Full Text of HB4782 94th General Assembly
HB4782 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4782
Introduced 1/18/2006, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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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 5 minutes within any 60 minute period. Creates exemptions. Provides that a person who operates a vehicle in violation of the provision is guilty of a petty offense punishable by a fine of $50 for a first offense and $150 for a second or subsequent offense within any 12 month period.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB4782 |
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LRB094 18830 DRH 54241 b |
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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. | 8 |
| (a) The purpose of this law is to protect public health and | 9 |
| the environment by reducing emissions while conserving fuel and | 10 |
| maintaining adequate rest and safety of all drivers of diesel | 11 |
| vehicles. | 12 |
| (b) A person or entity that operates a motor
vehicle | 13 |
| operating on diesel fuel may not cause or allow the
motor | 14 |
| vehicle, when it is not in motion, to idle for more than
a | 15 |
| total of 5 minutes within any 60 minute period.
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| (c) This Section does not apply if:
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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 | 20 |
| motionless because of on-highway traffic, an official | 21 |
| traffic control device or signal, or at the direction of a | 22 |
| law enforcement official;
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| (3) the motor vehicle idles when operating defrosters, | 24 |
| heaters, air conditioners, or other equipment solely to | 25 |
| prevent a safety or health emergency;
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| (4) a police, fire, ambulance, public safety, | 27 |
| military, other emergency or law enforcement motor | 28 |
| vehicle, or any motor vehicle used in an emergency | 29 |
| capacity, idles while in an emergency or training mode and | 30 |
| not for the convenience of the vehicle operator;
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| (5) the primary propulsion engine idles for | 32 |
| maintenance, servicing, repairing, or diagnostic purposes |
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HB4782 |
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LRB094 18830 DRH 54241 b |
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| if idling is necessary for such activity;
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| (6) a vehicle idles as part of a government inspection | 3 |
| to verify that all equipment is in good working order, | 4 |
| provided idling is required as part of the inspection;
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| (7) idling of the primary propulsion engine is | 6 |
| necessary to power work related mechanical or electrical | 7 |
| operations other than propulsion (loading or unloading, | 8 |
| mixing or processing cargo, or straight truck | 9 |
| refrigeration). This exemption does not apply when idling | 10 |
| for cabin comfort or to operate nonessential on-board | 11 |
| equipment;
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| (8) an armored vehicle idles when a person remains | 13 |
| inside the vehicle to guard the contents, or while the | 14 |
| vehicle is being loaded or unloaded;
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| (9) a passenger bus idles a maximum of 15 minutes in | 16 |
| any 60 minute period to maintain passenger comfort while | 17 |
| non-driver passengers are on board.
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| (10) the outdoor temperature is less than 32 degrees
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| Fahrenheit;
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| (11) the motor vehicle was manufactured with a sleeping
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| berth, if the motor vehicle is located in an area not zoned | 22 |
| for residential use and is being used by the operator for
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| sleeping or resting, and the motor vehicle is not equipped
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| with an auxiliary power unit on the vehicle to provide for
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| operator safety;
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| (12) the motor vehicle is used as airport ground | 27 |
| support
equipment, including, but not limited to, motor | 28 |
| vehicles
operated on the air side of the airport terminal | 29 |
| 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; or
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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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HB4782 |
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LRB094 18830 DRH 54241 b |
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| (d) This Section does not apply to the owner of a motor | 2 |
| vehicle rented or leased to another entity or person operating | 3 |
| the vehicle. | 4 |
| (e) If a motor vehicle is operated in violation of this | 5 |
| Section, the operator of the motor vehicle shall be deemed | 6 |
| guilty of the violation, and the operator may be prosecuted for | 7 |
| the violation. Any person or
entity convicted of any violation | 8 |
| of this Section is guilty of
a petty offense and shall be fined | 9 |
| $50 for the first
conviction and $150 for a second or | 10 |
| subsequent conviction
within any 12 month period.
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