Prohibits idling of heavy duty vehicles and sets forth exceptions; provides for assigning of points to violation as the commissioner deems appropriate.
STATE OF NEW YORK
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4248
2013-2014 Regular Sessions
IN ASSEMBLY
February 1, 2013
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Introduced by M. of A. RAIA, McKEVITT, STEVENSON -- read once and
referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to idling of
heavy duty vehicles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 375 of the vehicle and traffic law is amended by
2 adding a new subdivision 52 to read as follows:
3 52. (a) No person who owns, operates or leases a heavy duty vehicle
4 including a bus or truck, the motive power for which is provided by a
5 diesel or nondiesel fueled engine or who owns, leases or occupies land
6 and has the actual or apparent dominion or control over the operation of
7 a heavy duty vehicle including a bus or truck present on such land, the
8 motive power for which said heavy duty vehicle is provided by a diesel
9 or non-diesel fueled engine shall allow or permit the engine of such
10 heavy duty vehicle to idle for more than five consecutive minutes when
11 the heavy duty vehicle is not in motion.
12 (b) The prohibitions of paragraph (a) of this subdivision shall not
13 apply when:
14 (i) A diesel or nondiesel fueled heavy duty vehicle including a bus or
15 truck is forced to remain motionless because of the traffic conditions
16 over which the operator thereof has no control.
17 (ii) Regulations adopted by federal, state or local agencies having
18 jurisdiction require the maintenance of a specific temperature for
19 passenger comfort. The idling time specified in paragraph (a) of this
20 subdivision may be increased, but only to the extent necessary to comply
21 with such regulations.
22 (iii) A diesel or nondiesel fueled engine is being used to provide
23 power for an auxiliary purpose, such as loading, discharging, mixing or
24 processing cargo, controlling cargo temperature, construction, lumber-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05110-01-3
A. 4248 2
1 ing, oil or gas well servicing, farming, or when operation of the engine
2 is required for the purpose of maintenance.
3 (iv) Fire, police and public utility trucks or other vehicles are
4 performing emergency services.
5 (v) Trucks owned or operated by persons engaged in mining and quarry-
6 ing are used within the confines of such person's property.
7 (vi) A diesel fueled truck remains motionless for a period exceeding
8 two hours, and during which period the ambient temperature is contin-
9 uously below twenty-five degrees Fahrenheit.
10 (vii) A heavy duty diesel vehicle, as defined in NYCRR6, that is
11 queued for or is undergoing a state authorized periodic or roadside
12 diesel emissions inspection to NYCRR6.
13 (viii) A hybrid electric vehicle, as defined in NYCRR6, idling for the
14 purpose of providing energy for battery or other form of energy storage
15 recharging.
16 (ix) Heavy duty vehicles used for agricultural purposes on a farm.
17 (x) Electric powered vehicles.
18 § 2. This act shall take effect on the first of January next succeed-
19 ing the date on which it shall have become a law. The commissioner of
20 motor vehicles shall promulgate rules and regulations as are necessary
21 to effectuate the implementation of this act and shall assign points for
22 violations of section one of this act as the commissioner of motor vehi-
23 cles deems appropriate.
