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Public Testimony

Jonathan Gorin reads processing-device exemption from air code

New York City Council · Oct 20, 2026 · starts 1:45:33 · 2 min 39 sec

Gorin, who has asthma, says he will address claims that trucks are ticketed while using equipment. He reads the existing air-code exemption for loading, unloading, or processing devices, including lifts, cranes, pumps, drills, hoists, and mixers.

Member of the Public - Jonathan Gorin

Good afternoon.

Member of the Public - Jonathan Gorin

My name is Jonathan Gorin.

Member of the Public - Jonathan Gorin

I live in New York and I have asthma.

Member of the Public - Jonathan Gorin

So this directly impacts me.

Member of the Public - Eric Goldstein

I do too.

Member of the Public - Jonathan Gorin

I had something written up.

Member of the Public - Jonathan Gorin

However, I'm going to ditch that and address some of the claims I heard.

Member of the Public - Eric Goldstein

Sure.

Member of the Public - Jonathan Gorin

Most prominently that I heard that vehicles are receiving tickets when they were engaged in

Member of the Public - Jonathan Gorin

an active processing, like when the vehicle was pumping or using a crane, I heard that they were getting tickets.

Member of the Public - Jonathan Gorin

I want to take the time to remind the committee what the law is right now and why that's not true.

Member of the Public - Jonathan Gorin

So reading directly from

Member of the Public - Jonathan Gorin

Reading directly from the law, section, the code, section 24-163, operation of a motor vehicle, A, no person shall cause or permit the engine of a motor vehicle

Member of the Public - Jonathan Gorin

other than a legally authorized motor vehicle to idle for longer than three minutes, dot, dot, dot, excuse me, except as in provided as subdivision F in the section while, um,

Member of the Public - Jonathan Gorin

parking, then it defines, like, it gives some more details, dot, dot, dot, and then it gives exemptions.

Member of the Public - Jonathan Gorin

The exemptions are, unless the engine is used to operate a loading, unloading, or processing device.

Member of the Public - Jonathan Gorin

So your next question is, what's a processing device?

Member of the Public - Jonathan Gorin

Well, luckily, that's defined in the rules, title, I believe, title,

Member of the Public - Jonathan Gorin

Thank you.

Member of the Public - Jonathan Gorin

15, section 3901, processing device.

Member of the Public - Jonathan Gorin

For the purposes of section 24-163 of the admin code, the term processing device shall mean a,

Member of the Public - Jonathan Gorin

excuse me, one, 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, but not limited to, operating a lift, crane,

Member of the Public - Jonathan Gorin

pump, drill, hoist, or mixer.

Member of the Public - Jonathan Gorin

I'm going to leave my testimony at that.

Member of the Public - Jonathan Gorin

Thank you very much.

James F. Gennaro

Thank you.

James F. Gennaro

We are familiar with the law, but we appreciate, you know, you had...

James F. Gennaro

Getting that in-depth knowledge of the law and, you know, calling out what you think needs to be called out.

James F. Gennaro

We certainly appreciate your patience and your willingness to be here to give you good testimony.

James F. Gennaro

And that goes for the entire panel.

James F. Gennaro

I have no, I personally, Harvey, you got anything for this panel?

Harvey D. Epstein

I do, Jim, if that's okay.

Harvey D. Epstein

Yeah, yeah, yeah.

Harvey D. Epstein

Good, thanks.

James F. Gennaro

Yeah, so set it at five minutes.