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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 56 SO AS TO ESTABLISH IDLING RESTRICTIONS FOR COMMERCIAL DIESEL VEHICLES, TO PROVIDE PENALTIES FOR VEHICLES THAT VIOLATE THE PROVISIONS OF THIS CHAPTER, TO PROVIDE THAT THE STATE TRANSPORT POLICE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL ENFORCE THE PROVISIONS CONTAINED IN THIS CHAPTER, TO PROVIDE THAT FINES COLLECTED PURSUANT TO THIS CHAPTER MUST BE PLACED IN THE DIESEL IDLING REDUCTION FUND ADMINISTERED BY THE STATE TREASURY AND USED TO DEVELOP AND OPERATE AN IDLING AWARENESS PROGRAM, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROMULGATE REGULATIONS TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 56 of the 1976 Code is amended by adding:
Section 56-35-10. As used in this chapter:
(1) 'Auxiliary power unit' means a mechanical or electrical device affixed to a vehicle that is designed to be used to generate an alternative source of power for any of the vehicle's systems other than the primary propulsion engine.
(2) 'Commercial diesel vehicle' means a self-propelled diesel motor vehicle licensed for use on a public roadway to transport passengers or property when the vehicle has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of ten thousand and one pounds or more, whichever is greater.
(3) 'Passenger bus' means a vehicle designed to carry sixteen or more passengers.
(4) 'Vehicle' means a commercial diesel vehicle.
Section 56-35-20. (A)(1) An operator of a commercial diesel vehicle may not allow the vehicle to idle for more than ten minutes in any sixty-minute period.
(2) A passenger bus may idle up to fifteen minutes in a sixty-minute period to provide heating or air conditioning when nondriver passengers are on board the vehicle.
(B) A vehicle operator does not violate the idling restrictions contained in subsection (A) if he is idling:
(1) a vehicle while forced to remain motionless because of traffic conditions beyond his control, an official traffic control device or signal, or at the direction of a law enforcement official;
(2) a vehicle while operating defrosters, heaters, air conditioners, cargo refrigeration equipment, or to install equipment to prevent a safety or health emergency, or as otherwise required by federal or state motor carrier safety regulations or local requirements. This exception does not apply when idling during a rest period;
(3) a police, fire, ambulance, public safety, military, or other emergency or law enforcement vehicle or any vehicle being used in an emergency capacity while in an emergency or training mode. This exception does not apply when idling for the convenience of the vehicle operator;
(4) the primary propulsion engine of a vehicle for maintenance, servicing, repairing or diagnostic purposes if idling is required;
(5) a vehicle as part of a Federal or State inspection to verify that all equipment is in good working order, if idling is required as part of the inspection;
(6) a primary propulsion engine necessary to power work-related mechanical or electrical operations. This exception shall not apply when idling is done for cabin comfort or to operate nonessential onboard equipment;
(7) an armored vehicle when a person remains inside the vehicle to guard contents or while the vehicle is being loaded or unloaded;
(8) an occupied vehicle with a sleeper berth compartment for purpose of air conditioning or heating:
(a) during a rest or sleep period;
(b) when the outside temperature at the location of the vehicle is less than forty degrees Fahrenheit or greater than eighty degrees Fahrenheit;
(c) while the vehicle is at a fleet trucking terminal, commercial truck stop, state designated location designed for the intended purpose of a driver's rest area, or any location that the vehicle is legally permitted to park; and
(d) at a rest area or parking location that is at least five hundred feet from residential housing, schools, daycare facilities, hospitals, or other similar locations; and
(9) an occupied vehicle for the purpose of air conditioning or heating it while waiting in line or queuing to load or unload.
Section 56-35-30. (A) For the purposes of this chapter, operating an auxiliary power unit, generator set, or another mobile idling reduction technology as a means to heat, air condition, or provide electrical power, as an alternative to idling the main engine, does not constitute idling an engine.
(B) For a heavy-duty vehicle equipped with an auxiliary power unit designed for idling reduction, the gross vehicle weight or axle weight used to determine the fine for a violation of commercial vehicle weight restrictions is the actual gross vehicle weight or axle weight reduced by four hundred pounds.
Section 56-35-40. A violation of the provisions contained in this chapter is a nonmoving traffic offense that is punishable by:
(1) a warning ticket for a first offense that occurs between July 1, 2008 to July 1, 2009;
(2) a fine of up to fifty dollars for a first offense that occurs after July 1, 2009;
(3) a fine of up to one hundred dollars for a second offense; or
(4) a fine of up to two hundred fifty dollars or successful attendance of an idling reduction course, or both for a third or subsequent offense.
Section 56-35-50. (A) The State Transport Police Division of the Department of Public Safety is primarily responsible for enforcing the provisions of this chapter. An officer or agent of the State Transport Police that observes a vehicle operator violating the provisions of this chapter is authorized to issue a citation to the offender.
(B) The officer must inform the individual receiving the citation that he has the option, at that time, to elect to pay his fine directly to the Department of Public Safety or to receive a hearing in magistrates court. If the individual at the time the citation is issued elects to pay his fine directly to the Department of Public Safety within twenty-eight days, as specified on the citation, no assessments may be added to the original fine pursuant to this section. The fine may be deposited with the arresting officer or a person the Department of Public Safety may designate. Within forty-five days of collection, all monies collected by the Department of Public Safety must be forwarded to the department for deposit in the Diesel Idling Reduction Fund.
(C)(1) Magistrates have jurisdiction of all contested violations of this chapter. Within forty-five days of collection, a magistrate must forward all monies collected to the Department of Public Safety for deposit in the Diesel Idling Reduction Fund established in this section. The fine may be deposited with the arresting officer or a person the Department of Public Safety may designate. The fine must be deposited in full or other arrangements satisfactory to the Department of Public Safety, for payment must be made. If there is no conviction, the fine must be returned to the owner promptly.
(2) If the fine is not paid in full to the Department of Public Safety within forty-five days after conviction, the license and registration of the vehicle found in violation of this chapter must be suspended. The owner of the vehicle immediately shall return the license plate and registration of the vehicle to the Department of Motor Vehicles. If a person fails to return the license plate and registration as provided in this section, the Department of Motor Vehicles may secure possession of them by a commissioned trooper or officer. The suspension continues until the fine is paid in full.
(D) The Department of Public Safety shall provide a separate uniform citation to be used by the State Transport Police for idling violations.
Section 56-35-60. (A) There is established by the State Treasurer a fund separate and distinct from the general fund and all other funds entitled the Diesel Idling Reduction Fund. Earnings on this fund must be credited to it and a balance in the fund at the end of a fiscal year does not lapse to the general fund but is instead carried forward in the fund to the succeeding fiscal year. The monies in the fund must be used only to cover costs associated with the idling awareness program operated by the Department of Health and Environmental Control.
(B) The Department of Health and Environmental Control must develop and operate an idling awareness program that promotes the benefits of idling reductions. The program must encourage businesses and vehicle operators to develop practices to reduce idling.
Section 56-35-70. The Department of Health and Environmental Control shall promulgate regulations to administer and enforce the provisions of this chapter."
SECTION 2. This act takes effect on July 1, 2008.
This web page was last updated on Monday, June 22, 2009 at 2:59 P.M.