§ 42-14-105 — Idling

(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:

(a) When it remains motionless because of highway traffic, an official traffic
control device or signal, or at the direction of a law enforcement officer;

(b) When the driver is operating defrosters, heaters, or air conditioners or is
installing equipment only to prevent a safety or health emergency, and not for rest
periods;

(c) In the case of a law enforcement, emergency, public safety, or military
vehicle, or any 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;

(d) When necessary for required maintenance, servicing, or repair of the
vehicle;

(e) During a local, state, or federal inspection verifying that the equipment is
in good working order if required for the inspection;

(f) During the operation of power take-off equipment if necessary for
operating work-related mechanical or electrical equipment;

(g) In the case of an armored vehicle, when a person is inside the vehicle to
guard its contents or during the loading or unloading of the vehicle;

(h) In the case of a passenger bus, when idling for up to five minutes in any
sixty-minute period to maintain passenger comfort while nondriver passengers are
on board;

(i) When used to heat or cool a sleeper berth compartment during a rest or
sleep period at 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;

(j) When used to heat or cool a sleeper berth compartment during a rest or
sleep period at 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;

(k) When idling for up to twenty minutes in any sixty-minute period if the
ambient temperature is less then ten degrees; or

(l) For a critical service or a utility provider, when performing the functions of
the provider's duties.

Legislative History

Source: L. 2011: Entire article added, (HB 11-1275), ch. 215, p. 943, � 2, effective July 1. L. 2024: (2)(j) and (2)(k) amended and (2)(l) added, (HB 24-1341), ch. 132, p. 477, � 3, effective August 7.