Section 27.04 - Exemptions540 CMR 27.04 does not apply for the period or periods during which idling is necessary under the following circumstances:
(a)Traffic Conditions.1. For traffic conditions over which the driver has no control; or2. For an official traffic control device or signal; or3. At the direction of a uniformed police officer or a person authorized to direct traffic.(b)Queuing at a School. 1. Where the physical configuration of a school requires a queue of vehicles for the sequential discharge or pickup of students, and the queue of vehicles is actively engaged in the discharge or pickup of students.(c)Turbo-charged Diesel Engine Cool Down or Warm Up. When the manufacturer's specifications require idling the engine, to cool down or warm up a turbo-charged diesel engine. Documentation of this requirement shall be kept in the vehicle at all times.(d)Cold/Hot Weather - School Buses. 1. If the interior temperature of any school bus is less than 35° F, then idling is allowed to heat the interior of the school bus for a period or periods aggregating not more than three minutes in any 15 minute period during which the school bus is waiting to accept or discharge passengers; or2. If the interior temperature of any school bus is greater than 80° F and it is not practical or possible to open the windows or to park in a shaded area, and the school bus is equipped with air conditioning, then idling is allowed to cool the interior of the motor vehicle for a period or periods aggregating not more than three minutes in any 15 minute period during which the school bus is waiting to accept or discharge passengers.(e)Cold/Hot Weather - Motor Vehicles Other Than School Buses. 1. If the exterior temperature is less than 35° F, then idling is allowed to heat the interior of any motor vehicle other than a school bus for a period or periods aggregating not more than one minute in any 15 minute period during which the motor vehicle is waiting to accept or discharge passengers; or2. If the exterior temperature is greater than 80° F and it is not practical or possible to open the windows or to park in a shaded area, and the vehicle is equipped with air conditioning, then idling is allowed to cool the interior of the motor vehicle other than a school bus for a period or periods aggregating not more than one minute in any 15 minute period during which the motor vehicle is waiting to accept or discharge passengers.(f)Safety and Emergencies. 1. To ascertain that the school bus or other commercial vehicle is in safe operating condition and equipped as required by all provisions of law, and all equipment is in good working order, either as part of the driver's daily vehicle inspection, or as otherwise needed; or2. To operate the flashing signal lamps and/or stop signal arm devices required by law where the operation of those devices can not be undertaken by battery power alone; or3. To operate defrosters, or other equipment to ensure the safe operation of the vehicle, or as otherwise required by federal or state motor carrier safety regulations, or other local requirements; or4. To operate a heater or an air conditioner for only the period necessary to ensure a reasonable interior temperature in a vehicle that has, or will have, one or more children aboard with temperature sensitive disabilities; or.5. To operate a lift or other piece of equipment designed to ensure safe loading, unloading, or transport of persons with one or more disabilities; or6. Use of school bus as an emergency vehicle.(g)Maintenance of Operations. 1. For testing, servicing, repairing, or diagnostic purposes; or2. To recharge a battery or other energy storage unit of a hybrid electric bus.