Full Text of HB4782 94th General Assembly
HB4782enr 94TH GENERAL ASSEMBLY
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HB4782 Enrolled |
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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) As used in this Section, "affected areas" means the | 13 |
| counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, | 14 |
| St. Clair, and Monroe and the townships of Aux Sable and Goose | 15 |
| Lake in Grundy County and the township of Oswego in Kendall | 16 |
| County. | 17 |
| (c) A person that operates a motor
vehicle operating on | 18 |
| 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 | 21 |
| 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 | 25 |
| motionless because of on-highway traffic, an official | 26 |
| traffic control device or signal, or at the direction of a | 27 |
| law enforcement official;
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| (3) the motor vehicle idles when operating defrosters, | 29 |
| heaters, air conditioners, or other equipment solely to | 30 |
| prevent a safety or health emergency;
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| (4) a police, fire, ambulance, public safety, other | 32 |
| emergency or law enforcement motor vehicle, or any motor |
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| vehicle used in an emergency capacity, idles while in an | 2 |
| emergency or training mode and not for the convenience of | 3 |
| the vehicle operator;
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| (5) the primary propulsion engine idles for | 5 |
| maintenance, servicing, repairing, or diagnostic purposes | 6 |
| if idling is necessary for such activity;
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| (6) a motor vehicle idles as part of a government | 8 |
| inspection to verify that all equipment is in good working | 9 |
| order, provided idling is required as part of the | 10 |
| inspection;
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| (7) when idling of the motor vehicle is required to | 12 |
| operate auxiliary equipment to accomplish the intended use | 13 |
| of the vehicle (such as loading, unloading, mixing, or | 14 |
| processing cargo; controlling cargo temperature; | 15 |
| construction operations; lumbering operations; oil or gas | 16 |
| well servicing; or farming operations), provided that this | 17 |
| exemption does not apply when the vehicle is idling solely | 18 |
| for cabin comfort or to operate non-essential equipment | 19 |
| such as air conditioning, heating, microwave ovens, or | 20 |
| televisions;
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| (8) an armored motor vehicle idles when a person | 22 |
| remains inside the vehicle to guard the contents, or while | 23 |
| the vehicle is being loaded or unloaded;
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| (9) a bus idles a maximum of 15 minutes in any 60 | 25 |
| minute period to maintain passenger comfort while | 26 |
| non-driver passengers are on board;
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| (10) if the motor vehicle has a sleeping berth, when | 28 |
| the operator is occupying the vehicle during a rest or | 29 |
| sleep period and idling of the vehicle is required to | 30 |
| operate air conditioning or heating;
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| (11) when the motor vehicle idles due to mechanical | 32 |
| difficulties over which the operator has no control;
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| (12) the motor vehicle is used as airport ground | 34 |
| support
equipment, including, but not limited to, motor | 35 |
| vehicles
operated on the air side of the airport terminal | 36 |
| 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 | 9 |
| and is operated for electricity generation or hydraulic | 10 |
| pressure to power equipment necessary in the restoration, | 11 |
| repair, modification or installation of electric utility | 12 |
| service; or | 13 |
| (16) the outdoor temperature is less than 32 degrees | 14 |
| Fahrenheit or greater than 80 degrees Fahrenheit. | 15 |
| (d) When the outdoor temperature is 32 degrees Fahrenheit | 16 |
| or higher and 80 degrees Fahrenheit or lower, a person who | 17 |
| operates a motor vehicle operating on diesel fuel in an | 18 |
| affected area may not cause or allow the motor vehicle to idle | 19 |
| for a period greater than 30 minutes in any 60 minute period | 20 |
| while waiting to weigh, load, or unload cargo or freight, | 21 |
| unless the vehicle is in a line of vehicles that regularly and | 22 |
| periodically moves forward.
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| (e) This Section does not prohibit the operation of an | 24 |
| auxiliary power unit or generator set as an alternative to | 25 |
| idling the main engine of a motor vehicle operating on diesel | 26 |
| fuel.
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| (f) This Section does not apply to the owner of a motor | 28 |
| vehicle rented or leased to another entity or person operating | 29 |
| the vehicle. | 30 |
| (g) Any person convicted of any violation of this Section | 31 |
| is guilty of
a petty offense and shall be fined $50 for the | 32 |
| 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, | 35 |
| 2006.
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