PRINTER'S NO. 1408
No. 1095 Session of 2007
INTRODUCED BY VANCE, ERICKSON, COSTA, FERLO AND KITCHEN, SEPTEMBER 21, 2007
REFERRED TO TRANSPORTATION, SEPTEMBER 21, 2007
AN ACT 1 Providing for idling restrictions on commercial diesel vehicles; 2 and imposing a penalty. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Restrictions 7 on Idling Act. 8 Section 2. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Commercial diesel vehicles." Vehicles which are designed to 13 operate on highways as defined in 49 CFR 390.5 (relating to 14 definitions). 15 "Department." The Department of Transportation of the 16 Commonwealth. 17 Section 3. Scope of act.
1 The provisions of this act apply to commercial diesel 2 vehicles at locations where commercial diesel vehicles load, 3 unload or park. 4 Section 4. Restrictions on idling. 5 No person shall cause or allow the engine of any commercial 6 diesel vehicle to idle for more than five minutes in any 60- 7 minute period, except as provided in sections 5 and 6. 8 Section 5. Exemptions. 9 The restriction on idling does not apply for the period or 10 periods during which idling by the operator of a commercial 11 diesel vehicle is necessary for one of the following reasons: 12 (1) A commercial diesel vehicle which must remain 13 motionless because of: 14 (i) on-highway traffic; 15 (ii) an official traffic control device or signal; 16 or 17 (iii) the direction of a law enforcement official. 18 (2) A commercial diesel vehicle which must idle to 19 operate defrosters, heaters or refrigeration to prevent a 20 safety or health emergency, and not as part of a rest period. 21 (3) A commercial diesel vehicle which must idle for 22 maintenance, servicing, repairing or diagnostic purposes. 23 (4) A commercial diesel vehicle intended for commercial 24 passenger transportation which idles for up to ten minutes 25 prior to passenger boarding and any time passengers are 26 onboard in order to supply heat or air conditioning necessary 27 for the comfort of passengers. 28 (5) A police, fire, ambulance, public safety, military 29 or other emergency diesel vehicle or armored car, which is 30 being used in its official capacity. 20070S1095B1408 - 2 -
1 (6) A commercial diesel vehicle which must idle as part 2 of a State or Federal inspection, provided idling is required 3 as part of the inspection. 4 (7) A commercial diesel vehicle which must idle to power 5 mechanical or electrical operations necessary for loading, 6 unloading or mixing. 7 Section 6. Transitional period exemptions. 8 For three years following the effective date of this act, the 9 following exemptions shall apply to section 4: 10 (1) If the outside temperature is less than 40 degrees 11 fahrenheit, the operator of a commercial diesel vehicle 12 parked at a fleet trucking terminal, commercial truck stop or 13 department-designated rest area may idle, provided that any 14 idle reduction technology is fully occupied or in use at the 15 truck terminal, truck stop or rest area. 16 (2) If the outside temperature is greater than 80 17 degrees fahrenheit, the operator of a commercial diesel 18 vehicle parked at a fleet trucking terminal, commercial truck 19 stop or department-designated rest area may idle, provided 20 that any idle reduction technology is fully occupied or in 21 use at the truck terminal, truck stop or rest area. 22 Section 7. Auxiliary power units. 23 This act does not regulate or prohibit the operation of an 24 auxiliary power unit, generator set or other mobile idle 25 reduction technology. 26 Section 8. Penalty. 27 A person who violates this act commits a summary offense and 28 shall, upon conviction: 29 (1) For a first offense, be sentenced to pay a fine of 30 not more than $50. 20070S1095B1408 - 3 -
1 (2) For a second or subsequent offense, be sentenced to 2 pay a fine of not more than $150. 3 Section 9. Effective date. 4 This act shall take effect in 60 days. I6L35BIL/20070S1095B1408 - 4 -