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# C 2008 REGULAR SESSION

Act 124,

§ 2 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
of the Commonwealth

of Pennsylvania 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. DefinitionsVV 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.VV “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

toVdefjpSitions). 1 77 P.S.

§ 1401

235 P.S.

§ 4602. 35 P.S.

§ 4601.V Additions are indicated
by enderiine; deletions

by &Ike
949

# C

C. Act 124,



# § 2

2008 REGULAR SESSION “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 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
ofonhighway 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

# C 2098 REGULAR SESSION



# Act 124,

§ 3 (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 powerworkrelated 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


# 951CC’Act124,§32008REGULARSESSIONenginesandvehicles)showingthatthevehicle’senginemeetstheoptionalNOxidlingemissionstandard.Section4.Increaseofweightlimit’Themaximumgrossweightandaxleweightforanymotorvehicleequippedwithidlereduction’technologymaybeincreasedbyanamountnecessaryto•compensatefortheadditionalweightoftheidlereductiontechnologyasprovidedunder23U.S.C.127(a)(12)(relatingtovehicleweightlimitations—InterstateSystem),asthat.sectionexistsontheeffectivedateofthisaoLTheadditionalamountofweightallowedbythissubsectionshallnotexceed400poundsandshallbeconstruedtobeinadditiontothetoleranceauthorizedunder75Pa.CS.Ch.49•Subch.E(relatingtomeasuringandadjustingvehiclesizeandweight).Section5.Penalties5(a)Fines.—Thedriverorownerofadiesel-poweredmotorvehicle’withagrossweightof10,001.poundsormoreengagedincommerceortheowneroroperatorofalocationwheresuchvehiclesload,unloadorparkthatviolatestheprovisionsofthisactcommitsasummaryoffenseandshall,uponconviction,besentencedtopay-afineofnotlessthan$150andnotmorethan$300andcourtcosts.‘(b)Enforcementordersandcivilpenalties.—Inadditiontoproceedingunderanyotherremedyavailableatlaworinequityforaviolationofthisact,the•departmentmayissuesuchordersasarenecessarytoaidintheenforcementoftheprovisionsofthisact,asspecifiedinsection10.1oftheactofJanuary8,1960-(1959P.L.2119,No.787),6knownastheMrPollutionControlAct,and,mayassessacivilpenaltyfortheviolationinaccordancewiththeproceduresand•factorsspecifiedinsection9.1oftheMrPollutionControlAct.Notwithstanding•thepenaltyamountsspecifiedinsection9.1oftheMrPollutionControl4ct,acivilpenaltyassessedunderthisactshallnotexceed$1,000perdayfor.eachviolationofthisact.•(c)Notification.—Ifthedriverofadiesel-poweredmotorvehicle,subjecttothisact,convictedofasummaryoffenseunderthisactisnottheownerofthevehicle,thedepartmentshall,underproceduresestablishedincooperationwiththeDepartmentofTransportation,notifythevehicleownerthatthedriverhasbeenconvictedorassessedacivilpenalty.ThedepartmentmayconsultwiththeDepartmentofTransportationinthedevelopmentofnotificationprocedures,asappropriate.TheproceduresshallincludeprovisionstoallowforreimbursementoftheDepartmentofTransportation’sexpensesincurredintheimplementationofthissection.‘-•Section6.Dispositionoffines7•(a)Generalrule.—Exceptasprovidedinsubsection(b),all-finesforprosecutionsofanoffenseunderthisact,andallcivilpenaltiesforviolationsofthisact,shallbepayabletotheCommonwealthforcredittotheCleanAirFund.(b)Exceptionforlocalpoliceaction.—Whenprosecutionofanoffenseunderthisactistheresultoflocalpoliceaction,thefinesshallbepayableasfollows:(1)One-halftothemunicipalcorporationunderwhichthelocalpoliceareorganized.435P.S.§4604.635P.S.§4010.1.535PS.§4605.35P.S.§4606.952AdditionsareIndicatedbyunderline;deletionsbySOUt

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C 2008 REGULAR SESSION



# Act 124,

§ 10 (2) One-half

to the Commonwealth

for credit to the Clean Air Fund. 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 offense provisions

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 the designation 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 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’ 2 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. 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


# 953CCAct124,§202008REGULARSESSIONSection20.Effectivedate.Thisactshalltakeeffectin120days.ApprovedOctober9,2008.VV954AddItionsareindicaledbyunderline;deletionsbysikoot