(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:

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(a) Stops the commercial vehicle; and

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

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

(a) Operates an auxiliary power unit, generator set or other idle reduction technology as a means to heat, air condition or provide electrical power.

(b) Operates a cargo temperature control unit to maintain the cargo.

(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) The offense described in this section, unlawfully idling the primary engine of a commercial vehicle, applies on any premises open to the public.

(5) The offense described in this section, unlawfully idling the primary engine of a commercial vehicle, is a Class C traffic violation. [2011 c.349 § 4]

See note under 825.601.