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Home » US Law » 2022 West Virginia Code » Chapter 17C. Traffic Regulations and Laws of the Road » Article 13A. Diesel-Powered Motor Vehicle Idling Act

§17C-13A-1. Definitions

The following words and phrases when used in this article have the meanings given to them in this section unless the context clearly indicates otherwise: (a) "Bus" means the same as that term is defined in section thirteen, article one, chapter seventeen of this code. (b) "Bus depot" means a location where buses are routinely […]

§17C-13A-2. Restrictions on Idling

No driver or owner of a diesel-powered motor vehicle with a gross vehicle weight of ten thousand one pounds or more engaged in commerce may cause, and no owner or operator of the location where the vehicle loads, unloads or parks, may allow the engine of the vehicle to idle for more than fifteen minutes […]

§17C-13A-3. Exceptions

(a) The idling restrictions set forth in section two of this article do not apply to motor homes, commercial implements of husbandry, implements of husbandry or farm tractors. (b) The idling restrictions set forth in section two of this article do not apply to construction equipment that cannot be licensed for on-road driving or construction […]

§17C-13A-4. Increase of Weight Limit

The maximum gross weight limit and axle weight limit for any motor vehicle equipped with idle reduction technology may be increased by an amount necessary to compensate for the additional weight of the idle reduction technology as provided under 23 U.S.C. §127(a)(12), as that section exists on the effective date of this article. The additional […]

§17C-13A-5. Penalties

The driver or owner of a diesel-powered motor vehicle with a gross weight of ten thousand one pounds or more engaged in commerce or the owner or operator of a location where such vehicles load, unload or park that violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, pay […]

§17C-13A-6. Notification

If the driver of a diesel-powered motor vehicle subject to this article is convicted of a misdemeanor offense pursuant to this article is not the owner of the vehicle, the commission shall, under procedures established by the commission, notify the vehicle owner that the driver has been convicted.

§17C-13A-7. Enforcement

Enforcement of the article is limited to: (1) Any member of the division of public safety of this state; (2) any sheriff and any deputy sheriff of any county; (3) any member of a police department in any municipality as defined in section two, article one, chapter eight of this code; and (4) any officers […]

§17C-13A-8. Permanent Idling Restriction Signs

An owner or operator of a location where vehicles subject to this article load or unload, or a location that provides fifteen or more parking spaces for vehicles subject to this article shall erect and maintain a permanent sign to inform drivers that idling is restricted in this state pursuant to the provisions of section […]

§17C-13A-9. Preemption

(a) The provisions of this article preempt and supersede a local ordinance or rule concerning the subject matter of this article. (b) This article does not prevent the Department of Environmental Protection as set forth in chapter twenty-two of this code from regulating motor vehicle emissions pursuant to the provisions of section fifteen, article five, […]