Idle Reduction Measure Not Yet Fully In Gear
Congress passed a law to curtail a lot of unnecessary truck idling, but a bureaucratic snag has taken some of the power out of the legislation.
In last year's Energy Act, Congress ordered that the weight limit be raised by 400 pounds for trucks that use auxiliary power units as an alternative to engine idling for heating, air conditioning and other driver comforts. The idea was to take away the risk of an overweight fine – and the penalty of 400 pounds less cargo capacity – for truck owners wanting to save fuel by installing APUs.
Trouble is, the Federal Highway Administration reads the law as discretionary: While the states are not penalized for allowing the extra 400 pounds, they are not required to allow the weight – and many are not.
At least one state, Florida, has issued overweight citations for APU-equipped trucks, says Glenn Kedzie, assistant general counsel of American Trucking Associations.
The intent of the law was to create a national standard, but FHWA has interpreted it as permissive.
"It was the right thing to do, and now we have a federal agency that won't even allow Congress to do what it wants," Kedzie says.
Absent a change in the language of the law, FHWA believes it cannot make the higher limit mandatory. The agency has, however, published a proposal for implementing the provision as it interprets it.
Under the rule the agency is proposing, a driver must certify that the APU is used for idle reduction, is in working condition and weighs no more than 400 pounds. The proposal was published in the May 1 Federal Register, and the agency is seeking comments.
The same law that created the APU exemption authorized $19.5 million in 2006 for reducing truck idling, but that money has not been appropriated – a reflection of the budget crunch, Kedzie says.
Meanwhile, the U.S. Environmental Protection Agency has published a model idling law intended to provide a national guideline. Right now, some 15 states and many local communities have laws that restrict truck idling. These laws are not consistent: The limits range from absolutely no idling to 15 minutes, with varying conditions and fines.
Working through its Smartway Transport Partnership, a coalition that includes trucking companies and trucking interest groups, EPA came up with the model law that is intended to foster compliance and recognize the interests of both truck owners and communities.
The model proposes that trucks be limited to 30 minutes of idling while waiting to load or unload, and five minutes of idling (for warm-up or pre-trip inspection) in any one-hour period, with exceptions for traffic tie-ups, emergency or safety concerns, maintenance, safety inspections or power take-off operations. Another exception would cover circumstances, such as mechanical difficulties, over which the driver has no control.
The 30-minute limit would not kick in until five years after a state has implemented a financial assistance program for idle reduction. The same would apply to a five-minute limit for sleeper cabs during rest or sleep breaks.
The aim is to create "mutual responsibility" for the carrier, the operator of a warehouse, store or other facility, and the state. The facility operator could, for example, speed up his cargo handling or offer a comfortable waiting area for drivers.
The model says: "The trucking industry would evaluate, select and purchase an idle reduction technology; and the state would assist the trucking industry with the purchase by creating a financial loan program, such as those that currently exist in Minnesota, Arkansas, Pennsylvania and Oregon."
The model also recommends penalties: a warning upon first offense for the driver or the facility owner; a $150 citation for the driver and a $500 citation to the truck and facility owner for all subsequent offenses.
EPA is offering the model (it can be viewed at www.epa.gov/smartway/ idle-state.htm) only as a guideline to the states. The agency said it does not intend to issue any regulations on idling.
Washington Report continued...
