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| Public Act 094-0845 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by adding
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Section 11-1429 as follows:
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(625 ILCS 5/11-1429 new)
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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
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motor vehicle, when it is not in motion, to idle for more than
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a total of 10 minutes within any 60 minute period, except under | ||||
the following circumstances:
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(1) the motor vehicle has a Gross Vehicle Weight Rating
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of less than 8,000 pounds;
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(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;
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(3) the motor vehicle idles when operating defrosters, | ||||
heaters, air conditioners, or other equipment solely to | ||||
prevent a safety or health emergency;
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(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;
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(5) the primary propulsion engine idles for | ||
maintenance, servicing, repairing, or diagnostic purposes | ||
if idling is necessary for such activity;
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(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;
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(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;
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(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;
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(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;
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(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;
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(11) when the motor vehicle idles due to mechanical | ||
difficulties over which the operator has no control;
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(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;
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(13) the motor vehicle is (i) a bus owned by a public
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transit authority and (ii) being operated on a designated
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bus route or on a street or highway between designated bus
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routes for the provision of public transportation;
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(14) the motor vehicle is an implement of husbandry
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exempt from registration under subdivision A(2) of Section
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3-402 of this Code;
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(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.
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(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.
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(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
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within any 12 month period.
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Section 99. Effective date. This Act takes effect July 1, | ||
2006.
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