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West Virginia, Vermont pursue ‘anti-idling’ rules

Proposed rules to crack down on the unnecessary idling of trucks are getting attention at the statehouses in West Virginia and Vermont. Even though drivers idling their trucks while sleeping or resting would be exempt from the rules, OOIDA says other concerns need to be addressed.

The legislative efforts in both states would apply to diesel-powered vehicles weighing more than 10,000 pounds. Affected vehicles would be limited to idling for no more than five minutes per hour.

In West Virginia, Sen. Doug Facemire, D-Braxton, offered the bill to impose idling limits statewide. Violators would face fines of between $150 and $300.

Facemire’s idling restriction legislation is nearly identical to the rule implemented about a year ago in Pennsylvania.

As is the case in the Keystone State, affected trucks in West Virginia would be exempted from the time limit rule when temperatures are lower than 40 degrees or higher than 75 degrees. The exception would apply only at locations where trucks are legally permitted to park, including truck terminals, truck stops and rest areas – as long as idle-reduction technology is unavailable.

While loading or unloading, idling would be allowed for up to 15 minutes in a 60-minute period, when necessary.

The temperature exemption would expire May 1, 2011. At that time, it is expected that idle-reduction technology will be more widely available.

Supporters say that excessive truck idling is extremely detrimental to the state’s air quality. They are hopeful the proposed restrictions will go a long way in making cleaner air more widely available.

A provision in the bill clarifies who is responsible for paying fines. Responsibility for idling violations could be placed on vehicle owners, as well as operators. In addition, owners or operators of locations where vehicles load and unload would also face fines for violations.

OOIDA Executive Vice President Todd Spencer said there needs to be an industry-wide solution to appropriately address idling concerns.

“This is a challenge that requires some involvement and cooperation from all responsible parties,” Spencer told Land Line.

Exceptions to the rule in West Virginia also would include situations when vehicles are stuck in traffic, when required by law enforcement to stop, or when idling is necessary “to operate defrosters, heaters, air conditioners or cargo refrigeration equipment.”

In addition, idling restrictions would not apply to trucks that exhibit a label issued by the California Air Resources Board that shows the vehicle’s engine meets the optional NOx idling emission standard.

One other provision would increase the maximum gross vehicle, axle, tandem or bridge formula weight limits for trucks equipped with idle reduction technology. Affected trucks would be authorized to weigh up to an additional 400 pounds.

Facemire’s bill – SB183 – is in the Senate Transportation and Infrastructure Committee.

Vermont House panel advances idling restriction
The House Natural Resources and Energy Committee voted unanimously Tuesday, Jan. 26, to advance a bill that would end the state’s distinction as being the lone holdout in the New England region not to have idling restrictions for trucks. It now awaits consideration on the Vermont House floor.

Vermont already limits how long buses can be left idling outside of schools.

The bill – H97 – limiting trucks weighing more than 10,000 pounds to idling for no more than five minutes per hour calls for violators to face $10 fines. Repeat offenses within one year could result in $50 fines while subsequent offenses within one year could result in $100 fines.

The lone temperature exception wouldn’t kick in until the thermometer dips to 0 degrees.

OOIDA’s Spencer was adamant about the lack of reason lawmakers have shown so far in signing off on a ridiculously low temperature exception.

“That is totally unworkable.”

Spencer encouraged Vermont truckers to communicate this concern with their state lawmakers.

Other exceptions would include situations when idling is necessary to protect or preserve cargo, while stuck in traffic, for maintenance work, and for trucks equipped with sleeper berths “for the purpose of air conditioning or heating during a rest or sleep period.”

In addition, the Department of Motor Vehicles would be in charge of setting additional “times or circumstances that reasonably require the idling of an engine.”

Mike Joyce, OOIDA director of legislative affairs, said that with the new idling limits being pursued in Vermont and West Virginia it’s important for the states to plan for the availability of incentive programs for small-business truckers to easily purchase idle-reduction technologies.

To view other legislative activities of interest for West Virginia, click here. To view other legislative activities of interest for Vermont, click here.

– By Keith Goble, state legislative editor

Editor’s Note: Please share your thoughts with us about the legislation included in this story. Comments may be sent to statelegislativedesk@ooida.com.

 

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