by. underline; deletions by strikeout
(

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p

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

secnrity inspection either entering or exiting a facility.

(8) When an armored vehicle roust 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 8chool 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

pqrpôses 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 exemp

tion 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.

(18) 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. Cli. 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.

Cd) 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 mode] heavy-duty

AddItIDnS are indicated by underflne; deletions by strilcasut 951
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 aoL The additionalamount 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.CS. Ch. 49 • Subch.

E (relating to measuring and adjusting vehicle size and weight).

Section 5. Penalties 5

(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 theprovisions of this act commits a summary offense and shall, upon conviction, besentenced to pay-a fine of not less than $150 and not more than $300 and courtcosts. ‘

(b) Enforcement orders and civil penalties.—In addition to proceeding un

der 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), 6 known as the Mr 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 Mr Pollution Control Act. Notwithstanding

• the penalty amounts specified in section 9.1 of the Mr Pollution Control 4ct, 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 hasbeen convicted or assessed a civil penalty. The department may consult with the

Department of Transportation in the development of notification procedures, asappropriate. The procedures shall include provisions to allow for reimbursementof the Department of Transportation’s expenses incurred in the implementationof this section. ‘ -

• Section 6. Disposition of fines 7

• (a) General rule.—Except as provided in subsection (b), all- fines for prosecu

tions 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.

4 35 P.S. § 4604. 635 P.S. § 4010.1. 535 PS. § 4605. 35 P.S. § 4606.

952 Additions are Indicated by underline; deletions by SOUt
Section 7. Enforcement 8

The Secretary of Environmental Protection may designate employees of the

department to enforce the provisions of this act under the summary offenseprovisions of section 5(a). Employees of the department so designated are

hereby authorized to issue or file citations for summary violations ônder this aet

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 thedesignation when instituting summary proceedings as provided by the Pennsylva

nia Rules of Criminal Procedure.

Section 8. Permanent idling restriction signs 9

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 xriairitain 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 shallremain 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 rulewas 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 ofthis 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

The diesel

10. Applicability’ 2

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.

835 P.S. § 4607. “35 P.S. § 4001 et seq. 935 P.S. § 4608. 1235 P.S. 4610. 1035 P.S. § 4609.

Additions are Indicated by underline; deletions by strikeout 953
Approved October 9, 2008. V V

954 AddItions are indicaled by underline; deletions by sikoot