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Public Law
123rd Legislature
Second Regular Session
Chapter 582
H.P. 1440 - L.D. 2056
An Act To Conserve Gasoline and Preserve Clean Air
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §585-K  is enacted to read:
§ 585-K.  Idling requirements for motor vehicles 
 
1.  Applicability.     This section applies to: 
 
A.  Commercial motor vehicles, as defined in 49 Code of Federal Regulations, Section 390.5 (2007), and commercial motor vehicles used on a highway in intrastate commerce; 
 
B.  Locations where commercial motor vehicles load or unload; and 
 
C.  Gasoline-powered motor vehicles except private passenger vehicles. 
 
2.  General requirement for loading and unloading locations.     A person who owns a location where a commercial motor vehicle that is not subject to an exemption under subsection 4 loads or unloads may not cause a driver of that vehicle to idle for a period longer than 30 minutes by requesting that the vehicle continue running while waiting to load or unload at that location. To the maximum extent practical, a person subject to this subsection shall minimize delays in loading and unloading operations in order to reduce idling times. 
 
3.  General requirement for vehicles.     An owner or operator of a commercial motor vehicle may not cause or permit such a vehicle to idle for more than 5 minutes in any 60-minute period except as provided in subsection 4. An owner or operator of a gasoline-powered motor vehicle, except a private passenger vehicle, may not cause or permit such a vehicle to idle for more than 5 minutes in any 60-minute period except as provided in subsection 4. 
 
4.  Exemptions.     Subsection 3 does not apply for the period or periods when: 
 
A.  A motor vehicle idles while forced to remain motionless because of traffic or an official traffic control device or signal or at the direction of a law enforcement official; 
 
B.  A motor vehicle idles when operating a defroster, heater, air conditioner or installing equipment solely to prevent a safety or health emergency and not as part of a rest period; 
 
C.  A police, fire, ambulance, public safety, military or other emergency or law enforcement vehicle idles while being used in the course of official business; 
 
D.  The primary propulsion engine idles for maintenance, servicing, repair or diagnostic purposes if idling is required for such an activity; 
 
E.  A motor vehicle idles as part of a state or federal inspection to verify that all equipment is in good working order if idling is required as part of the inspection; 
 
F.  Idling of the primary propulsion engine is necessary to power work-related mechanical or electrical operations other than propulsion, including, but not limited to, mixing, dumping or processing cargo, straight truck refrigeration or to protect prescription or over-the-counter drug products. This exemption does not apply when idling for cabin comfort or to operate nonessential on-board equipment; 
 
G.  A utility vehicle idles during electric utility service restoration operations or when needed to protect temperature-sensitive electrical testing equipment; 
 
H.  An armored vehicle idles when a person remains inside the vehicle to guard the contents or the vehicle is being loaded or unloaded; 
 
I.  An occupied commercial motor vehicle with a sleeper berth compartment idles for purposes of air conditioning or heating during a rest or sleep period; 
 
J.  An occupied commercial motor vehicle idles for purposes of air conditioning or heating while waiting to load or unload; 
 
K.  A passenger bus idles a maximum of 15 minutes in any 60-minute period to maintain passenger comfort while nondriver passengers are on board; 
 
L.  A motor vehicle idles due to mechanical difficulties over which the operator has no control if the vehicle owner submits the repair paperwork or product receipt by mail within 30 days to the appropriate authority verifying that the mechanical problem has been fixed. If no repair paperwork is submitted within 30 days, the vehicle owner is subject to penalties as provided in subsection 5; 
 
M.  A motor vehicle idles for not longer than an additional 10 minutes beyond the limit imposed in subsection 3 to operate heating equipment when the ambient air temperature is 32 degrees Fahrenheit or below; or 
 
N.  A motor vehicle idles as needed for the purpose of providing heat when the ambient air temperature is below 0 degrees Fahrenheit. 
 
5.  Penalties.     A person who violates this section is subject to the following penalties. 
 
A.  A person who violates this section commits a traffic infraction under Title 29-A, chapter 23, subchapter 6. 
 
B.  A vehicle operator who violates this section after having previously violated this section commits a civil violation for which a fine of $150 must be adjudged. A vehicle owner or a person who owns a location where a commercial motor vehicle loads or unloads who violates this section after having previously violated this section commits a civil violation for which a fine of $500 must be adjudged.