Truck Topics

Idle Threats

In this issue we'll tell you about what's become a hot topic in our office lately.  In the past few months, we've had a lot of drivers calling with citations for "Idling." Although, idling isn't a new issue, we're seeing more and more enforcement of it. . . with larger and larger fines.  Here are a few of our most common questions regarding idling and various idling laws.

Question:  I got a ticket for idling more than five minutes in New York while unloading at a customer's dock.  I thought it wasn't a big deal and just wanted to pay the ticket, but the Court said I had to make a personal appearance. Why?

Answer:  Unfortunately, the State of New York has an interesting environmental protection statute that'll make you think twice about leaving your truck running.  Chances are, you were probably cited under 6 NYCRR part 217-3.2, a New York environmental conservation law, that lists "idling" as an unclassified misdemeanor, which means you can't simply pay the ticket via mail, i.e. you get to appear or hire an attorney to appear for you to resolve the matter.  Worst of all, there's a maximum fine of $10,000.00.

Fortunately, we haven't had any clients convicted of this charge or made to pay $10,000.00.  Nevertheless, be very careful about idling in the State of New York.

Question:  I stopped at a truck stop just to run in and use the bathroom. I left my truck running and when I came out, I got a ticket for idling for more than 5 minutes.  Can the cops do that?

Answer:  Laws aren't always fair or equitable and don't always make perfect sense for every situation.  The problem is the officer wrote the ticket under a supposedly valid state law and now you're in the system.  Remember, most state laws don't ask whether you intended to idle for more than 5 minutes, but whether your vehicle was actually idling more than the 5-minute time limit.

Of Course, every rule has exceptions.  Here are the exceptions to most state idling laws:

1. Heavy traffic where you're forced to remain motionless because of conditions over which you have no control.

2. To comply with Federal, State or local regulations that require a specific temperature for passenger comfort, but only long enough to comply with the regulations.

3. If the diesel engine is being used to provide power for an auxiliary purpose, such as loading, discharging, mixing or processing cargo; controlling cargo temperature; construction; lumbering; oil or gas well servicing; farming; or when operation of the engine is required for the purpose of maintenance.

4. Vehicles that are performing emergency services (Police, Fire, etc.).

5. Mining and Quarrying

6. Vehicle that is undergoing an emission inspection

7. If the ambient temperature is below 25 degrees Fahrenheit and the vehicle will be motionless for two hours.

8. A hybrid electric vehicle, that is idling for battery recharge/storage.

Question:  So what am I supposed to do about idling my truck when I get to New York?

Answer:  Well, that depends.  We've seen the majority of these enforcement cases out of Long Island and in New York City.  You need to assess the situation and determine whether or not you fit into one of the "idling exceptions" or, if you don't mind shutting down, then you can avoid any potential scrape with the law. If you don't think you fit one of the exceptions, you can take your chances idling and hope that you or your attorney can minimize the damage.

We hope you can use the information in this column to help with every day, real life problems you face on the road.  We invite you to send us any questions or comments you may have regarding transportation law to ROAD LAW, 1330 N. Classen Blvd., Suite 215, Oklahoma City, OK 73106; fax to (405) 272-0558; contact us through our website at www.roadlaw.net. or call us at (405) 272-0555.  We look forward to hearing from you.