Maricopa County, AZ Vehicle Idling Restriction Ordinance

Maricopa County, AZ, US

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Type: Ordinance

Status: Adopted

Source File: http://www.maricopa.gov/aq/divisions/planning_analysis/rules/docs/fin-VIRO.pdf

Text:

SECTION 1 - GENERAL
A. PURPOSE: The Vehicle Idling Restriction Ordinance restricts, from idling for more than five (5) consecutive minutes, any device or combination of devices that meets all of the following criteria:

1. designed with a gross vehicle weight rating of more than 14,000 pounds; and
2. required under Arizona law (Arizona Revised Statute [ARS] Title 28 Chapters 7 and 9) to be registered; and
3. designed to operate on public highways; and
4. powered by a diesel engine.

B. APPLICABILITY: This Vehicle Idling Restriction Ordinance applies to vehicle idling within Maricopa County.

SECTION 2 - DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply:
A. COMBINATION OF DEVICES – The coupling of two or more pieces of equipment that consist of the device which contains the diesel engine and an attached piece of equipment, which includes but is not limited to a trailer, cement mixer, refrigeration unit or automobile.

B. DISTRIBUTION CENTER – A place with multiple bays where vehicles load or unload materials.

C. GROSS VEHICLE WEIGHT RATING – The maximum vehicle weight for which the vehicle is designed as established by the manufacturer.

D. IDLING – The operation of a diesel engine when the engine is not engaged in gear.

E. POWER TAKE OFF (PTO) MECHANISM – A unit that provides power from the engine to a trailer or other equipment.

F. PRIMARY PROPULSION ENGINE – Any engine for which the primary function is to provide mechanical power to propel or direct a vehicle, regardless of whether that power is applied directly to the propeller shaft or indirectly by way of an electrical system.

G. TRUCK STOP – A place of business that provides services to drivers and their vehicles in which the service time may exceed one (1) hour.

H. VEHICLE – Any device or combination of devices with a gross vehicle weight rating of more than 14,000 pounds, required under Arizona law (ARS Title 28 Chapters 7 and 9) to be registered, designed to operate on public highways and powered by a diesel engine.

SECTION 3 – REQUIREMENTS
A. ORDINANCE – No owner or operator of a vehicle shall permit the engine of such vehicle to idle for more than five (5) consecutive minutes except as provided in Section 4 (Exemptions) of this ordinance.

B. VIOLATION – Any owner or operator who violates this ordinance is subject to a civil penalty of $100 for the first violation and $300 for a second or any subsequent violation.

C. SIGN – Each truck stop owner or operator and distribution center owner or operator shall erect and maintain a permanent sign(s) that is at least 12 inches by 18 inches in size indicating that the maximum idle time allowed in Maricopa County is 5 minutes. The sign(s) shall be posted in a conspicuous location, near the dispatcher, if applicable. In addition to the above, the sign shall at a minimum contain language outlining the following:

1. The County's vehicle idling information line, and
2. The amount of money the violator will be fined.

SECTION 4 – EXEMPTIONS: This ordinance shall not apply when:
A. A vehicle is forced to remain motionless because of traffic or adverse weather conditions affecting the safe operation of the vehicle.

B. A vehicle is being operated for emergency or law enforcement purposes.

C. The primary propulsion engine of a vehicle meets all of the following criteria:

1. is providing a power source necessary for mechanical operations other than propulsion; and
2. involves a power take off (PTO) mechanism, or other mechanical device performing the same function as a PTO; and
3. is powered by the engine for:

a. loading and unloading cargo, or

b. mixing or processing cargo, or

c. controlling cargo temperature, or

d. providing a mechanical extension to perform work functions.

D. The primary propulsion engine of a vehicle is being operated at idle to conform to manufacturer’s warm up and cool down specifications, for maintenance or diagnostic purposes, or by manufacturers engaging the engines in testing for research and development.

E. The primary propulsion engine of a vehicle is being operated to supply heat or air conditioning necessary for passenger comfort/safety in those vehicles operating for commercial passenger transportation or school purposes up to a maximum of 30 minutes/hour. If ambient temperatures exceed 75 degrees Fahrenheit, passenger buses are allowed to idle up to a maximum of 60 minutes in any 90-minute time period.

F. The primary propulsion engine of a vehicle is being operated to comply with the U.S. Code of Federal Regulation 49 CFR Part 395 and the Arizona Department Of Transportation (DOT) regulation R17-5-202 referencing hours of service restrictions.