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What is the law?
Beginning August 2005, it will be a violation of state
law for
operators of vehicles with a gross vehicle weight of more
than
14,000 pounds to idle for over five minutes during the
Central
Texas Ozone Season (April 1 through October 31).
For more information call 512-343-SMOG.To view the
complete regulation, visit either
www.engineoff.org or
http://www.tceq.state.tx.us/assets/public/legal/rules/rules/pdflib/114j.pdf
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Why is it
important?
Unnecessary idling costs money, both
in excess fuel consumption and in shortened engine life. Idling
emissions contribute to air pollution, which can cause adverse health
effects. U.S. EPA estimates that excess idling is responsible for:
-
Over 1
billion gallons of diesel fuel consumed annually in the U.S.
-
11 million
tons of carbon dioxide, 200,000 tons of oxides of nitrogen, and
5,000 tons of particulate matter emitted annually in the U.S.
-
Increased
engine maintenance costs and a 20% decrease in engine life
(calculate)
-
Impaired
driver rest and health
-
Elevated
noise levels
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Who’s affected by the new
regulation?
Drivers of motor vehicles weighing
over 14,000 pounds (see
example) operating in Bastrop, Caldwell, Hays, Travis and
Williamson Counties (map)
are subject to the regulation, regardless of the
state or county in which the vehicle is registered. Motor vehicles are
defined as vehicles with an internal combustion engine and four or more
wheels which can transport a person or property and which are required
to be registered under Texas Transportation Code 502.002. Vehicles in
federal Vehicle Identification Number (VIN) gross vehicle weight classes
4,5,6,7 and 8 weigh over 14,000 pounds.
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What are
the *exceptions?
(1) a motor
vehicle that has a gross vehicle weight rating of 14,000 pounds or
less, and if before September 1, 2007, does not have a sleeper
berth;
(2) a motor vehicle forced to remain motionless because of
traffic conditions over which the operator has no control;
(3) a motor vehicle being used by the United States military,
national guard, or reserve forces, or as an emergency or law
enforcement motor vehicle;
(4) the primary propulsion engine of a motor vehicle
providing a power source necessary for mechanical operation, other
than propulsion, and/or passenger compartment heating, or air
conditioning;
(5) the primary propulsion engine of a motor vehicle being
operated for maintenance or diagnostic purposes;
(6) the primary propulsion engine of a motor vehicle being
operated solely to defrost a windshield;
(7) the primary propulsion engine of a motor vehicle that is
being used to supply heat or air conditioning necessary for
passenger comfort and safety in vehicles intended for commercial or
public passenger transportation, or passenger transit operations, in
which case idling up to a maximum of 30 minutes is allowed;
(8) the primary propulsion engine of a motor vehicle being
used to provide air conditioning or heating necessary for employee
health or safety while the employee is using the vehicle to perform
an essential job function related to roadway construction or
maintenance;
(9) the primary propulsion engine of a motor vehicle being
used as airport ground support equipment;
(10) the owner of a motor vehicle rented or leased to a
person that operates the vehicle and is not employed by the owner;
or
(11) a motor vehicle when idling is necessary to power a
heater or air conditioner while a driver is using the vehicle's
sleeper berth for a government-mandated rest period. This subsection
expires September 1, 2007.
*Go to the
Texas Register in order to obtain the most current information about
the idling rule exemptions
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What are the
penalties for noncompliance?
Twelve jurisdictions in the
five-county region (Cities of Austin, Bastrop, Elgin, Lockhart, Luling,
Round Rock, and San Marcos; and Counties of Bastrop, Caldwell, Hays,
Travis, and Williamson) agreed to impose fines on violators if necessary
to ensure compliance with the new rules. An eight-month public
education and outreach program preceded enforcement of the rules,
which will begin April 1, 2006. Inside city limits, cities can either
take violators directly to court and seek penalties of $1000 or more, or
adopt a municipal ordinance and write tickets to violators for fines up
to $500. Enforcement outside city limits will be done by counties taking
violators directly to court for penalties of $1000 or more. Contact your
local jurisdiction for specific information.
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