Recommended Idling Enforcement Procedures

Local enforcement agencies are encouraged to develop entity-specific procedures.

Idling Enforcement Procedure Example:

• Upon identifying a parked vehicle with a GVWR rating of 14,000 pounds or greater, the officer shall drive by or stop to listen to verify that the main engine of the vehicle is operating while the vehicle is parked.
  
  Types of vehicles over 14,000 pounds GVWR include:
  

• The officer shall use a stop watch to time five minutes of continuous idling.
  
• After five minutes, the officer may approach the vehicle and ask to see appropriate identification and vehicle documentation.
  
• If the vehicle has a sleeper berth, the officer shall ask to see the driver’s log book to determine whether the driver was idling during a government-mandated rest period. Idling during this time is permitted under certain circumstances (see TCEQ Idling Rule).
  
• If the driver is not on a required rest period, determine whether any of the exemptions listed in the rule are applicable (see TCEQ Idling Rule).
  
• If not, the officer has the option to issue a warning or to issue a citation, consistent with local enforcement regulations, and not to exceed $500. (Each violation is considered a separate offense).
  
• Upon issuing a citation, the officer shall photograph the vehicle for verification in the event of a court appeal.

Suggested Enforcement Areas:
Areas suggested for enforcement include locations with significant heavy-duty vehicle traffic, such as existing freight facilities. In addition, the following types of locations are also suggested for monitoring and enforcing idling activity: