Bill Text: IL HB1289 | 2013-2014 | 98th General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1289 Detail]

Download: Illinois-2013-HB1289-Introduced.html

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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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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
Section 11-1429 as follows:
(625 ILCS 5/11-1429)
Sec. 11-1429. Excessive idling.
(a) The purpose of this 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;

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(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

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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;

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(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.
(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.

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(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.

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