Final Regulation Order – Part 1 Final §1900 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

1

Final Regulation Order – Part 1 

DEFINITIONS 

Amend Title 13, Motor Vehicles, Division 3, Air Resources Board, Chapter 1, Motor 

Vehicle Pollution Control Devices, Article 1, General Provisions, § 1900, Definitions to 

read: 

§ 1900. Definitions.

(a) The definitions of this section supplement and are governed by the definitions set 

forth in chapter 2 (commencing with section 39010), part 1, division 26 of the Health and 

Safety Code. The definitions set forth in the applicable model-year new vehicle 

certification and assembly-line test procedures adopted in this chapter are hereby 

incorporated by reference. 

(b) In addition to the definitions incorporated under subdivision (a), the following 

definitions shall govern the provisions of this chapter; 

(1) – (7) [NO CHANGE.] 

(8) "Independent low volume manufacturer" means a manufacturer with California 

annual sales of less than 10,000 new passenger cars, light-duty trucks and mediumduty vehicles following aggregation of sales pursuant to this section 1900(b)(8). Annual 

sales shall be determined as the average number orof sales sold for the three previous 

consecutive model years for which a manufacturer seeks certification; however, for a 

manufacturer certifying for the first time in California, annual sales shall be based on 

projected California sales for the model year. A manufacturer's California sales shall 

consist of all vehicles or engines produced by the manufacturer and delivered for sale in 

California, except that vehicles or engines produced by the manufacturer and marketed 

in California by another manufacturer under the other manufacturer's nameplate shall 

be treated as California sales of the marketing manufacturer. The annual sales from 

different firms shall be aggregated in the following situations: (1) vehicles produced by 

two or more firms, one of which is 10% or greater part owned by another;, except in 

circumstances for which the Executive Officer determines that 10% or greater 

ownership by one of the firms does not result in responsibility for overall direction of 

both firms; or (2) vehicles produced by any two or more firms if a third party has equity 

ownership of 10% or more in each of the firms; or (3) vehicles produced by two or more 

firms having a common corporate officer(s) who is (are) responsible for the overall 

direction of the companies; or (4) vehicles imported or distributed by all firms where the 

vehicles are manufactured by the same entity and the importer or distributor is an 

authorized agent of the entity. 

(9) – (12) [NO CHANGE.] 

(13) "Medium-duty vehicle" means any pre-1995 model year heavy-duty vehicle having 

a manufacturer's gross vehicle weight rating of 8,500 pounds or less; any 1992 through 
Final Regulation Order – Part 1 Final §1900 

Hearing Date: 03/27/08 

Adopted: 12/17/08 

2

2006 model-year heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission 

or zero-emission vehicle certified to the standards in section 1960.1(h)(2) having a 

manufacturer's gross vehicle weight rating of 14,000 pounds or less; any 1995 through 

2003 model year heavy-duty vehicle certified to the standards in section 1960.1(h)(1) 

having a manufacturer's gross vehicle weight rating of 14,000 pounds or less; and any 

2000 and subsequent model heavy-duty low-emission, ultra-low-emission, super-ultralow-emission or zero-emission vehicle certified to the standards in Section 1961(a)(1),

or 1962, or 1962.1 having a manufacturer's gross vehicle weight rating between 8,501 

and 14,000 pounds. 

(14) – (21) [NO CHANGE.] 

(22) "Small volume manufacturer" means, with respect to the 2001 and subsequent 

model-years, a manufacturer with California sales less than 4,500 new passenger cars, 

light-duty trucks, medium-duty vehicles, heavy-duty vehicles and heavy-duty engines 

based on the average number of vehicles sold for the three previous consecutive model 

years for which a manufacturer seeks certification as a small volume manufacturer; 

however, for manufacturers certifying for the first time in California model-year sales 

shall be based on projected California sales. A manufacturer's California sales shall 

consist of all vehicles or engines produced by the manufacturer and delivered for sale in 

California, except that vehicles or engines produced by the manufacturer and marketed 

in California by another manufacturer under the other manufacturer's nameplate shall 

be treated as California sales of the marketing manufacturer. Except as provided in the 

next paragraph, beginning with the 2009 model year, the annual sales from different 

firms shall be aggregated in the following situations: (1) vehicles produced by two or 

more firms, one of which is 10% or greater part owned by another; or (2) vehicles 

produced by any two or more firms if a third party has equity ownership of 10% or more 

in each of the firms; or (3) vehicles produced by two or more firms having a common 

corporate officer(s) who is (are) responsible for the overall direction of the companies; 

or (4) vehicles imported or distributed by all firms where the vehicles are manufactured 

by the same entity and the importer or distributor is an authorized agent of the entity. 

For purposes of compliance with the zero-emission vehicle requirements, heavy-duty 

vehicles and engines shall not be counted as part of a manufacturer's sales. For 

purposes of applying the 2005 and subsequent model year zero-emission vehicle 

requirements for small-volume manufacturers under sections 1962(b) and 1962.1(b), 

the annual sales from different firms shall be aggregated in the case of (1) vehicles 

produced by two or more firms, each one of which either has a greater than 50% equity 

ownership in another or is more than 50% owned by another; or (2) vehicles produced 

by any two or more firms if a third party has equity ownership of greater than 50% in 

each firm. 

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43104, Health and 

Safety Code. Reference: Sections 39002, 39003, 39010, 39500, 40000, 43000, 43013, 

43018.5, 43100, 43101, 43101.5, 43102, 43103, 43104, 43106 and 43204, Health and Safety 

Code; and Section 27156, Vehicle Code.