H5190

	2003 -- H 5190
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	LC00728
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	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2003

	____________


	A N A C T
	RELATING TO MOTOR VEHICLES -- DIESEL VEHICLE IDLING STANDARDS


	Introduced By: Representatives McNamara, Ginaitt, Malik, Anguilla, and Gallison

	Date Introduced: January 23, 2003

	Referred To: House Corporations




	It is enacted by the General Assembly as follows:

1-1	SECTION 1. Title 31 of the General Laws entitled "Motor and Other Vehicles" is hereby
1-2	amended by adding thereto the following chapter:
1-3	CHAPTER 51
1-4	DIESEL VEHICLE IDLING STANDARDS
1-5	31-51-1. Legislative findings. – The general assembly hereby finds and declares that:
1-6	(a) Motor vehicle emissions, including emissions from diesel powered motor vehicles,
1-7	account for a substantial amount of air pollution in the state;
1-8	(b) The majority of complaints regarding emissions from motor vehicles relate to
1-9	emissions from diesel powered trucks and buses;
1-10	(c) Poor air quality has an adverse effect on the health of all Rhode Island residents,
1-11	particularly the elderly, children, and those with underlying cardiac and respiratory disease;
1-12	(d) Diesel exhaust emissions includes both gaseous pollutants and particulate matter.
1-13	Most of the particulate matter in diesel exhaust is very small, averaging about 0.2 microns in
1-14	diameter. Because of their small size, these particles are easily inhaled, and may be carried deep
1-15	into the lungs. Inhalation of fine particulate matter has been shown to cause acute and chronic
1-16	respiratory problems, exacerbate asthma symptoms, damage the lung and cause premature deaths.
1-17	The Environmental Protection Agency has determined that diesel exhaust is a probable human
1-18	carcinogen;
1-19	(e) Exposure of school children to diesel powered school bus exhaust is of particular
2-1	concern. Idling diesel powered school buses contribute substantially to children’s exposure
2-2	particulate matter and the other toxic components of diesel exhaust and place children at
2-3	increased risk for respiratory health effects, including asthma attacks, as well as for cancer;
2-4	(f) Rhode Island has one of the highest adult asthma prevalence rates in the United states,
2-5	based on data collected in 2000;
2-6	(g) Reduction of idling provides cost savings to vehicle owners. An idling diesel vehicle
2-7	wastes as much as one (1) gallon of fuel per hour;
2-8	(h) There is a compelling need to reduce emissions from idling diesel powered motor
2-9	vehicles in Rhode Island.
2-10	31-51-2. Definitions. – “Diesel powered motor vehicle” shall mean any vehicle powered
2-11	by a compression ignition engine or uses diesel fuel, that is over eight thousand five hundred
2-12	pounds (8,500 lbs.) gross vehicle weight rating and that operates on the highways of Rhode Island
2-13	including, but not limited to, trucks, truck tractors, buses, and school buses.
2-14	31-51-3. Idling standards. – Beginning January 1, 2004:
2-15	(a) No person who owns or operates a diesel powered motor vehicle shall cause, suffer,
2-16	allow or permit the engine of a motor vehicle to idle for more than five (5) consecutive minutes;
2-17	(b) No person who owns or operates a bus or a school bus that is a diesel powered motor
2-18	vehicle, shall allow the engine of a bus or a school bus to idle anywhere on the property, or
2-19	designated drop-off/pick-up zone, of a public or private elementary or secondary school;
2-20	(c) No contract shall be entered into by a municipality or school committee for school
2-21	transportation services unless said contract requires strict adherence to the provisions of this
2-22	chapter;
2-23	(d) The provisions of this chapter are enforceable by police officers and zoning
2-24	enforcement officials;
2-25	(e) Notwithstanding the enforcement authority in section (d), school officials shall assure
2-26	that no person who owns or operates a diesel powered motor vehicle other than a bus or a school
2-27	bus on the property, or designated drop-off/pick-up zone, of a public or private elementary or
2-28	secondary school shall cause, suffer, allow or permit the engine of a motor vehicle to idle for
2-29	more than five (5) consecutive minutes;
2-30	(f) A diesel powered motor vehicle may idle for up to twenty (20) minutes from a cold
2-31	start at the vehicle operator’s place of business or where the vehicle is assigned.
2-32	31-51-4. Exemptions. – The following shall be exempt from the requirements of this
2-33	chapter:
2-34	(a) A diesel powered motor vehicle while discharging or picking up passengers.
3-1	However, this exemption does not apply to a bus or a school bus discharging or picking up
3-2	passengers on school grounds or the school’s designated drop-off/pick-up zone;
3-3	(b) A diesel powered motor vehicle stopped in traffic;
3-4	(c) A diesel powered motor vehicle whose primary and/or secondary power source is
3-5	utilized in whole or in part for necessary and definitively prescribed mechanical operation other
3-6	than propulsion;
3-7	(d) A diesel powered motor vehicle idling for passenger compartment heating or air
3-8	conditioning when required to maintain a specific temperature for passenger comfort by federal,
3-9	state or local agencies, but for no more than fifteen (15) minutes in each hour;
3-10	(e) A diesel powered motor vehicle when the outdoor temperature is below twenty (20)
3-11	degrees Fahrenheit;
3-12	(f) A diesel powered motor vehicle may idle for fifteen (15) minutes each hour when the
3-13	outdoor temperature is between twenty (20) and thirty-two (32) degrees Fahrenheit;
3-14	(g) A diesel powered motor vehicle being or waiting to be examined by a state or federal
3-15	motor vehicle inspection;
3-16	(h) An authorized emergency vehicle in an emergency situation;
3-17	(i) A diesel powered motor vehicle while it is undergoing repairs that require engine
3-18	idling.
3-19	31-51-5. Fines. – Any person who fails to comply with the provisions of this chapter or
3-20	any rule or regulation promulgated under this chapter shall be subject to a civil penalty of:
3-21	(a) Seventy-five dollars ($75.00) for a first offence;
3-22	(b) One hundred twenty-five dollars ($125) for a second offense; and
3-23	(c) Five hundred dollars ($500) for a third and subsequent offenses.
3-24	SECTION 2. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled
3-25	"Adjudication of Traffic Offenses" is hereby amended to read as follows:
3-26	31-41.1-4. Schedule of violations. -- (a) The penalties for violations of the enumerated
3-27	sections, listed in numerical order, correspond to the fines described. However, those offenses for
3-28	which punishments which may vary according to the severity of the offense, or punishment which
3-29	require the violator to perform a service, shall be heard and decided by the traffic tribunal or
3-30	municipal court. The following violations may be handled administratively through the method
3-31	prescribed in this chapter. This list is not exclusive and jurisdiction may be conferred on the
3-32	traffic tribunal with regard to other violations.
3-33	VIOLATIONS SCHEDULE
3-34	8-8.2-2 DOT, DEM, or other agency and department $75.00
4-1	violations
4-2	24-10-17 Soliciting rides in motor vehicles 40.00
4-3	24-10-18 Backing up prohibited 75.00
4-4	24-10-20 Park and ride lots 75.00
4-5	31-3-12 Visibility of plates 75.00
4-6	31-3-18 Display of plates 75.00
4-7	31-2-32 Driving with expired registration 75.00
4-8	32-3-34 Failure to notify division of change of address 75.00
4-9	31-3-35 Notice of change of name 75.00
4-10	31-3-40 Temporary plates - dealer issued 75.00
4-11	31-4-3 Temporary registration - twenty (20) day bill of
4-12	sale 75.00
4-13	31-10-10 Rules as to armed forces license 75.00
4-14	31-10-30 Driving on expired license 75.00
4-15	31-10-32 Notice of change of address 75.00
4-16	31-10.1-4 No motorcycle helmet (operator) 60.00
4-17	31-10.1-5 Motorcycle handlebar violation 75.00
4-18	31-10.1-6 No motorcycle helmet (passenger) 75.00
4-19	31-10.1-7 Inspection of motorcycle required 75.00
4-20	31-12-12 Local motor vehicle ordinance 75.00
4-21	31-13-04 Obedience to devices 75.00
4-22	31-13-6(3)(i) Eluding traffic light 75.00
4-23	31-13-09 Flashing signals 75.00
4-24	31-13-11 Injury to signs or devices 75.00
4-25	31-14-1 Reasonable and prudent speed 75.00
4-26	31-14-03 Condition requiring reduced speed 75.00
4-27	31-14-09 Below minimum speed 75.00
4-28	31-14-12 Speed limit on bridges and structures 75.00
4-29	31-15-1 Leaving lane of travel 75.00
4-30	31-15-2 Slow traffic to right 75.00
4-31	31-15-3 Operator left of center 75.00
4-32	31-15-4 Overtaking on left 75.00
4-33	31-15-5(a) Overtaking on right 75.00
4-34	31-15-6 Clearance for overtaking 75.00
5-1	31-15-7 Places where overtaking prohibited 75.00
5-2	31-15-07
5-3	Places where
5-4	overtaking prohibited 75.00
5-5	31-15-8 No passing zone 75.00
5-6	31-15-9 One way highways 75.00
5-7	31-15-10 Rotary traffic islands 75.00
5-8	31-15-11 Laned roadway violation 75.00
5-9	31-15-12 Following too closely 75.00
5-10	31-15-12.1 Entering intersection 75.00
5-11	31-15-13 Crossing center section of divided highway 75.00
5-12	31-15-14 Entering or leaving limited access roadways 75.00
5-13	31-15-16 Use of emergency break-down lane for travel 75.00
5-14	31-16-1 Care in starting from stop 75.00
5-15	31-16-2 Manner of turning at intersection 75.00
5-16	31-16-4 U turn where prohibited 75.00
5-17	31-16-5 Turn signal required 75.00
5-18	31-16-6 Time of signaling turn 75.00
5-19	31-16-7 Failure to give stop signal 75.00
5-20	31-16-8 Method of giving signals 75.00
5-21	31-17-1 Failure to yield right of way 75.00
5-22	31-17-2 Vehicle turning left 75.00
5-23	31-17-3 Yield right of way (intersection) 75.00
5-24	31-17-4 Obedience to stop signs 75.00
5-25	31-17-5 Entering from private road or driveway 75.00
5-26	31-17-8 Vehicle within right of way, rotary 75.00
5-27	31-18-3 Right of way in crosswalks 75.00
5-28	31-18-5 Crossing other than at crosswalks 75.00
5-29	31-18-8 Due care by drivers 75.00
5-30	31-18-12 Hitchhiking 75.00
5-31	31-18-18 Right of way on sidewalks 75.00
5-32	31-19-3 Traffic laws applied to bicycles 75.00
5-33	31-19-20 Sale of new bicycles 75.00
5-34	31-19-21 Sale of used bicycles 75.00
6-1	31-19.1-2 Operating motorized bicycle on an interstate 75.00
6-2	highway
6-3	31-19.2-2 Operating motorized tricycle on an interstate 75.00
6-4	highway
6-5	31-20-1 Failure to stop at railroad crossing 75.00
6-6	31-20-2 Driving through railroad gate 75.00
6-7	31-20-9 Obedience to stop sign 75.00
6-8	31-21-4 Places where parking or stopping prohibited 75.00
6-9	31-21-14 Opening of vehicle doors 45.00
6-10	31-22-2 Improper backing up 75.00
6-11	31-22-4 Overloading vehicle 75.00
6-12	31-22-5 Violation of safety zone 75.00
6-13	31-22-6 Coasting 75.00
6-14	31-22-7 Following fire apparatus 75.00
6-15	31-22-8 Crossing fire hose 75.00
6-16	31-22-9 Throwing debris on highway - snow removal 75.00
6-17	31-22-11.5 Improper use of school bus - not to
6-18	exceed five
6-19	hundred dollars
6-20	($500) for each
6-21	day of improper use
6-22	31-22-22(b) No child restraint 75.00
6-23	31-22-22(c) Child restraint/seat belt but not in back sea 75.00
6-24	31-22-22(e) No seat belt - passenger 75.00
6-25	31-22-22(f) No seat belt - operator 75.00
6-26	31-22-23 Tow trucks - proper identification 275.00
6-27	31-22-24 Operation of interior lights 75.00
6-28	31-23-1(d)(2) U.S. department of transportation motor
6-29	carrier safety
6-30	rules and regulations 125.00
6-31	31-23-4 Brake equipment required 75.00
6-32	31-23-8 Horn required 75.00
6-33	31-23-10 Sirens prohibited 75.00
6-34	31-23-13 Muffler required 75.00
7-1	31-23-13.1 Altering height or operating a motor vehicle
7-2	with an altered height 75.00
7-3	31-23-14 Prevention of excessive fumes or smoke 75.00
7-4	31-23-16 Windshield and window stickers (visibility)75.00
7-5	31-23-17 Windshield wipers 75.00
7-6	31-23-19 Metal tires prohibited 75.00
7-7	31-23-20 Protuberances on tires 75.00
7-8	31-23-26 Fenders and wheel flaps required 75.00
7-9	31-23-27 Rear wheel flaps on buses, trucks
7-10	and trailers 75.00
7-11	31-23-29 Flares or red flag required over
7-12	four thousand pounds (4,000 lbs.) 75.00
7-13	31-23-40 Approved types of seat belt
7-14	requirements 75.00
7-15	31-23-42.1 Special mirror - school bus 75.00
7-16	31-23-43 Chocks required (1 pair) - over
7-17	four thousand pounds (4,000 lbs.) 75.00
7-18	31-23-45 Tire treads - defective tires 75.00
7-19	31-23-47 Slow moving emblem required 75.00
7-20	31-23-49 Transportation of gasoline –
7-21	passenger vehicle 75.00
7-22	31-23-51 Operating bike or motor vehicle wearing
7-23	ear phones (first offense) 60.00
7-24	31-24-1 Times when lights required 75.00
7-25	through
7-26	31-24-53 Safety lights required on food
7-27	vending vehicles 75.00
7-28	31-24-5 Headlamp required on motorcycle 75.00
7-29	31-24-31 Flashing lights - permit required 75.00
7-30	31-24-34 Failure to dim lights 75.00
7-31	31-24-45 Red flag required, load projecting four feet
7-32	(4') rear 75.00
7-33	31-25-03 Maximum width of one hundred and two inches
7-34	(102") exceeded 75.00
8-1	31-25-04 Maximum height of one hundred sixty-two inches
8-2	(162") exceeded 75.00
8-3	31-25-06 Maximum number and length of
8-4	coupled vehicles 500.00
8-5	31-25-07 Load extending three feet (3') front, six feet
8-6	(6') rear exceeded 75.00
8-7	31-25-9 Leaking load 75.00
8-8	31-25-11 Connections between coupled vehicles 75.00
8-9	31-25-12 Towing chain, twelve inch (12")
8-10	square flag required 75.00
8-11	31-25-12.1 Tow truck - use of lanes (first offense) 50.00
8-12	31-25-14(d)(1 Maximum weight and tandem axles 125.00
8-13	31-25-14(d)(2 Maximum weight and tandem axles 125.00
8-14	31-25-14(d)(3 Maximum weight and tandem axles 125.00
8-15	31-25-16(c)(1 Maximum weight shown in registration 65.00
8-16	per) thousand lbs.
8-17	overweight or portion thereof.
8-18	31-25-16(c)(2 Maximum weight shown in registration 125.00 per)
8-19	thousand lbs.
8-20	overweight or portion thereof.
8-21	31-25-16(c)(3 Maximum weight shown in registration 1,025.00)
8-22	plus $125.00
8-23	per thousand pounds
8-24	overweight or portion
8-25	thereof.
8-26	31-25-17 Identification of trucks and truck-tractors 50.00
8-27	(first offense)
8-28	31-25-24 Carrying and inspection of excess load limit 175.00
8-29	31-27-2.3 Refusal to take preliminary breath test 75.00
8-30	31-28-7(b)(4) Wrongful use of handicapped parking placard 125.00
8-31	31-28-7(d) Handicapped parking space violation:
8-32	First offense 100.00
8-33	Second offense 175.00
8-34	Third offense and subsequent offenses 325.00
9-1	31-28-7.1(e) Wrongful use of institutional handicapped
9-2	parking placard 125.00
9-3	31-33-2 Failure to file accident report 45.00
9-4	31-36.1-17 No fuel tax stamp (out-of-state) 75.00
9-5	31-38-3 No inspection sticker 75.00
9-6	31-38-4 Violation of inspection laws 75.00
9-7	31-47.2-06 Heavy-duty vehicle emission inspections:
9-8	First offense 125.00
9-9	Second offense 525.00
9-10	Third and subsequent offenses 1,025.00
9-11	31-51-5 Diesel idling standards:
9-12	First offense 75.00
9-13	Second offense 125.00
9-14	Third and subsequent offense 500.00
9-15	37-15-7 Littering 55.00
9-16	39-12-26 Public carriers violation 75.00
9-17	SPEEDING
9-18	Fine (A) One to ten miles per hour (1-10 mph) in excess of posted speed limit $ 75.00
9-19	(B) Eleven miles per hour (11 mph) in excess of posted speed limit with a fine of ten
9-20	dollars ($10.00) per mile in excess 185.00 of speed limit shall be assessed. minimum
9-21	(b) In addition to any other penalties provided by law, a judge may impose the following
9-22	penalties for speeding:
9-23	(1) For speeds up to and including ten miles per hour (10 mph) over the posted speed
9-24	limit on public highways, a fine as provided for in subsection (a) of this section for the first
9-25	offense, ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second
9-26	offense if within twelve (12) months of the first offense, and fifteen dollars ($15.00) per mile for
9-27	each mile in excess of the speed limit for the third and any subsequent offense if within twelve
9-28	(12) months of the first offense. In addition, the license may be suspended up to thirty (30) days.
9-29	(2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on public
9-30	highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the first
9-31	offense, fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the second
9-32	offense if within twelve (12) months of the first offense, and twenty dollars ($20.00) per mile for
9-33	each mile in excess of the speed limit for the third and subsequent offense if within twelve (12)
9-34	months of the first offense. In addition, the license may be suspended up to sixty (60) days.
10-1	(c) Any person charged with a violation who pays the fine administratively pursuant to
10-2	chapter 8.2 of title 8 shall not be subject to any additional costs or assessments, including, but not
10-3	limited to, the hearing fee established in section 8-18-4 or assessment for substance abuse
10-4	prevention.
10-5	SECTION 3. This act shall take effect upon passage.

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	LC00728
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	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO MOTOR VEHICLES -- DIESEL VEHICLE IDLING STANDARDS
	***

11-1	This act would regulate the idle times of diesel powered motor vehicles and would
11-2	establish fines for violations of the regulation.
11-3	This act would take effect upon passage.

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	LC00728
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H5190