S T A T E O F N E W Y O R K
________________________________________________________________________
8238--B
2009-2010 Regular Sessions
I N A S S E M B L Y
May 11, 2009
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Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
idling by heavy-duty vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1205 to read as follows:
S 1205. PROHIBITIONS ON IDLING BY HEAVY-DUTY VEHICLES. 1. NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, NO PERSON WHO OWNS, OPER-
ATES OR LEASES A HEAVY-DUTY VEHICLE INCLUDING A BUS OR TRUCK, THE MOTIVE
POWER FOR WHICH IS PROVIDED BY A DIESEL OR NON-DIESEL FUELED ENGINE OR
WHO OWNS, LEASES OR OCCUPIES LAND AND HAS THE ACTUAL OR APPARENT DOMIN-
ION OR CONTROL OVER THE OPERATION OF A HEAVY-DUTY VEHICLE INCLUDING A
BUS OR TRUCK PRESENT ON SUCH LAND, THE MOTIVE POWER FOR WHICH SAID HEAV-
Y-DUTY VEHICLE IS PROVIDED BY A DIESEL OR NON-DIESEL FUELED ENGINE,
SHALL ALLOW OR PERMIT THE ENGINE OF SUCH HEAVY-DUTY VEHICLE TO IDLE FOR
MORE THAN ONE CONSECUTIVE MINUTE WHEN THE HEAVY-DUTY VEHICLE IS NOT IN
MOTION, EXCEPT AS OTHERWISE PERMITTED BY SUBDIVISION TWO OF THIS
SECTION.
2. THE PROHIBITIONS OF THIS SECTION SHALL NOT APPLY WHEN:
(A) A DIESEL OR NON-DIESEL FUELED HEAVY-DUTY VEHICLE INCLUDING A BUS
OR TRUCK IS FORCED TO REMAIN MOTIONLESS BECAUSE OF THE TRAFFIC CONDI-
TIONS OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL;
(B) REGULATIONS ADOPTED BY FEDERAL, STATE OR LOCAL AGENCIES HAVING
JURISDICTION CONFLICT WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION, INCLUDING THOSE PERTAINING TO PASSENGER SAFETY, SECURITY AND
ACCESSIBILITY; IN SUCH CASE, THE IDLING TIME SPECIFIED IN SUBDIVISION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11548-04-0
A. 8238--B 2
ONE OF THIS SECTION MAY BE INCREASED, BUT ONLY TO THE EXTENT NECESSARY
TO COMPLY WITH SUCH REGULATIONS.
(C) A DIESEL OR NON-DIESEL FUELED ENGINE IS BEING USED TO PROVIDE
POWER FOR AN AUXILIARY PURPOSE, SUCH AS LOADING, DISCHARGING, MIXING OR
PROCESSING CARGO, CONTROLLING CARGO TEMPERATURE, CONSTRUCTION, LUMBER-
ING, OIL OR GAS WELL SERVICING, FARMING, OR WHEN OPERATION OF THE ENGINE
IS REQUIRED FOR THE PURPOSE OF MAINTENANCE;
(D) IDLING OF THE PRIMARY PROPULSION ENGINE IS NECESSARY TO POWER
ESSENTIAL WORK-RELATED MECHANICAL OR ELECTRICAL OPERATIONS OTHER THAN
PROPULSION;
(E) FIRE, POLICE AND PUBLIC UTILITY TRUCKS OR OTHER VEHICLES ARE
PERFORMING EMERGENCY SERVICES;
(F) TRUCKS OWNED OR OPERATED BY PERSONS ENGAGED IN MINING AND QUARRY-
ING ARE USED WITHIN THE CONFINES OF SUCH PERSON'S PROPERTY;
(G) A DIESEL FUELED TRUCK IS TO REMAIN MOTIONLESS FOR A PERIOD EXCEED-
ING TWO HOURS, AND DURING WHICH PERIOD THE AMBIENT TEMPERATURE IS
CONTINUOUSLY BELOW TWENTY-FIVE DEGREES FAHRENHEIT;
(H) A HEAVY-DUTY DIESEL VEHICLE THAT IS QUEUED FOR OR IS UNDERGOING A
STATE AUTHORIZED PERIODIC OR ROADSIDE DIESEL EMISSIONS INSPECTION;
(I) A HYBRID ELECTRIC VEHICLE, IDLING FOR THE PURPOSE OF PROVIDING
ENERGY FOR BATTERY OR OTHER FORM OF ENERGY STORAGE RECHARGING;
(J) HEAVY-DUTY VEHICLES USED FOR AGRICULTURAL PURPOSES ON A FARM;
(K) ELECTRIC POWERED VEHICLES; AND
(L) RECREATIONAL FACILITIES.
3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ON-ROAD
HEAVY-DUTY VEHICLES PROPELLED BY DIESEL FUELED AND NON-DIESEL FUELED
ENGINES EXCLUDING MARINE VESSELS. AS USED IN THIS SECTION "HEAVY-DUTY
VEHICLE" MEANS A VEHICLE THAT HAS A GVWR EXCEEDING EIGHT THOUSAND FIVE
HUNDRED POUNDS AND IS DESIGNED PRIMARILY FOR TRANSPORTING PERSONS OR
PROPERTIES.
S 2. This act shall take effect immediately.