Bill Text: NY A05014 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits idling of heavy duty vehicles and sets forth exceptions; provides for assigning of points to violation as the commissioner deems appropriate.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A05014 Detail]

Download: New_York-2019-A05014-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5014
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2019
                                       ___________
        Introduced  by  M. of A. RAIA, FINCH, McDONOUGH -- Multi-Sponsored by --
          M. of A.  M. L. MILLER -- read once and referred to the  Committee  on
          Transportation
        AN  ACT  to  amend the vehicle and traffic law, in relation to idling of
          heavy duty vehicles
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  375 of the vehicle and traffic law is amended by
     2  adding a new subdivision 53 to read as follows:
     3    53. (a) No person who owns, operates or leases a  heavy  duty  vehicle
     4  including  a  bus  or truck, the motive power for which is provided by a
     5  diesel or nondiesel fueled engine or who owns, leases or  occupies  land
     6  and has the actual or apparent dominion or control over the operation of
     7  a  heavy duty vehicle including a bus or truck present on such land, the
     8  motive power for which said heavy duty vehicle is provided by  a  diesel
     9  or  non-diesel  fueled  engine  shall allow or permit the engine of such
    10  heavy duty vehicle to idle for more than five consecutive  minutes  when
    11  the heavy duty vehicle is not in motion.
    12    (b)  The  prohibitions  of paragraph (a) of this subdivision shall not
    13  apply when:
    14    (i) A diesel or nondiesel fueled heavy duty vehicle including a bus or
    15  truck is forced to remain motionless because of the  traffic  conditions
    16  over which the operator thereof has no control.
    17    (ii)  Regulations  adopted  by federal, state or local agencies having
    18  jurisdiction require the  maintenance  of  a  specific  temperature  for
    19  passenger  comfort.  The  idling time specified in paragraph (a) of this
    20  subdivision may be increased, but only to the extent necessary to comply
    21  with such regulations.
    22    (iii) A diesel or nondiesel fueled engine is  being  used  to  provide
    23  power  for an auxiliary purpose, such as loading, discharging, mixing or
    24  processing cargo, controlling cargo temperature,  construction,  lumber-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07977-01-9
        A. 5014                             2
     1  ing, oil or gas well servicing, farming, or when operation of the engine
     2  is required for the purpose of maintenance.
     3    (iv)  Fire,  police  and  public  utility trucks or other vehicles are
     4  performing emergency services.
     5    (v) Trucks owned or operated by persons engaged in mining and  quarry-
     6  ing are used within the confines of such person's property.
     7    (vi)  A  diesel fueled truck remains motionless for a period exceeding
     8  two hours, and during which period the ambient  temperature  is  contin-
     9  uously below twenty-five degrees Fahrenheit.
    10    (vii)  A  heavy  duty  diesel  vehicle,  as defined in NYCRR6, that is
    11  queued for or is undergoing a  state  authorized  periodic  or  roadside
    12  diesel emissions inspection to NYCRR6.
    13    (viii) A hybrid electric vehicle, as defined in NYCRR6, idling for the
    14  purpose  of providing energy for battery or other form of energy storage
    15  recharging.
    16    (ix) Heavy duty vehicles used for agricultural purposes on a farm.
    17    (x) Electric powered vehicles.
    18    § 2. This act shall take effect on the first of January next  succeed-
    19  ing  the  date  on which it shall have become a law. The commissioner of
    20  motor vehicles shall promulgate rules and regulations as  are  necessary
    21  to effectuate the implementation of this act and shall assign points for
    22  violations of section one of this act as the commissioner of motor vehi-
    23  cles deems appropriate.