When used in this article, the following words, terms and phrases
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning:
Commercial passenger transportation.
A mode of transportation provided by a bus or motor coach
designed to accommodate more than ten (10) passengers, including the
operator, for compensation, and that is powered by a primary propulsion
engine, and does not include railroads, light rail or taxicabs.
Idle.
The operation of an engine in the operating mode, where the
engine is not engaged in gear, where the engine operates at a speed
at the revolutions per minute specified by the engine or vehicle manufacturer
for when the accelerator is fully released, and there is no load on
the engine.
Mechanical operations.
Use of electrical tools or equipment in construction, maintenance,
or repair of facilities.
Passenger transit operations.
A regional mode of public transportation that is funded through
a portion of sales tax for such region being served.
Primary propulsion engine.
A gasoline- or diesel-fueled internal combustion engine attached
to a motor vehicle that provides the power to propel the motor vehicle
into motion and maintain motion.
(2007 Code, sec. 12.06.001)
This article applies during the period of April 1 through October
31 of each year.
(2007 Code, sec. 12.06.002)
No person shall cause, suffer, allow, or permit the primary
propulsion engine of a motor vehicle to idle more than five (5) consecutive
minutes when the motor vehicle is not in motion.
(2007 Code, sec. 12.06.003)
The following constitute affirmative defenses to prosecution
under this article:
(1) The motor vehicle has a gross vehicle weight rating of 14,000 pounds
or less;
(2) The motor vehicle is/was forced to remain motionless because of traffic
conditions over which the operator has no control;
(3) The motor vehicle is being used by the United States military, national
guard, or reserve forces, or as an emergency or law enforcement vehicle;
(4) The primary propulsion engine of the motor vehicle provides a power
source necessary for mechanical operation, not including:
(B) Passenger compartment heating and air conditioning;
(5) The primary propulsion engine of the motor vehicle is being operated
for maintenance or diagnostic purposes;
(6) The primary propulsion engine of a motor vehicle is being operated
solely to defrost a windshield;
(7) The primary propulsion engine of a motor vehicle is being used to
supply heat or air conditioning necessary for passenger comfort/safety
in those motor vehicles intended for commercial passenger transportation
or school buses, in which case idling up to a maximum of thirty (30)
minutes is allowed;
(8) The primary propulsion engine of a motor vehicle is used for passenger
transit operations, in which case idling up to a maximum of thirty
(30) minutes is allowed;
(9) The primary propulsion engine of a motor vehicle is being used as
airport ground support equipment;
(10) The primary propulsion engine of a motor vehicle is being used to
provide air conditioning or heating necessary for employee health
or safety while the employee is using the vehicle to perform an essential
job function related to roadway construction or maintenance; or
(11) A motor vehicle when idling is necessary to power a heater or air
conditioner while a driver is using the vehicle’s sleeper berth
for a government-mandated rest period. This subsection expires September
1, 2007.
(2007 Code, sec. 12.06.004)
For any violation of this article, the person seeking to establish an affirmative defense shall have the burden of proving by a preponderance of the evidence that an event that would otherwise be a violation of this article was caused by one of the affirmative defenses allowed in section
22.06.004.
(2007 Code, sec. 12.06.005)
This article is not intended to relieve any person or persons
from the responsibility of complying with the Texas Transportation
Code, section 545.404 (unattended motor vehicle), or any other state
law it may conflict with.
(2007 Code, sec. 12.06.006)