MOTOR VEHICLE IDLING (FIXED PENALTY)
ORDINANCE
PART 2
Motor Vehicle Idling Prohibited
4. What is idling
For the purposes of this Ordinance, a motor vehicle is idling if any internal combustion engine forming part of, attached to or situated in or on the vehicle is operating while the vehicle is stationary.
5. Idling prohibited
(1) The driver of a motor vehicle must not cause or permit the vehicle to be idling on a road for more than 3 minutes in any 60-minute period.
(2) This section does not apply to—
- (a) a driver referred to in Schedule 1; or
- (b) a driver who is exempted, or is in a class of drivers that is exempted, under section 6.
6. Exemptions by Director
(1) The Director may exempt a driver or class of drivers from section 5 subject to any conditions the Director thinks fit, if the Director is satisfied that exceptional circumstances exist that make it impractical or unreasonable for the driver or drivers of the class to comply with section 5.
(2) For the purposes of subsection (1), the Director may determine a class of drivers in any manner the Director chooses, including a class determined by the type of motor vehicle or the type of activity in which the driver is engaging.
(3) An exemption may apply generally or be limited to a particular area or a particular time or both.
(4) If the Director exempts a driver, the Director must give the driver written notice of the exemption.
(5) If the Director exempts a class of drivers, the Director must publish notice of the exemption in the Gazette.
(6) A notice of exemption is not subsidiary legislation.
