HB2347 94TH GENERAL ASSEMBLY

LRB094 10642 DRH 41280 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2347

Introduced 2/16/2005, by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-1429 new

Amends the Illinois Vehicle Code. Provides that a vehicle using diesel fuel with a Gross Vehicle Weight Rating of more than 8,000 pounds may not have its engine idling for more than 3 minutes within any 60 minute period. Creates exemptions. Provides that a violation is a petty offense punishable by a fine of $100 for a first offense and $500 for a second or subsequent offense within any 12 month period. Provides that the provision applies on highways and elsewhere throughout the State.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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) A person or entity that owns or operates a motor vehicle operating on diesel fuel may not cause or allow the motor vehicle, when it is not in motion, to idle for more than a total of 3 minutes within any 60 minute period.

(b) This Section does not apply if:

(1) the motor vehicle has a Gross Vehicle Weight Rating of less than 8,000 pounds;

(2) the motor vehicle is forced to remain motionless because of traffic conditions over which the owner or operator has no control;

(3) the motor vehicle is being used for emergency purposes;

(4) operation of the motor vehicle's engine is necessary to operate auxiliary equipment to accomplish the intended use of the vehicle, such as loading, discharging, mixing, or processing cargo, controlling cargo temperature, construction operations, lumbering operations, oil or gas well servicing, or farming operations;

(5) operation of the motor vehicle is required for maintenance or diagnostic purposes;

(6) the outdoor temperature is less than 0 degrees Fahrenheit;

(7) the motor vehicle was manufactured with a sleeping berth, if the motor vehicle is located in an area not zoned for residential use and is being used by the operator for sleeping or resting, and the motor vehicle is not equipped with an auxiliary power unit on the vehicle to provide for operator safety;

(8) 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;

(9) 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;

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

(11) the motor vehicle is a school bus undergoing a pre-trip inspection.

(c) If a motor vehicle is operated in violation of this Section, the owner or operator of the motor vehicle shall be deemed guilty of the violation, and either the owner or the operator may be prosecuted for the violation. Any person or entity convicted of any violation of this Section is guilty of a petty offense and shall be fined $100 for the first conviction and $500 for a second or subsequent conviction within any 12 month period.

(d) This Section applies upon highways and elsewhere throughout the State.