ORS Chapter 825 — Motor Carriers

ORS 825.610. Exemptions from requirements in ORS 825.605. ORS 825.605 does not apply to a commercial vehicle if it is necessary to idle the primary engine of the commercial vehicle: (1) Due to traffic, a traffic control device or mechanical difficulties over which the operator has no control or at the direction of a law enforcement official or road authority. (2) Due to the need to operate defrosters, heaters or air conditioners or installing equipment necessary to comply with manufacturers operating requirements, specifications and warranties or with federal, state or local safety regulations. (3) Because the commercial vehicle is a police, fire, ambulance, public safety, military, utility service or road authority vehicle, or any other vehicle being used to respond to an emergency or for other public safety purposes, or being actively used for training for emergencies or public safety. (4) For maintenance, service, repair or diagnostic purposes or for particulate matter trap regeneration. (5) For a state or federal inspection to verify that all equipment is in good working order. (6) To power work-related mechanical, safety, electrical or construction equipment installed on the vehicle that is not used for propulsion. (7) Because the commercial vehicle is an armored vehicle and a person must remain inside the vehicle to guard the contents or while the vehicle is being loaded or unloaded. (8) To maintain the comfort of commercial bus passengers while passengers are on board. (9) In a commercial vehicle with a gross vehicle weight rating of more than 26,000 pounds, for purposes of air conditioning or heating during a rest or sleep period and the outside temperature is less than 50 degrees or greater than 75 degrees Fahrenheit at any time during the rest or sleep period. This subsection applies to a commercial vehicle with a sleeper berth compartment that is parked in any place that a commercial vehicle is legally permitted to park, including, but not limited to, a fleet trucking terminal, commercial vehicle stop or designated rest area. This exemption does not apply if the commercial vehicle is equipped with an auxiliary power unit or other suitable idle reduction technology, if the commercial vehicle is parked at a location equipped with suitable stationary idle reduction technology that is available for use, or during a rest or sleep period when the commercial vehicle is parked on or adjacent to a public or private educational institution offering education in all or part of kindergarten through grade 12, unless the outside temperature is greater than 75 degrees Fahrenheit and the auxiliary power unit provides heating only, in which case the person may idle the primary engine to provide air conditioning. (10) In a commercial vehicle with a gross vehicle weight rating of more than 26,000 pounds, for purposes of air conditioning or heating while waiting to load or unload the commercial vehicle or while actually loading or unloading the commercial vehicle, and the outside temperature is less than 50 degrees or greater than 75 degrees Fahrenheit at the time. This exemption does not apply if the commercial vehicle is equipped with an auxiliary power unit or other suitable idle reduction technology, or if the commercial vehicle is parked at a location equipped with suitable stationary idle reduction technology that is available for use, unless the outside temperature is greater than 75 degrees Fahrenheit and the auxiliary power unit provides heating only, in which case the person may idle the primary engine to provide air conditioning. (11) For a maximum of 30 minutes while waiting to load or unload the commercial vehicle or while actually loading or unloading the commercial vehicle during a single loading or unloading event. [2011 c.349 5] Note: See note under