HB4782 94TH GENERAL ASSEMBLY

LRB094 18830 DRH 54241 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4782

Introduced 1/18/2006, by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-1429 new

Amends the Illinois Vehicle Code. Provides that a vehicle using diesel fuel with a Gross Vehicle Weight Rating of more than 8,000 pounds may not have its engine idling for more than 5 minutes within any 60 minute period. Creates exemptions. Provides that a person who operates a vehicle in violation of the provision is guilty of a petty offense punishable by a fine of $50 for a first offense and $150 for a second or subsequent offense within any 12 month period.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by adding Section 11-1429 as follows:

(625 ILCS 5/11-1429 new)

Sec. 11-1429. Excessive idling.

(a) The purpose of this law is to protect public health and the environment by reducing emissions while conserving fuel and maintaining adequate rest and safety of all drivers of diesel vehicles.

(b) A person or entity that operates a motor vehicle operating on diesel fuel may not cause or allow the motor vehicle, when it is not in motion, to idle for more than a total of 5 minutes within any 60 minute period.

(c) This Section does not apply if:

(1) the motor vehicle has a Gross Vehicle Weight Rating of less than 8,000 pounds;

(2) the motor vehicle idles while forced to remain motionless because of on-highway traffic, an official traffic control device or signal, or at the direction of a law enforcement official;

(3) the motor vehicle idles when operating defrosters, heaters, air conditioners, or other equipment solely to prevent a safety or health emergency;

(4) a police, fire, ambulance, public safety, military, other emergency or law enforcement motor vehicle, or any motor vehicle used in an emergency capacity, idles while in an emergency or training mode and not for the convenience of the vehicle operator;

(5) the primary propulsion engine idles for maintenance, servicing, repairing, or diagnostic purposes if idling is necessary for such activity;

(6) a vehicle idles as part of a government inspection to verify that all equipment is in good working order, provided idling is required as part of the inspection;

(7) idling of the primary propulsion engine is necessary to power work related mechanical or electrical operations other than propulsion (loading or unloading, mixing or processing cargo, or straight truck refrigeration). This exemption does not apply when idling for cabin comfort or to operate nonessential on-board equipment;

(8) an armored vehicle idles when a person remains inside the vehicle to guard the contents, or while the vehicle is being loaded or unloaded;

(9) a passenger bus idles a maximum of 15 minutes in any 60 minute period to maintain passenger comfort while non-driver passengers are on board.

(10) the outdoor temperature is less than 32 degrees Fahrenheit;

(11) the motor vehicle was manufactured with a sleeping berth, if the motor vehicle is located in an area not zoned for residential use and is being used by the operator for sleeping or resting, and the motor vehicle is not equipped with an auxiliary power unit on the vehicle to provide for operator safety;

(12) the motor vehicle is used as airport ground support equipment, including, but not limited to, motor vehicles operated on the air side of the airport terminal to service or supply aircraft;

(13) the motor vehicle is (i) a bus owned by a public transit authority and (ii) being operated on a designated bus route or on a street or highway between designated bus routes for the provision of public transportation; or

(14) the motor vehicle is an implement of husbandry exempt from registration under subdivision A(2) of Section 3-402 of this Code.

(d) This Section does not apply to the owner of a motor vehicle rented or leased to another entity or person operating the vehicle.

(e) If a motor vehicle is operated in violation of this Section, the operator of the motor vehicle shall be deemed guilty of the violation, and the operator may be prosecuted for the violation. Any person or entity convicted of any violation of this Section is guilty of a petty offense and shall be fined $50 for the first conviction and $150 for a second or subsequent conviction within any 12 month period.