103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3427 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-1429 Amends the Illinois Vehicle Code. Provides that 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 3 (rather than 10) minutes within any 60 minute period. LRB103 30447 MXP 56879 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3427 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-1429 625 ILCS 5/11-1429 Amends the Illinois Vehicle Code. Provides that 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 3 (rather than 10) minutes within any 60 minute period. LRB103 30447 MXP 56879 b LRB103 30447 MXP 56879 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3427 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-1429 625 ILCS 5/11-1429
625 ILCS 5/11-1429
Amends the Illinois Vehicle Code. Provides that 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 3 (rather than 10) minutes within any 60 minute period.
LRB103 30447 MXP 56879 b LRB103 30447 MXP 56879 b
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A BILL FOR
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HB3427 LRB103 30447 MXP 56879 b
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 11-1429 as follows:
6 (625 ILCS 5/11-1429)
7 Sec. 11-1429. Excessive idling.
8 (a) The purpose of this law is to protect public health and
9 the environment by reducing emissions while conserving fuel
10 and maintaining adequate rest and safety of all drivers of
11 diesel vehicles.
12 (b) As used in this Section, "affected areas" means the
13 counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison,
14 St. Clair, and Monroe and the townships of Aux Sable and Goose
15 Lake in Grundy County and the township of Oswego in Kendall
16 County.
17 (c) A person that operates a motor vehicle operating on
18 diesel fuel in an affected area may not cause or allow the
19 motor vehicle, when it is not in motion, to idle for more than
20 a total of 3 10 minutes within any 60 minute period, except
21 under the following circumstances:
22 (1) the motor vehicle has a Gross Vehicle Weight
23 Rating of less than 8,000 pounds;
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3427 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-1429 625 ILCS 5/11-1429
625 ILCS 5/11-1429
Amends the Illinois Vehicle Code. Provides that 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 3 (rather than 10) minutes within any 60 minute period.
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LRB103 30447 MXP 56879 b
A BILL FOR
625 ILCS 5/11-1429
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1 (2) the motor vehicle idles while forced to remain
2 motionless because of on-highway traffic, an official
3 traffic control device or signal, or at the direction of a
4 law enforcement official;
5 (3) the motor vehicle idles when operating defrosters,
6 heaters, air conditioners, or other equipment solely to
7 prevent a safety or health emergency;
8 (4) a police, fire, ambulance, public safety, other
9 emergency or law enforcement motor vehicle, or any motor
10 vehicle used in an emergency capacity, idles while in an
11 emergency or training mode and not for the convenience of
12 the vehicle operator;
13 (5) the primary propulsion engine idles for
14 maintenance, servicing, repairing, or diagnostic purposes
15 if idling is necessary for such activity;
16 (6) a motor vehicle idles as part of a government
17 inspection to verify that all equipment is in good working
18 order, provided idling is required as part of the
19 inspection;
20 (7) when idling of the motor vehicle is required to
21 operate auxiliary equipment to accomplish the intended use
22 of the vehicle (such as loading, unloading, mixing, or
23 processing cargo; controlling cargo temperature;
24 construction operations; lumbering operations; oil or gas
25 well servicing; or farming operations), provided that this
26 exemption does not apply when the vehicle is idling solely
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1 for cabin comfort or to operate non-essential equipment
2 such as air conditioning, heating, microwave ovens, or
3 televisions;
4 (8) an armored motor vehicle idles when a person
5 remains inside the vehicle to guard the contents, or while
6 the vehicle is being loaded or unloaded;
7 (9) a bus idles a maximum of 15 minutes in any 60
8 minute period to maintain passenger comfort while
9 non-driver passengers are on board;
10 (10) if the motor vehicle has a sleeping berth, when
11 the operator is occupying the vehicle during a rest or
12 sleep period and idling of the vehicle is required to
13 operate air conditioning or heating;
14 (11) when the motor vehicle idles due to mechanical
15 difficulties over which the operator has no control;
16 (12) the motor vehicle is used as airport ground
17 support equipment, including, but not limited to, motor
18 vehicles operated on the air side of the airport terminal
19 to service or supply aircraft;
20 (13) the motor vehicle is (i) a bus owned by a public
21 transit authority and (ii) being operated on a designated
22 bus route or on a street or highway between designated bus
23 routes for the provision of public transportation;
24 (14) the motor vehicle is an implement of husbandry
25 exempt from registration under subdivision A(2) of Section
26 3-402 of this Code;
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1 (15) the motor vehicle is owned by an electric utility
2 and is operated for electricity generation or hydraulic
3 pressure to power equipment necessary in the restoration,
4 repair, modification or installation of electric utility
5 service;
6 (16) the outdoor temperature is less than 32 degrees
7 Fahrenheit or greater than 80 degrees Fahrenheit; or
8 (17) the motor vehicle idles while being operated by a
9 remote starter system.
10 (d) When the outdoor temperature is 32 degrees Fahrenheit
11 or higher and 80 degrees Fahrenheit or lower, a person who
12 operates a motor vehicle operating on diesel fuel in an
13 affected area may not cause or allow the motor vehicle to idle
14 for a period greater than 30 minutes in any 60 minute period
15 while waiting to weigh, load, or unload cargo or freight,
16 unless the vehicle is in a line of vehicles that regularly and
17 periodically moves forward.
18 (e) This Section does not prohibit the operation of an
19 auxiliary power unit or generator set as an alternative to
20 idling the main engine of a motor vehicle operating on diesel
21 fuel.
22 (f) This Section does not apply to the owner of a motor
23 vehicle rented or leased to another entity or person operating
24 the vehicle.
25 (g) Any person convicted of any violation of this Section
26 is guilty of a petty offense and shall be fined $90 for the
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1 first conviction and $500 for a second or subsequent
2 conviction within any 12 month period.
3 (h) Fines; distribution. All fines and all penalties
4 collected under this Section shall be deposited in the State
5 Treasury and shall be distributed as follows: (i) $50 for the
6 first conviction and $150 for a second or subsequent
7 conviction within any 12 month period under this Section shall
8 be deposited into the State's General Revenue Fund; (ii) $20
9 for the first conviction and $262.50 for a second or
10 subsequent conviction within any 12 month period under this
11 Section shall be distributed to the law enforcement agency
12 that issued the citation; and (iii) $20 for the first
13 conviction and $87.50 for a second or subsequent conviction
14 within any 12 month period under this Section shall be
15 deposited into the Vehicle Inspection Fund.
16 (i) (Blank).
17 (j) Notwithstanding any other provision of this Section, a
18 person who operates a motor vehicle with a gross vehicle
19 weight rating of 8,000 pounds or more operating on diesel fuel
20 on property that (i) offers paid parking services to vehicle
21 owners, (ii) does not involve fuel dispensing, and (iii) is
22 located in an affected area within a county of over 3 million
23 residents but outside of a municipality of over 2 million
24 residents may not cause or allow the motor vehicle, when it is
25 not in motion, to idle for more than a total of 10 minutes
26 within any 60-minute period under any circumstances if the
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1 vehicle is within 200 feet of a residential area. This Section
2 may be enforced by either the law enforcement agency having
3 jurisdiction over the residential area or the law enforcement
4 agency having jurisdiction over the property on which the
5 violation took place. This subsection does not apply to:
6 (1) school buses;
7 (2) waste hauling vehicles;
8 (3) facilities operated by the Department of
9 Transportation;
10 (4) vehicles owned by a public utility and operated to
11 power equipment necessary in the restoration, repair,
12 modification, or installation of a utility service; or
13 (5) ambulances.
14 (Source: P.A. 101-319, eff. 1-1-20; 102-1071, eff. 6-10-22.)
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