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WPCNR ON THE ROAD REPORTER. June 2,2009: A funny thing happened on my way to a news conference yesterday, I noticed a large SUV idling in the City Hall parking lot, while its driver, a city employee, was conducting a conversation with another highly ranked city employee. The conversation went on for a good five minutes or more.
When the motorist started up, I pointed out that the recent Westchester County “anti-idling law” appeared to have been violated. The driver said the idling law did not apply to city vehicles, (which as any observer can tell you), do a lot of idling. I checked with the Westchester County Department of Communications which clarified the idling law for you idlers out there across Westchester County who are public employees.
Here are the guidelines from Victoria Hochman of the county Communications office:
Yes, the idling law would apply to City-owned vehicles unless the vehicles met one of the exceptions provided under the law.
For example, the law states that it does not apply to hybrid-electric vehicles idling for the purpose of providing energy for the battery or other form of energy storage recharging and it does not apply to electric vehicles. See Section 873.1317(3) of the County Sanitary Code.
Also, the law does not apply to fire trucks, police, emergency medical services and other emergency vehicles and equipment while performing in the scope of their duties. See Section 873.1317(5) of the County Sanitary Code.
Unless City-owned vehicles met one of these exceptions, the idling law would be applicable to such vehicles.
Other questions about the idling law in Westchester County are answered on this fact sheet from County Legislator Tom Abinanti:
Question. What is the county law’s idling limitation?
Answer
. The county’s anti-idling law limits the time any motor vehicle in Westchester Countymay idle, when the vehicle is not in motion, to three consecutive minutes.
Question. Are there any exceptions to this idling limitation?
Answer.
Yes. The most common exceptions to the law are when:1. The motor vehicle is stopped because of traffic conditions which the driver has no
control over;
2. The temperature is 32 degrees Fahrenheit (0 degrees Celsius) and the motor vehicle is
not powered by a diesel engine (i.e., trucks and buses);
3. Emergency vehicles and equipment, including fire trucks, police cars, ambulances and
other emergency vehicles and equipment are being used in the performance of their
duties;
4. The engine is being used to provide power for an essential auxiliary purpose or is
required for the purpose of maintenance (i.e., ice cream truck to control temperature
for ice cream, tow truck loading or discharging vehicle, vehicle inspections);
5. A hybrid electric vehicle is idling to provide energy for the battery; or
6. The motor vehicle is an electric vehicle.
WESTCHESTER COUNTY LEGISLATOR TOM ABINANTI’S FACT SHEET
02/26/2009ON WESTCHESTER COUNTY’S ANTI-IDLING LAW
Page 2Question. What are the penalties for violating the county’s idling law?
Answer.
Since the County’s idling law is part of the County Sanitary Code the penalties forviolations of the idling law can be found in Sections 873.218, 873.219 and 873.220 of the Code
and include, for a first offense, a fine not exceeding $250.00 or imprisonment not exceeding 15
days, or both; and for a second or subsequent offense, a fine not exceeding $500.00 or
imprisonment not exceeding 15 days, or both.
Question. Who is required to enforce the county’s idling law?
Answer.
The county’s idling law must be enforced by the County’s Department of Public Safetyand may be enforced by all law enforcement officers in Westchester County, including
enforcement officers authorized to enforce the New York State Vehicle and Traffic Law. The
law may also be enforced by municipal traffic and parking enforcement agents if they are
authorized by the municipality to issue appearance tickets.
Question. When an appearance ticket is issued for a violation of the county’s idling law by
law enforcement officers or enforcement agents where is it returnable?
Answer.
The appearance ticket issued for a violation of the county’s idling law is returnable inthe local court of the jurisdiction where the violation occurred.
Question. Are motor vehicles that are on line for drive-thru banks and other drive- thru
services (i.e., coffee, dry cleaners) subject to the county’s idling law?
Answer.
Yes. However, the law is only violated if a vehicle is idle for more than threeconsecutive minutes. If the motor vehicle continues to move in the drive-thru line every three
minutes or less there will be no violation.
Question. Are school buses on school property subject to the county’s idling law?
Answer.
Yes. The county’s anti-idling law has applied to motor vehicles powered by dieselengines since 2006. The current changes to the county’s anti-idling law have expanded the antiidling
law to all motor vehicles in Westchester County.
Question. Can I idle my motor vehicle for more than three minutes in order to assist in
removal of ice or frost on my window, or to warm the vehicle?
Answer.
Maybe. The county’s anti-idling law includes an exemption during temperaturesbelow 32 degrees Fahrenheit (freezing), thus allowing vehicle idling during freezing conditions
typically associated with icy windshields and the need to warm the vehicle