Full Text of HB5662 100th General Assembly
HB5662 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5662 Introduced , by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-1429 | | 625 ILCS 5/11-1429.5 new | |
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Amends the Illinois Vehicle Code. Provides that, with exceptions, a school bus may not idle in excess of 3 minutes in a 60 minute period. Provides that a person convicted of a violation of the new provision is guilty of a petty offense and shall be fined $100 for the first conviction and $500 for a second or subsequent conviction within any 12 month period. Makes a corresponding change.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-1429 and by adding Section 11-1429.5 as follows: | 6 | | (625 ILCS 5/11-1429)
| 7 | | Sec. 11-1429. Excessive idling. | 8 | | (a) The purpose of this law is to protect public health and | 9 | | the environment by reducing emissions while conserving fuel and | 10 | | maintaining adequate rest and safety of all drivers of diesel | 11 | | vehicles. | 12 | | (b) As used in this Section, "affected areas" means the | 13 | | counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, | 14 | | St. Clair, and Monroe and the townships of Aux Sable and Goose | 15 | | Lake in Grundy County and the township of Oswego in Kendall | 16 | | County. | 17 | | (c) Except as otherwise provided in Subsection 11-1429.5, a | 18 | | A person that operates a motor
vehicle operating on diesel fuel | 19 | | in an affected area may not cause or allow the
motor vehicle, | 20 | | when it is not in motion, to idle for more than
a total of 10 | 21 | | minutes within any 60 minute period, except under the following | 22 | | circumstances:
| 23 | | (1) the motor vehicle has a Gross Vehicle Weight Rating
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| 1 | | of less than 8,000 pounds;
| 2 | | (2) the motor vehicle idles while forced to remain | 3 | | motionless because of on-highway traffic, an official | 4 | | traffic control device or signal, or at the direction of a | 5 | | law enforcement official;
| 6 | | (3) the motor vehicle idles when operating defrosters, | 7 | | heaters, air conditioners, or other equipment solely to | 8 | | prevent a safety or health emergency;
| 9 | | (4) a police, fire, ambulance, public safety, other | 10 | | emergency or law enforcement motor vehicle, or any motor | 11 | | vehicle used in an emergency capacity, idles while in an | 12 | | emergency or training mode and not for the convenience of | 13 | | the vehicle operator;
| 14 | | (5) the primary propulsion engine idles for | 15 | | maintenance, servicing, repairing, or diagnostic purposes | 16 | | if idling is necessary for such activity;
| 17 | | (6) a motor vehicle idles as part of a government | 18 | | inspection to verify that all equipment is in good working | 19 | | order, provided idling is required as part of the | 20 | | inspection;
| 21 | | (7) when idling of the motor vehicle is required to | 22 | | operate auxiliary equipment to accomplish the intended use | 23 | | of the vehicle (such as loading, unloading, mixing, or | 24 | | processing cargo; controlling cargo temperature; | 25 | | construction operations; lumbering operations; oil or gas | 26 | | well servicing; or farming operations), provided that this |
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| 1 | | exemption does not apply when the vehicle is idling solely | 2 | | for cabin comfort or to operate non-essential equipment | 3 | | such as air conditioning, heating, microwave ovens, or | 4 | | televisions;
| 5 | | (8) an armored motor vehicle idles when a person | 6 | | remains inside the vehicle to guard the contents, or while | 7 | | the vehicle is being loaded or unloaded;
| 8 | | (9) a bus idles a maximum of 15 minutes in any 60 | 9 | | minute period to maintain passenger comfort while | 10 | | non-driver passengers are on board;
| 11 | | (10) if the motor vehicle has a sleeping berth, when | 12 | | the operator is occupying the vehicle during a rest or | 13 | | sleep period and idling of the vehicle is required to | 14 | | operate air conditioning or heating;
| 15 | | (11) when the motor vehicle idles due to mechanical | 16 | | difficulties over which the operator has no control;
| 17 | | (12) the motor vehicle is used as airport ground | 18 | | support
equipment, including, but not limited to, motor | 19 | | vehicles
operated on the air side of the airport terminal | 20 | | to service
or supply aircraft;
| 21 | | (13) the motor vehicle is (i) a bus owned by a public
| 22 | | transit authority and (ii) being operated on a designated
| 23 | | bus route or on a street or highway between designated bus
| 24 | | routes for the provision of public transportation;
| 25 | | (14) the motor vehicle is an implement of husbandry
| 26 | | exempt from registration under subdivision A(2) of Section
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| 1 | | 3-402 of this Code;
| 2 | | (15) the motor vehicle is owned by an electric utility | 3 | | and is operated for electricity generation or hydraulic | 4 | | pressure to power equipment necessary in the restoration, | 5 | | repair, modification or installation of electric utility | 6 | | service; | 7 | | (16) the outdoor temperature is less than 32 degrees | 8 | | Fahrenheit or greater than 80 degrees Fahrenheit; or | 9 | | (17) the motor vehicle idles while being operated by a | 10 | | remote starter system. | 11 | | (d) When the outdoor temperature is 32 degrees Fahrenheit | 12 | | or higher and 80 degrees Fahrenheit or lower, a person who | 13 | | operates a motor vehicle operating on diesel fuel in an | 14 | | affected area may not cause or allow the motor vehicle to idle | 15 | | for a period greater than 30 minutes in any 60 minute period | 16 | | while waiting to weigh, load, or unload cargo or freight, | 17 | | unless the vehicle is in a line of vehicles that regularly and | 18 | | periodically moves forward.
| 19 | | (e) This Section does not prohibit the operation of an | 20 | | auxiliary power unit or generator set as an alternative to | 21 | | idling the main engine of a motor vehicle operating on diesel | 22 | | fuel.
| 23 | | (f) This Section does not apply to the owner of a motor | 24 | | vehicle rented or leased to another entity or person operating | 25 | | the vehicle. | 26 | | (g) Any person convicted of any violation of this Section |
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| 1 | | is guilty of
a petty offense and shall be fined $90 for the | 2 | | first
conviction and $500 for a second or subsequent conviction
| 3 | | within any 12 month period.
| 4 | | (h) Fines; distribution. All fines and all penalties | 5 | | collected under this Section shall be deposited in the State | 6 | | Treasury and shall be distributed as follows: (i) $50 for the | 7 | | first conviction and $150 for a second or subsequent conviction | 8 | | within any 12 month period under this Section shall be | 9 | | deposited into the State's General Revenue Fund; (ii) $20 for | 10 | | the first conviction and $262.50 for a second or subsequent | 11 | | conviction within any 12 month period under this Section shall | 12 | | be distributed to the law enforcement agency that issued the | 13 | | citation; and (iii) $20 for the first conviction and $87.50 for | 14 | | a second or subsequent conviction within any 12 month period | 15 | | under this Section shall be deposited into the Trucking | 16 | | Environmental and Education Fund. | 17 | | (i) The Trucking Environmental and Education Fund is | 18 | | created as a special fund in the State Treasury. All money | 19 | | deposited into the Trucking Environmental and Education Fund | 20 | | shall be paid, subject to appropriation by the General | 21 | | Assembly, to the Illinois Environmental Protection Agency for | 22 | | the purpose of educating the trucking industry on air pollution | 23 | | and preventative measures specifically related to idling. Any | 24 | | interest earned on deposits into the Fund shall remain in the | 25 | | Fund and be used for the purposes set forth in this subsection. | 26 | | Notwithstanding any other law to the contrary, the Fund is not |
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| 1 | | subject to administrative charges or charge-backs that would in | 2 | | any way transfer moneys from the Fund into any other fund of | 3 | | the State. | 4 | | (Source: P.A. 100-435, eff. 8-25-17.) | 5 | | (625 ILCS 5/11-1429.5 new) | 6 | | Sec. 11-1429.5. School bus idling. | 7 | | (a) The purpose of this Section is to reduce public | 8 | | exposure, especially school age children exposure, to diesel | 9 | | exhaust particulate matter and other toxic air contaminants by | 10 | | limiting unnecessary idling of specified vehicular sources. | 11 | | (b) This Section applies to the operation of every school | 12 | | bus as defined in Section 1-182. | 13 | | (c) This Section applies to school buses operating in every | 14 | | county in the State, independent of that county's status as an | 15 | | affected area as defined in subsection (b) of Section 11-1429. | 16 | | (d) As used in this Section, "school" means the following | 17 | | entities: | 18 | | (1) a public or private primary or secondary school; | 19 | | (2) a primary or secondary school operated by a | 20 | | religious institution; or | 21 | | (3) a public, private, or religious nursery school. | 22 | | (e) As used in this Section, "school zone" means the area | 23 | | within 1,000 feet of a school as defined in subsection (d). | 24 | | (f) Any person that operates a school bus operating on | 25 | | diesel fuel may not cause or allow that school bus, while it is |
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| 1 | | not in motion, to idle in a school zone for more than a total of | 2 | | 3 minutes within any 60 minute period, except under the | 3 | | following circumstances: | 4 | | (1) the outdoor temperature is less than 32 degrees | 5 | | Fahrenheit or greater than 80 degrees Fahrenheit; or | 6 | | (2) when the school bus is forced to remain motionless | 7 | | because of traffic conditions or mechanical difficulties | 8 | | over which the operator has no control. | 9 | | (g) Any person convicted of any violation of this Section | 10 | | is guilty of a petty offense and shall be fined $100 for the | 11 | | first conviction and $500 for a second or subsequent conviction | 12 | | within any 12 month period.
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