NYC Engine Idling Ticket Lawyer
What Is Engine Idling?
Idling emissions from gasoline and diesel motor vehicle engines are known contributors to health-related impacts, including asthma, respiratory and cardiovascular harm. Idling for longer than three minutes or more than one minute while next to a school is illegal in NYC. If you believe you did not violate any laws and need help fighting an engine idling ticket in NYC, then please reach out to our law office today. Other common violations we handle include DOB violations, DOT violations, and TLC violations.
Engine Idling Ticket FAQs
Do you have questions about engine idling tickets in NYC? We have compiled a list of questions to help you determine if you violated this law or not. If you are unsure, please do not hesitate to reach out to our law office today for a no-obligation consultation.
What vehicles can a citizen file an idling complaint against?
Here are the vehicles that a complaint can be filed against
- Trucks that are used or maintained primarily for the transportation of property. Trucks are defined to include any vehicle that is designed, used or maintained primarily for the transportation of property as defined in the NYS Vehicle and Traffic Law
- Buses that have seating capacity of 15 or more passengers in addition to the driver and used for the transportation of persons.
- A citizen may not file a complaint against a passenger car.
There are exceptions to when a citizen can file a complaint against a truck and bus. Trucks that use the motor vehicle engine or a secondary motor to run a piece of equipment including but not limited to the refrigeration unit on a delivery truck, an ice cream truck, a truck ACTIVELY using a lift gate to load and unload product, etc. are allowed to keep that engine running. Also, City and/or State Vehicles are not subject to OATH penalties.
When Can a Truck Idle Legally?
Trucks that use the motor vehicle engine to run a truck’s lift gate when being used to actively load and unload product or a processing device are allowed to keep the engine running.
When Can a Bus Idle Legally?
If the bus is being used to actively load and unload passengers it can legally idle. There is no violation of a bus that idles for longer than three minutes if there are passengers actively boarding during part of that idle period. A bus may not idle for any length of time at a terminal point when the temperature is over 40°F.
How long does a truck or bus have to be idling for in order to file a complaint?
When a truck or bus is not allowed to idle for longer than three minutes, then the duration of the video must be for at least three minutes and 4 seconds. However, the observation of the idling truck or bus must be three minutes and one second. When a truck or bus is not allowed to idle for longer than one minute, then the duration of the video must be for at least one minute and 4 seconds, but the observation of the idling truck or bus must be one minute and one second.
When is the 1 Minute Idling Rule Implemented?
The 1 minute idling rule for a vehicle is implemented when the vehicle in questions is found idling adjacent to a public or non-public school (pre-K–12) or inside a public park (except for parking lots located within a park). A school includes any building or structure, playground, athletic field or other property that is part of the school. However, colleges, universities, post graduate schools, etc. are not included in the one minute rule. There you would have to document more than three minutes of idling.
What constitutes a 2nd and 3rd offense?
The respondent has to be found in violation once before anything could be cited as a 2nd or 3rd offense. Once they are found in violation of engine idling, then the three years goes back to the date of occurrence of the first summons. A 3rd offense occurs after one finding of violation and there are two prior offenses that occur within three years of the first summons.