AN ACT PROHIBITING THE IDLING OF MOTOR VEHICLES.

This bill prohibits anyone from causing or allowing a car, truck, or motor bus to idle for more than three consecutive minutes, except in certain instances. It does not apply to a (1) motor vehicle located on private residential property or (2) a vehicle designed and adapted exclusively for agricultural, horticultural, or livestock-raising operations, and which is not operated on a highway to carry a payload or for any other commercial purpose.

A violation of the bill is an infraction, punishable by a fine of up to $ 25. The bill specifically (1) authorizes Superior Court judges to impose fines of less than $ 35 on people who violate the bill and (2) declares that a violation does not constitute probable cause for a law enforcement official to search the motor vehicle, its contents, or its operator.

Existing law prohibits a school bus operator from idling a school bus for more than three consecutive minutes. State regulations prohibit “mobile sources,” including cars, buses, trucks, and tractors from idling more than three minutes except in certain instances, but do not impose a specific penalty (see BACKGROUND).

*Senate Amendment “A” (1) excludes motor vehicles on private residential property from the bill's provisions and (2) declares that violation of the bill does not constitute probable cause allowing a law enforcement official to search the vehicle, its contents, or its operator.

A car, truck, or motor bus may idle for more than three consecutive minutes only when or if:

1. it is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control;

2. it is necessary to operate defrosting, heating, or cooling equipment to ensure the health or safety of the driver, passengers, or cargo;

3. it is necessary to operate auxiliary equipment located in or on the vehicle to accomplish its intended use;

4. it is necessary to bring the vehicle to the manufacturer's recommended operating temperature;

5. the outdoor temperature is below 20 degrees Fahrenheit;

6. maintenance or inspection requires the vehicle to be operated for more than three consecutive minutes;

7. it is waiting in line to (a) weigh, load, or unload freight or (b) gain access to a U. S. military installation or a drive-in establishment;

8. it is a law enforcement, firefighting, rescue, or emergency vehicle responding to an emergency;

9. it is a motor vehicle in livery service waiting to discharge passengers in a wedding or funeral; or

10. it is a motor vehicle delivering food from a restaurant.

A motor bus is any motor vehicle, except a taxicab, operated in whole or in part on any street or highway offering a means of transportation by (1) indiscriminately receiving or discharging passengers, (2) running on a regular route or over any portion of a regular route, or (3) running between fixed termini (CGS § 14-1 (47)).

Infractions are punishable by fines, usually set by Superior Court judges, of between $ 35 and $ 90, plus a $ 20 or $ 35 surcharge and an additional fee based on the amount of the fine. There may be other added charges depending on the type of infraction.

Existing law prohibits a school bus operator from idling a school bus for more than three consecutive minutes, except in certain situations (CGS § 14-277(b)). A first violation is considered an infraction; subsequent offenses are punishable by fines of between $ 100 and $ 500.

State regulations prohibit “mobile sources,” which include cars, buses, trucks, and tractors, from idling for more than three minutes except in certain instances. Since there is no specific penalty for this violation, the Department of Environmental Protection must use its general enforcement powers, which call for a fine of up to $ 25,000 a day (or up to one year in jail) for first-time offenders. However, the penalty cannot be imposed unless the offender violates the law knowingly or with criminal negligence.