08Jan
Diesel-Powered Vehicle Idling Laws
In the throes of winter, school bus drivers often idle their buses to keep the bus warm. But, contractors should keep in mind laws and regulations that limit the amount of time that diesel vehicles can idle. In Pennsylvania, the Diesel-Powered Motor Vehicle Idling Act (the “Act”) generally restrict owners of diesel-powered motor vehicles greater than 10,000 pounds from running the diesel engine for more than five (5) minutes within any sixty (60) minute period. 35 P.S. §4603(a). But, there are a number of exemptions to this general rule, including some that are directly applicable to school buses.
Notably, when nondriver passengers are on board, the driver may idle the vehicle for up to a total of fifteen (15) minutes within any sixty (60) minute period to provide heat or air conditioning for the passengers; however, a driver may idle for a longer period if necessary to maintain a safe temperature for students with special needs being transported on the bus. 35 P.S. §4603(c)(10). Additionally, school buses are explicitly permitted to idle for longer periods of time when the school bus waiting to discharge or pickup students off of school property, provided that idling is necessary because the “physical configuration of a school or the school’s surrounding streets does not allow for stopping”. 35 P.S. §4603(c)(13). Some general exceptions apply too – diesel vehicles are permitted to idle for longer than five (5) minutes within a sixty (60) minute period when the vehicle is forced to remain motionless because of traffic or traffic control devices, as well as when needed to operate defrosters or heaters to prevent a safety or health emergency. 35 P.S. §4603(c)(1),(2).
The Act preempts most local ordinances on diesel idling with the exception of Allegheny and Philadelphia counties, so contractors should be mindful of these local rules. Contractors who travel into other states for sports and activity trips should also be mindful of the laws of the states to which they are traveling. For example, many Pennsylvania contractors travel into New Jersey, which generally prohibits diesel-powered and gasoline-powered vehicles from idling for more than three consecutive minutes if the vehicle is not in motion; however, there also has some exceptions for school buses. N.J.A.C. §7:27-14(a). If you have any specific questions related to idling of diesel or gasoline vehicles, contact us at 215-896-3846 or email help@rckelly.com
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