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Public Act 100-0435


 

Public Act 0435 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0435
 
SB1429 EnrolledLRB100 06042 AXK 16073 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 11-1401 and 11-1429 and by adding Section 1-171.01d as
follows:
 
    (625 ILCS 5/1-171.01d new)
    Sec. 1-171.01d. Remote starter system. Any device
installed in a motor vehicle that allows the engine of the
vehicle to be started by remote or radio control.
 
    (625 ILCS 5/11-1401)  (from Ch. 95 1/2, par. 11-1401)
    Sec. 11-1401. Unattended motor vehicles. Except for a law
enforcement officer or an operator of an authorized emergency
vehicle performing his or her official duties, no No person
driving or in charge of a motor vehicle shall permit it to
stand unattended without first stopping the engine, locking the
ignition, removing the key from the ignition, effectively
setting the brake thereon and, when standing upon any
perceptible grade, turning the front wheels to the curb or side
of the highway. An unattended motor vehicle shall not include
an unattended locked motor vehicle with the engine running
after being started by a remote starter system.
(Source: P.A. 79-1069)
 
    (625 ILCS 5/11-1429)
    Sec. 11-1429. Excessive idling.
    (a) The purpose of this law is to protect public health and
the environment by reducing emissions while conserving fuel and
maintaining adequate rest and safety of all drivers of diesel
vehicles.
    (b) As used in this Section, "affected areas" means the
counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison,
St. Clair, and Monroe and the townships of Aux Sable and Goose
Lake in Grundy County and the township of Oswego in Kendall
County.
    (c) A person that operates a motor vehicle operating on
diesel fuel in an affected area may not cause or allow the
motor vehicle, when it is not in motion, to idle for more than
a total of 10 minutes within any 60 minute period, except under
the following circumstances:
        (1) the motor vehicle has a Gross Vehicle Weight Rating
    of less than 8,000 pounds;
        (2) the motor vehicle idles while forced to remain
    motionless because of on-highway traffic, an official
    traffic control device or signal, or at the direction of a
    law enforcement official;
        (3) the motor vehicle idles when operating defrosters,
    heaters, air conditioners, or other equipment solely to
    prevent a safety or health emergency;
        (4) a police, fire, ambulance, public safety, other
    emergency or law enforcement motor vehicle, or any motor
    vehicle used in an emergency capacity, idles while in an
    emergency or training mode and not for the convenience of
    the vehicle operator;
        (5) the primary propulsion engine idles for
    maintenance, servicing, repairing, or diagnostic purposes
    if idling is necessary for such activity;
        (6) a motor vehicle idles as part of a government
    inspection to verify that all equipment is in good working
    order, provided idling is required as part of the
    inspection;
        (7) when idling of the motor vehicle is required to
    operate auxiliary equipment to accomplish the intended use
    of the vehicle (such as loading, unloading, mixing, or
    processing cargo; controlling cargo temperature;
    construction operations; lumbering operations; oil or gas
    well servicing; or farming operations), provided that this
    exemption does not apply when the vehicle is idling solely
    for cabin comfort or to operate non-essential equipment
    such as air conditioning, heating, microwave ovens, or
    televisions;
        (8) an armored motor vehicle idles when a person
    remains inside the vehicle to guard the contents, or while
    the vehicle is being loaded or unloaded;
        (9) a bus idles a maximum of 15 minutes in any 60
    minute period to maintain passenger comfort while
    non-driver passengers are on board;
        (10) if the motor vehicle has a sleeping berth, when
    the operator is occupying the vehicle during a rest or
    sleep period and idling of the vehicle is required to
    operate air conditioning or heating;
        (11) when the motor vehicle idles due to mechanical
    difficulties over which the operator has no control;
        (12) the motor vehicle is used as airport ground
    support equipment, including, but not limited to, motor
    vehicles operated on the air side of the airport terminal
    to service or supply aircraft;
        (13) the motor vehicle is (i) a bus owned by a public
    transit authority and (ii) being operated on a designated
    bus route or on a street or highway between designated bus
    routes for the provision of public transportation;
        (14) the motor vehicle is an implement of husbandry
    exempt from registration under subdivision A(2) of Section
    3-402 of this Code;
        (15) the motor vehicle is owned by an electric utility
    and is operated for electricity generation or hydraulic
    pressure to power equipment necessary in the restoration,
    repair, modification or installation of electric utility
    service; or
        (16) the outdoor temperature is less than 32 degrees
    Fahrenheit or greater than 80 degrees Fahrenheit; or .
        (17) the motor vehicle idles while being operated by a
    remote starter system.
    (d) When the outdoor temperature is 32 degrees Fahrenheit
or higher and 80 degrees Fahrenheit or lower, a person who
operates a motor vehicle operating on diesel fuel in an
affected area may not cause or allow the motor vehicle to idle
for a period greater than 30 minutes in any 60 minute period
while waiting to weigh, load, or unload cargo or freight,
unless the vehicle is in a line of vehicles that regularly and
periodically moves forward.
    (e) This Section does not prohibit the operation of an
auxiliary power unit or generator set as an alternative to
idling the main engine of a motor vehicle operating on diesel
fuel.
    (f) This Section does not apply to the owner of a motor
vehicle rented or leased to another entity or person operating
the vehicle.
    (g) Any person convicted of any violation of this Section
is guilty of a petty offense and shall be fined $90 for the
first conviction and $500 for a second or subsequent conviction
within any 12 month period.
    (h) Fines; distribution. All fines and all penalties
collected under this Section shall be deposited in the State
Treasury and shall be distributed as follows: (i) $50 for the
first conviction and $150 for a second or subsequent conviction
within any 12 month period under this Section shall be
deposited into the State's General Revenue Fund; (ii) $20 for
the first conviction and $262.50 for a second or subsequent
conviction within any 12 month period under this Section shall
be distributed to the law enforcement agency that issued the
citation; and (iii) $20 for the first conviction and $87.50 for
a second or subsequent conviction within any 12 month period
under this Section shall be deposited into the Trucking
Environmental and Education Fund.
    (i) The Trucking Environmental and Education Fund is
created as a special fund in the State Treasury. All money
deposited into the Trucking Environmental and Education Fund
shall be paid, subject to appropriation by the General
Assembly, to the Illinois Environmental Protection Agency for
the purpose of educating the trucking industry on air pollution
and preventative measures specifically related to idling. Any
interest earned on deposits into the Fund shall remain in the
Fund and be used for the purposes set forth in this subsection.
Notwithstanding any other law to the contrary, the Fund is not
subject to administrative charges or charge-backs that would in
any way transfer moneys from the Fund into any other fund of
the State.
(Source: P.A. 96-576, eff. 8-18-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2017