An Act To Conserve Gasoline and Preserve Cleaa Air
Maine Legislature, Session 123, LD 2056
Committee: Natural Resources
Sponsors: HINCK, BERRY, CONOVER, CUMMINGS, DILL, FAIRCLOTH, FITTS, KOFFMAN
Amends: 38 MRSA §585-K

Legislative Document 
No. 2056 
H.P.1440 
House of Representatives, December 21,2007 
An Act To Conserve Gasoline and Preserve Cleaa Air 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 19,2007. Referred to the Committee on 
Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative HINCK of Portland. 
7J1~ 
1??1T!P£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BERRY of Bowdoinham, CONOVER of Oakland, Speaker 
CUMMINGS of Portland, DILL of Cape Elizabeth, FAIRCLOTH of Bangor, FITTS of 
Pittsfield, KOFFMAN of Bar Harbor, Senator. BARTLETT of Cumberland. 
Printod on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §585-K is enacted to read: 
§585-K. Idling requirements for motor vehicles 
1. Applicability. This section applies to: 
A. Diesel-powered commercial motor vehicles, as defined in 49 Code of Federal 
Regulations, Section 390.5 (2007); 
B. Locations where diesel-powered commercial motor vehicles load or unload; and 
C. Gasoline-powered motor vehicles except private passenger vehicles. 
2. General requirement for loading and unloading locations. A person who owns 
a location where a diesel-powered commercial motor vehicle loads or unloads may not 
cause such a vehicle to idle for a period longer than 30 minutes while waiting to load or 
unload at that location. 
3. General requirement for vehicles. An owner or operator of a diesel-powered 
commercial motor vehicle may not cause or permit such a vehicle to idle for more than 5 
minutes in any 60-minute period except as provided in subsection 4 and except as 
provided in subsection 2 in the case of a location where such a vehicle loads or unloads. 
An owner or operator of a gasoline-powered motor vehicle, except a private passenger 
vehicle, may not cause or permit such a vehicle to idle for more than 5 minutes in any 60-
minute period except as provided in subsection 4. 
4. Exemptions. Subsection 3 does not apply for the period or periods when: 
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A. A motor vehicle idles while forced to remain motionless because of traffic or an 
official traffic control device or signal or at the direction of a law enforcement 
official; 
B. 
A motor vehicle idles when operating a defroster, heater, air conditioner or 
installing equipment solely to prevent a safety or health emergency, and not as part of 
a rest period; 
C. 
A police, fire, ambulance, public safety, military or other emergency or law 
enforcement vehicle, or any vehicle being used in an emergency capacity, idles while 
in an emergency or training mode and not for the convenience of the vehicle 
operator; 
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D. 
The primary propulsion engine idles for maintenance, servICIng, repair or 
diagnostic purposes if idling is required for such activity; 
E. A motor vehicle idles as part of a state or federal inspection to verify that all 
equipment is in good working order if idling is required as part of the inspection; 
F. 
Idling of the primary propulsion engine is necessary to power work-related 
mechanical or electrical operations other than propulsion, including, but not limited 
to, mixing, dumping, processing cargo or straight truck refrigeration. This exemption 
Page I -123LR2775(OJ)-1 
does not apply when idling for cabin comfort or to operate nonessential on-board 
equipment; 
G. An armored vehicle idles when a person remains inside the vehicle to guard the 
contents or the vehicle is being loaded or unloaded; 
H. 
An occupied diesel-powered commercial motor vehicle with a sleeper berth 
compartment idles for pumoses of air conditioning or heating during a rest or sleep 
period; 
I. An occupied diesel-powered commercial motor vehicle idles for pumoses of air 
conditioning or heating while waiting to load or unload; 
J. 
A passenger bus idles a maximum of 15 minutes in any 60-minute period to 
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maintain passenger comfort while nondriver passengers are on board; 
K. A motor vehicle idles due to mechanical difficulties over which the operator has 
no control if the vehicle owner submits the repair paperwork or product receipt by 
mail within 30 days to the appropriate authority veritying that the mechanical 
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problem has been fixed. 
If no repair paperwork is submitted within 30 days, the 
vehicle owner is subject to penalties as provided in subsection 5; or 
L. A motor vehicle idles for not longer than an additional 5 minutes beyond the limit 
imposed in subsection 3 to operate heating equipment when the ambient air 
temperature is 32 degrees Fahrenheit or below. 
5. Penalties. A person who violates this section commits a civil violation for which 
the following penalties may be adjudged . 
.,., 
A. A person who violates this section must be issued a warning. 
B. A vehicle operator who violates this section after having previously violated this 
section commits a civil violation for which a fine of $150 must be adjudged. A 
vehicle owner or a person who owns a location where a diesel-powered commercial 
motor vehicle loads or unloads who violates this section after having previously 
violated this section commits a civil violation for which a fine of $500 must be 
adjudged. 
SUMMARY 
This bill sets limits on idling ofrnotor vehicles. It provides that a person who owns a 
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location where a diesel-powered commercial motor vehicle loads or unloads may not 
cause such a vehicle to idle for a period longer than 30 minutes while waiting to load or 
unload at that location. It provides that an owner or operator of a diesel-powered 
commercial motor vehicle may not cause or permit such a vehicle to idle for more than 5 
minutes in any 60-minute period, subject to certain exemptions, such as while waiting to 
load or unload a vehicle. It provides that an owner or operator of a gasoline-powered 
motor vehicle, except a private passenger vehicle, may not cause or permit such a vehicle 
to idle for more than 5 minutes in any 60-minute period, subject to certain exceptions. It 
requires a warning to be issued for a first violation and a fine to be adjudged for a 
subsequent violation.