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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by adding
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| 5 | Section 11-1429 as follows:
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| 6 | (625 ILCS 5/11-1429 new)
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| 7 | Sec. 11-1429. Excessive idling. | ||||||
| 8 | (a) As used in this Section, "affected areas" means the | ||||||
| 9 | counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, | ||||||
| 10 | St. Clair, and Monroe and the townships of Aux Sable and Goose | ||||||
| 11 | Lake in Grundy County, the township of Oswego in Kendall | ||||||
| 12 | County, and the Baldwin Township in Randolph County. | ||||||
| 13 | (b) A person or entity that owns or operates a motor
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| 14 | vehicle operating on diesel fuel in an affected area may not | ||||||
| 15 | cause or allow the
motor vehicle, when it is not in motion, to | ||||||
| 16 | idle for more than
a total of 10 minutes within any 60 minute | ||||||
| 17 | period.
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| 18 | (c) This Section does not apply if:
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| 19 | (1) the motor vehicle has a Gross Vehicle Weight Rating
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| 20 | of less than 8,000 pounds;
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| 21 | (2) the motor vehicle is forced to remain motionless
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| 22 | because of traffic conditions over which the owner or
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| 23 | operator has no control;
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| 24 | (3) the motor vehicle is being used for emergency
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| 25 | purposes;
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| 26 | (4) operation of the motor vehicle's engine is
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| 27 | necessary to operate auxiliary equipment to accomplish the
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| 28 | intended use of the vehicle, such as loading, discharging,
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| 29 | mixing, or processing cargo, controlling cargo
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| 30 | temperature, construction operations, lumbering
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| 31 | operations, oil or gas well servicing, or
production | ||||||
| 32 | agriculture as defined in Section 3-35 of the Use Tax Act;
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| 1 | (5) operation of the motor vehicle is required for
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| 2 | maintenance, safety checks, or diagnostic purposes;
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| 3 | (6) the outdoor temperature is less than 32 degrees
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| 4 | Fahrenheit;
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| 5 | (7) the motor vehicle was manufactured with a sleeping
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| 6 | berth, if the motor vehicle is located in an area not zoned | ||||||
| 7 | for residential use and is being used by the operator for
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| 8 | sleeping or resting, and the motor vehicle is not equipped
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| 9 | with an auxiliary power unit on the vehicle to provide for
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| 10 | operator safety;
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| 11 | (8) the motor vehicle is used as airport ground support
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| 12 | equipment, including, but not limited to, motor vehicles
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| 13 | operated on the air side of the airport terminal to service
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| 14 | or supply aircraft;
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| 15 | (9) the motor vehicle is (i) a bus owned by a public
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| 16 | transit authority and (ii) being operated on a designated
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| 17 | bus route or on a street or highway between designated bus
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| 18 | routes for the provision of public transportation;
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| 19 | (10) the motor vehicle is an implement of husbandry
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| 20 | exempt from registration under subdivision A(2) of Section
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| 21 | 3-402 of this Code; or
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| 22 | (11) the motor vehicle is a school bus.
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| 23 | (d) If a motor vehicle is operated in violation of this
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| 24 | Section, the owner or operator of the motor vehicle shall be
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| 25 | deemed guilty of the violation, and either the owner or the
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| 26 | operator may be prosecuted for the violation. Any person or
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| 27 | entity convicted of any violation of this Section is guilty of
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| 28 | a petty offense and shall be fined $50 for the first
conviction | ||||||
| 29 | and $150 for a second or subsequent conviction
within any 12 | ||||||
| 30 | month period.
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