540 CMR, § 27.04 - Exemptions
540 CMR 27.04 does not apply for the period or periods during which idling is necessary under the following circumstances:
(a)
Traffic
Conditions.
1. For traffic
conditions over which the driver has no control; or
2. For an official traffic control device or
signal; or
3. At the direction of a
uniformed police officer or a person authorized to direct traffic.
(b)
Queuing at a
School.
1. Where the physical
configuration of a school requires a queue of vehicles for the sequential
discharge or pickup of students, and the queue of vehicles is actively engaged
in the discharge or pickup of students.
(c)
Turbo-charged Diesel Engine
Cool Down or Warm Up. When the manufacturer's specifications
require idling the engine, to cool down or warm up a turbo-charged diesel
engine. Documentation of this requirement shall be kept in the vehicle at all
times.
(d)
Cold/Hot
Weather - School Buses.
1. If
the interior temperature of any school bus is less than 35° F, then idling
is allowed to heat the interior of the school bus for a period or periods
aggregating not more than three minutes in any 15 minute period during which
the school bus is waiting to accept or discharge passengers; or
2. If the interior temperature of any school
bus is greater than 80° F and it is not practical or possible to open the
windows or to park in a shaded area, and the school bus is equipped with air
conditioning, then idling is allowed to cool the interior of the motor vehicle
for a period or periods aggregating not more than three minutes in any 15
minute period during which the school bus is waiting to accept or discharge
passengers.
(e)
Cold/Hot Weather - Motor Vehicles Other Than School
Buses.
1. If the exterior
temperature is less than 35° F, then idling is allowed to heat the interior
of any motor vehicle other than a school bus for a period or periods
aggregating not more than one minute in any 15 minute period during which the
motor vehicle is waiting to accept or discharge passengers; or
2. If the exterior temperature is greater
than 80° F and it is not practical or possible to open the windows or to
park in a shaded area, and the vehicle is equipped with air conditioning, then
idling is allowed to cool the interior of the motor vehicle other than a school
bus for a period or periods aggregating not more than one minute in any 15
minute period during which the motor vehicle is waiting to accept or discharge
passengers.
(f)
Safety and Emergencies.
1. To ascertain that the school bus or other
commercial vehicle is in safe operating condition and equipped as required by
all provisions of law, and all equipment is in good working order, either as
part of the driver's daily vehicle inspection, or as otherwise needed;
or
2. To operate the flashing
signal lamps and/or stop signal arm devices required by law where the operation
of those devices can not be undertaken by battery power alone; or
3. To operate defrosters, or other equipment
to ensure the safe operation of the vehicle, or as otherwise required by
federal or state motor carrier safety regulations, or other local requirements;
or
4. To operate a heater or an air
conditioner for only the period necessary to ensure a reasonable interior
temperature in a vehicle that has, or will have, one or more children aboard
with temperature sensitive disabilities; or.
5. To operate a lift or other piece of
equipment designed to ensure safe loading, unloading, or transport of persons
with one or more disabilities; or
6. Use of school bus as an emergency
vehicle.
(g)
Maintenance of Operations.
1. For testing, servicing, repairing, or
diagnostic purposes; or
2. To
recharge a battery or other energy storage unit of a hybrid electric
bus.
Notes
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