Senate Bill No. 183
(By Senator D. Facemire)
[Introduced January 13, 2010; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17C-13A-1,
§17C-13A-2, §17C-13A-3, §17C-13A-4, §17C-13A-5, §17C-13A-6,
§17C-13A-7, §17C-13A-8 and §17C-13A-9, all relating to
prohibiting diesel-powered motor vehicles from excessive
idling; defining terms; placing restrictions on idling;
providing exceptions to idling restrictions; establishing a
misdemeanor offense of excessive idling; providing criminal
penalties; and providing enforcement by the Department of
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §17C-13A-1, §17C-13A-2,
§17C-13A-3, §17C-13A-4, §17C-13A-5, §17C-13A-6, §17C-13A-7, §17C-13A-8 and §17C-13A-9, all to read as follows:
ARTICLE 13A. DIESEL-POWERED MOTOR VEHICLE IDLING ACT.
The following words and phrases when used in this article have
the meanings given to them in this section unless the context
clearly indicates otherwise:
(a) "Bus" means the same as that term is defined in section
thirteen, article one, chapter seventeen of this code.
(b) "Bus depot" means a location where buses are routinely
kept overnight, including any garage structure or outdoor bus
parking area or both.
(c) "Department" means the Department of Environmental
Protection as set forth in chapter twenty-two of this code.
(d) "Diesel powered" means a type of engine that has operating
characteristics significantly similar to the theoretical diesel
(e) "Farm tractor" means the same as that term is defined in
section ten, article one of this chapter.
(f) "Highway" means the same as that term is defined under
section three, article one, chapter seventeen of this code.
(g) "Idle reduction technology" means any device or system of
devices that is installed on a motor vehicle subject to this
article and is designed to provide it those services, such as heat,
air conditioning and electricity, that would otherwise require the operation of the main drive engine while the motor vehicle is
temporarily parked or remains stationary.
(h) "Idling" means operation of the main propulsion engine of
a motor vehicle while the vehicle is stationary.
(i) "Implement of husbandry" means the same as that term is
defined in section one, article one, chapter seventeen-a of this
(j) "Motor home" means the same as that term is defined in
section one, article one, chapter seventeen-a of this code.
(k) "Motor vehicle" means the same as that term is defined in
section three, article one of this chapter.
(l) "School bus" means the same as that term is defined in
section seven, article one of this chapter.
(m) "School grounds" means the same as that term is defined in
section fifty-five, article one of this chapter.
(n) "Stationary idle reduction technology" means equipment
that transforms power from the electric grid for the purpose of
delivering usable electric power, heat or air conditioning to a
motor vehicle for the purpose of reducing main engine idling.
§17C-13A-2. Restrictions on idling.
No driver or owner of a diesel-powered motor vehicle with a
gross vehicle weight of ten thousand one pounds or more engaged in
commerce may cause, and no owner or operator of the location where
the vehicle loads, unloads or parks, may allow the engine of the vehicle to idle for more than five minutes in any continuous sixty-
minute period, except as provided under section three of this
(a) The idling restrictions set forth in section two of this
article do not apply to motor homes, commercial implements of
husbandry, implements of husbandry, or farm tractors.
(b) A diesel-powered motor vehicle with a gross weight of ten
thousand one 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 does not apply when idling
is done for cabin comfort or to operate nonessential onboard
(7) When idling of a primary propulsion engine is necessary as
part of a security inspection either entering or exiting a
(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
thirty days of the repair.
(10) When a bus or school bus must idle to provide heating or
air conditioning when nondriver passengers are onboard. For the
purposes of this exemption, the bus or school bus may idle for no
more than a total of fifteen minutes in a continuous sixty-minute
period, except when idling is necessary to maintain a safe
temperature for students with special needs who are transported by
a school bus.
(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 forty degrees or greater than seventy-five
degrees Fahrenheit at any time during the rest or sleep period.
This applies to a motor vehicle subject to this article 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 designed rest area. This exemption expires May 1, 2011.
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 fifteen minutes in any continuous sixty-minute period.
(13) When idling by a school bus off school grounds 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
section eleven, article seventeen of this chapter.
(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
(16) When a diesel-powered motor vehicle 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.
§17C-13A-4. Increase of weight limit.
The maximum gross weight limit and axle weight limit for any
motor vehicle equipped with idle reduction technology may be
increased by an amount necessary to compensate for the additional
weight of the idle reduction technology as provided under 23 U.S.C. §127(a)(12), as that section exists on the effective date of this
article. The additional amount of weight allowed by this section
may not be construed to be in addition to the tolerance authorized
under section eleven-a, article seventeen of this chapter.
(a) The driver or owner of a diesel-powered motor vehicle with
a gross weight of ten thousand one pounds or more engaged in
commerce or the owner or operator of a location where such vehicles
load, unload or park that violates the provisions of this article
is guilty of a misdemeanor and, upon conviction thereof, pay a fine
of not less than $150 and not more than $300 and court costs.
(b) In addition to proceeding under any other remedy available
at law for a violation of this article, the department may issue
such orders as are necessary to aid in the enforcement of the
provisions of this article and may assess a civil penalty for the
violation pursuant to section six, article five, chapter twenty-two
of this code.
If the driver of a diesel-powered motor vehicle subject to
this article is convicted of a misdemeanor offense pursuant to this
article is not the owner of the vehicle, the department shall,
under procedures established in cooperation with the Division of
Motor Vehicles, notify the vehicle owner that the driver has been
convicted or assessed a civil penalty. The department may consult with the Division of Motor Vehicles in the development of
notification procedures, as appropriate. The procedures shall
include provisions to allow for reimbursement of the Division of
Motor Vehicles expenses incurred in the implementation of this
The Secretary of the Department of Environmental Protection
may designate employees of the department to enforce the provisions
of this article pursuant to the provisions of section five of this
article. The Attorney General and his or her assistants and the
prosecuting attorneys of the several counties shall render to the
secretary or his or her designee without additional compensation
such legal services as the secretary or his or her designee may
require to enforce the provisions of this article.
§17C-13A-8. Permanent idling restriction signs.
An owner or operator of a location where vehicles subject to
this article load or unload, or a location that provides fifteen or
more parking spaces for vehicles subject to this article shall
erect and maintain a permanent sign to inform drivers that idling
is restricted in this state pursuant to the provisions of section
three, article thirteen-a, chapter seventeen-c of this code.
(a) The provisions of this article preempt and supersede a
local ordinance or rule concerning the subject matter of this article.
(b) This article does not prevent the department from
regulating motor vehicle emissions pursuant to the provisions of
section fifteen, article five, chapter twenty-two of this code and
any legislative rules promulgated pursuant to that section.
NOTE: The purpose of this bill is to
prohibit diesel powered
motor vehicles from excessive idling; to define terms; to place
restrictions on idling; to provide exceptions to idling
restrictions; to establish a misdemeanor offense of excessive
idling; to provide criminal penalties; and to provide enforcement
by the Department of Environmental Protection.
This article is
new; therefore, strike-throughs and
underscoring have been omitted.