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

    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.


LRB100 20791 LNS 36281 b

 

 

A BILL FOR

 

HB5662LRB100 20791 LNS 36281 b

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 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
9the environment by reducing emissions while conserving fuel and
10maintaining adequate rest and safety of all drivers of diesel
11vehicles.
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) Except as otherwise provided in Subsection 11-1429.5, a
18A person that operates a motor vehicle operating on diesel fuel
19in an affected area may not cause or allow the motor vehicle,
20when it is not in motion, to idle for more than a total of 10
21minutes within any 60 minute period, except under the following
22circumstances:
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
12or higher and 80 degrees Fahrenheit or lower, a person who
13operates a motor vehicle operating on diesel fuel in an
14affected area may not cause or allow the motor vehicle to idle
15for a period greater than 30 minutes in any 60 minute period
16while waiting to weigh, load, or unload cargo or freight,
17unless the vehicle is in a line of vehicles that regularly and
18periodically moves forward.
19    (e) This Section does not prohibit the operation of an
20auxiliary power unit or generator set as an alternative to
21idling the main engine of a motor vehicle operating on diesel
22fuel.
23    (f) This Section does not apply to the owner of a motor
24vehicle rented or leased to another entity or person operating
25the vehicle.
26    (g) Any person convicted of any violation of this Section

 

 

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1is guilty of a petty offense and shall be fined $90 for the
2first conviction and $500 for a second or subsequent conviction
3within any 12 month period.
4    (h) Fines; distribution. All fines and all penalties
5collected under this Section shall be deposited in the State
6Treasury and shall be distributed as follows: (i) $50 for the
7first conviction and $150 for a second or subsequent conviction
8within any 12 month period under this Section shall be
9deposited into the State's General Revenue Fund; (ii) $20 for
10the first conviction and $262.50 for a second or subsequent
11conviction within any 12 month period under this Section shall
12be distributed to the law enforcement agency that issued the
13citation; and (iii) $20 for the first conviction and $87.50 for
14a second or subsequent conviction within any 12 month period
15under this Section shall be deposited into the Trucking
16Environmental and Education Fund.
17    (i) The Trucking Environmental and Education Fund is
18created as a special fund in the State Treasury. All money
19deposited into the Trucking Environmental and Education Fund
20shall be paid, subject to appropriation by the General
21Assembly, to the Illinois Environmental Protection Agency for
22the purpose of educating the trucking industry on air pollution
23and preventative measures specifically related to idling. Any
24interest earned on deposits into the Fund shall remain in the
25Fund and be used for the purposes set forth in this subsection.
26Notwithstanding any other law to the contrary, the Fund is not

 

 

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1subject to administrative charges or charge-backs that would in
2any way transfer moneys from the Fund into any other fund of
3the 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
8exposure, especially school age children exposure, to diesel
9exhaust particulate matter and other toxic air contaminants by
10limiting unnecessary idling of specified vehicular sources.
11    (b) This Section applies to the operation of every school
12bus as defined in Section 1-182.
13    (c) This Section applies to school buses operating in every
14county in the State, independent of that county's status as an
15affected area as defined in subsection (b) of Section 11-1429.
16    (d) As used in this Section, "school" means the following
17entities:
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
23within 1,000 feet of a school as defined in subsection (d).
24    (f) Any person that operates a school bus operating on
25diesel fuel may not cause or allow that school bus, while it is

 

 

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1not in motion, to idle in a school zone for more than a total of
23 minutes within any 60 minute period, except under the
3following 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
10is guilty of a petty offense and shall be fined $100 for the
11first conviction and $500 for a second or subsequent conviction
12within any 12 month period.