38 M.R.S. § 585-L Idling Requirements For Motor Vehicles

• Library: Maine Revised Statutes
• Edition: 2023
• Currency: Current through 131st (2023-2024) Legislature Chapter 486
• Year: 2023
• Citation: 38 M.R.S. § 585-L

1.Applicability. This section applies to:

A. Commercial motor vehicles, as defined in 49 Code of Federal Regulations, Section 390.5 (2007), and commercial motor vehicles used on a highway in intrastate commerce; [ RR 2007, c. 2, § 26 (RAL) .]

B. Locations where commercial motor vehicles load or unload; and [ RR 2007, c. 2, § 26 (RAL) .]

C. Gasoline-powered motor vehicles except private passenger vehicles. [ RR 2007, c. 2, § 26 (RAL) .]

[ RR 2007, c. 2, § 26 (RAL) .]

2.General requirement for loading and unloading locations. A person who owns a location where a commercial motor vehicle that is not subject to an exemption under subsection 4 loads or unloads may not cause a driver of that vehicle to idle for a period longer than 30 minutes by requesting that the vehicle continue running while waiting to load or unload at that location. To the maximum extent practical, a person subject to this subsection shall minimize delays in loading and unloading operations in order to reduce idling times.

[ RR 2007, c. 2, § 26 (RAL) .]

3.General requirement for vehicles. An owner or operator of a commercial motor vehicle may not cause or permit such a vehicle to idle for more than 5 minutes in any 60-minute period except as provided in subsection 4. An owner or operator of a gasoline-powered motor vehicle, except a private passenger vehicle, may not cause or permit such a vehicle to idle for more than 5 minutes in any 60-minute period except as provided in subsection 4.

[ RR 2007, c. 2, § 26 (RAL) .]

4.Exemptions. Subsection 3 does not apply for the period or periods when:

A. A motor vehicle idles while forced to remain motionless because of traffic or an official traffic control device or signal or at the direction of a law enforcement official; [ RR 2007, c. 2, § 26 (RAL) .]

B. A motor vehicle idles when operating a defroster, heater, air conditioner or installing equipment solely to prevent a safety or health emergency and not as part of a rest period; [ RR 2007, c. 2, § 26 (RAL) .]

C. A police, fire, ambulance, public safety, military or other emergency or law enforcement vehicle idles while being used in the course of official business; [ RR 2007, c. 2, § 26 (RAL) .]

D. The primary propulsion engine idles for maintenance, servicing, repair or diagnostic purposes if idling is required for such an activity; [ RR 2007, c. 2, § 26 (RAL) .]

E. A motor vehicle idles as part of a state or federal inspection to verify that all equipment is in good working order if idling is required as part of the inspection; [ RR 2007, c. 2, § 26 (RAL) .]