SB183 SUB1 enr
Senate Bill No. 183
(Senator D. Facemire, original sponsor)
[Passed March 13, 2010; in effect ninety days from passage.]
AN ACT 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; allowing for
weight adjustments for idle reduction technology; establishing
a misdemeanor offense of excessive idling on the owners and
operators of the vehicles in violation of the idling
restrictions; establishing a misdemeanor offense for the
allowance of excessive idling in violation of the idling
restrictions by owners and operators of a location where such
vehicles load, unload or park; providing criminal penalties;
requiring the owner or operation of certain locations to post
notice of the idling restrictions; providing for notice of
offense to the vehicle owner of driver convictions for offenses; providing for enforcement by any member of the
division of public safety, any sheriff or deputy sheriff, any
member of a municipal police department and any designated
officers of the Public Service Commission; preempting local
ordinances; and allowing for additional regulation of motor
vehicle emissions by the Division of Environmental Protection.
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) "Commission" or "public service commission" means the
public service commission of West Virginia.
(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 fifteen 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) The idling restrictions set forth in section two of this
article do not apply to construction equipment that cannot be
licensed for on-road driving or construction equipment that is not
designed primarily for on-road driving, notwithstanding that such
equipment may be operated or driven on-road from time to time and
in the course or performing its primary functions: Provided, That
idling is necessary to power work-related mechanical, safety or
electrical operations related to construction operations other than
(c) 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 commission 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 bus passengers.
(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, 2012. 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.
(17) When a
diesel-powered motor vehicle is powered by clean
diesel technology or bio-diesel fuels.
§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.
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.
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 commission shall,
under procedures established by the commission, notify the vehicle
owner that the driver has been convicted.
Enforcement of the article is limited to: (1) Any member of
the division of public safety of this state; (2) any sheriff and
any deputy sheriff of any county; (3) any member of a police
department in any municipality as defined in section two, article
one, chapter eight of this code; and (4) any officers the
commission may designate to enforce the provisions of this article.
The prosecuting attorneys of the several counties shall render to
the commission without additional compensation such legal services
as the commission may require to enforce the provisions of this
§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
(b) This article does not prevent the
Environmental Protection as set forth in chapter twenty-two of this
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