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| Public Act 101-0319
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| SB1256 Enrolled | LRB101 08358 TAE 53427 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 11-1429 as follows:
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(625 ILCS 5/11-1429)
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Sec. 11-1429. Excessive idling. |
(a) The purpose of 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
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motor vehicle, when it is not in motion, to idle for more than
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a total of 10 minutes within any 60 minute period, except under |
the following circumstances:
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(1) the motor vehicle has a Gross Vehicle Weight Rating
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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;
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(3) the motor vehicle idles when operating defrosters, |
heaters, air conditioners, or other equipment solely to |
prevent a safety or health emergency;
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(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;
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(5) the primary propulsion engine idles for |
maintenance, servicing, repairing, or diagnostic purposes |
if idling is necessary for such activity;
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(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;
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(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;
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(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;
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(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;
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(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;
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(11) when the motor vehicle idles due to mechanical |
difficulties over which the operator has no control;
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(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;
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(13) the motor vehicle is (i) a bus owned by a public
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transit authority and (ii) being operated on a designated
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bus route or on a street or highway between designated bus
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routes for the provision of public transportation;
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(14) the motor vehicle is an implement of husbandry
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exempt from registration under subdivision A(2) of Section
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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; |
(16) the outdoor temperature is less than 32 degrees |
Fahrenheit or greater than 80 degrees Fahrenheit; or |
(17) the motor vehicle idles while being operated by a |
remote starter system. |
(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.
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(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.
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(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 |
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first
conviction and $500 for a second or subsequent conviction
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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 |
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any way transfer moneys from the Fund into any other fund of |
the State. |
(j) Notwithstanding any other provision of this Section, a |
person who operates a motor vehicle with a gross vehicle weight |
rating of 8,000 pounds or more operating on diesel fuel on |
property that (i) offers paid parking services to vehicle |
owners, (ii) does not involve fuel dispensing, and (iii) is |
located in an affected area within a county of over 3 million |
residents but outside of a municipality of over 2 million |
residents 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 under any circumstances if the |
vehicle is within 200 feet of a residential area. This Section |
may be enforced by either the law enforcement agency having |
jurisdiction over the residential area or the law enforcement |
agency having jurisdiction over the property on which the |
violation took place. This subsection does not apply to: |
(1) school buses; |
(2) waste hauling vehicles; |
(3) facilities operated by the Department of |
Transportation; |
(4) vehicles owned by a public utility and operated to |
power equipment necessary in the restoration, repair, |
modification, or installation of a utility service; or |
(5) ambulances. |
(Source: P.A. 100-435, eff. 8-25-17.)
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