Excludes idling reduction devices from the calculation of the weight of certain vehicles

BILL NUMBER:S5722A

Title of bill

An act to amend the vehicle and traffic law, in relation to excluding idling reduction devices from the calculation of weight

Purpose or general idea of bill

This legislation would exempt the weight of auxiliary power units (APU) from the weight restriction of commercial vehicles, up to a maximum of 400 pounds.

Summary of specific provisions

The bill amends section 385 of the Vehicle and Traffic Law by adding a new subdivision, 10-a, to exclude the weight of auxiliary power units and idle reduction devices installed in a vehicle from the calculation of that vehicles weight up to a maximum of 400 pounds. It also establishes that the driver of such vehicle must provide written certification of such a devices weight and adequate proof that such device is fully functional upon request of a law enforcement officer or other officer or employee responsible for enforcement of this section.

An "auxiliary power unit" shall mean an integrated system that (I) provides heat, air conditioning, engine warming, or electricity to components on a vehicle which is subject to the provisions of this section and (2) is certified under part eighty-nine of title forty of the code of federal regulations (as may from time to time be amended) as meeting applicable emission standards.

An "idle reduction device" shall mean an auxiliary power unit or other technology that is used to reduce long duration idling (as such term is defined in paragraph seven of subdivision (a) of section 16104 of the United States code as may from time to time be amended) and allows for the main drive engine or auxiliary refrigeration engine to be shut down.

Justification

This legislation will enhance air quality and help to eliminate the idling of commercial motor vehicles. Auxiliary power units are used to provide heating, cooling, and electricity to the sleeper cabs of trucks. The use of these units eliminates the need for a commercial vehicle to idle while the driver meets his federally and state mandated rest periods. Without an APU, a truck would need to run its diesel engine to provide the necessary heating or cooling so that a driver would be able to safely and comfortably meet his or her rest requirements. An APU can weigh up to 400 lbs. The passage of this legislation will mean that the installation of an APU will not diminish the amount of freight that a truck can legally carry. While 400 lbs. may not seem like a significant amount, it can easily translate to an additional pallet of freight. The loss of one pallet may also not seem like a significant amount, but when multiplied over thousands of trips, this loss of freight can make the difference between a profit and a loss.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.