1. (1) A person commits the offense of unlawfully idling the primary engine of a commercial vehicle if the person is operating a commercial vehicle and the person:

   1. (a) Stops the commercial vehicle; and
   2. (b) Allows the engine of the commercial vehicle to idle for more than five minutes in any continuous 60-minute period.

2. (2) For purposes of this section, a person is not idling a primary engine if the person:

   1. (a) Operates an auxiliary power unit, generator set or other idle reduction technology as a means to heat, air condition or provide electrical power.
   2. (b) Operates a cargo temperature control unit to maintain the cargo.
3. (3) A citation issued under this section may be issued to the person operating the commercial vehicle, the motor carrier as defined in ORS 825.005, or both.
4. (4) The offense described in this section, unlawfully idling the primary engine of a commercial vehicle, applies on any premises open to the public.
5. (5) The offense described in this section, unlawfully idling the primary engine of a commercial vehicle, is a Class C traffic violation.

Note: See note under 825.601.

[2011 c.349 §4]