Prohibits idling by heavy-duty vehicles.
BILL NUMBER: S5287B
TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to prohibiting idling by heavy-duty vehicles
PURPOSE : This legislation seeks to reduce the overall air pollution in New York State by prohibiting more than one consecutive minute of idling by heavy-duty vehicles.
SUMMARY OF PROVISIONS : section 1 of this bill amends the vehicle and traffic law by adding a new section 1205 to prohibit idling by heavy-duty vehicles for more than one minute.
This bill complements regulations (6NYCRR §217-3.2) that the Department of Environmental Conservation administers. This legislation would establish idling in excess of one minute as a traffic violation while maintaining the current regulatory prohibitions with more extensive penalties for idling in excess of five minutes.
JUSTIFICATION : Idling engines are a significant source of pollution, have negative health effects, especially increasing asthma rates, and decrease the quality of life for New York State residents. An idling vehicle releases more pollution than a vehicle that is in motion. This bill seeks to reduce the amount of dangerous emissions released into the air from certain heavy-duty vehicles by preventing them from idling for longer than one consecutive minute. This bill includes reasonable exceptions while ensuring that unnecessary idling is curtailed.
LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5287--B 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________Introduced by Sens. SQUADRON, DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to prohibiting idling by heavy-duty vehicles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 1205 to read as follows: S 1205. PROHIBITIONS ON IDLING BY HEAVY-DUTY VEHICLES. 1. NOTWITH- STANDING ANY PROVISION OF LAW TO THE CONTRARY, NO PERSON WHO OWNS, OPER- ATES OR LEASES A HEAVY-DUTY VEHICLE INCLUDING A BUS OR TRUCK, THE MOTIVE POWER FOR WHICH IS PROVIDED BY A DIESEL OR NON-DIESEL FUELED ENGINE OR WHO OWNS, LEASES OR OCCUPIES LAND AND HAS THE ACTUAL OR APPARENT DOMIN- ION OR CONTROL OVER THE OPERATION OF A HEAVY-DUTY VEHICLE INCLUDING A BUS OR TRUCK PRESENT ON SUCH LAND, THE MOTIVE POWER FOR WHICH SAID HEAV- Y-DUTY VEHICLE IS PROVIDED BY A DIESEL OR NON-DIESEL FUELED ENGINE, SHALL ALLOW OR PERMIT THE ENGINE OF SUCH HEAVY-DUTY VEHICLE TO IDLE FOR MORE THAN ONE CONSECUTIVE MINUTE WHEN THE HEAVY-DUTY VEHICLE IS NOT IN MOTION, EXCEPT AS OTHERWISE PERMITTED BY SUBDIVISION TWO OF THIS SECTION. 2. THE PROHIBITIONS OF THIS SECTION SHALL NOT APPLY WHEN: (A) A DIESEL OR NON-DIESEL FUELED HEAVY-DUTY VEHICLE INCLUDING A BUS OR TRUCK IS FORCED TO REMAIN MOTIONLESS BECAUSE OF THE TRAFFIC CONDI- TIONS OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11548-05-0 S. 5287--B 2
(B) REGULATIONS ADOPTED BY FEDERAL, STATE OR LOCAL AGENCIES HAVING JURISDICTION CONFLICT WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, INCLUDING THOSE PERTAINING TO PASSENGER SAFETY, SECURITY AND ACCESSIBILITY; IN SUCH CASE, THE IDLING TIME SPECIFIED IN SUBDIVISION ONE OF THIS SECTION MAY BE INCREASED, BUT ONLY TO THE EXTENT NECESSARY TO COMPLY WITH SUCH REGULATIONS. (C) A DIESEL OR NON-DIESEL FUELED ENGINE IS BEING USED TO PROVIDE POWER FOR AN AUXILIARY PURPOSE, SUCH AS LOADING, DISCHARGING, MIXING OR PROCESSING CARGO, CONTROLLING CARGO TEMPERATURE, CONSTRUCTION, LUMBER- ING, OIL OR GAS WELL SERVICING, FARMING, OR WHEN OPERATION OF THE ENGINE IS REQUIRED FOR THE PURPOSE OF MAINTENANCE; (D) IDLING OF THE PRIMARY PROPULSION ENGINE IS NECESSARY TO POWER ESSENTIAL WORK-RELATED MECHANICAL OR ELECTRICAL OPERATIONS OTHER THAN PROPULSION; (E) FIRE, POLICE AND PUBLIC UTILITY TRUCKS OR OTHER VEHICLES ARE PERFORMING EMERGENCY SERVICES; (F) TRUCKS OWNED OR OPERATED BY PERSONS ENGAGED IN MINING AND QUARRY- ING ARE USED WITHIN THE CONFINES OF SUCH PERSON'S PROPERTY; (G) A DIESEL FUELED TRUCK IS TO REMAIN MOTIONLESS FOR A PERIOD EXCEED- ING TWO HOURS, AND DURING WHICH PERIOD THE AMBIENT TEMPERATURE IS CONTINUOUSLY BELOW TWENTY-FIVE DEGREES FAHRENHEIT; (H) A HEAVY-DUTY DIESEL VEHICLE THAT IS QUEUED FOR OR IS UNDERGOING A STATE AUTHORIZED PERIODIC OR ROADSIDE DIESEL EMISSIONS INSPECTION; (I) A HYBRID ELECTRIC VEHICLE, IDLING FOR THE PURPOSE OF PROVIDING ENERGY FOR BATTERY OR OTHER FORM OF ENERGY STORAGE RECHARGING; (J) HEAVY-DUTY VEHICLES USED FOR AGRICULTURAL PURPOSES ON A FARM; (K) ELECTRIC POWERED VEHICLES; AND (L) RECREATIONAL FACILITIES. 3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ON-ROAD HEAVY-DUTY VEHICLES PROPELLED BY DIESEL FUELED AND NON-DIESEL FUELED ENGINES EXCLUDING MARINE VESSELS. AS USED IN THIS SECTION "HEAVY-DUTY VEHICLE" MEANS A VEHICLE THAT HAS A GVWR EXCEEDING EIGHT THOUSAND FIVE HUNDRED POUNDS AND IS DESIGNED PRIMARILY FOR TRANSPORTING PERSONS OR PROPERTIES. S 2. This act shall take effect immediately.