Section 3. Restrictions on idling.
(a) Restrictions.--No driver or owner of a diesel-powered motor vehicle with a gross weight of 10,001 pounds or more, engaged in commerce, shall cause and no owner or operator of the location where the vehicle loads, unloads or parks shall allow the engine of the vehicle to idle for more than five minutes in any continuous 60-minute period, except as provided under subsections (b) and (c).
(b) Exclusions.--The idling restrictions set forth in subsection (a) do not apply to motor homes, commercial implements of husbandry, implements of husbandry, farm equipment or farm vehicles.
(c) Exemptions.--A diesel-powered motor vehicle with a gross weight of 10,001 pounds or more may idle beyond the time allowed in subsection (a) for one or more of the following reasons:
(1) When a 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.
(2) When a vehicle must idle to operate defrosters,
heaters, air conditioners or cargo refrigeration equipment,
or to install equipment, in order to prevent a safety or
health emergency and not for the purpose of a rest period, or
as otherwise necessary to comply with manufacturers'
operating requirements, specifications and warranties in
accordance with Federal or State motor carrier safety
regulations or local requirements.
(3) When a police, fire, ambulance, public safety,
military, utility service vehicle or other emergency or law
enforcement vehicle or any vehicle being used in an emergency
or public safety capacity shall idle while in an emergency or
training mode and not for the convenience of the driver.
(4) When the primary propulsion engine idles for
maintenance, particulate matter trap regeneration, servicing
or repair of the vehicle or for vehicle diagnostic purposes,
if idling is required for that activity.
(5) When a vehicle idles as part of a Federal or State
inspection to verify that all equipment is in good working
order, if idling is required as part of the inspection.
(6) When idling of a primary propulsion engine is
necessary to power work-related mechanical, safety or
electrical operations other than propulsion. This exemption
shall not apply when idling is done for cabin comfort or to
operate nonessential onboard equipment.
(7) When idling of a primary propulsion engine is
necessary as part of a security inspection either entering or
exiting a facility.
(8) When an armored vehicle must idle when a person
remains inside the vehicle to guard contents or while the
vehicle is being loaded or unloaded.
(9) When a vehicle must idle due to mechanical
difficulties over which the driver has no control, if the
vehicle owner submits the repair paperwork or product repair
verifying that the mechanical problem has been fixed, by
mail, to the department within 30 days of the repair.
(10) When a bus, school bus or school vehicle must idle
to provide heating or air conditioning when nondriver
passengers are onboard. For the purposes of this exemption,
the bus, school bus or school vehicle may idle for no more
than a total of 15 minutes in a continuous 60-minute period,
except when idling is necessary to maintain a safe
temperature for students with special needs who are
transported by a school bus or school vehicle.
(11) An occupied vehicle with a sleeper-berth
compartment that idles for purposes of air conditioning or
heating during a rest or sleep period and the outside
temperature at the location of the vehicle is less than 40
degrees or greater than 75 degrees Fahrenheit at any time
during the rest or sleep period. This applies to a motor
vehicle subject to this act parked in any place that the
vehicle is legally permitted to park, including, but not
limited to, a fleet trucking terminal, commercial truck stop
or designated rest area. This exemption expires May 1, 2010.
This exemption does not apply if the vehicle is parked at a
location equipped with stationary idle reduction technology
that is available for use at the start of the rest period.
(12) When idling is necessary for sampling, weighing,
active loading or active unloading or for an attended motor
vehicle waiting for sampling, weighing, loading or unloading.
For the purposes of this exemption, the vehicle may idle for
up to a total of 15 minutes in any continuous 60-minute
period.
(13) When idling by a school bus or school vehicle off
school property during queuing for the sequential discharge
or pickup of students is necessary because the physical
configuration of a school or the school's surrounding streets
does not allow for stopping.
(14) When idling is necessary for maintaining safe
operating conditions while waiting for a police escort when
transporting a load that requires the issuance of a permit in
accordance with 75 Pa.C.S. Ch. 49 Subch. D (relating to
special permits for excessive size and weight).
(15) When actively engaged in solid waste collection or
the collection of source-separated recyclable materials. This
exemption does not apply when a vehicle is not actively
engaged in solid waste collection or the collection of
source-separated recyclable materials.
(d) Exception.--The restriction on idling set forth in subsection (a) does not apply to a diesel-powered motor vehicle that exhibits a label issued by the California Air Resources Board under 13 CCR 1956.8(a)(6)(C) (relating to exhaust emissions standards and test procedures - 1985 and subsequent model heavy-duty engines and vehicles) showing that the vehicle's engine meets the optional NOx idling emission standard.