Chapter 06-557

Chapter 557

2006 -- H 7756 SUBSTITUTE A AS AMENDED

Enacted 07/10/06

A N A C T

RELATING TO HEALTH AND SAFETY -- ANTI-IDLING ACT

Introduced By: Representatives Sullivan, Ginaitt, McNamara, Landroche, and Gemma

Date Introduced: February 28, 2006

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 23-23 of the General Laws entitled "Air Pollution" is hereby

amended by adding thereto the following sections:

23-23-29.1 Findings of fact. – The general assembly hereby finds as follows:

(a) Motor vehicle exhaust is the largest source of air pollution in Rhode Island, and idling

vehicles emit higher concentrations of harmful pollutants than moving vehicles;

(b) Vehicle exhaust is hazardous to human health. Studies have linked pollution from

vehicles to increased rates of cancer, lung and heart disease, asthma and allergies, urban smog

and climate change;

seniors. Tiny particles can lodge deep within human lungs, where they can trigger asthma attacks

and stunt lung growth in children, and contribute to chronic obstructive pulmonary disorder and

heart attacks in seniors;

(d) Asthma is reaching epidemic proportions in Rhode Island. More than one hundred

thousand (100,000) people in Rhode Island have been diagnosed with asthma, including one out

of every ten (10) children. Asthma is the most common chronic disease in children and

responsible for the most school absences in Rhode Island;

(e) Vehicle idling waste money. On average, an idling truck burns one gallon of fuel per

hour. A locomotive or other heavy duty engine may burn anywhere from three (3) to eleven (11)

gallons per hour;

(f) Excessive idling creates the need for more frequent oil and oil filter changes, and

speeds engine wear, reducing the amount of time before an engine needs to be rebuilt;

(g) Even on the coldest winter days, modern engines need no more than five (5) minutes

to warm up; and

(h) To date, other states including Connecticut and Massachusetts have passed laws that

limit the amount of time vehicles are permitted to idle.

23-23-29.2 Diesel motor vehicle engine idling. – On or before July 1, 2007, the

department shall adopt rules governing diesel engine idling to restrict the unnecessary operation

of diesel motor vehicle engines. The rules shall be generally consistent with similar restrictions

established by law or regulation in Massachusetts and Connecticut and shall provide that no

person shall cause, allow or permit the unnecessary operation of the engine of a diesel motor

vehicle while said vehicle is stopped for a period of time in excess of five (5) consecutive minutes

in any sixty (60) minute period. Unnecessary operation of a diesel motor vehicle shall not

include such periods and circumstances as the department, may determine as reasonably requiring

that the engine remain idling, which periods may include, but not be limited to, periods when it is

necessary for a vehicle to remain motionless due to traffic conditions or at the direction of a law

enforcement official; when it is necessary to operate defrosting, heating, or cooling equipment to

ensure the health or safety of the driver or passengers or to operate auxiliary equipment; when it

is necessary to bring the engine to the manufacturer's recommended operating temperature or

when the engine is undergoing maintenance or inspection. The requirements of this section shall

not apply to police, fire, rescue, ambulance and other public safety vehicles, military vehicles,

armored vehicles that are being loaded or unloaded or are waiting to be loaded or unloaded, non-

road vehicles, including farm vehicles, locomotives, aircraft, marine vessels, stationary diesel

engines or auxiliary power units, or vehicles making deliveries of fuel or energy products.

23-23-29.3 Non-road diesel engine idling. – On or before July 1, 2007, the department

shall adopt rules governing diesel engine idling to restrict the unnecessary operation of non-road

diesel engines. So far as is reasonably feasible, the rules shall provide that no entity shall cause,

suffer, allow or permit the unnecessary idling of a non-road diesel engine. Non-road diesel

engines to be considered in this rulemaking shall include, but may not be limited to, construction

engines, airport ground support equipment, commercial and industrial equipment. Unnecessary

idling shall not include such periods and circumstances as the department may determine as

reasonably requiring that the engine remain idling, which periods may include, but not be limited

to, when airfield maintenance vehicles are being used on a state-owned or operated airport. This

provision shall not extend to any diesel powered engine and/or vehicle that must continuously

operate while stationary in order to function properly, a vehicle making deliveries of fuel or

energy products, or to insure workplace safety.

23-23-29.4. Sources of diesel pollution. – On or before January 1, 2007, the department

shall identify sources of diesel pollution in Rhode Island and strategies for reducing pollution

from identified sources and report the findings to the governor and general assembly.

23-23-29.5. Enforcement. – The responsibility and jurisdiction for enforcement of

section 23-23-29.1 through section 23-23-29.4 shall be with state and local law enforcement

authorities, including, but not limited to, state and local police and parking enforcement

personnel, the Rhode Island department of environmental management and the Rhode Island

department of motor vehicles.

SECTION 2. Title 31 of the General Laws entitled "MOTOR AND OTHER

VEHICLES" is hereby amended by adding thereto the following chapter:

CHAPTER 16.1

IDLING

31-16.1-1. Purpose. – The purposes of this chapter are to protect health and the

environment by reducing air emissions and to conserve fuel by restricting the unnecessary

operation of diesel engines.

31-16.1-2. Powers of the department of environmental management. – The

department of environmental management shall have the power and authority as set forth in

section 23-23-29.1 through section 23-23-29.5 to establish rules for engine idling.

31-16.1-3. Restrictions on idling for diesel engines. – No person shall on or after July 1,

2007, cause, allow or permit the unnecessary operation of the diesel engine vehicle while said

vehicle is stopped for a period of time in excess of five (5) consecutive minutes in any sixty (60)

minute period unless exempted pursuant to regulations adopted by the department of

environmental management. Failure to operate the diesel engine vehicle in conformity with the

rules of the department of environmental management adopted pursuant to section 23-23-20.2

shall constitute a violation of this chapter.

31-16.1-4. Penalties. – Any person who violates the provisions of this chapter shall be

punished by a fine of not more than one hundred dollars ($100) for the first offense, nor more

than five hundred dollars ($500) for each succeeding offense.

SECTION 3. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled

"Adjudication of Traffic Offenses" is hereby amended to read as follows:

31-41.1-4. Schedule of violations. -- (a) The penalties for violations of the enumerated

sections, listed in numerical order, correspond to the fines described. However, those offenses for

which punishments which may vary according to the severity of the offense, or punishment which

require the violator to perform a service, shall be heard and decided by the traffic tribunal or

municipal court. The following violations may be handled administratively through the method

prescribed in this chapter. This list is not exclusive and jurisdiction may be conferred on the

traffic tribunal with regard to other violations.

VIOLATIONS SCHEDULE

8-8.2-2 DOT, DEM, or other agency and department $75.00

violations

24-10-17 Soliciting rides in motor vehicles 40.00

24-10-18 Backing up prohibited 75.00

24-10-20 Park and ride lots 75.00

31-3-12 Visibility of plates 75.00

31-3-18 Display of plates 75.00

31-2-32 Driving with expired registration 75.00

31-3-34 Failure to notify division of change of address 75.00

31-3-35 Notice of change of name 75.00

31-3-40 Temporary plates - dealer issued 75.00

31-4-3 Temporary registration - twenty (20) day bill of 75.00

sale

31-10-10 Rules as to armed forces license 75.00

31-10-30 Driving on expired license 75.00

31-10-32 Notice of change of address 75.00

31-10.1-4 No motorcycle helmet (operator) 60.00

31-10.1-5 Motorcycle handlebar violation 75.00

31-10.1-6 No motorcycle helmet (passenger) 75.00

31-10.1-7 Inspection of motorcycle required 75.00

31-12-12 Local motor vehicle ordinance 75.00

31-13-04 Obedience to devices 75.00

31-13-6(3)(i) Eluding traffic light 75.00

31-13-09 Flashing signals 75.00

31-13-11 Injury to signs or devices 75.00

31-14-1 Reasonable and prudent speed 85.00

31-14-03 Condition requiring reduced speed 85.00

31-14-09 Below minimum speed 85.00

31-14-12 Speed limit on bridges and structures 85.00

31-15-1 Leaving lane of travel 75.00

31-15-2 Slow traffic to right 75.00

31-15-3 Operator left of center 75.00

31-15-4 Overtaking on left 75.00

31-15-5(a) Overtaking on right 75.00

31-15-6 Clearance for overtaking 75.00

31-15-7 Places where overtaking prohibited 75.00

31-15-8 No passing zone 75.00

31-15-9 One way highways 75.00

31-15-10 Rotary traffic islands 75.00

31-15-11 Laned roadway violation 75.00

31-15-12 Following too closely 75.00

31-15-12.1 Entering intersection 75.00

31-15-13 Crossing center section of divided highway 75.00

31-15-14 Entering or leaving limited access roadways 75.00

31-15-16 Use of emergency break-down lane for travel 75.00

13-15-17 Crossing bicycle lane 75.00

31-16-1 Care in starting from stop 75.00

31-16-2 Manner of turning at intersection 75.00

31-16-4 U turn where prohibited 75.00

31-16-5 Turn signal required 75.00

31-16-6 Time of signaling turn 75.00

31-16-7 Failure to give stop signal 75.00

31-16-8 Method of giving signals 75.00

31-16.1-3 Diesel vehicle idling rules

first offense not to exceed 100.00

second and subsequent offense not to exceed 500.00

31-17-1 Failure to yield right of way 75.00

31-17-2 Vehicle turning left 75.00

31-17-3 Yield right of way (intersection) 75.00

31-17-4 Obedience to stop signs 75.00

31-17-5 Entering from private road or driveway 75.00

31-17-8 Vehicle within right of way, rotary 75.00

31-17-9 Yielding to bicycles on bicycle lane 75.00

31-18-3 Right of way in crosswalks 75.00

31-18-5 Crossing other than at crosswalks 75.00

31-18-8 Due care by drivers 75.00

31-18-12 Hitchhiking 75.00

31-18-18 Right of way on sidewalks 75.00

31-19-3 Traffic laws applied to bicycles 75.00

31-19-20 Sale of new bicycles 75.00

31-19-21 Sale of used bicycles 75.00

31-19.1-2 Operating motorized bicycle on an interstate 75.00

highway

31-19.2-2 Operating motorized tricycle on an interstate 75.00

highway

31-20-1 Failure to stop at railroad crossing 75.00

31-20-2 Driving through railroad gate 75.00

31-20-9 Obedience to stop sign 75.00

31-21-4 Places where parking or stopping prohibited 75.00

31-21-14 Opening of vehicle doors 45.00

31-22-2 Improper backing up 75.00

31-22-4 Overloading vehicle 75.00

31-22-5 Violation of safety zone 75.00

31-22-6 Coasting 75.00

31-22-7 Following fire apparatus 75.00

31-22-8 Crossing fire hose 75.00

31-22-9 Throwing debris on highway - snow removal l75.00

31-22-11.5 Improper use of school bus not to exceed

five hundred dollars

$500.00 for each

day of improper use

31-22-22(a) No child restraint 75.00

31-22-22(a) Child restraint/seat belt but not in any rear 75.00

seating position

31-22-22(b), (f) No seat belt – passenger 75.00

31-22-22(g) No seat belt - operator 75.00

31-22-23 Tow trucks - proper identification 275.00

31-22-24 Operation of interior lights 75.00

31-23-1(d)(2) U.S. department of transportation motor 125.00

carrier safety rules and regulations

31-23-4 Brake equipment required 75.00

31-23-8 Horn required 75.00

31-23-10 Sirens prohibited 75.00

31-23-13 Muffler required 75.00

31-23-13.1 Altering height or operating a motor vehicle 75.00

with an altered height

31-23-14 Prevention of excessive fumes or smoke 75.00

31-23-16 Windshield and window stickers (visibility) 75.00

31-23-17 Windshield wipers 75.00

31-23-19 Metal tires prohibited 75.00

31-23-20 Protuberances on tires 75.00

31-23-26 Fenders and wheel flaps required 75.00

31-23-27 Rear wheel flaps on buses, trucks and trailers 75.00

31-23-29 Flares or red flag required over four thousand 75.00

pounds (4,000 lbs.)

31-23-40 Approved types of seat belt requirements 75.00

31-23-42.1 Special mirror - school bus 75.00

31-23-43 Chocks required (1 pair) - over four thousand 75.00

pounds (4,000 lbs.)

31-23-45 Tire treads - defective tires 75.00

31-23-47 Slow moving emblem required 75.00

31-23-49 Transportation of gasoline - passenger vehicle 75.00

31-23-51 Operating bike or motor vehicle wearing ear phones 60.00

(first offense)

31-24-1 Times when lights required 75.00

through

31-24-53 Safety lights required on food vending vehicles 75.00

31-24-5 Headlamp required on motorcycle 75.00

31-24-31 Flashing lights - permit required 75.00

31-24-34 Failure to dim lights 75.00

31-24-45 Red flag required, load projecting 75.00

four feet (4') rear

31-25-03 Maximum width of one hundred and two inches 75.00

(102") exceeded

31-25-04 Maximum height of one hundred sixty-two inches 75.00

(162") exceeded

31-25-06 Maximum number and length of coupled vehicles 500.00

31-25-07 Load extending three feet (3') front 75.00

six feet (6') rear exceeded

31-25-9 Leaking load 75.00

31-25-11 Connections between coupled vehicles 75.00

31-25-12 Towing chain, twelve inch (12") 75.00

square flag required

31-25-12.1 Tow truck - use of lanes (first offense) 50.00

31-25-14(d)(1) Maximum weight and tandem 125.00

axles

31-25-14(d)(2) Maximum weight and tandem 125.00

axles

31-25-14(d)(3) Maximum weight and tandem axles 125.00

axles

31-25-16(c)(1) Maximum weight shown in registration 65.00 per thousand lbs

overweight or

portion thereof.

31-25-16(c)(2) Maximum weight shown in registration 125.00 per thousand

Lbs. overweight or

portion thereof.

31-25-16(c)(3) Maximum weight shown in registration 1,025.00 plus

$125.00 per thousand

Pounds overweight or

portion thereof

31-25-17 Identification of trucks and truck-tractors 50.00

(first offense)

31-25-24 Carrying and inspection of excess load limit 175.00

31-27-2.3 Refusal to take preliminary breath test 75.00

31-28-7(d) Wrongful use of handicapped parking placard 500.00

31-28-7(f) Handicapped parking space violation:

First offense 100.00

Second offense 175.00

Third offense and subsequent offenses 325.00

31-28-7.1(e) Wrongful use of institutional handicapped parking placard 125.00

31-33-2 Failure to file accident report 45.00

31-36.1-17 No fuel tax stamp (out-of-state) 75.00

31-38-3 No inspection sticker 75.00

31-38-4 Violation of inspection laws 75.00

31-47.2-06 Heavy-duty vehicle emission inspections:

First offense 125.00

Second offense 525.00

Third and subsequent offenses 1,025.00

37-15-7 Littering 55.00

39-12-26 Public carriers violation 75.00

SPEEDING

SPEEDING Fine

(A) One to ten miles per hour (1 -10 mph)

in excess of posted speed limit $85.00

(B) Eleven miles per hour (11 mph) in excess

of posted speed limit with a fine of

ten dollars ($10.00) per mile in excess

of speed limit to be assessed 195.00

minimum

(b) In addition to any other penalties provided by law, a judge may impose the following

penalties for speeding:

(1) For speeds up to and including ten miles per hour (10 mph) over the posted speed

limit on public highways, a fine as provided for in subsection (a) of this section for the first

offense, ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second

offense if within twelve (12) months of the first offense, and fifteen dollars ($15.00) per mile for

each mile in excess of the speed limit for the third and any subsequent offense if within twelve

(12) months of the first offense. In addition, the license may be suspended up to thirty (30) days.

(2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on

public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for

the first offense, fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the

second offense if within twelve (12) months of the first offense, and twenty dollars ($20.00) per

mile for each mile in excess of the speed limit for the third and subsequent offense if within

twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60)

days.

chapter 8.2 of title 8 shall not be subject to any additional costs or assessments, including, but not

limited to, the hearing fee established in section 8-18-4 or assessment for substance abuse

prevention.

SECTION 4. This act shall take effect upon passage.

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LC02110/4

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