Is Car Idling Legal in New York State?

Car idling. We all do it to certain extents. We let the car idle in our driveways as we let it cool down in the summer or warm up in the winter. If you're a DoorDasher or some other kind of delivery driver like me, you may leave your car running as you pick up an order or drop it off on a customers doorstep. But is any of that actually legal?

Why is Idling an Issue?

Idling is running a gasoline- or diesel-powered engine when the vehicle is parked and not moving. Sometimes idling is unavoidable, but why waste fuel and pollute the air with unnecessary exhaust?

Keeping the engine of a parked car running increases the exhaust levels around the car and increases people's exposure to harmful pollutants, if they are nearby. Vehicle exhaust contains pollutants that mainly affect the heart and lungs, but can also affect other organs. Health problems that may result from exposure to pollutants in exhaust range from small changes in Health that are hard to detect, to fatal heart attacks, as well as a range of respiratory effects and lung cancer. Everyone near an idling vehicle is at risk, but young children and people with existing heart or lung disease are more vulnerable to the effects of exhaust.

Exhaust from idling vehicles also damages the environment around us. Carbon dioxide exhaust is a greenhouse gas that contributes to climate change. Nitrogen and sulfur oxides from exhaust contribute to acid rain and ozone formation. Acid rain can damage and even kill plants, aquatic Animals, and fish. Ozone can damage the leaves of plants, trees, and crops and is dangerous for people and Animals to breathe.

Is Car Idling in New York Legal?

The answer is yes and no. According to New York State Department of Environmental Conservation, "Statewide Idling Law - Subpart 217-3 prohibits idling for more than five minutes for heavy duty vehicles of more than 8,500 lbs., with limited exceptions. The idling regulation is enforced by DEC Conservation Officers. Fines range from $500 to $18,000 in the case of a first violation." Most of us don't have to worry about that rule because the average small car is about 2,600 pounds, and the average large car is about 4,400 pounds. 

So, what about vehicles that are not massive trucks or buses? Assembly Bill A923A prohibits the idling of any passenger vehicle, with certain exceptions, for more than 3 consecutive minutes; first violation is a warning, subsequent violations of such section are traffic infractions punishable by a fine of $150. Also, In 1972, New York State enacted a law prohibiting idling a vehicle for more than three minutes (one minute in New York City) unless it's being serviced or repaired. This law was put in place to reduce vehicle emissions and improve air quality.

Where Does Things Stand with Cooling or Warming Your Car?

It's not illegal to warm up or cool down your car in your own driveway as long as you're not idling for more than three minutes (one minute in NYC), and you are INSIDE your car. The law states that you can’t let the car run unattended.

Leaving your car running to cool off in the summer or warm up in the winter is against Section 1210 of the New York State Vehicle and Traffic Laws, if your car is left unlocked. This is true even if it's in your own driveway.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the vehicle, and effectively setting the brake...

What about remote car starters? Warming up or cooling down your car by using a remote car starter is not illegal in New York because the key is not in the ignition so your car can’t be stolen.

Can Delivery Drivers Leave Their Cars Running?

That being said, I think we know the answer for when it comes to delivery drivers. Delivery drivers should turn off their cars and remove the keys during deliveries to prevent theft and to be more fuel efficient. Many companies today, including UPS, have policies that mandate drivers to turn off the engine and remove the keys at every delivery.