June 23, 2008

ISSUE 1224

ERC ADOPTS DIESEL IDLING RULE

The Florida Environmental Regulation Commission (ERC) unanimously passed Rule 62-285.420, Florida Administrative Code, entitled “Heavy-Duty Vehicle Idling Reduction” June 19. This rule prohibits on-road, heavy-duty diesel engine-powered vehicles from idling for more than 5 consecutive minutes, with several exemptions.

“Heavy-duty diesel engine- powered vehicle” means a vehicle with a gross vehicle weight rating equal to or greater than 8,500 pounds, used to transport passengers or freight, that is used on roads for a commercial, governmental, or public purpose. There are a number of exemptions granted by the rule covering situations where idling may be necessary.

The rule applies to owners or operators of the vehicles, not to property owners. The maximum penalty for a violation is $1,000. The Department of Environmental Protection (DEP) stressed, however, that compliance assistance, through education and outreach, is the preferred method of enforcing the rule.

The ERC accepted two amendments to the rule proposed by DEP. The first amendment clarified that cargo refrigeration units and waste collection vehicles, during normal collection operations, are exempt from the idling prohibition. This exemption only applies to companies that either own or operate these types of vehicles. The second amendment established the rule’s effective date as Dec. 15, 2008.

 

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ERC ADOPTS DIESEL IDLING RULE