98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1289

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1429

    Amends the Illinois Vehicle Code. Makes a technical change in a Section regarding excessive idling.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-1429 as follows:
 
6    (625 ILCS 5/11-1429)
7    Sec. 11-1429. Excessive idling.
8    (a) The purpose of this this law is to protect public
9health and the environment by reducing emissions while
10conserving fuel and maintaining adequate rest and safety of all
11drivers of diesel vehicles.
12    (b) As used in this Section, "affected areas" means the
13counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison,
14St. Clair, and Monroe and the townships of Aux Sable and Goose
15Lake in Grundy County and the township of Oswego in Kendall
16County.
17    (c) A person that operates a motor vehicle operating on
18diesel fuel in an affected area may not cause or allow the
19motor vehicle, when it is not in motion, to idle for more than
20a total of 10 minutes within any 60 minute period, except under
21the following circumstances:
22        (1) the motor vehicle has a Gross Vehicle Weight Rating
23    of less than 8,000 pounds;

 

 

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1        (2) the motor vehicle idles while forced to remain
2    motionless because of on-highway traffic, an official
3    traffic control device or signal, or at the direction of a
4    law enforcement official;
5        (3) the motor vehicle idles when operating defrosters,
6    heaters, air conditioners, or other equipment solely to
7    prevent a safety or health emergency;
8        (4) a police, fire, ambulance, public safety, other
9    emergency or law enforcement motor vehicle, or any motor
10    vehicle used in an emergency capacity, idles while in an
11    emergency or training mode and not for the convenience of
12    the vehicle operator;
13        (5) the primary propulsion engine idles for
14    maintenance, servicing, repairing, or diagnostic purposes
15    if idling is necessary for such activity;
16        (6) a motor vehicle idles as part of a government
17    inspection to verify that all equipment is in good working
18    order, provided idling is required as part of the
19    inspection;
20        (7) when idling of the motor vehicle is required to
21    operate auxiliary equipment to accomplish the intended use
22    of the vehicle (such as loading, unloading, mixing, or
23    processing cargo; controlling cargo temperature;
24    construction operations; lumbering operations; oil or gas
25    well servicing; or farming operations), provided that this
26    exemption does not apply when the vehicle is idling solely

 

 

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1    for cabin comfort or to operate non-essential equipment
2    such as air conditioning, heating, microwave ovens, or
3    televisions;
4        (8) an armored motor vehicle idles when a person
5    remains inside the vehicle to guard the contents, or while
6    the vehicle is being loaded or unloaded;
7        (9) a bus idles a maximum of 15 minutes in any 60
8    minute period to maintain passenger comfort while
9    non-driver passengers are on board;
10        (10) if the motor vehicle has a sleeping berth, when
11    the operator is occupying the vehicle during a rest or
12    sleep period and idling of the vehicle is required to
13    operate air conditioning or heating;
14        (11) when the motor vehicle idles due to mechanical
15    difficulties over which the operator has no control;
16        (12) the motor vehicle is used as airport ground
17    support equipment, including, but not limited to, motor
18    vehicles operated on the air side of the airport terminal
19    to service or supply aircraft;
20        (13) the motor vehicle is (i) a bus owned by a public
21    transit authority and (ii) being operated on a designated
22    bus route or on a street or highway between designated bus
23    routes for the provision of public transportation;
24        (14) the motor vehicle is an implement of husbandry
25    exempt from registration under subdivision A(2) of Section
26    3-402 of this Code;

 

 

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1        (15) the motor vehicle is owned by an electric utility
2    and is operated for electricity generation or hydraulic
3    pressure to power equipment necessary in the restoration,
4    repair, modification or installation of electric utility
5    service; or
6        (16) the outdoor temperature is less than 32 degrees
7    Fahrenheit or greater than 80 degrees Fahrenheit.
8    (d) When the outdoor temperature is 32 degrees Fahrenheit
9or higher and 80 degrees Fahrenheit or lower, a person who
10operates a motor vehicle operating on diesel fuel in an
11affected area may not cause or allow the motor vehicle to idle
12for a period greater than 30 minutes in any 60 minute period
13while waiting to weigh, load, or unload cargo or freight,
14unless the vehicle is in a line of vehicles that regularly and
15periodically moves forward.
16    (e) This Section does not prohibit the operation of an
17auxiliary power unit or generator set as an alternative to
18idling the main engine of a motor vehicle operating on diesel
19fuel.
20    (f) This Section does not apply to the owner of a motor
21vehicle rented or leased to another entity or person operating
22the vehicle.
23    (g) Any person convicted of any violation of this Section
24is guilty of a petty offense and shall be fined $90 for the
25first conviction and $500 for a second or subsequent conviction
26within any 12 month period.

 

 

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1    (h) Fines; distribution. All fines and all penalties
2collected under this Section shall be deposited in the State
3Treasury and shall be distributed as follows: (i) $50 for the
4first conviction and $150 for a second or subsequent conviction
5within any 12 month period under this Section shall be
6deposited into the State's General Revenue Fund; (ii) $20 for
7the first conviction and $262.50 for a second or subsequent
8conviction within any 12 month period under this Section shall
9be distributed to the law enforcement agency that issued the
10citation; and (iii) $20 for the first conviction and $87.50 for
11a second or subsequent conviction within any 12 month period
12under this Section shall be deposited into the Trucking
13Environmental and Education Fund.
14    (i) The Trucking Environmental and Education Fund is
15created as a special fund in the State Treasury. All money
16deposited into the Trucking Environmental and Education Fund
17shall be paid, subject to appropriation by the General
18Assembly, to the Illinois Environmental Protection Agency for
19the purpose of educating the trucking industry on air pollution
20and preventative measures specifically related to idling. Any
21interest earned on deposits into the Fund shall remain in the
22Fund and be used for the purposes set forth in this subsection.
23Notwithstanding any other law to the contrary, the Fund is not
24subject to administrative charges or charge-backs that would in
25any way transfer moneys from the Fund into any other fund of
26the State.

 

 

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1(Source: P.A. 96-576, eff. 8-18-09.)