(1) Standard. The owner or operator of a covered vehicle shall not cause or permit the vehicle to idle for more than five minutes within any sixty-minute period except as authorized by subsection (2) of this section.
(2) Exemptions. Subsection (1) of this section does not apply to an idling, covered vehicle:
When it remains motionless because of highway traffic, an official traffic controldevice or signal, or at the direction of a law enforcement officer;
When the driver is operating defrosters, heaters, or air conditioners or is installingequipment only to prevent a safety or health emergency, and not for rest periods;
In the case of a law enforcement, emergency, public safety, or military vehicle, orany other vehicle used to respond to an emergency, when it is responding to an emergency or being used for training for an emergency, and not for the convenience of the vehicle operator;
When necessary for required maintenance, servicing, or repair of the vehicle;
During a local, state, or federal inspection verifying that the equipment is in goodworking order if required for the inspection;
During the operation of power take-off equipment if necessary for operating workrelated mechanical or electrical equipment;
In the case of an armored vehicle, when a person is inside the vehicle to guard itscontents or during the loading or unloading of the vehicle;
In the case of a passenger bus, when idling for up to five minutes in any sixty-minuteperiod to maintain passenger comfort while nondriver passengers are on board;
When used to heat or cool a sleeper berth compartment during a rest or sleep periodat a safety rest area as defined under 23 CFR 752.3, fleet trucking terminal, commercial truck stop, or state-designated location designed to be a driver's rest area;
When used to heat or cool a sleeper berth compartment during a rest or sleep periodat a location where the vehicle is legally permitted to park and that is at least one thousand feet from residential housing, a school, a daycare facility, a hospital, a senior citizen center, or a medical outpatient facility providing primary, specialty, or respiratory care; or
When idling for up to twenty minutes in any sixty-minute period if the ambient temperature is less then ten degrees.
Source: L. 2011: Entire article added, (HB 11-1275), ch. 215, p. 943, § 2, effective July 1.