Mac Brown Excavating, Inc
Idling Policy
The Air Resources Board (ARB) has a regulation for In-Use Off-Road Diesel Vehicles (Off-road regulation), which became effective under California law on June 15, 2008. The Off-road regulation is intended to reduce harmful emissions from diesel powered construction and mining vehicles operating in California. Among other things, the Off-road regulation imposes idling limitations, which became effective as of June 15, 2008. The Off-road regulation also requires that medium and large fleets (those with over 2,500 horsepower of affected off-road vehicles) have a written idling policy and make it available to operators of such vehicles. This written idling policy requirement is effective and enforceable as of March 1, 2009, and can be found in title 13, California Code of Regulations as follows:
§2449(d)(2)
(A) Idling Limit – No vehicle or engines subject to this regulation may idle for more than five consecutive minutes.
Idling of a vehicle that is owned by a rental company is the responsibility of the renter or lessee, and the rental agreement shall so indicate. The idling limit does not apply to:
idling when queuing,
idling to verify that the vehicle is in safe operating condition
idling for testing, servicing, repairing or diagnostic purposes,
idling necessary to accomplish work for which the vehicle was designed (such as operating a crane),
idling required to bring the machine system to operating temperature, and
idling necessary to ensure safe operation of the vehicle.
(B) Written Idling Policy
As of March 1, 2009, medium and large fleets must also have a written idling policy that is made available to operators of the vehicles and informs them that idling is limited to 5 consecutive minutes or less. Non-Compliance: Health and Safety Code, Section 39674 (a) authorizes civil penalties for the violation of the programs for the regulation of toxic air contaminants not to exceed one thousand dollars ($1,000) for each day in which the violation occurs. Health and Safety Code, Section 39674 (b) authorizes civil penalties for the violation of the programs for the regulation of toxic air contaminants not to exceed ten thousand dollars ($10,000) for each day in which the violation occurs. As a matter of policy, fleets found to be missing the required written idling policy will be assessed a minimum civil penalty up to $10,000 a day. Failure to submit a written idling policy within 30 days from the first offense will result in additional per day penalties. The standard for assessing penalties is one of strict liability.