PRINTER'S NO. 332
No. 295 Session of 2007
INTRODUCED BY BROWNE, BOSCOLA, FERLO, COSTA, RAFFERTY, ORIE AND ERICKSON, MARCH 9, 2007
REFERRED TO TRANSPORTATION, MARCH 9, 2007
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, providing for idling requirements and penalties. 3 The General Assembly of the Commonwealth of Pennsylvania 4 declares that the purpose of 75 Pa.C.S. Ch. 39 is to protect the 5 public health and the environment by reducing emissions while 6 conserving fuel and maintaining adequate rest and safety for all 7 drivers of diesel vehicles. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Title 75 of the Pennsylvania Consolidated 11 Statutes is amended by adding a chapter to read: 12 CHAPTER 39 13 IDLING REQUIREMENTS 14 Sec. 15 3901. Definitions. 16 3902. Requirements. 17 3903. Auxiliary power units.
1 3904. Penalties. 2 § 3901. Definitions. 3 The following words and phrases when used in this chapter 4 shall have the meanings given to them in this section unless the 5 context clearly indicates otherwise: 6 "Commercial diesel vehicle." A commercial diesel vehicle 7 which is designed to operate on a highway. 8 "Highway." The term as it is defined under 49 CFR 390.5 9 (relating to definitions). 10 "Load and unload location." A location where commercial 11 diesel vehicles load or unload. 12 § 3902. Requirements. 13 (a) Load and unload locations.--A load and unload location 14 owner may not allow a commercial diesel vehicle to idle for a 15 period greater than 30 minutes while waiting to load or unload 16 at a location under the owner's control. 17 (b) Commercial diesel vehicles.--The following shall apply: 18 (1) Except as provided in subsection (a) and paragraph 19 (2), an owner or operator of a commercial diesel vehicle may 20 not allow a commercial diesel vehicle to idle for more than 21 five minutes in any 60-minute period. 22 (2) Paragraph (1) shall not apply when any of the 23 following occur: 24 (i) A commercial diesel vehicle idles while forced 25 to remain motionless because of on-highway traffic, an 26 official traffic control device or signal or at the 27 direction of a law enforcement official. 28 (ii) A commercial diesel vehicle idles when 29 operating defrosters, heaters, air conditioners or if 30 equipment is being installed solely to prevent a safety 20070S0295B0332 - 2 -
1 or health emergency, and not as part of a rest period. 2 (iii) A police, fire, ambulance, public safety, 3 military, other emergency or law enforcement vehicle or 4 any vehicle being used in an emergency capacity idles 5 while in an emergency or training mode and not for the 6 convenience of the vehicle operator. 7 (iv) The primary propulsion engine idles for 8 maintenance, servicing, repairing or diagnostic purposes 9 if idling is required for that activity. 10 (v) A commercial diesel vehicle idles as part of a 11 Federal or State inspection to verify that all equipment 12 is in good working order, if idling is required as part 13 of the inspection. 14 (vi) Idling of a primary propulsion engine is 15 necessary to power work-related mechanical or electrical 16 operations other than propulsion. This exemption shall 17 not apply when idling is done for cabin comfort or to 18 operate nonessential onboard equipment. 19 (vii) An armored vehicle idles when a person remains 20 inside the vehicle to guard contents or while the vehicle 21 is being loaded or unloaded. 22 (viii) A vehicle idles due to mechanical 23 difficulties over which the driver has no control, if the 24 vehicle owner submits the repair paperwork or product 25 repair verifying that the mechanical problem has been 26 fixed, by mail to the department within 30 days of the 27 repair. 28 (ix) A passenger bus idles a maximum of 15 minutes 29 in any 60-minute period to maintain passenger comfort 30 while nondriver passengers are onboard. This paragraph 20070S0295B0332 - 3 -
1 shall expire three years after a State financial 2 assistance program for idle reduction technologies or 3 strategies is implemented. 4 (x) An occupied vehicle with a sleeper berth 5 compartment idles for purposes of air conditioning or 6 heating during a rest or sleep period. This paragraph 7 shall expire three years after a State financial 8 assistance program for idle reduction technologies or 9 strategies is implemented. 10 (xi) An occupied vehicle idles for purposes of air 11 conditioning or heating while waiting to load or unload. 12 This paragraph shall expire three years after a State 13 financial assistance program for idle reduction 14 technologies or strategies is implemented. 15 § 3903. Auxiliary power units. 16 Operating an auxiliary power unit, generator set or other 17 mobile idle reduction technology on a model year 2007 or older 18 commercial diesel vehicle to heat, air condition or provide 19 electrical power as an alternative to idling the main engine 20 shall be not considered idling for the purposes of this chapter. 21 § 3904. Penalties. 22 Any person that violates the provisions of this chapter shall 23 be subject to the following penalties: 24 (1) For a first offense, to have a warning ticket 25 issued. 26 (2) For a subsequent offense, to pay a fine of: 27 (i) $150 if the person is the commercial diesel 28 vehicle operator; or 29 (ii) $500 if the person is the commercial diesel 30 vehicle owner or the load and unload location owner. 20070S0295B0332 - 4 -
1 Section 2. This act shall take effect in 60 days. A18L75MSP/20070S0295B0332 - 5 -