S T A T E   O F   N E W   Y O R K
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                                   3475
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. RAIA, McKEVITT, FINCH -- 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.
                                                            LBD06875-01-7
              

 A. 3475                             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.
   § 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.