Assembly Bill A3865

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3865

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. RAIA, McKEVITT, WALKER -- read once and referred
  to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  idling  of
  heavy duty vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 375 of the vehicle and traffic law  is  amended  by
adding a new subdivision 52 to read as follows:
  52.  (A)  NO  PERSON WHO OWNS, OPERATES OR LEASES A HEAVY DUTY VEHICLE
INCLUDING A BUS OR TRUCK, THE MOTIVE POWER FOR WHICH IS  PROVIDED  BY  A
DIESEL  OR  NONDIESEL FUELED ENGINE OR WHO OWNS, LEASES OR OCCUPIES LAND
AND HAS THE ACTUAL OR APPARENT DOMINION 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 HEAVY 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 FIVE CONSECUTIVE MINUTES WHEN
THE HEAVY DUTY VEHICLE IS NOT IN MOTION.
  (B) THE PROHIBITIONS OF PARAGRAPH (A) OF THIS  SUBDIVISION  SHALL  NOT
APPLY WHEN:
  (I) A DIESEL OR NONDIESEL FUELED HEAVY DUTY VEHICLE INCLUDING A BUS OR
TRUCK  IS  FORCED TO REMAIN MOTIONLESS BECAUSE OF THE TRAFFIC CONDITIONS
OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL.
  (II) REGULATIONS ADOPTED BY FEDERAL, STATE OR  LOCAL  AGENCIES  HAVING
JURISDICTION  REQUIRE  THE  MAINTENANCE  OF  A  SPECIFIC TEMPERATURE FOR
PASSENGER COMFORT. THE IDLING TIME SPECIFIED IN PARAGRAPH  (A)  OF  THIS
SUBDIVISION MAY BE INCREASED, BUT ONLY TO THE EXTENT NECESSARY TO COMPLY
WITH SUCH REGULATIONS.
  (III)  A  DIESEL  OR  NONDIESEL 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06593-01-9

              

A. 3865                             2

ING, OIL OR GAS WELL SERVICING, FARMING, OR WHEN OPERATION OF THE ENGINE
IS REQUIRED FOR THE PURPOSE OF MAINTENANCE.
  (IV)  FIRE,  POLICE  AND  PUBLIC  UTILITY TRUCKS OR OTHER VEHICLES ARE
PERFORMING EMERGENCY SERVICES.
  (V) TRUCKS OWNED OR OPERATED BY PERSONS ENGAGED IN MINING AND  QUARRY-
ING ARE USED WITHIN THE CONFINES OF SUCH PERSON'S PROPERTY.
  (VI)  A  DIESEL FUELED TRUCK REMAINS MOTIONLESS FOR A PERIOD EXCEEDING
TWO HOURS, AND DURING WHICH PERIOD THE AMBIENT  TEMPERATURE  IS  CONTIN-
UOUSLY BELOW TWENTY-FIVE DEGREES FAHRENHEIT.
  (VII)  A  HEAVY  DUTY  DIESEL  VEHICLE,  AS DEFINED IN NYCRR6, THAT IS
QUEUED FOR OR IS UNDERGOING A  STATE  AUTHORIZED  PERIODIC  OR  ROADSIDE
DIESEL EMISSIONS INSPECTION TO NYCRR6.
  (VIII) A HYBRID ELECTRIC VEHICLE, AS DEFINED IN NYCRR6, IDLING FOR THE
PURPOSE  OF PROVIDING ENERGY FOR BATTERY OR OTHER FORM OF ENERGY STORAGE
RECHARGING.
  (IX) HEAVY DUTY VEHICLES USED FOR AGRICULTURAL PURPOSES ON A FARM.
  (X) ELECTRIC POWERED VEHICLES.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on which it shall have become a law. The commissioner of
motor vehicles shall promulgate rules and regulations as  are  necessary
to effectuate the implementation of this act and shall assign points for
violations of section one of this act as the commissioner of motor vehi-
cles deems appropriate.