Introduction
Anyone who has read my blog posts knows that I am very strict when it comes to idling. However on a hot day in NYC when I only planned to idle for a short time to cool off and freshen up before visiting my family, I received an air and noise idling violation in the Bronx. Here’s the story.
What is a NYC Air and Noise Idling Violation?
The NYC Department of Environmental Protection has implemented a program to stop trucks from idling by issuing air and noise violations. As enforcement, NYC has hired 75 inspectors and recruits ordinary citizens to report idling by paying them $87.50 for taking a 3-minute video of an idling truck on their phone. CNBC did a news report on the program. (https://www.cnbc.com/2022/03/31/make-87point50-in-3-minutes-by-reporting-idling-trucks-in-new-york-city.html)
The report reveals the extent to which citizens go to reap the rewards of catching an idling truck, with one man stating that “his technique is to hold his phone in his hand and try to be inconspicuous, It kind of works, but not always.”
Here we see the true motive of these people is the money and not to stop the idling or else they would simply ask the driver to shut off the engine. This is confirmed by my own experience. When I asked the man who reported me why, if he saw me in my truck peering out at him, didn’t he just ask me to shut off the engine, he gave me the lame excuse that most truck drivers were not as polite as I was.
How I Got a Violation
I was visiting New York City to see my niece play in a college basketball game at a University near Yonkers. Whenever I visit New York City, I usually try to find parking in the Bronx. Any trucker knows that trying to find parking in NYC for a semi-truck is a pretty chaotic experience.I usually let all the windows down because I need all my senses in that environment, thinking that If I don’t see some obstacle, at least a horn or yell might stop me before I hit something.
On this day I was lucky and quickly found a spot near Hunts Point market. However, I was going to still have to find a way to navigate a lot of traffic to parallel park into it. I got in position in front of the spot. Waited for the cars to pass. Backed the trailer in. Waited for more cars to pass. Finally, I got the truck into the spot. It was tight, but I managed it. I got out and walked around the truck to make sure everything looked good and got back in. My family was on the way to pick me up and they were getting close so I texted them my location.
The stress of navigating traffic, backing in, and the heat from having the windows down had made me hot and I had started to perspire. So I decided to leave the truck running and blast the AC while I changed clothes to try to cool off so I wouldn’t be sweaty in my fresh clothes. I had just finished changing clothes and was packing my weekend bag when I noticed the guy standing by my truck talking on his phone. He was standing a little bit back from the cab about where the trailer and truck meet. I became concerned and wasn’t sure why he was there so I began to observe him. I thought he was the truck driver in the spot in front of me and thought that I had hit his truck because the space was kind of tight. Either that or he was checking to see how much room was left for him to get out of his spot. So after a little while he moved to the front of the truck and started looking around at my truck. So then I definitely thought he was a truck driver who thought I had hit his truck. So I rolled down the window and asked him if that was his truck in front of me and if he had enough room to get out? He immediately yells at me. “Why are you idling? It is bad for children.” I told him that I had only just parked. I had the AC running to cool down a bit as I changed. But that it’s not a big deal, here, let me shut off the engine.” So I shut the engine off and came back to the window.
I told him that I saw him out there and asked him “Why, when he saw me peeking out at him and knew that I was in the truck didn’t he simply knock and ask me to shut off the engine?” That’s when he said that most truck drivers aren’t as nice as you are.” And then he just turned and walked away. I realized then that he was trying to report the idling. But I thought because we had spoken and I had turned the engine off and he just walked away that the matter was resolved. But a little while later I received an idling violation notice in the mail for idling more than 3 minutes observed by a citizen.
When I later reflected on it, I honestly did not think I had been parked very long, but when I checked my Google timeline it stated that I had arrived at 3:18 P.M. Furthermore, when I checked what time I had texted my family my location, it said 3:22 P.M.. I guess even with the time it took to parallel park, I had been stationary about 19 minutes before he arrived. I’m upset I didn’t know that the guy was recording. I could have just turned the engine off as soon as he started tracking the 3 minutes because I saw him there the whole time.
The Violation Notice
Here’s a copy of the notice:
The notice claims that I idled from 3:41:14 to 3:45:06 or for 3 minutes and 52 seconds. The regulations state that:
When a truck or bus is not allowed to idle for longer than three (3) minutes, the video duration must be for at least three (3) minutes and 4 seconds. Or (1) minute, (4) seconds is next to a school.
The type of evidence required:
- A time and date stamped video
- the video must include the side of the vehicle facing the sidewalk, the front of the truck and the back of the truck
- A time and date stamped still picture or screengrab clearly showing the company name and address
The CNBC news report said the fine for a first offense is typically $350.00 but the summons states that the fine could be as high as $1000 (1st offense), $1500 (2nd offense), and $2000 (3rd offense).
What Are My Options?
- Admit to the charge and pay the penalty
- Hearing by Phone–Fight the summons by telling a Hearing Officer over the phone why you think the charges on a summons should be dismissed.
- Online Hearing–Fight the summons by using a simple, online form. The form allows you to type a defense and attach up to three electronic files to support your case. If you want to have an Online Hearing, the Online Submission Hearing form must be submitted to the Hearings Division on or before the hearing date.
- Hearing by Mail–Fight the summons by sending a written defense to the OATH Hearings Division by regular mail. If you want to have a Hearing by Mail you must send your defense letter to OATH before the hearing date on the summons. You may include other documents to support your case.
Decided to Use the Online Option to Defend My Case
Originally, I planned to wait until the last minute to schedule an in-person hearing, banking on the possibility that the guy wouldn’t anticipate an out-of-state trucker appearing. It’s the same strategy when contesting a ticket, where success sometimes hinges on the officer’s absence in court. If the individual failed to attend, I was hoping the case could be dismissed.
However, upon further research, I discovered that NYC the OATH website states that “In most in-person hearings, the agency will appear by phone but in rare instances, it may choose to appear in person.” I didn’t want to make all that effort to go in person only to talk to someone on the phone.
So I decided to fight it using an online hearing where I write my defense into an online form. I think I am more persuasive in writing than in person anyway so this could be the best option for me anyhow.
I noticed that my license plate number on the summons is incomplete so I will start by requesting that the summons be dismissed because of that. Then I will state my case.
Hearing Defense Letter
Here is exactly what I wrote:
Dear Hearing Officer,
I am writing to request the dismissal of the air and noise idling violation summons 000823506M I received in New York City in the Bronx on 10/27/23. Upon reviewing the circumstances surrounding the violation, I firmly believe that the charges against me should be dropped.
Firstly, it’s essential to understand the context of the situation. As a truck driver, finding suitable parking in New York City is notoriously challenging. On the day in question, after a lengthy and stressful process of navigating through traffic and parallel parking into a tight spot, I finally secured a parking space near Hunts Point market.
Upon completing the parking process, I was a little frazzled and sweaty from navigating NYC traffic and parking. I remained in the truck to cool down and change clothes. I left the engine running to utilize the air conditioning system while waiting for my transportation. It was during this brief period of cooling down that the alleged violation occurred.
When I noticed an individual standing near my truck, I initially thought he was another truck driver who was either worried I may have hit his truck while parking in such a tight spot, or assessing whether or not he had enough room to exit his parking space. I continued to idle anticipating I may need to readjust my position to let him out. However, after speaking with him, it became evident that he was monitoring the idling of my truck. He indicated concerns about idling and its impact on air quality, to which I responded by turning off the engine immediately. I also asked him why he didn’t simply knock and ask me to turn off the engine when he had clearly noticed me inside peering out at him. He stated that most truck drivers were not as polite as I was. He abruptly turned and left and I thought the matter was resolved.
Furthermore, upon reviewing the violation notice, I noticed an error in the license plate number listed (correct plate is 40-386PZ). If my previous explanation is insufficient for the dismissal of the summons, then I am also requesting it be dismissed due to the error in recording the correct license plate number.
Finally, I respectfully request that the summons be dismissed. I have always prioritized compliance with environmental regulations and strive to minimize idling whenever possible. In my blog, I have written often about how I refuse to idle in order to reign in the fuel costs, and I have strongly recommended other truckers do the same. Therefore, I have character proof that I am not one who typically idles my truck. In light of these circumstances, the brief idling period in this instance was not habitual and promptly rectified upon notification.
Thank you for your attention to this matter. I look forward to a fair and just resolution.
Sincerely,
Edward Anderson, Owner, White Glove Trucking
Stay Tuned…To Be Continued…
I will revise this post when I get the results of my hearing. Stay tuned for the outcome of this idling saga. To be continued…