Bill Text: OR SB767 | 2011 | Regular Session | Introduced

Oregon Senate Bill 767 (Prior Session Legislation)

Introduced

Bill Title: Relating to idling motor vehicle engines; prescribing an effective date.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB767 Detail]

Download: Oregon-2011-SB767-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1411

                         Senate Bill 767

Sponsored by COMMITTEE ON GENERAL GOVERNMENT, CONSUMER AND SMALL
  BUSINESS PROTECTION

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates offense of unlawfully idling motor vehicle engine.
Provides certain exemptions. Punishes by maximum fine of $50 for
first offense, $100 for second offense and $200 for third or
subsequent offense.
  Takes effect July 1, 2013.

                        A BILL FOR AN ACT
Relating to idling motor vehicle engines; and prescribing an
  effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 811. + }
  SECTION 2.  { + (1) A person commits the offense of unlawfully
idling a motor vehicle engine if the person is operating a motor
vehicle on or adjacent to school property and the person:
  (a) Stops the motor vehicle; and
  (b) Allows the engine of the stopped motor vehicle to idle for
more than one minute.
  (2) This section does not apply if:
  (a) The motor vehicle is stopped in traffic;
  (b) The person is acting in compliance with the directions of a
police officer or traffic control device;
  (c) The motor vehicle is stopped at a railroad crossing;
  (d) The person is stopped by a flagger as defined in ORS
811.230;
  (e) The motor vehicle has a combined weight that exceeds 26,000
pounds and is stopped at a truck stop or roadside rest area that
is not within 1,000 feet of a residence district or school;
  (f) Idling is necessary for the purpose of diagnosing, testing,
servicing or repairing the motor vehicle;
  (g) Idling is necessary to cool down the motor vehicle before
turning the engine off;
  (h) Idling is necessary to accomplish work for which the motor
vehicle was designed other than transporting goods and people,
including but not limited to operating a pump, crane, drill,
hoist or mixer;
  (i) Idling is necessary to operate a lift or other piece of
equipment designed to ensure the safe loading and unloading of
goods or people;

  (j) Idling is necessary to recharge a battery or other energy
storage unit of a hybrid electric vehicle;
  (k) Idling is necessary to operate equipment that runs
intermittently;
  (L) Except as provided in paragraph (m) of this subsection,
idling is necessary to operate the motor vehicle's defroster,
heater or air conditioner and the outside temperature is 40
degrees Fahrenheit or below or 85 degrees Fahrenheit or above; or
  (m) Idling is necessary to operate the motor vehicle's
defroster, heater or air conditioner and an occupant of the motor
vehicle has a disability or health condition that would be
significantly aggravated if the motor vehicle was not maintained
at an adequate temperature for the occupant.
  (3) The offense described in this section, unlawfully idling a
motor vehicle engine, is punishable by a maximum fine of:
  (a) Fifty dollars for a first offense.
  (b) One hundred dollars for a second offense.
  (c) Two hundred dollars for a third or subsequent offense.
  (4) As used in this section, 'school' means:
  (a) A facility operating an Oregon prekindergarten or a federal
Head Start program;
  (b) A public or private educational institution offering
education in all or part of kindergarten through grade 12;
  (c) An education service district as defined in ORS 334.003;
  (d) A community college as defined in ORS 341.005;
  (e) The Oregon School for the Deaf; and
  (f) A regional residential academy operated by the Oregon Youth
Authority. + }
  SECTION 3. { +  This 2011 Act takes effect on July 1, 2013. + }
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