New York (statewide) idling law: the 5-minute rule

What the law says

No person who owns, operates or leases a heavy duty vehicle … or who owns, leases or occupies land and has the actual or apparent dominion or control over the operation of a heavy duty vehicle … present on such land … shall allow or permit the engine of such heavy duty vehicle to idle for more than five consecutive minutes when the heavy duty vehicle is not in motion

6 NYCRR §217-3.2

Who and what it covers

Subpart 217-3 applies to on-road heavy-duty vehicles with a GVWR over 8,500 lbs that are designed primarily to transport persons or property, whatever the fuel, and excludes marine vessels (§217-3.1). The limit is five consecutive minutes, so the clock restarts once the vehicle moves. Owners, operators and lessees are liable, and so is anyone who owns, leases or occupies land and controls the operation of a heavy-duty vehicle on it, such as a distribution center or a parking lot operator. New York City enforces its own, stricter idling law on top of this rule; see our NYC idling guide.

Exemptions

• A bus or truck forced to stay motionless by traffic conditions the operator cannot control (§217-3.3(a))
• Where a Federal, State or local regulation requires a specific temperature for passenger comfort, idling may be extended only as far as needed to comply (b)
• Engine power for an auxiliary purpose: loading, discharging, mixing or processing cargo, controlling cargo temperature, construction, lumbering, oil or gas well servicing, farming, or required maintenance (c)
• Fire, police and public utility trucks or other vehicles performing emergency services (d)
• Mining and quarrying trucks used within the owner’s own property (e)
• A diesel truck that will stay motionless for more than two hours while the ambient temperature is continuously below 25°F (f)
• A heavy-duty diesel queued for or undergoing a State-authorized periodic or roadside emissions inspection under Subpart 217-5 (g)
• A hybrid electric vehicle idling to recharge its battery or other energy storage (h)
• Heavy-duty vehicles used for agricultural purposes on a farm (i)
• Electric powered vehicles (j)

Penalties

Subpart 217-3 is an Article 19 air regulation, so Environmental Conservation Law §71-2103(1) sets the civil penalty: for a first violation, not less than $500 nor more than $18,000, plus up to $15,000 for each day the violation continues. A second or further violation carries up to $26,000, plus up to $22,500 per continuing day. Under §71-2103(2) the penalty is recovered in an action brought by the Attorney General.

Who enforces it, and how to report

DEC says Environmental Conservation Officers (ECOs) are primarily responsible for enforcing Subpart 217-3. Counties and municipalities may adopt stricter laws of their own, and the state rule does not apply to watercraft or locomotives.

DEC directs idling reports to the 24/7 ECO Dispatch center at 1-844-DEC-ECOS (1-844-332-3267), or to an ECO for your region from DEC’s officer roster. Questions about the regulation itself go to idling@dec.ny.gov or the DEC regional office. DEC does not publish a checklist of what to include, so note the location, time, how long the engine ran, the plate and any company name on the truck.

Schools and school buses

Education Law §3637 and the Commissioner’s regulation at 8 NYCRR §156.3(i) require each school district to make sure drivers of its school buses and district-owned, leased or contracted vehicles turn the engine off while waiting for passengers to board or leave on school grounds, and while parked or standing on school grounds or in front of or next to any school. Idling is allowed only as needed for mechanical work, to keep a safe or comfortable temperature for passengers, or for emergency evacuations and wheelchair lifts. Drivers must also shut the engine off during sporting and other events. Section 3637 is scheduled to be repealed June 30, 2029.

Local rules in New York (statewide)

• Yonkers: No motor vehicle other than an authorized emergency vehicle may idle longer than three minutes while parking, standing or stopping, unless the engine runs a loading, unloading or processing device. When it is above 40°F, a bus may not idle at all while parked, standing or stopped at a terminal point on an established route. The penalty section (§109-160) has no separate idling line: it sets $50 for “all other parking violations,” and for chapter violations outside the Parking Violations Bureau with no stated penalty, a fine up to $250 or up to 10 days in jail. (Yonkers City Code §109-88; §109-160(A), (B))

History

The Department of State’s online NYCRR shows Subpart 217-3 as current through December 15, 2022, with no history note displayed. The school-bus regulation applies to vendor contracts entered into on or after August 21, 2008 (8 NYCRR §156.3(i)(6)).

Reporting in New York (statewide) is unpaid. The only program that pays complainants is New York City's.