September 5, 2006, Introduced by Senators BASHAM, JACOBS, BARCIA and BRATER and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
(MCL 257.1 to 257.923) by adding section 675e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 675e. (1) Except as provided in subsection (2), a person
who operates a motor vehicle operating on diesel fuel in a
nonattainment area shall not cause or allow the motor vehicle, when
it is not in motion, to idle for more than a total of 10 minutes
within any 60-minute period, except under the following
circumstances:
(a) The motor vehicle has a gross vehicle weight rating of
less than 8,000 pounds.
(b) The motor vehicle is idling while it is forced to remain
motionless because of on-highway traffic, an official traffic
control device or signal, or at the direction of a law enforcement
official.
(c) The motor vehicle is idling to operate defrosters,
heaters, air conditioners, or other equipment solely to prevent a
safety or health emergency.
(d) The motor vehicle is a police, fire, ambulance, public
safety, other emergency or law enforcement motor vehicle, or a
motor vehicle used in an emergency capacity, and is idling while in
an emergency or training mode and not for the convenience of the
vehicle operator.
(e) The primary propulsion engine is idling for maintenance,
servicing, repairing, or diagnostic purposes if idling is necessary
for that activity.
(f) The motor vehicle is idling as part of a government
inspection to verify that all equipment is in good working order,
and idling is required as part of the inspection.
(g) The idling is required to operate auxiliary equipment to
accomplish the intended use of the vehicle, such as loading,
unloading, mixing, or processing cargo; controlling cargo
temperature; construction operations; lumbering operations; oil or
gas well servicing; or farming operations. This exemption does not
apply when the vehicle is idling solely for cabin comfort or to
operate nonessential equipment such as air conditioning, heating, a
microwave oven, or a television.
(h) The motor vehicle is an armored motor vehicle and is
idling while a person remains inside the vehicle to guard the
contents, or while the vehicle is being loaded or unloaded.
(i) The motor vehicle is a bus and is idling a maximum of 15
minutes in any 60-minute period to maintain passenger comfort while
nondriver passengers are on board.
(j) If the motor vehicle has a sleeping berth, the operator is
occupying the vehicle during a rest or sleep period and idling is
required to operate air conditioning or heating.
(k) The motor vehicle is idling due to mechanical difficulties
over which the operator has no control.
(l) The motor vehicle is used as airport ground support
equipment, including, but not limited to, motor vehicles operated
on the air side of the airport terminal to service or supply
aircraft.
(m) The motor vehicle is a bus owned by a public transit
authority and is being operated on a designated bus route or on a
street or highway between designated bus routes to provide public
transportation.
(n) The motor vehicle is an implement of husbandry and is
exempt from registration under this act.
(o) The motor vehicle is owned by an electric utility and is
operated for electricity generation or hydraulic pressure to power
equipment necessary in the restoration, repair, modification, or
installation of electric utility service.
(p) The outdoor temperature is less than 32 degrees Fahrenheit
or greater than 80 degrees Fahrenheit.
(2) When the outdoor temperature is 32 degrees Fahrenheit or
higher and 80 degrees Fahrenheit or lower, a person who operates a
motor vehicle operating on diesel fuel in a nonattainment area
shall not cause or allow the motor vehicle to idle for a period
greater than 30 minutes in any 60-minute period while waiting to
weigh, load, or unload cargo or freight, unless the vehicle is in a
line of vehicles that regularly and periodically moves forward.
(3) This section does not prohibit the operation of an
auxiliary power unit or generator set as an alternative to idling
the main engine of a motor vehicle operating on diesel fuel.
(4) This section does not apply to the owner of a motor
vehicle rented or leased to another entity or person operating the
vehicle.
(5) As used in this section, "nonattainment area" means a
county that is designated under federal law as a county in which
the ozone levels or particulate matter levels exceed those allowed
under federal law.