An Act To Conserve Gasoline and Preserve Clean Air
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §585-K is enacted to read:
§ 585-K. Idling requirements for motor vehicles
1. Applicability. This section applies to:
A. Diesel-powered commercial motor vehicles, as defined in 49 Code of Federal Regulations, Section 390.5 (2007);
B. Locations where diesel-powered commercial motor vehicles load or unload; and
C. Gasoline-powered motor vehicles except private passenger vehicles.
2. General requirement for loading and unloading locations. A person who owns a location where a diesel-powered commercial motor vehicle loads or unloads may not cause such a vehicle to idle for a period longer than 30 minutes while waiting to load or unload at that location.
3. General requirement for vehicles. An owner or operator of a diesel-powered commercial motor vehicle may not cause or permit such a vehicle to idle for more than 5 minutes in any 60-minute period except as provided in subsection 4 and except as provided in subsection 2 in the case of a location where such a vehicle loads or unloads. An owner or operator of a gasoline-powered motor vehicle, except a private passenger vehicle, may not cause or permit such a vehicle to idle for more than 5 minutes in any 60-minute period except as provided in subsection 4.
4. Exemptions. Subsection 3 does not apply for the period or periods when:
A. A motor vehicle idles while forced to remain motionless because of traffic or an official traffic control device or signal or at the direction of a law enforcement official;
B. A motor vehicle idles when operating a defroster, heater, air conditioner or installing equipment solely to prevent a safety or health emergency, and not as part of a rest period;
C. A police, fire, ambulance, public safety, military or other emergency or law enforcement vehicle, or any vehicle being used in an emergency capacity, idles while in an emergency or training mode and not for the convenience of the vehicle operator;
D. The primary propulsion engine idles for maintenance, servicing, repair or diagnostic purposes if idling is required for such activity;
E. A motor vehicle idles as part of a state or federal inspection to verify that all equipment is in good working order if idling is required as part of the inspection;
F. Idling of the primary propulsion engine is necessary to power work-related mechanical or electrical operations other than propulsion, including, but not limited to, mixing, dumping, processing cargo or straight truck refrigeration. This exemption does not apply when idling for cabin comfort or to operate nonessential on-board equipment;
G. An armored vehicle idles when a person remains inside the vehicle to guard the contents or the vehicle is being loaded or unloaded;
H. An occupied diesel-powered commercial motor vehicle with a sleeper berth compartment idles for purposes of air conditioning or heating during a rest or sleep period;
I. An occupied diesel-powered commercial motor vehicle idles for purposes of air conditioning or heating while waiting to load or unload;
J. A passenger bus idles a maximum of 15 minutes in any 60-minute period to maintain passenger comfort while nondriver passengers are on board;
K. A motor vehicle idles due to mechanical difficulties over which the operator has no control if the vehicle owner submits the repair paperwork or product receipt by mail within 30 days to the appropriate authority verifying that the mechanical problem has been fixed. If no repair paperwork is submitted within 30 days, the vehicle owner is subject to penalties as provided in subsection 5; or
L. A motor vehicle idles for not longer than an additional 5 minutes beyond the limit imposed in subsection 3 to operate heating equipment when the ambient air temperature is 32 degrees Fahrenheit or below.
5. Penalties. A person who violates this section commits a civil violation for which the following penalties may be adjudged.
A. A person who violates this section must be issued a warning.
B. A vehicle operator who violates this section after having previously violated this section commits a civil violation for which a fine of $150 must be adjudged. A vehicle owner or a person who owns a location where a diesel-powered commercial motor vehicle loads or unloads who violates this section after having previously violated this section commits a civil violation for which a fine of $500 must be adjudged.
summary
This bill sets limits on idling of motor vehicles. It provides that a person who owns a location where a diesel-powered commercial motor vehicle loads or unloads may not cause such a vehicle to idle for a period longer than 30 minutes while waiting to load or unload at that location. It provides that an owner or operator of a diesel-powered commercial motor vehicle may not cause or permit such a vehicle to idle for more than 5 minutes in any 60-minute period, subject to certain exemptions, such as while waiting to load or unload a vehicle. It provides that an owner or operator of a gasoline-powered motor vehicle, except a private passenger vehicle, may not cause or permit such a vehicle to idle for more than 5 minutes in any 60-minute period, subject to certain exceptions. It requires a warning to be issued for a first violation and a fine to be adjudged for a subsequent violation.