Texas idling law: the 5-minute rule

What the law says

No person shall cause, suffer, allow, or permit the primary propulsion engine of a motor vehicle to idle for more than five consecutive minutes when the motor vehicle, as defined in §114.510 of this title (relating to Definitions), is not in motion.

30 TAC §114.512 (text read on the Cornell LII mirror)

Who and what it covers

The rule reaches gasoline and diesel primary propulsion engines in vehicles with four or more wheels that must be registered in Texas, but §114.517(1) exempts anything with a GVWR of 14,000 lbs or less, so in practice it covers heavy trucks and buses. The limit is 5 consecutive minutes and, since 2011, applies year-round (it used to run April 1 to October 31). It has no force outside the MOA jurisdictions (§114.511).

Exemptions

• Vehicles with a GVWR of 14,000 lbs or less (§114.517(1))
• Heavier vehicles with a 2008 or newer heavy-duty diesel, LNG or CNG engine certified to emit no more than 30 g/hr NOx at idle (§114.517(2))
• Stuck in traffic the operator cannot control (§114.517(4))
• Military, National Guard, reserve, emergency and law-enforcement vehicles (§114.517(5))
• Engine powering mechanical operations other than propulsion, or passenger compartment heating or air conditioning (§114.517(6))
• Maintenance or diagnostics, or solely defrosting a windshield (§114.517(7), (8))
• Commercial or public passenger transportation and transit vehicles heating or cooling passengers: up to 30 minutes (§114.517(9))
• Heat or air conditioning for armored-vehicle guards, and for workers doing roadway construction or maintenance (§114.517(3), (10))
• Airport ground support equipment, and the owner of a vehicle rented or leased to someone who is not its employee (§114.517(11), (12))
• Sleeper berth during a government-mandated rest period, but only if not within two miles of an available external heating and air conditioning hookup (§114.517(13))

Penalties

The TCEQ rule contains no fine; penalties come from the enforcing local government’s own ordinance, so they differ by place. Houston’s ordinance makes a violation an offense punishable by a fine of not less than $500 nor more than $1,000 for each violation, with each day a separate offense (Houston Code §21-304(a)). Since 2011, state law also bars TCEQ from limiting idling of any vehicle over 8,500 lbs GVWR with a 2008 or newer engine certified to emit no more than 30 grams of NOx per hour at idle (Health and Safety Code §382.0191).

Who enforces it, and how to report

Only local governments that have signed an MOA with TCEQ can enforce the rule (30 TAC §114.511). TCEQ maintains the rule and the MOA template; its Air Quality Division contact is Michael Regan, 512-239-2988.

In North Texas, the North Central Texas Council of Governments takes anonymous idling reports through its Engine Off North Texas complaint form or toll-free at 1-877-NTX-IDLE (1-877-689-4353). Reports must be made within 30 days of the sighting; the vehicle’s registered owner gets a letter, not a citation, and aggregate data may be shared with cities and police to find idling hot spots. Elsewhere, report to the city or county on TCEQ’s MOA list where you saw the vehicle.

Local rules in Texas

• Houston: Owners or operators may not let a vehicle over 14,000 lbs GVWR idle more than five consecutive minutes when not in motion anywhere in city limits; fine of not less than $500 nor more than $1,000 per violation, each day a separate offense. The definition excludes vehicles being actively loaded or unloaded and METRO vehicles used for public health and safety. (Houston Code of Ordinances ch. 21, art. X, §§21-301 to 21-304 (Ord. No. 2015-1086, Nov. 4, 2015))

History

Effective December 9, 2004, and amended in 2006, 2008, 2011 and 2012 (30 TAC §114.517 source note). The 2011 revision made enforcement year-round instead of April through October and added an armored-vehicle exemption; the 2012 revision added the clean-idle engine exemption. The Legislature enacted Health and Safety Code §382.0191 in 2011 (S.B. 493).

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