Citizens Air Complaint Program

Trucks that are used or maintained primarily for the transportation of property and buses that have seating capacity of 15 or more passengers in addition to the driver and used for the transportation of persons. However, there are exceptions for when a citizen can file a complaint against a truck and bus.

Trucks that use the motor vehicle engine to run a piece of equipment such as the refrigeration unit on a delivery truck, an ice cream truck’s machines, a truck’s lift gate when being used to load and unload product, etc. are allowed to keep that engine running. When a secondary engine is used to run this type of equipment and the motor vehicle engine is off, the idling provision does not apply. If you submit a complaint regarding a refrigeration truck, you must document that the engine that moves the vehicle was on and was not being used to run the refrigeration unit.

A processing device is a device engaging in industrial, commercial, agricultural or other activity, operation, manufacture or treatment in which both (1) chemical, biological and/or physical properties of the material or materials are changed (or in which materials that are conveyed or stored in a non-mobile vented system without changing), and (2) air contaminants are emitted to the outdoor atmosphere.

Trucks that use the motor vehicle engine or a secondary motor to run a piece of equipment such as the refrigeration unit on a delivery truck, an ice cream truck, a truck using a lift gate to load and unload product, etc. are allowed to keep that engine running. If you submit a complaint regarding a refrigeration truck, you must document that the engine that moves the vehicle was on and was not being used to run the refrigeration unit.

In addition, a truck using a lift gate to load and unload product, etc. is allowed to keep that engine running.

Effective June 22, 2022, there is a rule that defines processing device. The following definition will be used to review complaints. Processing Device: For purposes of section 24-163 of the administrative code, the term “processing device” shall mean:

1. a device that accomplishes the function for which the vehicle or equipment was designed, other than transporting goods or people, via a mechanical connection to the engine, including operating a lift, crane, pump, drill, hoist, or mixer; or
2. a system that controls the environment of temperature-sensitive cargo or substances, including but not limited to food, provided that such cargo or substances are being transported in a vehicle designed for the transportation of such cargo or substances.

The term “processing device” shall not include a heater or air conditioner operated for cabin comfort.

There are some situations where a company has been granted a variance from the idling law. Currently, the following companies have variances from DEP: EPIC Security Corp and Rapid Armored Corp.

When the bus is being used to actively load/unload passengers.

No. The law limits the citizen complaint program to trucks and buses.

No. An emergency vehicle is defined as an ambulance, police vehicle or bicycle, correction vehicle, fire vehicle, civil defense emergency vehicle, emergency ambulance service vehicle, blood delivery vehicle, county emergency medical services vehicle, environmental emergency response vehicle, sanitation patrol vehicle, hazardous materials emergency vehicle and ordnance (artillery) disposal vehicle of the armed forces of the United States.

When a truck or bus is not allowed to idle for longer than three (3) minutes, the observation must be for at least three minutes and 10 seconds. When a truck or bus is not allowed to idle for longer than one (1) minute, the observation must be for at least 1 minute and 10 seconds.

Example: Observing a vehicle idling from 1pm to 1:03pm does not meet the requirement of more than 3 minutes.

When a vehicle is found idling adjacent to any public or non-public school (pre-K–12), then the idling limit is no longer than one (1) minute. Adjacent is defined as a vehicle idling on any street on which a school is located where there are entrances and/or exits from the school to the street. Schools include any building or structure, playground, athletic field or other property that is part of the school (15 RCNY §39-02). Colleges, Universities, post graduate schools, etc. are not included in the one (1) minute rule, so you would have to document more than three (3) minutes of idling.

City and state vehicles, including MTA/TA buses, and federal vehicles, are subject to the idling regulations but a summons is administratively dismissed and no monetary penalty is collected. We would appreciate it if you do observe a city or state vehicle, truck or bus idling, to send the name of the agency and the license plate number to our e-mail, nycidling@dep.nyc.gov, so we can follow up with that agency.

The following pieces of evidence are required:

• A *time and date stamped video taken during the time of your observation that captures the truck or bus continuously idling for more than one (1) minute next to a K-12 school or more than three (3) minutes. The sound of the idling engine must be clearly audible on the video. The video must also capture the license plate and the company information/logo of the vehicle.
• A *time and date stamped still picture or screengrab from the video clearly showing the license plate of the vehicle. If the vehicle is a truck with a separate trailer, the license plate of the truck (cab) is needed. We ask that you exercise caution when you attempt to get the license plate information as the license plate can be located in front of the vehicle or the rear of the truck (cab) underneath the trailer. As of March 28, 2022, the sound of the engine must be clearly audible and verified by recording the sound either from the front of the truck or near the exhaust point for a few seconds throughout the entire recording (the beginning, middle and end of your recording); or there must be visible tail pipe emissions throughout the entire recording (beginning, middle and end of the recording). As of this date, complaints that do not include these details will now be deemed frivolous and cannot be pursued by DEP or yourself.
• A *time and date stamped still picture or screengrab from the video clearly showing the company name and address.
• A *time and date stamped still picture or screengrab from the video clearly showing the US Department of Transportation number of the vehicle where applicable.
• If the complaint is about a bus, a *time and date stamped still picture or screengrab from a weather agency clearly showing that the temperature was above 40℉ at the time of the observation.
• Per department standards, it is required to have an affidavit or affirmation on a form prescribed by the department (form will be available when complaint is submitted) pertaining to each individual complaint if the citizen will not be appearing for the hearing date for testimony. If you have already submitted your complaint without an affidavit or affirmation, please re-submit your complaint with one affidavit or affirmation pertaining to each complaint in order for the department to pursue your complaints. Effective June 27, 2022, the citizen complaint number shall be provided on each affirmation.

*To produce a video or photo with a date and time stamp, you can download the “Timestamp Camera Enterprise” application to your mobile device.

• Download Timestamp Camera Enterprise for Android
• Download Timestamp Camera Enterprise for iOS

EFFECTIVE JANUARY 1, 2022: You should submit your completed complaint within 60 days from the date of observation, along with the completed affidavit or affirmation and all supporting evidence using the online Idling Complaint System. Submissions received after 60 days from the date of observation may be rejected. It is to your advantage to use this system as it allows you to keep track of your complaints.

Where DEP issues the summons, you will be informed of the summons number and hearing date. You may need to be available in person or by phone to testify. If the summons is upheld, the respondent must pay the penalty in order for you to receive payment for your complaint. If the summons is dismissed, you are not entitled to any payment.

Anyone who is requesting a bounty payment based on an idling summons that was paid by the respondent must have a Vendor Code to apply for the bounty payment. Please go to the Comptroller’s Office website and follow the steps to create a Vendor Code in the City of New York Payee Information Portal (“PIP”).

The Comptroller’s Office accepts electronically signed W-9s submitted through PIP. You will receive your Vendor Code after activating your PIP account. The Office of Administrative Trials and Hearings will require your Vendor Code to process any requests for bounty payments as of September 1, 2021. Please forward your requests and your vendor code to ecbrevenue@oath.nyc.gov. No further bounty payment requests will be processed without the information requested.

You can use the OATH website to see the status of the summons. To find the summons, you need to enter three zeros before the actual summons number so that you are entering nine (9) digits and a letter. An example of this format is 000123456A. An image of the actual summons will be available approximately two weeks before the hearing date.