Cracking Down on Idling: A Primer for Canadian Municipalities on Developing and Enforcing Idling Control Bylaws

Transcription

1 Cracking Dwn n Idling: A Primer fr Canadian Municipalities n Develping and Enfrcing Idling Cntrl Bylaws September 2005 Reprt prepared fr Natural Resurces Canada and The Greater Trnt Area Clean Air Cuncil 0

2 Principal Researcher and Authr: Jennifer Penney, ScD, Senir Researcher, Clean Air Partnership Editrs: Stephanie Lane, Manager, Clean Air Partnership Eva Ligeti, Executive Directr, Clean Air Partnership Victria Orsbrne, Prgram Manager, Persnal Vehicle Initiative, Natural Resurces Canada Idling By-law Wrking Grup Members: Dave Dilks, Lura Cnsulting Jean-Luis Gaudet, Lura Cnsulting Stephanie Lane, Clean Air Partnership Eva Ligeti, Clean Air Partnership Jennifer Penney, Clean Air Partnership Victria Orsbrne, Natural Resurces Canada Catherine Ray, Natural Resurces Canada Cntributrs t the Infrmatin in this Reprt Kiran Ghai, Regin f Peel Christpher Mrgan, City f Trnt Gary Murray, Natural Resurces Canada David Rewade, Regin f Waterl Pat Ryan, City f Vancuver Vanita Sahni, City f Trnt Shelina Sidi, Greater Vancuver Reginal District Fleur Strace-Hgan, City f Burlingtn Franca Ursitti, City f Trnt William Wiles, Twn f Markham (See als Appendix A: Individuals Cnsulted fr this Research) CAP wuld like t thank Natural Resurces Canada fr its generus funding f this wrk, the members f Greater Trnt Area Clean Air Cuncil fr their financial supprt, as well as their time and thughtful reflectins n this material, and the Trnt Atmspheric Fund fr its nging financial supprt. Clean Air Partnership, 2005 Fr mre infrmatin, cntact: Clean Air Partnership 75 Elizabeth Street Trnt, Ontari M5G 1P4 Canada cap@cleanairpartnership.rg 0

3 TABLE OF CONTENTS 1 INTRODUCTION EXISTING IDLING CONTROL BY-LAWS IN CANADA STAND-ALONE BY-LAWS ANTI-IDLING PROVISIONS IN NOISE AND OTHER BY-LAWS BEST PRACTICES STRATEGIC CONSIDERATIONS SUMMARY A MODEL IDLING CONTROL BY-LAW WEAKNESSES OF EXISTING BY-LAWS MODEL IDLING CONTROL BY-LAW PROVISIONS EFFECTIVE ENFORCEMENT FOR IDLING CONTROL BY- LAWS WHY ENFORCE IDLING CONTROL BY-LAWS? ELEMENTS OF AN EFFECTIVE ENFORCEMENT STRATEGY ENFORCEMENT PLANNING AND IMPLEMENTATION LEGAL ACTION TO COMPEL COMPLIANCE EVALUATING ENFORCEMENT PROGRAMS SUMMARY CONCLUSIONS...36 APPENDIX A: INDIVIDUALS CONSULTED FOR THIS RESEARCH...37 APPENDIX B: TABLES SUMMARIZING KEY FEATURES OF EXISTING IDLING CONTROL BY-LAWS...43

4 1 INTRODUCTION Canadians have becme steadily mre cncerned abut air pllutin and climate change during the past decade. Highly visible plluters including idling vehicles have becme the targets f citizen cmplaints. Many municipalities, especially in regins that suffer frm frequent smg episdes, have adpted plicies and prgrams t address these cncerns. Amng these initiatives are by-laws that target vehicle engine idling. The first stand-alne idling cntrl by-law was passed by the City f Trnt in 1996, althugh anti-idling prvisins were previusly written int nise, nuisance and parking by-laws f sme municipalities. Since the Trnt by-law was passed, mre than a dzen ther Ontari municipalities have adpted idling cntrl by-laws, and several mre are in preparatin. The Greater Vancuver Reginal District has als prepared a mdel idling cntrl by-law that is nw under cnsideratin by several municipalities in the Vancuver area. There is nw enugh experience with municipal idling cntrl by-laws t evaluate existing by-laws, identify enfrcement issues, and t recmmend specific prvisins and enfrcement practices that culd increase their impact. This reprt addresses these issues. It is written in three majr sectins. The first is an analysis and assessment f existing idling cntrl by-laws in Canada. The secnd is a mdel idling cntrl by-law, designed t build n the strengths and reduce the weaknesses f existing by-laws. The third sectin utlines issues related t the enfrcement f idling cntrl by-laws, and makes recmmendatins fr mre effective enfrcement prgrams. This reprt is the result f a cllabrative effrt amng the Clean Air Partnership (CAP), Natural Resurces Canada (NRCan) and the Greater Trnt Area Clean Air Cuncil, with cnsulting services prvided by Lura Cnsulting. Infrmatin fr the reprt was gathered in several ways: Review f extensive files cllected by the Clean Air Partnership frm previus idle-free initiatives; A survey f members f the Greater Trnt Area Clean Air Cuncil (GTA-CAC), t determine if they had adpted, r were planning t adpt, idling cntrl bylaws, and asking that cpies f any such by-laws be frwarded t CAP; Cnsultatins with Fleur Strace-Hgan f the City f Burlingtn and Kiran Ghai f the Regin f Peel, n infrmatin they had already cllected n idling cntrl by-laws in Ontari, and with Shelina Sidi, n the develpment and applicatin f a mdel by-law fr the Greater Vancuver Reginal District; Internet searches t identify municipalities utside the GTA that have adpted idling cntrl by-laws, and t dwnlad cpies f the by-laws and related reprts and cmmentaries; Examinatin f technical infrmatin available frm Envirnment Canada and NRCan; and Interviews with representatives fr all municipalities with by-laws, t get infrmatin n the develpment and applicatin f the by-laws, enfrcement practices and related educatin activities in their cmmunities. Municipal cntacts are listed in Appendix A. 1

5 2 EXISTING IDLING CONTROL BY-LAWS IN CANADA Varius types f anti-idling prvisins have been written int municipal by-laws fr at least three decades. The City f Mntreal passed an air quality by-law in 1970 that prhibited vehicles frm idling mre than fur minutes if they were parked less than 60 metres frm an pening f a building. The Twn f Caledn first included anti-idling prvisins in a nise by-law, in Several ther municipalities included anti-idling prvisins in nise by-laws in subsequent years. The intent f anti-idling prvisins in nise by-laws is primarily t prevent disturbance frm nisy vehicles idling in, r near, residential areas, rather than t reduce nxius air emissins. A few municipalities have develped anti-idling prvisins in nuisance r parking by-laws as well. The first stand-alne idling cntrl by-law was passed by the City f Trnt in 1996, after several years f discussin and negtiatin amng City pliticians, staff and the public. Mst idling cntrl by-laws that have since been passed are very similar t the Caledn r Trnt by-laws, thugh the newer by-laws cntain many variatins in the applicatin and wrding. Currently, mre than 20 Ontari municipalities have either stand-alne idling cntrl bylaws, r anti-idling prvisins in ther by-laws. Apprximately tw-thirds f these by-laws have been passed recently. Our research fund n municipalities utside Ontari that have stand-alne by-laws, thugh many have anti-idling prvisins in ther by-laws and have munted effective idle-free campaigns r d substantial wrk n utreach and educatin in their cmmunities. In 2004, the Greater Vancuver Reginal District finalized a mdel idling cntrl by-law and recmmended its adptin by municipalities in the Greater Vancuver area. At the time f writing, the City f Vancuver is cnsidering adptin f this mdel by-law. 1 Furteen municipalities in suthern Ontari nw have idling cntrl by-laws, including six in the Greater Trnt Area. At least eight ther municipalities including Markham, Newmarket, Oshawa, the City f Nrth Vancuver, Vancuver, Welland and Whitby have plans t pass stand-alne by-laws in the near future. At least 12 cmmunities in Ontari and B.C. have anti-idling prvisins in ther by-laws. Individual citizens and lcal envirnmental rganizatins have encuraged several ther municipalities t cnsider and implement such by-laws. Sme municipal cuncils including Bramptn, Whitehrse, Burnaby and New Westminster have cnsidered passing idling cntrl by-laws, but decided against a regulatry apprach largely n the grunds that the by-laws are difficult t enfrce. 1 This by-law is als similar t the Trnt by-law, thugh it has eliminated several exemptins cntained in the Trnt law. 2

6 2.1 STAND-ALONE BY-LAWS Municipalities with Stand-alne By-laws At the time f writing, 15 municipalities, all f them in Ontari, have passed stand-alne idling cntrl by-laws. These include: Burlingtn, Guelph, Huntsville, Kingstn, Lndn, Markham, Niagara Falls, Oakville, Pickering, Stratfrd, Trnt, Vaughan, Whitchurch/Stuffville, Windsr and Wdstck Features f Existing Stand-alne By-laws Typically, stand-alne by-laws cntain the fllwing: Legal basis f the by-law. Each prvince and territry has enabling legislatin that grants authrity t municipalities t regulate with respect t nuisances, health, safety and well being f the inhabitants f a cmmunity, and this legislatin is cited in the by-law. Ratinale fr the by-law, usually setting ut cncerns abut air pllutin frm vehicle emissins and their adverse health effects. Recently, sme jurisdictins have added t the ratinale the gal f reducing greenhuse gas emissins. Definitins f terms such as idling, layver, mbile wrkshp, stpver, transit vehicle, vehicle, and thers. General prvisins f the by-law, that set ut the time beynd which vehicles are nt allwed t idle. Typically, municipalities set a 3- r 5-minute limit. Sme municipalities als specify areas f the cmmunity where idling is prhibited usually residential areas. Three municipalities Kingstn, Trnt and Windsr prhibit the idling f bats as well as mtr vehicles. Exemptins frm the by-law. Mst recent by-laws have a large number f exemptins frm the prhibitin against idling. The fllwing are typically exempted frm the idling prvisins, except where idling is substantially fr the cnvenience f the peratr: Fire, plice and medical service vehicles Vehicles participating in emergency activity Vehicles stuck in traffic Ht (+27 C) r cld (-5 C) weather cnditins Passengers with a medical letter certifying their need fr cntrlled temperature r humidity Mbile wrkshps with equipment pwered by the mtr, during the curse f their wrk Where idling is necessary fr maintenance r repair f the vehicle Transit vehicles while passengers are embarking r disembarking Transit vehicles at a layver r stpver with passengers n bard Vehicles in a parade r ther event authrized by the cmmunity Armured vehicles. 3

7 Administrative and Enfrcement Prvisins. This sectin indicates that a persn wh cntravenes the by-law is guilty f an ffence and is liable t a penalty as prvided fr in the relevant enabling prvincial legislatin. Althugh many existing by-laws d nt specify the enfrcement agency, sme by-laws include a clause that identifies the agency r agencies respnsible fr enfrcement, fr example: By-law enfrcement Parking enfrcement Plice Public Health inspectrate (the City f Lndn is the nly municipality that has allcated enfrcement respnsibility t its public health department). Mst f the existing by-laws dn t specify a set fine fr cntravening the by-law, althugh abut half the municipalities with stand-alne by-laws d have set fines. T date, set fines vary frm a lw f $100 t a high f $380. Fr thse jurisdictins withut a set fine, the ffender must attend a curt hearing, where the maximum fine fr cnvictin may be much higher. These prvisins vary frm prvince t prvince (and any municipal legal department wuld be able t cite the relevant regulatins). The Ontari prvisins fr applying a set fine r issuing a summns which gvern all the existing stand-alne idling cntrl by-laws are utlined in the sidebar n the next page. Enactment. This sets ut the date when the by-law cmes int frce. Mst municipalities enact the by-law n the date it passes, but a few have delayed the date it cmes int frce in rder t infrm and educate the public first. Table 1 in Appendix B prvides a summary f the key features f 14 stand-alne idling cntrl by-laws in the Prvince f Ontari and the mdel by-law prpsed by the GVRD. 4

8 Idling cntrl By-laws and the Ontari Prvincial Offences Act Ontari municipalities that enact an idling cntrl by-law, can enfrce it under the terms set ut by Part 1and Part 3 f the Prvincial Offences Act. Part 1 f the Prvincial Offences Act, Cmmencement f Prceedings by Certificate f Offence, allws a prvincial ffences fficer t issue a ticket certifying that an ffence has been cmmitted, and indicating the set fine fr the ffence, r t issue a summns. Only abut half f municipalities with idling cntrl by-laws have applied t the Attrney General fr a set fine. A ticket with a set fine allws the ffender t pay by mail, simplifies the enfrcement prcess, and reduces the csts assciated with administrative prceedings. T date, the set fines vary frm a lw f $100 t a high f $380. Fr thse jurisdictins withut a set fine, a summns is served and the ffender must attend a curt hearing, where the fine fr cnvictin may be up t $500. A Part 1 certificate f ffence must be served n the persn charged. Part 2 f the Act, Cmmencement f Prceedings fr Parking Infractins, allws fr ticketing a vehicle, rather than the ffending driver. This allws enfrcement fficers t leave a ticket n the windshield, rather than wait fr the driver t appear. Several enfrcement fficers cnsulted during this research suggested that Part 2 f the Act shuld be enlarged t include vehicle idling ffences, t make enfrcement easier. Hwever, Part 2 cannt currently be applied in the enfrcement f idling cntrl by-laws. Part 3 f the Act, Cmmencement f Prceedings by Infrmatin, allws Ontari municipalities t make a cmplaint t a Justice f the Peace n the basis f infrmatin frm witnesses (including enfrcement fficers). If the municipality chses this ptin, it makes a cmplaint t a Justice f the Peace, wh will issue a summns t the ffender t appear in curt and answer t the charge. A Part 3 summns may be issued if a vehicle drives ff while an enfrcement fficer is attempting t speak t a driver, r is writing a ticket. This prvisin allws fr a summns fr several ffences, and prvides a fine f up t $ ANTI-IDLING PROVISIONS IN NOISE AND OTHER BY-LAWS Municipalities with Idling Prvisins in Other By-laws Anti-idling prvisins are smetimes incrprated in municipal nise by-laws r ther bylaws. Bramptn, fr instance, has an anti-idling prvisin in its Traffic and Parking Bylaw. At least eight ther Ontari municipalities have anti-idling prvisins in their nise by-laws, and sme municipalities in B.C. have prvisins in nuisance r ther by-laws. A few municipalities have bth stand-alne idling cntrl by-laws and anti-idling prvisins in nise by-laws. Accrding t several municipal enfrcement fficers cnsulted fr this reprt, the anti-idling prvisins in nise by-laws are as a result f nise cmplaints abut vehicle idling, rather than cncerns abut vehicle emissins and air pllutin. Hwever, these by-laws might still be used t restrict unnecessary vehicle idling based n emissins cncerns. 5

9 The municipalities which have anti-idling prvisins in nise, nuisance r ther by-laws include: Bramptn, Caledn, Kingstn, Mntreal, Markham, Nanaim, Newmarket, District f Nrth Vancuver, Ottawa, Richmnd Hill, Vancuver and Victria Typical Features f Idling Prvisins in Nise, Nuisance and Other By-laws Because nise is the driving frce behind these anti-idling prvisins, they differ in many ways frm stand-alne by-laws. These by-laws usually cntain the fllwing features: Legal basis f the by-law. In Ontari, the legal authrity fr nise by-laws passed after 2001 is Sectin 129 f the Municipal Act, which authrizes lcal cuncils t regulate and prhibit with respect t nise. Ratinale f the by-law. This is usually t secure an envirnment free frm nise and vibratin that may degrade the quality f life r create a nuisance. Definitins f terms such as authrized emergency vehicle, cnveyance, highway, nise, residential area, sund, etc. General Prvisins, which prhibit the emissin f sunds resulting frm specific acts listed in the by-law. The applicatin f the by-law is ften restricted t certain lcatins and/r certain perids f time. Typically, idling is prhibited fr mre than 5 minutes. In several municipalities, idling prvisins nly apply in residential areas r quiet znes. Exemptins frm the by-law. The fllwing idling situatins are frequently included as exemptins fr anti-idling prvisins in nise by-laws: Vehicle is in an enclsed structure Cntinuus peratin is essential t the basic functin f the vehicle r equipment Equipment manufacturer recmmends lnger idling perids Weather cnditins justify the use f heating r cling systems fr the welfare f passengers, animals r carg Lw temperatures require idling after start-up Idling is fr the purpses f flushing the radiatr (where the wrk is perfrmed ther than fr prfit). Administrative and Enfrcement Prvisins. Nise by-laws are administered and enfrced by the by-law enfrcement department and fficers. Few nise by-laws have set fines, and s enfrcement usually requires issuing a summns and a curt appearance. The key features f nise and ther by-laws with anti-idling prvisins are summarized in Table 2 in Appendix B. 6

10 2.3 BEST PRACTICES Situating Idling cntrl By-laws within a Clean Air Plan Several municipalities have develped idling cntrl by-laws as part f mre cmprehensive clean air strategies t address air quality cncerns as well as climate change. These brad-based clean air strategies can include sme r all f the fllwing elements: Envirnmental purchasing plicies Green fleets plicies Emplyee trip reductin prgrams Imprvements t public transit Land-use planning t reduce sprawl and supprt transit, walking and cycling Energy-efficiency and energy cnservatin strategies Green pwer prgrams Activities t reduce the urban heat island effect including greenspace enhancement By-laws as Part f a Cmprehensive Anti-idling Plicy In several municipalities, an idling cntrl by-law is ne part f a cnsistent and cmprehensive apprach t reducing unnecessary vehicle engine idling. A cmprehensive apprach, in place in several jurisdictins, includes the fllwing elements: Internal anti-idling fleet plicies, t ensure that the municipality gets its wn huse in rder, and t deflect cmplaints frm the public when a brader idle-free campaign is launched r municipal idling cntrl by-law passed and enfrced. Internal anti-idling prgrams can invlve: General educatin f municipal staff thrugh newsletters, , payrll reminders, educatin sessins, cntests and prizes fr putting idle-free decals n vehicles, etc.; Incrprating idle-free infrmatin in driver training manuals and rientatin sessins, with peridic updates and reminders; Installatin in fleet vehicles f data recrders that mnitr idling and fuel efficiency, amng ther factrs; Installatin f idle-limiting devices in fleet vehicles and equipment; and/r Participatin in anti-idling fleet challenges t mtivate staff and demnstrate the cmmitment f the municipality t being idle free. Onging idle-free educatin and awareness campaign fr the general public, which may include: Idle-free media events and messages, especially at the start f smg seasn each year; 2 Fr mre detail abut develping a cmprehensive clean air plan see: Clean Air Partnership, A Mdel Clean Air Plan fr the Living City. 7

11 Making idle-free infrmatin cards available fr interested grups and venues, including schls, businesses, municipal buildings and staff; Setting up and staffing idle-free displays at libraries, shpping centres, and ther high-traffic lcatins; Making presentatins t cmmunity grups and private fleets; Implementing idle-free znes in areas prne t frequent vehicle idling; and/r A cmmunity-based scial marketing apprach at idling htspts t persuade drivers t change their behaviur. An idling cntrl by-law, with a clear enfrcement strategy ptentially including: A cmmunicatins strategy, including annuncements prir t enacting the by-law; Signage at municipal buildings and in idling ht spts ; Dedicated enfrcement respnsibility; Training f enfrcement fficers; A clear prcedure t fllw up cmplaints, pssibly including dedicated phne line if numbers f cmplaints warrant; Agreement with the prvince (the Ministry f Transprtatin in Ontari) t supply wner infrmatin fr the licence plate numbers f ffending vehicles; Request t the prvince t prvide a set fine fr the idling ffence (which creates an effective deterrent, makes ticketing easier, and helps the municipality avid time-cnsuming curt appearances); and/r Enfrcement campaigns, which may invlve handing ut mck tickets and/r infrmatin cards, warning letters, tickets r summnses t idling drivers. 2.4 STRATEGIC CONSIDERATIONS Municipal representatives cnsulted fr this study identified tw main areas f ptential difficulty in the develpment and implementatin f idling cntrl by-laws, including: Specific prvisins and exemptins in the by-law; and Enfrcement administratin and resurces. Other strategic cnsideratins that shuld be taken int cnsideratin by municipalities cnsidering develpment f an idling cntrl by-law include: Type f by-law (stand-alne idling cntrl by-law versus anti-idling prvisins in anther by-law); Penalties; and Evaluatin f the impact f the by-law Issues in the Prvisins f Idling cntrl By-laws T date, stand-alne idling cntrl by-laws in Canada have been mdelled after the versin adpted by Trnt in This by-law limits idling t 3 minutes in a 60-minute 8

12 perid, and is characterized by a large numbers f exemptins. All the by-laws passed since 1996 have cntained mst f the exemptins that Trnt first prpsed. Hwever, several municipalities have lengthened the allwable idling time in their bylaws t 5 minutes and in ne case, t 10 minutes. The City f Trnt is currently revisiting their by-law with a view t strengthening it. In the curse f this research, by-law enfrcement fficers and envirnmental staff in a number f municipalities identified several prblematic prvisins f the existing by-laws, including: Incnsistent Prvisins frm Municipality t Municipality. Persnnel frm several municipalities in the Greater Trnt Area cmmented n the incnsistency f by-laws amng neighburing municipalities and the difficulties that drivers have in knwing what the rules are and at what arbitrary place n the map these rules change. Mre cnsistent by-laws acrss regins, and similar enfrcement practices and penalties wuld increase the impact and effectiveness f idling cntrl by-laws. Large Number f Exemptins in the By-laws. The exemptins in the Trnt by-law were the result f a significant prcess f public cnsultatin. At the time f enactment, each exemptin had a ratinal justificatin. Hwever, in practice, the large number f exemptins results in a very uneven applicatin f the by-law and excuses many highly visible vehicles frm the requirement t reduce idling. This limits the impact f the by-law n reducing emissins. It als creates a feeling amng sme citizens that the law is unfair, because it is nt applied t all idling vehicles. 3 Temperature Exemptins. The Trnt by-law, and several thers exempt vehicles frm idling limits where the inside temperature f the vehicle is abve 27 C r belw 5 C. At least six by-laws passed in recent years prvide an exemptin when the utside temperature is abve 27 C r belw 5 C. Three jurisdictins have dne away with the temperature exemptin altgether, and the mdel by-law prpsed by the GVRD makes n mentin f a temperature exemptin. 4 Markham s by-law prvides fr an exemptin when the temperature is belw 0 C r abve 30 C. The temperature exemptins create several prblems. First, enfrcement persnnel pint ut that it is almst impssible fr a by-law fficer t determine the inside temperature f a vehicle. It is pssible t determine the utside temperature, but the utside temperature exemptin still requires an enfrcement fficer t check the temperature during the time f the idling ffence, which cmplicates enfrcement. Smg days ften ccur when the temperature is abve 27 C and s the idling cntrl by-law cannt be enfrced n the days when it wuld be mst imprtant t d s fr air quality purpses. 5 3 One by-law enfrcement fficer cnsulted in this research revealed that enfrcement fficers can spend cnsiderable time explaining t cmplainants that they are unable t enfrce the law in particular cases because the idling vehicle f cncern is exempt frm the by-law. 4 The authr f the GVRD mdel by-law tld us that the mderate climate f the area made it easier t leave ut the temperature exemptin. 5 Trnt Public Health staff recently analyzed data n temperature and smg days in the city. They fund that between 1993 and 2004, 22.4% f days with a mean temperature equal t r greater than 27ºC were als smg days. (Persnal cmmunicatin.) 9

13 Extended Idling Times fr Transit Vehicles n Layver r Stpver. Typically, transit vehicles are allwed t idle fr 10 r 15 minutes while n a layver r stpver. Sme by-laws limit this idling t times when passengers are n the bus. Others prhibit this idling when it is substantially fr the cnvenience f the peratr, which may be difficult t determine. Dieselpwered transit vehicles can cnsume large amunts f fuel when idling, and create significant exhaust emissins. Idling time allwed. Much f the literature currently prmting idling cntrl behaviur suggests that a car shuld idle fr n mre than 10 secnds. Yet existing by-laws allw idling by the general public fr three, five, and in sme instances, ten minutes, and allw transit vehicles t idle fr ten r fifteen minutes. Incnsistent Idling Prvisins in Idling cntrl and Nise By-laws. A few jurisdictins have a stand-alne by-law as well as anti-idling prvisins in a nise r ther by-law. In at least tw municipalities, the prvisins differ in respect t the amunt f time the idling is allwed with 3 minutes allwed in the idling cntrl by-law versus 5 minutes in the nise by-law. This culd result in difficulties enfrcing the shrter time limit Enfrcement Issues Many f the idling cntrl by-law prvisins described abve have an impact n enfrcement. There are a number f additinal issues related t enfrcement that als arise in mst municipalities with idling cntrl by-laws. There are several ways in which municipalities culd chse t enfrce idling cntrl bylaws. These include: Cmplaints-based enfrcement, usually initiated by telephne calls frm the public, making a cmplaint abut a ne-time r chrnic idling prblem; Enfrcement blitzes, during which enfrcement fficers undertake an enfrcement campaign designed t get media and public attentin fr the by-law and t alert the public t the willingness f the municipality t enfrce it; Onging practive enfrcement, in which enfrcement fficers enfrce n an nging basis; r A mix f the abve. 6 Mst municipalities with idling cntrl by-laws take a cmplaints-based apprach t enfrcement. Typically, this invlves taking a cmplaint ver the telephne, and if the reprted idling appears nt t be cvered by an exemptin, sending ut an enfrcement fficer. There is usually a lag time between cmplaint and respnse due t shrtages f staff r ther enfrcement pririties. If the idling driver is still n the scene, then the fficer will usually talk t them abut the by-law, but nt issue a ticket r summns n a 6 Mre infrmatin n enfrcement issues related t anti-idling by-laws is available in Sectin 4 f this reprt. 10

14 first cmplaint. If, as is mre likely, the idling driver has mved n r turned ff the vehicle engine, then the fficer may cllect further infrmatin frm the cmplainant, and may send ut a warning letter, if the idling driver is knwn r a licence plate number has been recrded and if the municipality has an agreement with the prvince t supply the wner s name and address. Frm the infrmatin cllected fr this reprt, it appears that n municipalities have cmmitted t an nging, pr-active enfrcement strategy f seeking ut ffenders and issuing fines r summnses. T date, a number f municipalities with idling cntrl bylaws have issued n fines r summnses t enfrce the law. Althugh ne municipality has cnducted three time-limited enfrcement campaigns since 1999, it has been reluctant t repeat the effrt. Many reasns are given fr the reluctance f municipalities t actively enfrce idling cntrl by-laws, including the fllwing: A number f municipalities regard the by-law tgether with signage and general public infrmatin n the prblems f idling as a sufficient deterrent t idling behaviurs, and d nt regard active enfrcement as necessary r desirable. By-law enfrcement departments are stretched thin and n new staff resurces have been allcated t these departments fllwing passage f the bylaw. By-laws that address safety issues in the cmmunity have a higher pririty fr enfrcement staff. Enfrcement f idling cntrl by-laws as they are written is very timecnsuming. Where a by-law fficer sees a vehicle idling, he r she must wait several minutes befre issuing a ticket r summns. In municipalities withut a set fine, the enfrcement fficer must fllw a cumbersme prcedure fr issuing a summns, and then arrange t g t curt n the charge, all f which takes many wrking hurs fr what is perceived as a relatively minr ffence. When an enfrcement fficer ges t a lcatin identified by a cmplainant, the idling vehicle r vehicles have ften left the scene s direct bservatin f the idling is nt pssible and a ticket r summns may nt be issued. Drivers in idling vehicles are nt required by law t prduce identificatin fr by-law enfrcement fficers and may simply drive away when apprached by an fficer. Sme municipalities have nt initiated an agreement with the Ministry f Transprtatin t prvide the name and address f an idling vehicle s wner Type f By-law Previus discussin f idling cntrl by-laws has nt tended t distinguish between stand-alne by-laws and anti-idling prvisins in nise r nuisance by-laws. It is imprtant, hwever, t differentiate the tw. Anti-idling prvisins in nise r nuisance by-laws are designed t respnd t cncerns abut bthersme nise and vibratin, nt t reduce emissins. Fr this reasn, the prvisins and exemptins are different than 11

15 thse f stand-alne by-laws, and may nt achieve the emissin-reductin gals f the latter. In general, if the municipality desires t reduce emissins frm idling, it shuld develp a by-law geared t that purpse. Municipalities that have anti-idling prvisins in nise r ther by-laws, and are als planning t establish a stand-alne by-law because f emissins cncerns, shuld ensure that the requirements f the tw by-laws are cnsistent with ne anther, particularly with respect t allwable idling time. If a municipality is cncerned abut air pllutin and greenhuse gas emissins frm unnecessary vehicle idling, they shuld cnsider adpting a stand-alne idling cntrl by-law. Such a by-law makes a clear statement that the municipality cnsiders unnecessary idling t be unacceptable n health and envirnmental grunds, and prvides a penalty fr this behaviur Penalties Municipalities planning t adpt an idling cntrl by-law must cnsider whether t create a set fine fr ffences, r rely n the summns and administrative curt prcedures that are used fr enfrcing many ther municipal by-laws. Less than half f municipalities with idling cntrl by-laws currently have set fines althugh these wuld make enfrcement easier and less time-cnsuming. Prvincial ffences legislatin usually prvides fr maximum fines that are larger than set fines, but few judges actually apply the maximum. Anther cnsideratin related t the issue f set fines, is the size f the fine. Fr existing stand-alne by-laws, set fines vary frm $100 t $155. Sme municipalities currently planning t adpt new idling cntrl by-laws are cnsidering lwer fines t reduce public resistance t the by-law Evaluatin f By-law Effectiveness It is imprtant fr municipalities t evaluate the effectiveness f their idling cntrl by-law and enfrcement activities in achieving the gal f reducing unnecessary vehicle idling and emissins. Evaluatin prvides the infrmatin that wuld allw municipalities t amend the by-law r adjust enfrcement practices t make it mre effective. It wuld als prvide valuable infrmatin fr ther municipalities develping specific prvisins fr a new by-law. Hwever, relatively few municipalities actively track cmplaints, r warnings, fines r summnses issued in relatin t their idling cntrl by-laws. As a result, it is difficult t get a clear picture f the activities that result frm the passage f an idling cntrl bylaw, and even mre difficult t assess the impact that the by-law has had n cmmunity attitudes and behaviurs, r the pssible reductin in emissins that might result. There are several methds that a municipality can use t track and measure the effectiveness f their by-law in addressing idling activities as well as reducing idling behaviur. These include: 7 These issues are discussed in mre depth in Sectin 4 f this reprt. 12

16 Integratin f by-law actins/results int a database; Public pinin plling; Evaluatin f idling activities befre and after enactment f by-laws, r befre and after specific enfrcement activities. 2.5 SUMMARY In recent years, municipalities have passed increasing numbers f idling cntrl by-laws r ther by-laws with anti-idling prvisins. The stand-alne idling cntrl by-laws have been driven by cncerns abut air quality, smg and greenhuse gas emissins. Mst f the stand-alne by-laws have been mdelled n the Trnt by-law passed in There are a number f prblematic prvisins in many f these by-laws that cmplicate their applicatin and make enfrcement difficult. Virtually all municipalities have a cmplaints-based enfrcement prcess and mst take a sft apprach t enfrcement, issuing infrmatin and warnings rather than fines r summnses t ffending drivers. Educatin and enfrcement activities are nt by-and-large well tracked r evaluated. Cnsequently, it is difficult t knw what impact these by-laws have had n idling behaviurs. This analysis is an imprtant first stage in the wrk f the Clean Air Partnership with the cperatin and supprt f Natural Resurces Canada t develp a mdel idling cntrl by-law fr Canadian municipalities, and t prpse an effective strategy fr enfrcing idling cntrl by-laws. 13

17 3 A MODEL IDLING CONTROL BY-LAW The gal f this sectin is t prvide an effective mdel by-law that municipalities can use t curb idling in their cmmunities. 8 The mdel by-law was derived frm research that included: Cllectin and analysis f existing idling cntrl by-laws in Canada; Interviews with municipal staff respnsible fr develping, cmmunicating and enfrcing these by-laws; and Review f relevant technical and regulatry supprt dcumentatin. An effective law r by-law is designed t be enfrceable. Enfrceable by-laws have several features: A clearly stated purpse; Straightfrward and practical requirements; Cnsistency with the prvisins f ther by-laws; Penalties that are unambiguus, apprpriate t the level f harm assciated with the activity and significant enugh t deter nn-cmpliance; A designated enfrcement authrity with the ability t enfrce the by-law. 9 Assessed by these criteria, the existing Canadian idling cntrl by-laws have bth strengths and weaknesses. Mst f the idling cntrl by-laws have a clear purpse, thugh practical cnsideratins have resulted in a number f exemptins. Mst f the by-laws have identified a clear enfrcement authrity. Hwever, nly half have set fines that are relatively easy t administer. The fllwing prvides a mre detailed verview f the weaknesses and strengths f existing by-laws. 3.1 WEAKNESSES OF EXISTING BY-LAWS Several weaknesses in the prvisins f existing by-laws make enfrcement difficult, time-cnsuming r cstly. These include: Lengthy allwable idling perid; Allwed idling times fr transit vehicles n layver r stpver; Large number f exemptins; Temperature exemptins; Medical exemptins; and Absence f a set fine. 8 An anti-idling by-law is ne f a suite f measures that a municipality can take t reduce idling. Other imprtant measures include anti-idling fleet plicies, the creatin f idle-free znes with apprpriate signage, educatin and cmmunity-based scial marketing prgrams. 9 In additin t writing and passing a well-designed law, municipalities need t allcate resurces t enfrcement, and have a clear enfrcement strategy and prcedures. They als need t cmmunicate t their cnstituents the reasn fr and the requirements f the law. Ideally, the impact f the by-law and enfrcement activities n plluting behaviur shuld be evaluated peridically. These issues are dealt with in mre depth in Sectin 4. 14

18 3.1.1 Lengthy Allwable Idling Perid Canadian by-laws currently allw vehicles t idle anywhere frm three t in ne case 10 minutes. Enfrcement staff in several municipalities have expressed cncern abut the length f the allwable idling perid, because the lnger a by-law enfrcement fficer must wait and bserve an idling vehicle, the mre time-cnsuming and cstly the enfrcement. A reduced allwable idling perid wuld make idling cntrl by-laws easier t enfrce. A reduced idling perid wuld als meet the intent f many by-laws t reduce greenhuse gas emissins. A light-duty car with a warm engine that idles fr mre than 10 secnds burns mre fuel and emits mre greenhuse gases than shutting dwn the engine and starting it again. As a result, a number f municipal and crprate fleets have impsed 10-secnd limits n idling f fleet vehicles t cnserve fuel and reduce greenhuse gas emissins. Many municipalities als prmte a 10-secnd limit in vehicle engine idling literature and idle-free educatin prgrams. Shrter allwable idling times in idling cntrl by-laws wuld be cnsistent with these envirnmental plicies. The health grunds fr minimizing the allwable idling perid, hwever, are less straightfrward. Factrs such as the age f the vehicle, the type f engine (diesel r gasline), the catalytic cnverter and the utside temperature can all affect air pllutin emissins frm idling and determine when it is less plluting t idle a vehicle r t shut dwn the mtr and start up again later. In general, it is mre plluting t idle a vehicle t warm up the engine than t start driving after abut 30 secnds frm a cld start. Vehicle engines warm up fastest when a vehicle is being driven, s as lng as the windshields are clear, there is little reasn t idle n start-up. Use f a blck heater in very cld weather warms the engine befre starting and reduces pllutin even mre. Catalytic cnverters which reduce carbn mnxide and hydrcarbn emissins wrk best when warmed up. As a result, sme cmmentatrs suggest that vehicle idling will prduce fewer pllutants than shutting dwn the engine and starting up a little later. Hwever, idling vehicles circulate clant that in warmer weather may cl the engine and catalytic cnverter faster than turning it ff. And studies shw that in cld weather, a gasline engine that is shut ff fr a shrt perid (under 10 minutes) des nt cl dwn enugh t reduce the effectiveness f the catalytic cnverter. Hwever, in extreme cld a vehicle shut dwn fr a lnger perid (ver 30 minutes) wuld have increased pllutant emissins when it is restarted. Unlike gasline-pwered vehicles, mst diesel vehicles need a few minutes t warm up the engine at the start f a shift. Diesel vehicles can use a variety f anti-idling devices t reduce the need fr idling t warm up the engine, cl the vehicle r run auxiliary equipment when stpped, hwever. 10 All this makes it mre difficult t specify an ptimum idling cut-ff time fr all vehicles n the basis f pllutant emissins. When a municipality chses an allwable idling perid, 10 Fr a descriptin f sme f these ptins see A Mdel Idling Cntrl Prgram fr Municipal Fleets n the CAP website at 15

19 it must balance these issues f enfrceability, climate change, pllutant emissins and health cncerns Extended Idling fr Transit Vehicles Mst existing anti-idling by-laws allw transit vehicles t idle fr 10 r even 15 minutes n layver r stpver, except where idling is substantially fr the cnvenience f the peratr. This is usually justified n the grunds f prviding a cmfrtable envirnment fr passengers. Hwever, a 10- r 15-minute allwable idling perid makes enfrcement prblematic. Transit vehicles are f particular cncern because diesel vehicles especially thse with lder r prly maintained engines are particularly dirty when idling, emitting particulates as well as greenhuse gases and ther pllutants. Emissins frm idling buses can becme prblematic in bus terminals r ther partially enclsed areas. In respnse t this cncern, the Greater Vancuver Reginal District in 2004 prpsed a mdel by-law that allws transit vehicles t idle lnger than 3 minutes nly when passengers are embarking r disembarking. N municipality has adpted this prvisin t date Large Numbers f Exemptins Mst f the existing by-laws have between 10 and 12 exemptins that allw vehicles t idle beynd the prescribed 3- r 5-minute limits. While mst f the exemptins are reasnable when examined individually, the effect f having a large number f exemptins is t create a patchwrk law that is unevenly applied t sme vehicles in sme circumstances. Sme enfrcement fficers reprt that this frustrates citizens wh call t lay a cmplaint abut idling vehicles in their cmmunities, nly t discver that the vehicles are exempted frm the prvisins f the by-law fr ne reasn r anther. Municipalities that wish t make their by-laws mre credible and enfrceable shuld cnsider reducing the number f exemptins. A number f vehicles such as plice, fire, ambulance, vehicles attending an emergency (tw trucks), mbile wrkshps, and thers are currently exempted because f the need t pwer warning lights, cmputers, refrigeratin, air cnditining, heating, and ther devices. Hwever, auxiliary pwer units are nw available t prvide pwer fr many f these functins, and use much less fuel than an idling vehicle engine. There are als new technlgies such as LED (light-emitting dide) lights that require much less pwer, enabling them t be run frm the battery rather than an idling engine Temperature Exemptins Mst f the existing anti-idling by-laws exempt vehicles frm idling prhibitins when temperatures are higher than 27ºC r lwer than 5ºC, s that drivers can perate air cnditiners r heaters t maintain passenger cmfrt in the vehicle. Three municipalities exempt vehicles whse interir temperature is greater than 27ºC r less than 5ºC. The justificatin fr this is that a vehicle standing in a sunny lcatin might get quite ht inside even thugh the utside temperature is cler. Hwever, mst 16

20 municipalities that have adpted this exemptin, have applied it t the utside temperature rather than the temperature n the interir f the vehicle. This is because by-law enfrcement fficers d nt have the right t enter a vehicle t check the temperature, which makes the prvisin difficult t enfrce. Bth the inside and utside temperature exemptins allw fr unlimited idling fr a large part f the year in much f Canada. Perhaps even mre prblematic, allwing vehicles t idle when the temperature is abve 27ºC means that unlimited idling is permitted n mst smg days. Recgnizing these enfrcement prblems, the Greater Vancuver Reginal District did nt include a temperature exemptin in its mdel by-law published last year. 11 GVRD representatives acknwledge that weather cnditins in this area are mderate, which makes temperature exemptins less f a cncern. Still, ther municipalities wuld be wise t cnsider the prblems that the temperature exemptin raises fr enfrcement. The temperatures f 27ºC and 5ºC were prpsed during the develpment f the Trnt by-law, t allw vehicles t have air cnditiners r heaters perating when temperatures utside are high r lw. Temperature is nly ne f the factrs that determine cmfrt r health effects related t weather cnditins. Other factrs include: clthing, air mvement, clud cver, and humidity. Ideally, an exemptin aimed at the cmfrt and safety f idling drivers and their passengers wuld take int accunt several f these factrs. Practically, it is nt pssible. Canada s Humidex rating system cmbines tw imprtant factrs temperature and humidity. 12 When the temperature gets int the mid 20 s, high relative humidity can raise the Humidex abve 30ºC. Sedentary peple such as drivers and passengers in statinary vehicles, will start t experience sme discmfrt at a Humidex level f 30-39ºC, and feel much mre uncmfrtable at a rating f 40ºC and higher. Heat stress will generally nt ccur in sedentary persns until Humidex readings reach 46ºC. The lwest temperature at which this can ccur is 29ºC (with a relative humidity f 100 %). Using this infrmatin, municipalities wuld be justified in using a temperature exemptin f 29ºC r 30ºC t safeguard the health f peple in statinary vehicles against heat stress. 13 Several U.S. states and municipalities allw idling nly if the utside temperature is lwer than 32ºF. This wuld translate t a temperature exemptin f 0ºC if it were applied in Canadian jurisdictins. The Twn f Markham s recent idling by-law (June 2005) is the first t allw exemptins when the temperature is abve 30 C r belw 0 C. 11 The City f Guelph des nt have a temperature exemptin either, but it allws vehicles t idle fr 10 minutes. 12 If the hur-t-hur Humidex rating were readily available t enfrcement fficers, it wuld be a better index t include in an exemptin intended t safeguard the health f drivers and passengers in statinary vehicles. 13 Of curse, peple in statinary vehicles usually have the ptin t leave a vehicle and g t a mre cmfrtable lcatin, r in sme instances, simply t rll dwn the windws. 17

21 3.1.5 Exemptin fr Persns with a Medical Certificate Existing anti-idling by-laws include an exemptin fr vehicles transprting a persn where a medical dctr certifies in writing that the persn needs the temperature r humidity be maintained within a certain range. There is n evidence that in the nine years since this exemptin was first enacted in the City f Trnt by-law, and in similar by-laws passed later, that anyne has acquired r used such a letter t allw them t idle their vehicle. The Greater Vancuver Reginal District did nt include this exemptin in their mdel by-law Lack f a Set Fine By-laws with set fines are easier t enfrce. An enfrcement fficer can write a ticket fr an idling infractin, and the ffending driver in mst cases simply pays the fine in the same way they wuld a parking ticket, with the ptin t g t curt if they wish t cntest the charge. Since relatively few drivers cntest the charge, the enfrcement fficer needs nly the time required t bserve the idling vehicle fr a little lnger than the 3 r 5 minutes allwed by the by-law, and t write the ticket, with an ccasinal appearance in curt. In municipalities with a set fine, enfrcing an anti-idling by-law culd prduce revenue that supprts by-law enfrcement. Hwever, fewer than half f municipalities with anti-idling by-laws have set fines. In municipalities withut a set fine, an enfrcement fficer must write a summns, prepare a charge and then appear in curt, which can take an estimated 4-5 hurs fr each charge, and takes up the time f curt fficers as well as the enfrcement fficer. This can be a revenue drain n a municipality. It may als discurage enfrcement fficers wh may have the respnsibility t enfrce many by-laws frm enfrcing an anti-idling by-law because f the time requirements. 3.2 MODEL ANTI-IDLING BY-LAW PROVISIONS The mdel anti-idling by-law prpsed n the fllwing pages utlines the key prvisins that municipalities might cnsider in adpting a new by-law r revising an existing ne. It draws n the strengths f existing by-laws, and attempts t address sme f the weaknesses identified by municipal enfrcement fficials. In sme cases, the mdel bylaw suggests different ptins that municipalities might want t cnsider fr specific prvisins. T help municipalities in cnsidering the prvisins f a new r revised by-law, the mdel is first presented in a chart frm, with cmments n specific prvisins in a clumn n the right. The prpsed by-law is als presented as a stand-alne dcument in Sectin

22 Prvisins f a Mdel Anti-idling By-law Preamble Whereas Sectin [ ] f the [relevant prvincial act] authrizes municipalities t regulate with respect t [fill in the relevant wrding frm the Act which grants authrity fr the municipality t regulate n anti-idling and related issues]; And whereas mtr vehicles are surces f particulate matter, nitrgen xide, carbn mnxide, sulphur xide, vlatile rganic cmpunds and greenhuse gas emissins; And whereas air pllutin in the [City r Twn] f [Insert name f municipality] is assciated with adverse health effects; And whereas, the [City r Twn] f [Insert name] has cmmitted t reducing greenhuse gas emissins [list cmmitment, e.g. Partners fr Climate Prtectin]; Therefre the Cuncil f [Insert name] enacts the fllwing by-law: Cmments Preamble The preamble usually begins by citing the legal authrity fr the by-law, usually a prvincial act that grants t municipalities the right t regulate with respect t public health and welfare, and/r the prtectin f the envirnment. It als sets ut the ratinale fr the bylaw, usually related t cncerns abut air pllutin and climate change. Insert the name f yur municipality. Cities r twns that adpt a by-law as part f a larger cmmitment, such as jining Partners fr Climate Prtectin, culd refer t that cmmitment in this sectin. Insert the name f yur municipality. Shrt title (r Citatin) This by-law may be cited as the Idling Cntrl By-law Article 1 Definitins (r Interpretatin) Definitins (r Interpretatin) In this by-law: Bat means a ship r any ther descriptin f a vessel nt prpelled by ars and includes a bat used exclusively fr twing purpses, a water taxi and a bat used n water fr living purpses. Sme municipalities with a waterfrnt apply idling prhibitins t bats and t ferries, and s define them in this sectin f the by-law. Idle means the peratin f a vehicle engine while the vehicle is nt in mtin and idling has a crrespnding meaning. 19

23 Vehicle r Mtr Vehicle means any vehicle that is capable f being driven r drawn n rads by any means ther than muscular pwer exclusively, but des nt include any vehicle designed t run exclusively n rails. Vehicle with Pwer Take-ff means a vehicle cntaining wrk equipment that must be pwered by the vehicle engine. Sme municipalities include a larger number f definitins than are shwn here, including city, transit vehicle, layver, stpver, r by-law fficer depending n the specific cntents f the by-law. Mst municipal by-laws exempt vehicles referred t as mbile wrkshps frm idling restrictins. By mbile wrkshps they usually mean vehicles cntaining equipment pwered by the engine. Natural Resurces Canada has suggested that the term vehicle with pwer take-ff is mre apprpriate and s we are using that term here. Article 2: General Prhibitins Optin 1) N persn shall cause r permit a vehicle r bat engine t idle fr mre than ne minute in a 60-minute perid. Optin 2) N persn shall cause r permit a vehicle r bat engine t idle fr mre than three minutes in a 60-minute perid. General Prhibitins Mst idling cntrl by-laws currently restrict idling t 3 [r 5] minutes in a 60- minute perid. Hwever, sme municipalities restrict idling in their wn fleets t much shrter perids. 14 These plicies are based n the NRCan recmmendatin t idle n mre than 10 secnds (30 secnds fr vehicle cldstart). A ne-minute allwable idling time fits better with idle-free gals. Lnger allwable idling times are als harder t enfrce. Three minutes is the shrtest allwable idling time in current by-laws. Municipalities with a waterfrnt shuld add bats t this prhibitin. 14 The Reginal Municipality f Waterl restricts its fleet vehicles t 10 secnds f idling. The Regin f Peel has a ne-minute limit. 20