AGENCY TESTIMONY
Issues with the current air code and enforcement
0:26:55
·
91 sec
Commissioner Aggarwala outlines several issues with the current air code that hinder effective enforcement of idling violations.
- Highlights imprecise or conflicting provisions in the air code that lead to case dismissals
- Points out specific problems:
- Only vehicles with commercial plates are subject to the program, encouraging owners not to get commercial plates
- Obscured or altered license plates are a valid defense, encouraging plate tampering
- Only one summons allowed per vehicle per day in the same location
- Fines increase for repeat offenses only on the same vehicle, not across a fleet
- No upper temperature limit for when vehicles can idle for heat or cooling
- Suggests using the proposed bills to resolve these issues and make the law clearer and easier to enforce
Rohit T. Aggarwala
0:26:55
Another problem is that the error code includes provisions that are imprecise or in conflict.
0:27:00
As a result, when an oath judge identifies a point where the law is vague or contradictory, a case is often dismissed.
0:27:09
Many of the weak aspects of the law have only become clear as increased enforcement has brought enforcement has brought more varieties of circumstances.
0:27:18
The bills being heard today are an opportunity to address these issues and strengthen the law.
0:27:24
Issues include only vehicles with commercial plates are subject to the program, but many vehicles in commercial use do not have commercial plates.
0:27:33
Thus, the law today discourages owners from getting the commercial plates they should have.
0:27:38
Obscured or altered license plates are a valid defense according to oath rulings against a complaint.
0:27:47
Thus, the law today encourages drivers and owners to obscure or tamper with their license plates.
0:27:53
Only one summons is allowed per vehicle per day in the same location, even hours apart.
0:28:00
The fines increased for a second and third violation, but only on the same vehicle, not for multiple offenses from vehicles in the same fleet.
0:28:08
And there is no upper temperature limit dictating when a vehicle can idle for heat or cooling.
0:28:14
In practice, this has meant under ALJ rulings that school buses can idle without limit by arguing that they were simply running the engine to manage internal air features, even adjacent to a school.
