Public Act 094-0845
 		





HB4782 Enrolled
LRB094 18830 DRH 54241 b






    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) As used in this Section, "affected areas" means the 
counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, 
St. Clair, and Monroe and the townships of Aux Sable and Goose 
Lake in Grundy County and the township of Oswego in Kendall 
County.
    (c) A person that operates a motor
vehicle operating on 
diesel fuel in an affected area may not cause or allow the

motor vehicle, when it is not in motion, to idle for more than

a total of 10 minutes within any 60 minute period, except under 
the following circumstances:

        (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, 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 motor 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) when idling of the motor vehicle is required to 
    operate auxiliary equipment to accomplish the intended use 
    of the vehicle (such as loading, unloading, mixing, or 
    processing cargo; controlling cargo temperature; 
    construction operations; lumbering operations; oil or gas 
    well servicing; or farming operations), provided that this 
    exemption does not apply when the vehicle is idling solely 
    for cabin comfort or to operate non-essential equipment 
    such as air conditioning, heating, microwave ovens, or 
    televisions;

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

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

        (10) if the motor vehicle has a sleeping berth, when 
    the operator is occupying the vehicle during a rest or 
    sleep period and idling of the vehicle is required to 
    operate air conditioning or heating;

        (11) when the motor vehicle idles due to mechanical 
    difficulties over which the operator has no control;

        (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;

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

        (15) the motor vehicle is owned by an electric utility 
    and is operated for electricity generation or hydraulic 
    pressure to power equipment necessary in the restoration, 
    repair, modification or installation of electric utility 
    service; or
        (16) the outdoor temperature is less than 32 degrees 
    Fahrenheit or greater than 80 degrees Fahrenheit.
    (d) When the outdoor temperature is 32 degrees Fahrenheit 
or higher and 80 degrees Fahrenheit or lower, a person who 
operates a motor vehicle operating on diesel fuel in an 
affected area may not cause or allow the motor vehicle to idle 
for a period greater than 30 minutes in any 60 minute period 
while waiting to weigh, load, or unload cargo or freight,  
unless the vehicle is in a line of vehicles that regularly and 
periodically moves forward.

    (e) This Section does not prohibit the operation of an 
auxiliary power unit or generator set as an alternative to 
idling the main engine of a motor vehicle operating on diesel 
fuel.

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

 

    Section 99. Effective date. This Act takes effect July 1, 
2006.