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Attachment 1 

MODIFIED REGULATORY LANGUAGE FOR PUBLIC COMMENT 

REGULATION TO REDUCE GREENHOUSE GAS EMISSIONS 

FROM HEAVY-DUTY VEHICLES 

[Note: This document shows the modifications to the originally proposed regulation to 

reduce greenhouse gas emissions from heavy-duty vehicles, which was originally 

released to the public on October 24, 2008. All of the text shown below in California 

Code of Regulations, title 17, sections 95300-95311 is new language. The 

modifications to the originally proposed language are shown in strikethrough to show 

proposed deletions, and underline to show proposed additions.] 

Adopt new Ssubarticle 1, sections 95300 to 95312,95311, title 17, California Code of 

Regulations, to read as follows: 

Subarticle 1: Heavy-Duty Vehicle Greenhouse Gas Emission Reduction 

Measure

95300 Purpose. 

The purpose of this subarticle is to reduce greenhouse gas emissions from heavy-duty 

(HD) tractors and 53-foot or longer box-type semitrailers (trailers) that transport freight 

on California highways. 

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code. 

95301. Applicability. 

(a) This subarticle applies to owners and drivers of the following equipment when 

driven on California highways, as well as motor carriers, California-based 

brokers, and California-based shippers that use, or cause to be used, the 

following equipment on California highways: 

(1) HD tractors that pull 53-foot or longer box-type trailers; and 
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(2) 53-foot or longer box-type trailers that are pulled by HD tractors. 

(b) The requirements in this subarticle do not apply to the following vehicles: 

(1) drop-frame trailers; 

(2) chassis trailers; 

(3) curtain-side trailers; 

(4) livestock trailers;

(5) refuse trailers;

(4) (6) box-type trailers less than 53 feet in length; 

(5) HD tractors or box-type trailers that have been granted an exemption under 

the provisions of section 95305, Exemptions:

(6) (7) authorized emergency vehicles; and 

(7) (8) military tactical support vehicles. 

(c) In accordance with the provisions of section 95305, Exemptions, specified 

requirements of this subarticle do not apply to: 

(1) local-haul trailers and the tractors pulling local-haul trailers, 

(2) local-haul tractors and the trailers pulled by local-haul tractors, 

(3) short-haul tractors and the trailers pulled by short-haul tractors, and 

(4) drayage tractors and the trailers pulled by drayage tractors. 

(c)(d) Disclosure of Regulation Applicability: Any person residing in California 

selling a HD tractor or 53-foot or longer box-type trailer subject to this regulation 

must provide the following disclosure in writing to the buyer on the bill of sale, “A 

heavy-duty tractor and 53-foot or longer box-type trailer operated in California 

may be subject to the California Air Resources Board Heavy-Duty Vehicle 

Greenhouse Gas Emission Reduction Measure. It therefore could These 

vehicles may be required to use low-rolling resistance tires and meet 

aerodynamic equipment requirements to reduce greenhouse gas emissions. For 

more information, please visit the California Air Resources Board website at 

http://www.arb.ca.gov/cc/hdghg/hdghg.htm.”
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NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code. 

95302. Definitions. 

(a) The following definitions apply to this subarticle: 

(1) “Aerodynamic technologies” means components designed to reduce wind 

resistance on the tractor or trailer resulting in improved overall tractor fuel 

economy and reduced carbon dioxide emissions. There are two types of 

aerodynamic technologies: fairings and flow control devices. 

(2) “Authorized emergency vehicle” means a vehicle as defined in Vehicle Code 

section 165.

(3)(2) “Box-type trailer” means a dry-van trailer or refrigerated-van trailer that 

is not a drop-frame trailer. 

(4)(3) “Broker” means a person who functions as an intermediary between two 

or more shippers and receivers, dispatching vehicles for the pick-up and 

delivery of freight, but is not a motor carrier or tractor owner or trailer owner, 

for compensation, arranges or offers to arrange the transportation of 

property by a motor carrier. A motor carrier, or person who is an employee 

or bona fide agent of a carrier, is not a broker within the meaning of this 

section when it arranges or offers to arrange the transportation of shipments 

which it is authorized to transport and which it has accepted and legally 

bound itself to transport. 

(5)(4) “Cab side extender” means a flow control device placed vertically on the 

rear side of the tractor that fans out slightly and that reduces the space 

between the tractor and trailer. 

(5) “California-based broker” means a broker that maintains a business location 

in California.

(6) “California-based shipper” means a shipper that operates a facility in 

California where freight is located prior to its transportation.

(6)(7) “Chassis trailer” means a trailer composed of a simple chassis for the 

mounting of a containerized load. 

(8) “Compliance year” means the calendar year in which a fleet owner may

bring trailers into compliance to meet the minimum fleet conformance

threshold that takes effect on January 1 of the following year.
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(9) “Compliant trailer” means a trailer that complies with the equipment 

requirements set forth in subsection 95303(b). For the purposes of the 

optional trailer fleet compliance schedules, to bring a trailer into compliance 

means to either retrofit the trailer with the necessary equipment to comply 

with the equipment requirements set forth in subsection 95303(b), as

applicable, or replace the trailer with another trailer that meets the 

equipment requirements set forth in subsection 95303(b), as applicable.

(10) “Conformance” means meeting or exceeding the minimum fleet 

conformance thresholds defined section 95307, Optional Trailer Fleet 

Compliance Schedules, Tables 1 and 2. A conformance threshold defines 

the percentage of trailers in a fleet that are required to be compliant in 

accordance with a large fleet compliance schedule or a small fleet 

compliance schedule. 

(7) “Container” means a simple, enclosed box of standardized sizes, used

designed for intermodal transport.

(8)(11) “Curtain-side trailer” means a flatbed trailer with tarp sides that can be 

loaded from the sides, top, or rear. 

(12) “Delayed compliance trailer” means a trailer for which compliance may be 

delayed until January 1, 2017, pursuant to subsection 95307(b)(4).

(9) (13) “Dispatch” means to contact vehicle owners, coordinate delivery, pickup, 

and drop-off schedules of such vehicles; and monitor the delivery of freight 

from such these vehicles. 

(10) (14) “Dispatch driver” means the driver of a HD tractor that has been 

dispatched by a motor carrier or broker. 

(15) “DOORS” (Diesel On-road and Off-road Reporting System) is the on-line 

reporting tool for this subarticle. DOORS is also the reporting tool for the 

Regulation for In-Use On-Road Diesel Vehicles and the Regulation for InUse Off-Road Diesel Vehicles.

(11) (16) “Drayage tractor” means any in-use on-road tractor with a Ggross 

Vvehicle Wweight Rrating of 33,000 pounds or greater operating on or 

transgressing through port or intermodal rail yard property for the purpose of 

loading, unloading or transporting cargo, such as containerized, bulk or 

break-bulk goods. 

(12) (17) “Driver” means a person who physically operates a HD tractor. 
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(13) (18) “Drop-frame trailer” means an enclosed rectangular trailer with a 

lowered deck that is lower to the ground in the area between the trailer 

hitch and the trailer wheels, starting just behind the bed plate to create more 

cargo space. 

(14) (19) “Dry-van trailer” means an enclosed rectangular non-climate controlled 

trailer. 

(20) “Early compliance trailer” means a trailer that has been brought into 

compliance with the equipment requirements set forth in subsection

95303(b)(3) as applicable, before January 1, 2010, and for which the owner 

receives credit, in accordance with the early compliance option set forth in 

subsection 95307(b)(4), that may be used to delay the compliance of 

delayed compliance trailers.

(21) “Emergency vehicle” means a vehicle as defined in California Vehicle Code

Section 165.

(15) (22) “Fairing” means a structure with smoothly contoured solid surfaces that 

reduces the wind resistance of the objects they cover. 

(16) “Flatbed Trailer” means a trailer consisting of a completely open platform 

with no sides or railings.

(23) “Fleet” means one or more trailers owned by a person, business, or 

government agency. A fleet consists of the total number of 53-foot or longer 

box-type trailers under common ownership or control even if they are part of 

different subsidiaries, divisions, or other organizational structures of a 

company or agency.

(17) (24) “Flow control device” means an object or a design element that 

manipulates the air flow around an object by changing the air flow 

characteristics in order to reduce the pressure force exerted on the vehicle. 

(18) (25) “Front trailer fairing” means a curved fairing that attaches to the front 

facing surface of a trailer that covers all or part of the trailer’s front facing 

surface. 

(19) (26) “Fuel tank fairing” also known as a chassis skirt, means a fairing located 

at the base of the cab between the front wheel of the tractor and the 

forward-most rear wheel, covering the open space and streamlining the fuel 

tank. 

(20) (27) “Good operating condition” means the condition of a HD tractor or boxtype trailer that meets the applicable standards in section 95304 for 

continued aerodynamic efficiency. 
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(21) (28) “Gross vehicle weight rating” or “GVWR” means the GVWR as defined 

in California Vehicle Code Section 350. 

(22) (29)“Heavy-duty tractor” or “HD tractor” means a class 7 or class 8 motor 

vehicle designed to pull a semitrailer on a highway by means of a fifth wheel 

mounted over the rear axle(s). 

(23) (30) “Highway” means a “highway” as defined in California Vehicle Code 

section 360. 

(24) (31)“Integrated sleeper cab roof fairing” means a fairing located on the roof 

of a sleeper-cab-equipped tractor that extends from the front windshield of 

the tractor cab to the rear edge of the sleeper cab, with enclosed sides that 

line up with the sides of the sleeper cab. 

(25) “Lessee” means a “lessee” as defined in section 371 of the Vehicle Code. 

 

 (32) “Livestock trailer” means a semitrailer designed to transport live animals. 

(26) (33) “Local- haul base” means the location where a short-haul tractor localhaul tractor or local-haul trailer is garaged, and maintained, and the location 

from where a short-haul trailer is routinely dispatched. 

(34) “Local-haul tractor” means a HD tractor that travels exclusively within a 100 

mile radius of its local-haul base.

(35) “Local-haul trailer” means a 53-foot or longer box-type trailer that travels 

exclusively within a 100 mile radius of its local-haul base. 

(27) (36) “Low-rolling-resistance tire” means a tire that is designed to improve 

fuel efficiency of a tractor pulling a trailer by minimizing its rolling 

resistance, which consists of the energy lost as heat within the rubber 

itself, as well as aerodynamic drag of the tire, and friction between the tire 

and the road and between the tire and the rim when the tire is rolling under 

load; rolling resistance is expressed as the energy consumed per unit 

distance as the tire rolls under load. 

(28) (37)“Military tactical support vehicle” means a “Military Tactical Support 

Vehicle” as defined in title 13, California Code of Regulations (CCR), section 

1905. 

(29) (38) “Motor carrier” means a “Motor carrier” as defined in California Vehicle 

Code Section 408. person that contracts to pick up and deliver commercial 

freight, and hires tractor owners or employs drivers, who are dispatched to 

pick up and deliver commercial freight.
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(30) “Owner” means any person except a bank or other financial lending 

institution that legally holds title (or its equivalent) to a HD tractor or trailer 

showing ownership of the tractor or trailer. For purposes of this subarticle, 

a lessee or lessor of a tractor or trailer is considered the owner of the tractor 

or trailer in accordance with the following criteria:

(39) “Owner” of a tractor or trailer means the person or persons registered as the 

owner of the tractor or trailer by the California Department of Motor Vehicles 

or its equivalent in another state, province, or country (presumed at the time 

of any citation to be the person or persons identified as the owner on the 

registration document or title carried on the vehicle), except in the following 

circumstances:

(A) a person who is financially and contractually responsible for 

maintaining the tractor or trailer is the owner for purposes of this 

subarticle if the registered owner of the vehicle clearly demonstrates 

the person’s maintenance responsibilities include responsibility for 

installing and maintaining the tires and aerodynamic technologies 

required by this subarticle. Subsections (C), (D) and (E) and not this 

subsection apply to tractors or trailers that are leased.

(B) for a tractor or trailer owned by the federal government and not 

registered in any state or local jurisdiction, the owner means the 

branch, agency or other organization within the federal government 

that operates the tractor or trailer, that is required to maintain 

accountability for the vehicle, or that is shown by the accountable entity 

to be responsible for the tractor’s or trailer’s maintenance.

(C) for a leased tractor, the person or persons registered as the owner of 

the tractor or trailer by the California Department of Motor Vehicles or 

its equivalent in another state, province, or country (usually the lessor) 

is the owner for purposes of this subarticle, except that the lessee of 

the tractor is the owner for purposes of this subarticle if the lease 

includes the following statement:

“The lessee of this heavy-duty tractor understands that when 

using a heavy-duty tractor to pull a 53-foot or longer box-type 

trailer on a California highway, the heavy-duty tractor must be 

compliant with sections 95300 – 95311, title 17, California Code 

of Regulations, and that it is the responsibility of the lessee to 

ensure this heavy-duty tractor is compliant. The regulations may 

require this heavy-duty tractor to have low rolling resistance tires 

that are U.S. Environmental Protection Agency (EPA) Verified 

SmartWay Technologies prior to current or future use in 

California, or may entirely prohibit use of this tractor in California if 
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it is a model year 2011 or later tractor and is not a U.S. EPA 

Certified SmartWay Tractor.”

(D) for a leased trailer that is leased prior to January 1, 2013, the person or 

persons registered as the owner of the tractor or trailer by the 

California Department of Motor Vehicles or its equivalent in another 

state, province, or country (usually the lessor) is the owner for 

purposes of this subarticle, except that the lessee of the trailer is the 

owner for purposes of this subarticle if both of the following 

requirements are met: 

1. The lessor demonstrates that the lessor provided the lessee with 

actual written notice that clearly informed the lessee about the 

requirements of this subarticle and about the lessee’s obligation 

under terms of the lease to ensure the trailer complies with those 

requirements prior to use of the trailer in California. This 

requirement may be satisfied by inclusion of the following 

statement in the lease agreement:

“The lessee of this box-type trailer understands that when using 

a heavy-duty tractor to pull a 53-foot or longer box-type trailer 

on a California highway, the box-type trailer must be compliant 

with sections 95300 – 95311, title 17, California Code of 

Regulations, and that it is the responsibility of the lessee to 

ensure this box-type trailer is compliant. The regulations may 

require this trailer to have low rolling resistance tires and 

aerodynamic technologies that are U.S. Environmental 

Protection Agency Verified SmartWay Technologies prior to 

current or future use in California.”

2. The lessor demonstrates that either:

a. the lease agreement permits the lessee to modify the trailer to 

be compliant with the requirements of this subarticle; or

b. the lessor provides a reasonable method to exchange the 

trailer for one that is compliant with this subarticle.

 

(E) for a leased trailer that is leased on or after January 1, 2013, the 

person or persons registered as the owner of the tractor or trailer by 

the California Department of Motor Vehicles or its equivalent in another 

state, province, or country (usually the lessor) is the owner for 

purposes of this subarticle, except that the lessee of the trailer is the 

owner for purposes of this subarticle if the lease agreement includes 

the following statement:
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“The lessee of this box-type trailer understands that when using 

a heavy-duty tractor to pull a 53-foot or longer box-type trailer 

on a California highway, the box-type trailer must be compliant 

with sections 95300 – 95311, title 17, California Code of 

Regulations,; and that it is the responsibility of the lessee to 

ensure this box-type trailer is compliant. The regulations may 

require this trailer to have low rolling resistance tires and 

aerodynamic technologies that are U.S. Environmental 

Protection Agency Verified SmartWay Technologies prior to 

current or future use in California.” 

(F) For purposes of this subarticle, the terms “lease,” “leased,” “lessor,” 

and “lessee” mean the same as “rental agreement,” “rented,” “owner of 

the rented vehicle,” and “renter,” respectively.

(A) The lessee of a tractor or trailer is considered the owner if the following 

conditions are met: 

1. the lessee has leased the tractor or trailer for a period of at least 

one year prior to the effective date of this subarticle, or

2. the lessee has leased the vehicle for a period of one year or more 

after the effective date of this subarticle, and the written lease 

agreement or amendment to the agreement specifically identifies 

the lessee as the owner. 

(B) The lessor of a tractor or trailer is considered the owner if the following 

conditions are met: 

1. neither of the conditions listed in subsection (a)(30)(A) are met, or

2. a written agreement between the lessee and lessor prohibits the 

lessee from modifying the leased or rented vehicle to comply with 

this subarticle. 

(31) (40) “Person” means an individual, corporation, business trust, estate, trust, 

partnership, limited liability company, association, joint venture, government, 

governmental subdivision, agency, or instrumentality, public corporation, or 

any other legal or commercial entity.

(32)(41)“Rear trailer fairing” means a fairing that attaches to the perimeter outer 

edges of the trailer’s rear-facing surface to provide a continuous surface for 

the air passing over the side and top surfaces of the trailer. 

(33) “Refrigerated-van trailer” means a trailer van that has a refrigeration or 

heating unit built into the trailer to maintain precise temperatures and is 
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used to haul frozen food, fresh produce, hot or warm food, and other 

perishable items.

(34)“Receiver” means a commercial operation to which freight will be or has been 

delivered that is intended for commercial, not private use. This may include, 

but is not limited to, owners of freight distribution centers, and temporary

freight storage facilities. 

(42) “Refrigerated-van trailer” means a rectangular trailer van that has a 

refrigeration or heating unit built into the trailer to maintain precise 

temperatures and is used to haul frozen food, fresh produce, hot or warm 

food, and other perishable items.

(43) “Refuse trailer” means a trailer that is used to haul solid waste material. 

Solid waste includes garbage, construction debris, commercial refuse, and 

other discarded materials.

(35) (44)“Semitrailer” means a “Semitrailer” as defined in section 550 of the 

California Vehicle Code. 

(36) (45) “Shipper” means a person that has possession of freight prior to its 

transportation. This may include, but is not limited to, owners of freight 

distribution centers, and temporary freight storage facilities. 

(37) “Sleeper cab” means a HD tractor body that has a compartment located 

behind the driving compartment that contains a bed.

(38) (46)“Short-haul tractor” means a HD tractor that either travels less than 

50,000 miles in a calendar per year or travels exclusively within a 100 mile 

radius of its local haul base. 

(39) “Short-haul trailer” means a 53-foot or longer box-type trailer that travels 

exclusively within a 100 mile radius of its local haul base.

(47) “Sleeper cab” means a HD tractor body that has a compartment containing a 

bed located behind the driving compartment. 

(40) (48) “Tractor” means a “Truck Tractor” as defined in section 655 of the 

California Vehicle Code. 

(49) “Trailer” means a semitrailer.

(41) (50) “Trailer side skirt” means a fairing that extends down from the sides 

bottom of the trailer to cover part of the open space between the trailer 

frame and the groundtractor and the rear wheels. 
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(42) (51) “Transport refrigeration unit” or “TRU” means a refrigeration system 

powered by an integral internal combustion engine designed to control the 

environment of temperature sensitive products that are transported in trucks 

and refrigerated trailers. TRUs may be capable of both cooling and heating. 

(43) “U.S. EPA Approved SmartWay Technology” or “U.S. EPA Approved 

SmartWay Technologies” means one or more aerodynamic technologies or 

low-rolling resistance tire models that has been identified by the U.S. EPA 

as meeting the technical specifications and requirements of the U.S. EPA 

SmartWay Transport Partnership Program. 

(44) (52) “U.S. EPA Certified SmartWay Tractor” means a tractor that has been 

certified by the United States Environmental Protection Agency (U.S. EPA)

to meet the technical specifications and requirements of the U.S. EPA 

SmartWay Transport Partnership Program. 

 

(45) (53) “U.S. EPA Certified SmartWay Trailer” means a 53-foot or longer boxtype trailer that has been certified by the U.S. EPA to meet the technical 

specifications and requirements of the U.S. EPA SmartWay Transport 

Partnership Program. 

(46) (54) “U.S. EPA SmartWay Transport Partnership Program” means the U.S. 

EPA’s voluntary program that is a collaboration between the U.S. EPA and 

the transportation industry to improve energy efficiency, reduce greenhouse 

gas and air pollutant emissions, and improve energy security. This program 

establishes requirements for improving incentives for improving freight 

movement efficiency and for improving the fuel efficiency of freight moving 

equipment. Information on the U.S. EPA SmartWay Transport Partnership 

Program is available through the U.S. EPA Office of Transportation and Air 

Quality (OTAQ), USEPA Headquarters, 1200 Pennsylvania Avenue, N.W, 

Washington, DC 20460 from the SmartWay program office at 2000 

Traverwood, Ann Arbor, Michigan 48105; and at the U.S. EPA SmartWay 

website at http://www.epa.gov/smartway/. 

(55) “U.S. EPA Verified SmartWay Technology” or “U.S. EPA Verified SmartWay 

Technologies” means one or more aerodynamic technologies or low-rolling 

resistance tire models that have been identified by the U.S. EPA as meeting 

the technical specifications and requirements of the U.S. EPA SmartWay 

Transport Partnership Program. 

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code. 

95303 Requirements and Compliance Deadlines. 

(a) Tractor Requirements 
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(1) Except as provided in subsection 95305, Exemptions, Bbeginning January 

1, 2010, no 2011 or subsequent model year sleeper-cab HD tractor pulling a 

53-foot or longer box-type trailer shall operate on a highway within California 

unless such tractor is a U.S. EPA Certified SmartWay Tractor. 

(2) Except as provided in subsection 95305, Exemptions, Bbeginning January 

1, 2010, no 2011 or subsequent model year HD tractor, including but not 

limited to sleeper-cab HD tractors, pulling a 53-foot or longer box-type trailer 

shall operate on a highway within California unless such tractor’s tires are 

U.S. EPA ApprovedVerified SmartWay Technologies. 

(3) Except as provided in subsection 95305, Exemptions, Bbeginning January 

1, 2012, no 2010 or previous model year HD tractor, regardless of model 

year, pulling a 53-foot or longer box-type trailer shall operate on a highway 

within California unless such tractor’s tires are U.S. EPA ApprovedVerified

SmartWay Technologies. 

(b) Trailer Requirements 

(1) 2011 and Subsequent Model Year Dry-Van Trailer Requirements 

Except as provided in subsection 95305, Exemptions, Bbeginning January 

1, 2010, no 2011 or subsequent model-year 53-foot or longer dry-van trailer

shall travel on a highway within California unless such trailer is either: 

(A) a U.S. EPA Certified SmartWay Trailer, or, 

(B) equipped with one of the following two combinations of tires and 

aerodynamic technologies, installed in accordance with manufacturer’s 

instructions: 

1. tires that are U.S. EPA Approved SmartWay Technologies, and 

trailer side skirts that are U.S. EPA Approved SmartWay 

Technologies, and either a front trailer fairing that is a U.S. EPA 

Approved SmartWay Technology or a rear trailer fairing that is a 

U.S. EPA Approved SmartWay Technology for dry-van trailers ; or

 

2. tires that are U.S. EPA Approved SmartWay Technologies, and 

any combination of dry-van trailer aerodynamic technologies that 

has been demonstrated to the U.S. EPA to meet or exceed a 5 

percent fuel savings in accordance with the requirements defined 

by the U.S. EPA SmartWay Partnership Program. 

 

(B) equipped with both:
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1. tires that are U.S. EPA Verified SmartWay Technologies; and 

2. any combination of dry-van trailer aerodynamic technologies that 

has been demonstrated to the U.S. EPA to meet or exceed a 5 

percent fuel savings in accordance with the requirements defined 

by the U.S. EPA SmartWay Partnership Program. 

 

(2) 2011 and Subsequent Model Year Refrigerated-Van Trailer Requirements 

Except as provided in subsection 95305, Exemptions, Bbeginning January 

1, 2010, no 2011 or subsequent model year 53-foot or longer refrigeratedvan trailer shall travel on a highway within California unless such trailer is 

either: 

(A) a U.S. EPA Certified SmartWay Trailer, or, 

 

(B) equipped with one of the following two combinations of tires and 

aerodynamic technologies, installed in accordance with manufacturer’s 

instructions: 

1. tires that are U.S. EPA Approved SmartWay Technologies, and 

trailer side skirts that are U.S. EPA Approved SmartWay 

Technologies for dry-van trailers, or

 

2. tires that are U.S. EPA Approved SmartWay Technologies, and 

any combination of dry-van trailer aerodynamic technologies that 

has been demonstrated to the U.S. EPA to meet or exceed a 4 

percent fuel savings in accordance with the requirements defined 

by the U.S. EPA SmartWay Partnership Program. 

(B) equipped with both:

1. tires that are U.S. EPA Verified SmartWay Technologies; and 

2. any combination of dry-van trailer aerodynamic technologies that 

has been demonstrated to the U.S. EPA to meet or exceed a 4 

percent fuel savings in accordance with the requirements defined 

by the U.S. EPA SmartWay Partnership Program 

(3) 2010 or Previous Model Year Dry-Van and Refrigerated-Van Trailer 

Requirements 

(A) A 2010 or previous model year 53-foot or longer box-type trailer may 

not travel on a highway within California after the compliance deadlines 

in subsection (b)(3)(B) unless such trailer is either a dry-van trailer that 

meets the requirements of subsections (b)(1)(A) or (b)(1)(B), or a 
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refrigerated-van trailer that meets the requirements of subsections 

(b)(2)(A) or (b)(2)(B). These requirements must be met by January 1, 

2013, or:

1. by the applicable compliance dates in section 95307, Optional 

Trailer Fleet Compliance Schedule, if such trailer is included in 

the fleet of trailers participating in the Optional Trailer Fleet 

Compliance Schedule, or;

2. by the applicable compliance dates in section 95308, Refrigerated 

Fleet Compliance Provision, if such trailer is included in the fleet 

of refrigerated-van trailers participating in the Refrigerated Fleet 

Compliance Provision 

(B) Compliance deadlines: A 2010 or previous model year 53-foot or 

longer box-type trailer must meet the requirements in subsection 

(b)(3)(A) by the following applicable dates:

1 .For a dry-van trailer or refrigerated-van trailer not identified in 

subsection (b)(3)(B)2: before January 1, 2013, or by the 

applicable compliance dates in section 95307, Optional Trailer 

Fleet Compliance Schedules, if such trailer is included in the fleet 

of trailers participating in, and remains eligible to participate in, an 

optional trailer fleet compliance schedule.

2. For a refrigerated-van trailer that is a model year 2003 through 

2008 trailer equipped with 2003 or subsequent model year 

transport refrigeration unit engine: either by 

a. January 1, 2018 for a 2003 or 2004 model year trailer; or

b. January 1, 2019 for a 2005 or 2006 model year trailer; or

c. January 1, 2020 for a 2007 or 2008 model year trailer.

(c) Requirements for Drivers 

(1) A driver cannot operate a HD tractor to pull a 53-foot or longer box-type 

trailer on a highway in California unless both the tractor and the trailer 

(A) comply with the applicable requirements and compliance deadlines 

defined set forth in subsections (a) and (b), and 

(B) are in good operating condition as defined in section 95304. 

(2) A driver must, upon demand, provide the following available information if

available to authorized enforcement personnel identified in section 953098: 
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(A) driver’s license; 

(B) vehicle odometer reading, if applicable the tractor is an exempt shorthaul tractor; 

(C) tractor registration; 

(D) trailer registration; 

(E) origin of freight being transported, or to be transported; 

(F) destination of freight being transported, or to be transported; 

(G) if dispatched by a motor carrier, the motor carrier information set forth 

in subsection (g)(1)(B); 

(H) if dispatched by a broker, the broker information set forth in subsection 

(f)(1)(B); 

 

(3) A driver shall not operate a HD tractor to pull a 53-foot or longer box-type 

trailer on a highway in California if the trailer has aerodynamic technologies 

that are not deployed or not in their operational configuration. 

(d) Requirements for Owners of HD Tractors 

(1) An owner of a HD tractor cannot use or authorize the use of a HD tractor to 

pull a 53-foot or longer box-type trailer on a highway in California unless 

both the HD tractor and the box-type trailer: 

(A) comply with the applicable requirements and compliance deadlines set 

forth in subsections (a) and (b); and 

 

(B) are in good operating condition as defined in section 95304. 

(e) Requirements for Owners of Box-Type Trailers

(1) An owner of a 53-foot or longer box-type trailer must ensure that the 53-foot 

or longer box-type trailer will not be pulled by a HD tractor on a highway in 

California unless the 53-foot or longer box-type trailer: 

(A) complies with the requirements and compliance deadlines set forth in 

subsection (b); 

(B) is in good operating condition as defined in section 95304. 
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(2) An owner of one or more 2010 or previous model year 53-foot or longer 

box-type trailers that are subject to the requirements of subsection (b)(3) 

may elect to follow an alternative compliance schedule, if applicable. 

Owners that choose to follow an alternative compliance schedule must meet

the requirements of section 95307, Optional Trailer Fleet Compliance 

Schedules. 

(3) An owner of one or more 2010 or previous model year 53-foot or longer 

box-type trailers that are subject to the requirements of subsection (b)(3) 

may elect to follow the refrigerated-van trailer provision, if applicable. 

Owners that follow the refrigerated-van trailer compliance schedule must 

meet the requirements of section 95308, Refrigerated Fleet Compliance 

Provision.

(f) Requirements for California-based Brokers

(1) A California-based broker must: 

(A) only dispatch a HD tractors or a and 53-foot or longer box-type trailers

for travel on a highway in California if the tractor or trailer that

complyies with the operating requirements and compliance deadlines 

set forth in subsections (a) and (b); 

(B) provide the following information to the a dispatchdispatched driver 

who will be travelling on highways in California : 

1. broker’s business name 

2. broker’s street address, state, zip code 

3. broker contact person’s name 

4. broker contact person’s business phone number 

 

(g) Requirements for Motor Carriers 

(1) A motor carrier must: 

(A) only dispatch a HD tractors or a and 53-foot or longer box-type trailers

for travel on a highway in California if the tractor or trailer that

complyies with the operating requirements and compliance deadlines 

set forth in subsections (a) and (b); 

(B) provide the following information to the a dispatchdispatched driver 

who will be travelling on highways in California : 
A-17 

1. motor carrier’s business name 

2. motor carrier’s street address, state, zip code 

3. motor carrier contact person’s name 

4. motor carrier contact person’s business phone number 

 

(h) Requirements for California-Basedbased Shippers 

(A) A California-based shipper must not ship freight from its California 

facility or facilities in a 53-foot or longer box-type trailer pulled by a HD 

tractor on a California highway unless the HD tractor and the 53-foot or 

longer box-type trailer comply with the operating requirements and 

compliance deadlines set forth in subsections (a) and (b). 

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code. 

95304 Good Operating Condition Requirements. 

(a) Good Operating Condition Criteria for U.S. EPA Certified SmartWay Tractor 

Aerodynamic Technologies. 

(1) An aerodynamic mirror, a cab side extender, a fuel tank fairing, and an 

integrated sleeper cab roof fairing on a U.S. EPA Certified SmartWay 

Tractor must meet the following criteria: 

(A) Each must be installed in accordance with manufacturer’s 

specifications. 

(B) Each must be securely fastened to the tractor. 

(C) Each must not be used if it is damaged to such an extent as to 

compromise its aerodynamic effectiveness. 

(b) Good Operating Condition Criteria for U.S. EPA Certified SmartWay Trailer 

Aerodynamic Technologies 

(1) Aerodynamic technologies installed on a box-type trailer must meet the 

following criteria: 

(A) The aerodynamic technologies must be installed in accordance with 

the manufacturer’s specifications. 

(B) The aerodynamic technologies must be securely fastened to the trailer. 
A-18 

(C) The aerodynamic technologies must not be used with missing 

sections. 

(D) The aerodynamic technologies must not be used if damaged to such 

an extent as to compromise their aerodynamic effectiveness. 

(E) The rear trailer aerodynamic technology must be capable of being 

folded back against the trailer sides or otherwise be readily compacted 

to allow normal functioning of doors. 

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code. 

95305 Exemptions. 

(a) A short-haul tractor may, pursuant to section 95306, Short-Haul Tractor and 

Short-Haul Trailer Exemption Requirements, be is exempted from the 

requirements of subsections 95303 (a)(1), 95303 (a)(2), and 95303(a)(3) if its

owner complies with the requirements in section 95306, Short-Haul and LocalHaul Tractor and Local-Haul Trailer Exemption Requirements. provided it either:

(1) Travels no more than 50,000 miles per year; or

(2) Operates only within a 100-mile radius of its local-haul base. 

 

(b) A local-haul tractor is exempt from the requirements of subsections 95303 (a)(1), 

but still must comply with the requirements of subsections 95303 (a)(2) and 

95303 (a)(3), if its owner complies with the requirements of section 95306, ShortHaul and Local-Haul Tractor and Local-Haul Trailer Exemption Requirements.

(b) (c) A short-haul A local-haul trailer may, pursuant to section 95306, Short-Haul

Tractor and Short-Haul Trailer Exemption Requirements, is be exempted from 

the requirements of sections 95303(b)(1)(A), 95303(b)(1)(B)2, 95303(b)(2)(A), 

and 95303(b)(2)(B)2, but still must comply with the requirements of sections 

95303 (b)(1)(B)1 and 95303 (b)(2)(B)1 if its owner complies with the 

requirements of section 95306, Short-Haul and Local-Haul Tractor and LocalHaul Trailer Exemption Requirements. , provided it operates only within a 100 

mile radius of its local-haul base.

(c) (d) A 53-foot or longer box-type trailer is exempt from the requirements of 

subsection 95303(b) while it is being pulled by a short-haul HD tractor that is 

exempt under subsection 95305(a). pulled by a short-haul tractor that has been 

exempted pursuant to section 95306, Short-Haul Tractor and Short-Haul Trailer 
A-19 

Exemption Requirements, is itself exempt from the requirements of 95303(b) 

while it is being pulled by the registered short-haul tractor.

(e) A 53-foot or longer box-type trailer is exempt from the requirements of 

subsections 95303(b)(1)(A), 95303(b)(1)(B)2, 95303(b)(2)(A), and

95303(b)(2)(B)2, but still must comply with the requirements of subsections 

95303(b)(1)(B)1 and 95303(b)(2)(B)1, while it is being pulled by a local-haul 

tractor that is exempt under subsection 95305(b).

(f) A 2011 or subsequent model year sleeper cab HD tractor is exempt from the 

requirements of subsection 95303(a)(1), but still must comply with the 

requirements of subsection 95303 (a)(2), while it is pulling a local-haul trailer that 

is exempt under subsection 95305(c) .

(d) (g) A drayage tractor pulling a 53-foot or longer box-type trailer within 100 miles of 

the port or intermodal rail yard property of origin or destination and the trailer it 

pulls are exempt from sections 95303(a) and (b). 

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code. 

95306 Short-Haul and Local-Haul Tractor and ShortLocal-Haul Trailer Exemption 

Requirements 

(a) Application Requirements: To qualify for any exemptions in subsections 

95305(a), 95305(b) or 95305(c), Tthe owner of an HD tractor or the owner of a 

53-foot or longer box-type trailer that wishes to obtain a short-haul exemption as 

provided in section 95305(a) or (b) must submit to the Executive Officer all the

information and statements identified in subsections 95306 subsections (b) 

through (gf) and must comply with subsections (g) through (o). Applications will 

be reviewed by the Executive Officer as received. The Executive Officer may 

request additional information, or clarification of submitted information, during 

review of the application. Applicants will be notified of the status of their 

applications by letter from the Executive Officer no later than 30 days after 

receipt of their application. If approved, the exemption status will be effective 

upon the date of the approval letter. If denied, the reasons for denial will be 

identified, and the applicant can resubmit an amended application. 

(b) Owner Contact Information: 

(1) Short-haul or local-haul tractor owner’s name, and if a business entity or 

governmental agency owns the tractor, the responsible official and title (if 

applicable) 

(2) ShortLocal-haul trailer owner’s name, and if a business entity or 

governmental agency owns the trailer, the responsible official and title (if 
A-20 

applicable) 

(3) Name of owner’s company, corporation, or governmental agency (if 

applicable) 

(4) Corporate parent (if applicable) 

(5) Motor carrier identification number and type

(6) IRP registration number (if applicable)

(7)(6) Street address of owner or owner’s company including city, state or 

province, zip code, colonia (Mexico only), and country

(7) Mailing address including city, state or province, zip code, colonia (Mexico 

only), and country

(8) Physical address of location where records pertaining to the applicable 

compliance schedule will be maintained including city, state or province, zip 

code, colonia (Mexico only), and country

(9) Name of contact person

(8)(10) Telephone number of owner or owner’s company 

(9)(11) Email address of owner or owner’s company (if available) 

(10)(12) Company taxpayer identification number, (if applicable) 

(13) DOORS identification number of corporate parent, if one has been obtained

(c) Local-Haul Base Information for Owners of Local-haul Tractors or Trailers (an 

owner may have multiple local-haul bases): 

(1) Local-haul base contact’s name 

(2) Contact’s title 

(3) Street address of local-haul base including city, state, zip code, colonia 

(Mexico only), and country 

(b) Telephone number of local-haul base 

 

(d) Short-haul or Local-haul Tractor Fleet Information. For each tractor to be 

exempted, provide the following information: 
A-21 

(1) Type of exemption applied for: 

(A) Limit annual miles traveled to 50,000 (short-haul); or 

 

(B) Limit total area of operation to within a 100 mile radius from its localhaul base. (local-haul).

(2) Tractor identification number (vehicle identification number (VIN)) 

(3) Tractor make 

(4) Tractor model 

(5) Tractor model year 

(6) State or province of registration 

(7) Country of registration

(8) Registration type (state, IRP, temporary, seasonal, monthly, or other)

(7)(9) License plate number 

(8)(10) For short-haul tractors: Odometer reading (if annual miles traveled is to 

be limited)

(11) For local-haul tractors: tractor’s local-haul base street address, including 

city, state, and zip code 

(e) Local-haul Trailer Fleet Information. For each trailer to be exempted, provide the 

following information: 

(1) Trailer type (dry van or refrigerated van) 

(2) Trailer identification number (vehicle identification number (VIN))

(3) Trailer make 

(4) Trailer model 

(5) Trailer model year 

(6) State or province of registration 

(7) Country of registration 
A-22 

(8) Registration type (State, IRP, Temporary, Seasonal, Monthly, or Other)

(7)(9) License plate number 

(10) Trailer’s local-haul base street address, including city, state, and zip code

(f) For trailers and for all tractors limited in operation to a 100-mile radius from their 

local haul base, provide a street map of the geographic area where tractors will 

be operating and the location (address) of the local haul base(s).

(g) (f) A dated written submittal by the owner with the information required by 

subsections (b) through (e) and Include one of the following statements at the 

end of the application, above the applicant’s signature and date: 

(1) For all local-haul trailers and for truckstractors limited in operation to a 100-

mile radius from their local-haul base: 

“I agree to strictly limit all use of this [or these] tractor[s] [or 

trailer[s]] to the area within a 100-mile radius of the local- haul base 

identified in this application if the exemption is approved by the Air 

Resources Board Executive Officersubmittal. I understand that if 

the exemption is approved, operation of the equipment outside this 

area will be a violation of sections 95300-95312,95311, title 17, 

California Code of Regulations, and know that I must submit an 

application for any extension of the exemption no more than 11 

months after the date of the letter approving the exemption. I 

declare under penalty of perjury that the information provided in this 

application is true, accurate and complete.” 

(2) For trucks short-haul tractors that will be used no more than 50,000 miles 

per year: 

“I agree to limit use of this [or these] tractor[s] to 50,000 or fewer 

miles per year if the exemption is approved by the Air Resources 

Board Executive Officer. I understand that if the exemption is 

approved, operation of the equipment for more than 50,000 miles 

per year will be a violation of sections 95300-95312,95311, title 17, 

California Code of Regulations, and know that I must submit an 

application for any extension of the exemption no more than 11 

months after the date of the letter approving the exemption. I 

declare under penalty of perjury that the information provided in this 

application is true, accurate and complete.” 

 (g) A local-haul exemption obtained under subsections 95305(b) or (c) will remain in 

effect as long as the owner and the exempt trailer or tractor are in compliance 

with the requirements of this section. The owner of an exempt local-haul tractor 
A-23 

or trailer must notify the Executive Officer if the information submitted in 

accordance with subsections (b) through (f) has changed, and must submit the 

updated information to the Executive Officer.

(h) An exemption approved under this section will be in effect for a period of one 

year from the date of the approval letter. To extend the exemption, an applicant 

must reapply for the extension at least one month prior to the expiration date of 

the exemption.

 

(h) For a local-haul tractor or trailer that is removed from an owner’s local-haul fleet 

or is otherwise no longer exempt under subsection 95305(b) or (c), the owner 

must notify the Executive Officer and update the local-haul tractor or trailer 

information submitted in accordance with subsections (d) and (e) to reflect this 

change in status prior to change in ownership of the tractor or trailer, or prior to 

the trailer travelling on California highways, whichever occurs first. 

(i) For a short-haul tractor that is removed from an owner’s short-haul tractor fleet or 

is otherwise no longer exempt under subsection 95305(a), the owner must notify 

the Executive Officer and update the short-haul tractor information submitted in 

accordance with subsections (d) to reflect this change in status prior to change in 

ownership of the tractor, or prior to the tractor travelling on California highways, 

whichever occurs first. A tractor that is removed from the owner’s short-haul 

tractor fleet or that for any other reason loses its exempt status under subsection 

95305(a) is ineligible for the short-haul exemption under subsection 95305(a) for 

36 months from the date its exempt status was lost.

 (j) A short-haul exemption obtained under subsection 95305(a) will remain in effect 

for a period of 1 year from the date that the information required in subsections 

95306(b) through (f) is submitted to the Executive Officer if the owner and the 

exempt tractor are in continuing compliance with the requirements of this section. 

To extend the exemption for an additional 1 year, the owner must submit the 

tractor’s current odometer readings prior to, but no more than 30 days before, the 

expiration date of the exemption. 

(i)(k) The driver of an exempt short-haul or local-haul HD tractor, or a HD tractor 

pulling an exempt local-haul trailer must, upon demand, provide the following 

information to authorized enforcement personnel identified in section 

9530995308: 

(1) Driver’s license 

(2) Odometer reading of tractor 

(3) Tractor registration 

(4) Origin of freight being transported 
A-24 

(5) Destination of freight being transported 

(6) If dispatched by a motor carrier, the motor carrier information defined listed 

in subsection 95303(g)(1)(B). 

(7) If dispatched by a broker, the broker information defined listed in subsection 

95303(f)(1)(B). 

(8) Vehicle identification number

(l) The driver of an exempt short-haul HD tractor must, upon request, allow 

authorized enforcement personnel to directly view the odometer of the HD 

tractor.

(m) The use of a short-haul tractor that is exempt under subsection 95305(a) in 

excess of 50,000 miles in a year is a violation of this subarticle. 

(n) The use of a local-haul tractor that is exempt under subsection 95305(b) in an 

area farther than 100 miles from the vehicle’s local-haul base is a violation of this 

subarticle.

(o) The use of a local-haul trailer that is exempt under subsection 95305(c) in an 

area farther than 100 miles from the vehicle’s local-haul base is a violation of this 

subarticle.

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code. 

95307 Optional Trailer Fleet Compliance Schedules. 

In lieu of meeting the January 1, 2013 compliance deadline set forth in section 

95303(b)(3), an owner of one or more 2010 or previous model year 53-foot or longer 

box-type trailers may bring such trailers into compliance in accordance with an 

applicable compliance schedule set forth below.

For the purposes of the optional trailer fleet compliance schedules in this section, 

bringing a trailer into “compliance” means retrofitting such trailer with the necessary 

tires and aerodynamic technologies to meet the applicable trailer requirements in 

sections 95303(b)(1) and 95303(b)(2) or retiring such trailer from California service. In 

addition, a “trailer” means a 53-foot or longer box-type trailer, and a “nonconforming

trailer” means a trailer that is not U.S. EPA SmartWay Certified nor is it yet equipped 

with the necessary technologies specified in sections 95303(b)(1)(B) or 

95303(b)(2)(B), as applicable. 
A-25 

The two compliance schedules available are the large fleet compliance schedule for 

fleets of 21 or more trailers and the small fleet compliance schedule for fleets of 20 or 

fewer trailers. Fleets with 21 or more total trailers may not participate in the small fleet 

compliance schedule. However, fleets with 20 or fewer total trailers may participate in 

either the large fleet or small fleet compliance schedule.

To determine fleet size, a trailer owner must account for all 53-foot or longer box-type 

trailers (both dry-van and refrigerated-van trailers) within the fleet. A trailer owner 

must list all these trailers on the trailer fleet list, as defined in subsection (c)(2) to be 

eligible to participate in an optional trailer fleet compliance schedule. The trailer fleet 

list must be submitted within the compliance plan, as defined in subsection (a)(2) or 

(b)(2), as applicable, by the due date specified in the applicable compliance schedule. 

Only trailers listed on the trailer fleet list are eligible to be brought into compliance in 

accordance with an applicable compliance schedule. Except as provided in 

subsection (a)(3), a compliance plan revision may only be made with the approval of 

the Executive Officer when the Executive Officer determines that a company merger, 

acquisition, or split, or other changed circumstances affecting operations of the owner, 

necessitate revisions in the compliance plan. Executive Officer approval will not be 

granted to allow a new business to participate in a compliance schedule after the 

submission due date for the applicable compliance plan has passed. 

Refrigerated-van trailers not brought into compliance in accordance with the 

refrigerated fleet compliance provision set forth in section 95308 may either be 

brought into compliance in accordance with an applicable large fleet or small fleet 

compliance schedule or before the January 1, 2013 compliance deadline. 

Although a fleet’s participation in an optional trailer fleet compliance schedule does not 

require the Executive Officer’s specific approval, the Executive Officer may terminate 

a fleet’s participation in a compliance schedule if the fleet or any tractor or trailer within 

the fleet, is found in violation of this regulation. Should the Executive Officer terminate 

a fleet’s participation in a compliance schedule, the owner must bring all trailers into 

compliance within 90 days or by December 31, 2012, whichever is later, but in no 

case later than December 31 of the final compliance year of the applicable compliance 

schedule.

The Executive Officer may make information provided pursuant to an optional trailer 

fleet compliance schedule available to the public for the purpose of helping determine 

the compliance status of a trailer.. 

(a) Trailer Fleet Compliance Schedule Applicability

(1) As specified in section 95303(b)(3), an owner of one or more 2010 or 

previous model year 53-foot or longer box-type trailers may bring such 

trailers into compliance in accordance with an applicable compliance 

schedule set forth in this subsection. 
A-26 

(2) Trailer fleet size determination. For purposes of this section, fleet size is the 

total of all 53-foot or longer box-type trailers within the owner’s fleet, 

including:

(A) trailers that do not operate in California, and

(B) trailers that operate in California, including but not limited to:

1. existing compliant trailers,

2. non-compliant trailers,

3. trailers exempted in accordance with section 95305, Exemptions,

and

4. refrigerated van trailers that are eligible for the compliance 

deadlines set forth in section 95303(b)(3)(B)2.

(3) Applicable Compliance Schedules. 

(A)_ A fleet owner with a trailer fleet size of 21 or more trailers, as 

determined in accordance with subsection (a)(2) above, may only 

participate in the large fleet compliance schedule, specified in 

subsection (b).

(B) A fleet owner with a trailer fleet size of 20 or fewer trailers has the

option of participating in either the large fleet or small fleet compliance 

schedule, specified in subsections (b) and (c), respectively.

(a)(b) Large Fleet Compliance Schedule 

(1) Minimum fleet complianceconformance thresholds (Table 1): A trailer owner 

participating in the large fleet compliance schedule must ensure that the 

percentage of compliant trailers on the compliance plan base list, as defined 

in subsection (c)(d)(3), is equal to or greater than: 

(A) 5 percent by December 31, 2010beginning January 1, 2011, 

(B) 15 percent by December 31, 2011beginning January 1, 2012, 

(C) 30 percent by December 31, 2012beginning January 1, 2013, 

(D) 50 percent by December 31, 2013beginning January 1, 2014, 

(E) 75 percent by December 31, 2014beginning January 1, 2015, and 
A-27 

(F) 100 percent by December 31, 2015beginning January 1, 2016. 

Table 1: Minimum Fleet ComplianceConformance Thresholds 

for the 

Large Fleet Compliance Schedule 

Compliance Year (Y) Minimum Fleet ComplianceConformance

Threshold (PY) 

Conformance Threshold

Deadline

2010 5% January 1, 2011

2011 15% January 1, 2012

2012 30% January 1, 2013

2013 50% January 1, 2014

2014 75% January 1, 2015

2015 100% January 1, 2016

(2) Large fleet compliance plan: To participate in the large fleet compliance 

schedule, a trailer owner must provide the following information to the 

Executive Officer, electronically or in a document package entitled “Large 

Fleet Compliance Plan,” by July 1, 2010. This documentsubmittal must 

include the following: 

(A) Statement of intent, in accordance with subsection (c)(d) (1). 

(B) Trailer fleet list, in accordance with subsection (c)(d) (2). 

(C) Copy of registration for each trailer listed on the trailer fleet list.

(D) (C) Large fleet compliance plan base number, calculated in 

accordance with subsection (d)(e) (1). 

(E) (D) Compliance plan base list, in accordance with subsection (c)(d)(3). 

(F) (E) Annual complianceconformance number for each compliance 

year, calculated in accordance with subsection (d)(e) (5). 

(G) (F) Annual complianceconformance commitment list for each 

compliance year, in accordance with subsection (c)(d)(4). 

(H) (G) Early compliance option reporting, if applicable: If a trailer owner 

elects to delay the compliance of trailers retrofits and retirements in 

accordance with subsection (a)(b)(4) , Early compliance option, such 

owner must submit the following trailer information within the 

compliance plan: 

1. Early compliance trailer number: The number of early compliance 

trailers determined in accordance with subsection (b)(4), that are 

in compliance by December 31, 2009 and are used to delay the 
A-28 

retrofit or retirement of delayed compliance trailers, as defined in 

subsection (a)(4). 

2. Early compliance trailer list: A trailer owner participating in the 

early compliance option must clearly identify on the trailer fleet list 

all early compliance trailers. 

3. Evidentiary documentation for early compliance trailers: In order 

for the Executive Officer to recognize early compliance trailers, a 

trailer owner must submit proper evidentiary documentation, such 

as purchase receipts, demonstrating that, by December 31, 2009, 

such trailers were already in compliance. In lieu of purchase 

receipts, other documentation may also be acceptable as 

determined by the Executive Officer.

4.3. Delayed compliance trailer number, calculated in accordance with 

subsection (d)(e) (3). 

5.4. Delayed compliance trailer list: A trailer owner participating in the 

early compliance option must clearly identify on the trailer fleet list all 

delayed compliance trailers. 

(3) Large fleet compliance plan revision: A trailer owner may make certain 

revisions to retrofit and retirementthe annual conformance commitments

lists reported scheduled for compliance years 2013, 2014, and 2015four, 

five, and six, electronically or by submitting a document titled, “Large Fleet 

Compliance Plan Revision,” by July 1, 2013. By submitting this document, 

Although this allows a trailer owner may re-designate to redistribute trailers

retrofit and retirement commitments among the final three annual 

conformance commitment lists, within compliance years four, five, and six, 

so long as the number of trailers the trailer owner may not alter the number 

of trailers identified on each list that are brought into compliance each 

compliance year does not change. If participating in the early compliance 

option, a trailer owner may also redistribute trailers amongst the annual 

conformance commitment list for compliance years 2013, 2014, and 2015 

and the list of delayed compliance trailers. 

(4) Early compliance option: Under the early compliance optionSubject to the 

requirements and limitations set forth in this subsection, for every one early 

compliance trailer in an owner’s fleet, a trailer owner may delay the retrofit 

or retirementreplacement of 1.5 nonconformingnon-compliant trailers until 

December 31, 2016. for every one trailer that is in compliance by December 

31, 2009. For the purposes of the early compliance option, an “early 

compliance trailer” means a trailer that is in compliance by December 31, 

2009 and for which the fleet receives credit towards delaying the retrofit or 
A-29 

retirement of other trailers until 2016. In addition, a “delayed compliance 

trailer” means a trailer for which compliance will be delayed until 2016.

(A) Maximum allowable number of early delayed compliance trailers, as 

calculated in accordance with subsection (e)(4): A trailer owner 

participating in the early compliance option may not delay the 

compliance of more trailers thanThe number of early compliance 

trailers within a fleet may not exceed the equivalent of 2030 percent of 

the sum of: 1) all trailers that the owner elects to bring into compliance 

under the large fleet compliance schedulewithin the compliance base

and 2) the total number of early compliance trailers within the fleet that 

are in compliance before January 1, 2010. For verification purposes, 

the maximum allowable delayed compliance trailer number may be 

calculated in accordance with subsection (d)(4). 

(B) A trailer owner must bring all delayed compliance trailers into 

compliance by December 31, 2016before January 1, 2017. 

(C) Early compliance option report: To participate in the early compliance 

option, a trailer owner must submit all information required by 

subsection (a)(b)(2)(HG), Early compliance option report, by July 1, 

2010, as part of in the large fleet compliance plan by July 1, 2010.

(b)(c) Small Ffleet Ccompliance Sschedule 

(1) Minimum fleet complianceconformance thresholds (Table 2): A trailer owner 

participating in the small fleet compliance schedule must ensure that the 

percentage of compliant trailers on the compliance plan base list, as defined 

in subsection (c)(d) (3), is equal to or greater than: 

(A) 25 percent by December 31, 2013beginning January 1, 2014, 

(B) 50 percent by December 31, 2014beginning January 1, 2015, 

(C) 75 percent by December 31, 2015beginning January 1, 2016, and 

(D) 100 percent by December 31, 2016beginning January 1, 2017. 
A-30 

Table 2: Minimum Fleet ComplianceConformance Thresholds for the Small Fleet Compliance 

Schedule 

Compliance 

Year (Y) 

Minimum Fleet 

ComplianceConformance

Threshold (PY) 

Conformance Threshold

Deadline

2013 25% January 1, 2014

2014 50% January 1, 2015

2015 75% January 1, 2016

2016 100% January 1, 2017

(2) Small fleet compliance plan: To participate in the small fleet compliance 

schedule, a trailer owner must provide the following information to the 

Executive Officer, electronically or in a document package entitled “Small 

Fleet Compliance Plan,” by July 1, 2012. This documentsubmittal must 

include the following: 

(A) Statement of intent, in accordance with subsection (c)(d) (1). 

(B) Trailer fleet list, in accordance with subsection (c)(d) (2). 

(C) Copy of registration for each trailer listed on the trailer fleet list.

(D) (C) Small fleet compliance plan base number, calculated in 

accordance with subsection (d)(e) (2). 

(E) (D) Compliance plan base list, in accordance with subsection(c)(d)(3) 

(F) (E) Annual complianceconformance number for each compliance 

year, calculated in accordance with subsection (d)(e)(5). 

(G) (F) Annual complianceconformance commitment list for each 

compliance year, in accordance with (c)(d) (4). 

(c)(d) General Compliance Plan Components 

(1) Statement of intent: The statement of intent must be provided to the 

Executive Officer as part of the owner’s compliance plan by the applicable 

compliance plan due date specified in the applicable compliance schedule. 

The statement of intent must include the following:

(A) A statement indicating that the trailer owner elects to participate in an 

optional trailer fleet compliance schedule. 

(B) A statement identifying the compliance schedule in which the trailer 

owner elects to participate. 
A-31 

(C) For trailer owners electing to participate in the small fleet compliance 

schedule, a statement affirming that such the owner’s trailer fleet 

contains 20 or fewer 53-foot or longer box-type trailers. 

(D) A statement affirming that, except for exempted trailers and trailers to 

be brought into compliance in accordance with the refrigerated fleet 

compliance provision, the trailer owner will bring all 

nonconformingnon-compliant trailers subject to the requirements of this 

regulation into compliance in accordance with the applicable 

compliance schedule. 

(E) A statement affirming that the trailer owner understands that 

participation in an applicable compliance schedule may be terminated 

by the Executive Officer should the fleet owner, or any of the owner’s

vehicles, be found in violation of this regulation. 

(F) A statement affirming that the trailer owner understands that if 

participation in a compliance schedule is terminated by the Executive 

Officer, the owner must bring all affected trailers into compliance within 

90 days or by December 31, 2012, whichever is later, but in no case

later than December 31, 2015 if participating in the large fleet 

compliance schedule and December 31, 2016 if participating in the 

small fleet compliance schedule. of the final compliance year of the 

applicable compliance schedule.

(G) A statement affirming that the trailer owner understands that if 

participation in an applicable trailer fleet compliance schedule is 

withdrawn, such owner maywill not be allowed to not operate a 

nonconformingnon-compliant trailer on a California highway after 

December 31, 2012, beginning January 1, 2013, except for 

refrigerated-van trailers that are eligible for the compliance deadlines 

set forth in will be brought into compliance in accordance with the 

refrigerated fleet compliance provision.section 95303(b)(3)(B)2 and 

exempted trailers.

(H) A statement affirming that the trailer owner agrees to allow the 

Executive Officer, or any person authorized by the Executive Officer, to 

conduct periodic audits of vehicles and records to ensure compliance 

with the applicable compliance schedule, this regulation, and other air 

quality regulations. 

(I) A signature, or electronic attestation, of the trailer owner or, where 

applicable, a corporate company or governmental official, affirming that 

all information contained within the compliance plan, including 

information contained within the statement of intent and the trailer fleet 

list, is true and correct. 
A-32 

(2) Trailer fleet list: The trailer fleet list, as defined in this subsection, must be 

provided to the Executive Officer as part of the owner’s compliance plan by 

the applicable compliance plan due date specified in the applicable 

compliance schedule. Except upon specific Executive Officer approval, the 

trailer owner may not change the number or identity of trailers included on 

the trailer fleet list once the submission due date for the applicable 

compliance plan has passed. The trailer fleet list must include the following: 

(A) Name of trailer fleet owner, or responsible official and title if the owner 

is a business entity or governmental agencyOwner’s name

(B) Name of company, corporation, or governmental agency 

 

(C) Corporate parent (if applicable) Company’s motor carrier identification 

number and type, if applicable

(D) PhysicalCompany address including city, state or province, zip code,

colonia (Mexico only), and country

(E) Mailing address including city, state or province, zip code, colonia 

(Mexico only), and country

(F) Physical address of location where records pertaining to the applicable 

compliance schedule will be maintained including city, state or 

province, zip code, colonia (Mexico only), and country

(G) Name of contact person 

(H) Telephone number 

(I) Email address (if available) 

(J) Company taxpayer identification number, if applicable

(K) Name of corporate parent, if applicable 

(L) DOORS identification number of corporate parent, if applicable

(K)(M) List of all 2010 and previous model-year 53-foot or longer box-type 

trailers that are subject to the requirements of this subarticle that

operate in California while the owner is participating in an optional trailer

fleet compliance schedule including compliant, nonconforming, and 

exempted trailers.:, 

 1. For an owner who elects to participate in the large fleet 
A-33 

compliance schedule, the trailer list must include all trailers that 

will operate in California including compliant trailers, noncompliant

trailers, exempted trailers, and refrigerated trailers that are eligible 

for the compliance deadlines set forth in section 95303(b)(3)(B)2. 

2. For an owner that elects to participate in the small fleet compliance 

schedule, the trailer list must include all trailers in the owner’s fleet, 

including compliant trailers, noncompliant trailers, exempted 

trailers, and refrigerated trailers that are eligible for the compliance 

deadlines set forth in section 95303(b)(3)(B)2. For the sole 

purpose of documenting the owner’s eligibility for the small fleet 

compliance schedule, the trailer list for those submitting a small 

fleet compliance plan must also include trailers in the fleet that do 

not travel on California highways.

(N) For each trailer listed, provide the following: 

1. Trailer type (dry van or refrigerated van) 

2. Vehicle identification number (VIN)

2.3. Trailer make 

3.4. Trailer model 

4.5. Trailer model year 

5.6. License plate number 

6.7. State or province of registration 

8. Registration type (state, IRP, temporary, seasonal, monthly, or 

other)

 9. Country of registration

7.10. Compliance status (compliant, nonconforming, or noncompliantexempted) 

11. Exemption Status (not exempt, local-haul exempt, dedicated to 

short-haul or local-haul tractors)

12. California operating status (indicate whether the trailer will 

operate in California during the applicable optional compliance 

schedule)
A-34 

For each refrigerated-van trailer listed, also provide the following:

2. Transport refrigeration unit make

3. Transport refrigeration unit model

10.13. Transport refrigeration unit model year (as applicable) 

11. Transport refrigeration unit serial number

12. Transport refrigeration unit engine make

13. Transport refrigeration unit engine model

14. Transport refrigeration unit engine model year (as applicable) 

15. Transport refrigeration unit engine serial number

(3) Compliance plan base list: The compliance plan base list is the list the 

subset of nonconformingall non-compliant trailers identified inon the trailer 

fleet list, in accordance with subsection (c)(2)(K), as trailers that will be 

brought into compliance in accordance with the applicable compliance 

schedule. Trailers that are not early compliance trailers but are in 

compliance before January 1, 2010, may also be included on the 

compliance plan base list and used to meet minimum fleet conformance 

thresholds. The compliance plan base list shall not include the following 

trailers: 

(A) Exempted trailers, including those local-haul trailers exempt under 

subsection 95305(c).

(B) Refrigerated-van trailers that are eligible for the compliance deadlines 

set forth in section 95303(b)(3)(B)2.to be brought into compliance in 

accordance with the refrigerated fleet compliance provision

(C) Early compliance trailers used to delay the retrofits and retirements of 

delayed compliance trailers, if applicable 

(D) Delayed compliance trailers, if applicable 

(E) Trailers that will not operate in California for the duration of the 

applicable trailer fleet compliance schedule

Trailers that are in compliance by December 31, 2009 and not used to delay 

the retrofit or retirement of of delayed compliance trailers may also be 
A-35 

included on the compliance base list and used to meet minimum fleet 

compliance thresholds. 

(4) Annual complianceconformance commitment list: The annual

complianceconformance commitment list for a particular compliance year is 

the list of the subset of trailers withinon the compliance plan base list that 

the owner commits to bring into compliance to meet the minimum fleet 

conformance threshold that will take effect on January 1 of the following 

yearby December 31 of that compliance year. For each compliance year’s 

annual complianceconformance commitment list, the trailer owner must list 

a sufficient number of trailers to meet or exceed the annual 

complianceconformance number for that same year. On the annual 

compliance commitment list, the trailer owner must list all trailers by their 

license plate number and state of registration, or by another method 

acceptable to the Executive Officer, which also allows for the identification 

of these trailers on the owner’s trailer fleet list. 

(d)(e) Calculation Methodology 

(1) Large fleet compliance plan base number: The compliance plan base 

 number for large fleets is the number of trailers that a trailer owner elects to 

bring into compliance in accordance with the large fleet compliance 

schedule. 

 

NB = NT – N2016D – NE – NR – NX (Equation 1) 

“NB” = Large fleet compliance plan base number 

“NT” = Total number of trailers listed on the trailer fleet list 

“N2016D” = Number of Ddelayed compliance trailers number, as 

determined in accordance with subsection (d)(e) (3), if applicable 

“NE” = Number of early compliance trailers, not to exceed NE, max

as determined in accordance with Equation 5, if applicable 

“NR” = Number of nonconforming refrigerated-van trailers that are 

eligible for the compliance deadlines will be brought into 

compliance in accordance with the refrigerated fleet compliance 

provision set forth in section 95308,95303 (b)(3)(B)2.a through 

(b)(3)(B)2.c, if applicable 

“NX” = Number of trailers with a compliance status trailer fleet list

exemption status of “exempted””local-haul exempt,” “dedicated to 

short-haul tractors,” or “dedicated to local-haul tractors” on the 

trailer fleet list, if applicable 
A-36 

(2) Small fleet compliance plan base number: The compliance plan base 

number for small fleets is the number of trailers that a trailer owner elects to 

bring into compliance in accordance with the small fleet compliance 

schedule. 

NCA = NT – NNC (Equation 2)

“NCA” = Total number of trailers in California fleet

“NT” = Total number of trailers listed on the trailer fleet list

“NNC” = Number of trailers that will not operate in California for the 

duration of an applicable trailer fleet compliance schedule 

NB = NT NCA – NR – NX (Equation 23) 

“NB” = Small fleet compliance plan base number 

“NT” = Total number of trailers listed on the trailer fleet list

“NCA” = Total number of trailers in California fleet, as determined 

in accordance with Equation 2.

“NR” = Number of nonconforming refrigerated trailers that are 

eligible for the compliance deadlines will be brought into 

compliance in accordance with the refrigerated fleet compliance 

provision set forth in section 95308,95303 (b)(3)(B)2.a through 

(b)(3)(B)2.c, if applicable 

“NX” = Number of trailers with a compliance status trailer fleet list 

exemption status of “exempted” “local-haul exempt,” “dedicated 

to short-hail tractors,” or “dedicated to local-haul tractors,”on the 

trailer fleet list, if applicable 

(3) Large fleet Ddelayed compliance trailer number: The delayed compliance 

trailer number is the number of trailers for which compliance may be 

delayed until 2016, pursuant to subsection (a)(b)(4), Early Compliance 

Option. 

N2016D = NE x 1.5 (Equation 4) 

“N2016D” = Delayed compliance trailer number, if applicable. If 

N2016D is not a whole number, round down to the next whole 

number. 
A-37 

“NE” = Number of early compliance trailers, not to exceed NE, max

as determined in accordance with Equation 5.

(4) Large fleet Mmaximum allowable number of early compliance delayed 

compliance trailers number: The resultant number must be rounded down to 

the nearest whole trailer 

N2016E, max = (NT – NR – NX NB + NE) x 0.300.20 (Equation 35) 

“N2016E, max” = Maximum allowable number of early compliance

delayed compliance trailers number. If N2016E, max is not a whole 

number, round down to the next whole number. 

“NB” = Large fleet compliance plan base number, as determined 

in accordance with subsection (d)(1)

 

“NE” = Number of early compliance trailers 

“NT” = Total number of trailers listed on the trailer fleet list

“NR” = Number of refrigerated-van trailers that are eligible for the 

compliance deadlines set forth in section 95303 (b)(3)(B)2.a 

through (b)(3)(B)2.c, if applicable

“NX” = Number of trailers with a trailer fleet list exemption status of 

“local-haul exempt” “dedicated to short-haul tractors,”, or

”dedicated to local-haul tractors,” if applicable. 

(5) Annual complianceconformance number: The annual compliance

conformance number is the number of trailers that a trailer owner must bring 

into compliance by December 31 of a particular compliance year to ensure 

that the percentage of compliant trailers within the compliance plan base list

meets or exceeds the applicable minimum fleet complianceconformance

threshold that takes effect on January 1 of the following year for that year. 

NY = (NB x PY/100) – NC, Y-1 (Equation 56) 

“NY” = Annual complianceconformance number for compliance 

year Y. If NY is not a whole number, round up to the next whole 

number if the fractional part is equal to or greater than 0.5, and 

round down if less than 0.5. 

“NB” = Large fleet or small fleet compliance plan base number, as 

determined in accordance with subsection (d)(e) (1) for large 

fleets or (d)(e) (2) for small fleets 
A-38 

“PY” = Minimum fleet complianceconformance threshold for 

compliance year Y, as defined in subsection (a)(b) (1) for large 

fleets and (b)(c) (1) for small fleets, expressed as a fraction (e.g.

5% is entered into equation as 0.05). 

“NC, Y-1” = Total number of trailers within the compliance base that 

would already be in compliance prior to January 1 of compliance 

year Y. This number doesmust not include early compliance 

trailers for which a fleet has received credit towards delaying the 

compliance of other trailers, pursuant to subsection (a)(4), Early 

Compliance Option.

(e)(f) General Rrequirements Ffor Aall Ccompliance Sschedules: To participate in an 

applicable trailer fleet compliance schedule, a trailer owner must comply with the 

following requirements. 

(1) The trailer owner must ensure that, by December 31 of each compliance 

year, the percentage of compliant trailers withinon the owner’s compliance 

plan base list is equal to or greater than the applicable minimum fleet 

complianceconformance threshold for that compliance year. 

(2) The trailer owner must ensure that the number of trailers listed on each 

compliance year’s annual complianceconformance commitment list is equal 

to or greater than the applicable annual complianceconformance number for 

that compliancesame year. 

(3) The trailer owner must bring into compliance all trailers listed in each 

compliance year’s annual complianceconformance commitment list before 

January 1 of the following yearby December 31 of that compliance year. 

(4) The trailer owner must allow ARB representativesthe Executive Officer, or 

any other authorized enforcement personnel, to conduct periodic audits of 

records and equipment to verify compliance with an applicable compliance 

schedule, the owner’s compliance plan, and other applicable air quality 

regulations. 

(5) Should the Executive Officer terminate the trailer owner’s participation in a 

trailer feet compliance schedule, such trailer owner must bring all trailers 

into compliance within 90 days of such termination or by December 31, 

2012, whichever is later, but no later than December 31, 2015 if 

participating in the large fleet compliance schedule and December 31, 2016 

if participating in the small fleet compliance schedule. of the final 

compliance year of the applicable compliance schedule. 

(6) After December 31, 2012Starting January 1, 2013, except for eligible 

refrigerated-van trailers that the trailer owner elects to bring into compliance 
A-39 

in accordance with the refrigerated fleet compliance provisionsection 

95303(b)(3)(B)2 and exempted trailers, thea trailer owner may not allow the 

operation of a nonconformingnon-compliant trailer on a California highway if 

such owner withdraws participation from an applicable trailer fleet 

compliance schedule. 

(7) The trailer owner must provide to the Executive Officer any documentation 

and information required by an applicable trailer fleet compliance schedule 

by the compliance plan due date specified in such compliance schedule. 

(8) The trailer owner must ensure that all information and documentation 

provided to the Executive Officer is accurate and true. 

(9) The trailer owner must ensure that all required information and 

documentation is received by arrives at ARBthe Executive Officer by the 

applicable due dates. The Executive Officer will not be responsible for 

materials lost in transit. 

(10) If participating in the large fleet compliance schedule, the trailer owner must 

continue bringing trailers into compliance in accordance with the original 

compliance plan if a large fleet compliance plan revision is not submitted. 

(11) The trailer owner must maintain all documentation pertaining to an 

applicable compliance schedule at the location indicated on the trailer fleet 

list. 

(12) Upon the request of an ARB representativethe Executive Officer or other 

authorized enforcement personnel, the trailer owner must provide all 

information and documentation necessary to verify compliance with the

applicable compliance schedule, such owner’s compliance plan, this 

subarticle, including applicable compliance schedules and the owner’s 

compliance plan, and information and documentation necessary to verify 

compliance with any other air quality regulation. 

(13) A trailer owner who is participating in the small fleet compliance schedule 

may not allow a trailer subject to the requirements of this subarticle to 

operate on a California highway after July 1, 2012, unless 

(A) the trailer is listed on the owner’s trailer fleet list, or

(B) the trailer was acquired after July 1, 2012 and both of the following 

criteria are met:

1. the owner provides documented proof to the Executive Officer of 

the trailer’s acquisition (purchase or transfer of ownership) date, 

and
A-40 

2. the trailer is a compliant trailer, a refrigerated-van trailer that is 

eligible to be brought into compliance in accordance with the 

compliance deadlines set forth in section 95303(b)(3)(B)2, or 

exempt under section 95305.. A trailer owner may not allow a 

nonconforming trailer that will be brought into compliance in 

accordance with an applicable trailer fleet compliance schedule to 

operate on a California highway after December 31, 2012 unless 

such trailer is listed on the owner’s trailer fleet list and the owner 

remains eligible to participate in the trailer fleet compliance 

schedule.

(14) A trailer owner who is participating, or has participated, in a trailer fleet 

compliance schedule may not allow a nonconforming trailer that will be 

brought into compliance in accordance with the refrigerated fleet compliance 

provision to operate on a California highway after December 31, 2012 

unless such trailer is listed on such owner’s trailer fleet list.

(15)(14) The A trailer owner may not allow the operation of a 

nonconformingnon-compliant trailer on a California Highway after December 

31 of the compliance year in which the trailer wasis scheduled to be brought 

into complianceidentified on the annual compliance commitment list. 

(15) With the Executive Officer’s specific approval, a trailer owner may remove 

a trailer from a particular compliance year’s annual conformance 

commitment list for the purpose of re-designating such trailer into local-haul 

or short-haul service, thereby relieving such owner from the obligation of 

bringing that trailer into compliance. However, such owner must fill the

vacancy left on the affected annual conformance commitment list with 

another trailer from the owner’s final annual conformance commitment list 

on which at least one trailer is still listed. If such owner is participating in the 

early compliance option, the replacement trailer must be a delayed 

conformance trailer, if one still exists. 

(16) Except as provided in subsection (b)(3), a compliance plan revision may 

only be made with the approval of the Executive Officer if the Executive 

Officer determines that a company merger, acquisition, split, or other 

changed circumstances affecting operations of the owner, necessitate 

revisions to the compliance plan.

(17) Executive Officer approval will not be granted to allow a newly-formed 

business, or an existing business commencing operations in California, to 

participate in a compliance schedule after the submission due date for the 

applicable compliance plan has passed. 
A-41 

(18) The Executive Officer may make non-confidential information provided 

pursuant to an optional trailer fleet compliance schedule available to the 

public for the purpose of helping determine the compliance status of a trailer 

or fleet 

(19) Although participation in an optional trailer fleet compliance schedule does 

not require the Executive Officer’s specific approval, the Executive Officer 

may terminate a fleet’s participation in a compliance schedule if the fleet or 

any tractor or trailer within the fleet is found in violation of this subarticle. 

Should the Executive Officer terminate a fleet’s participation in a compliance 

schedule, the owner must bring all trailers into compliance within 90 days or 

by December 31, 2012, whichever is later, but in no case later than 

December 31, 2015, if participating in the large fleet compliance schedule, 

and December 31, 2016, if participating in the small fleet compliance

schedule. 

(20) A trailer owner who is participating in the large fleet compliance schedule 

may not allow a trailer subject to the requirements of this subarticle to 

operate on a California highway after July 1, 2010, unless 

(A) the trailer is a compliant trailer, or 

 

(B) the trailer is listed on the owner’s trailer fleet list and is in compliance 

with all requirements of the large fleet compliance schedule, or

(C) the trailer is a refrigerated-van trailer that is eligible to be brought into 

compliance in accordance with a compliance deadline set forth in 

section 95303 (b)(3)(B)2 and such deadline has not yet passed, or

(D) the trailer is exempt under section 95305.

(21) Any violation of the requirements of this subsection constitutes a violation of 

this subarticle.

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code. 

95308 Refrigerated Fleet Compliance Provision 

A trailer owner may bring 2003 through 2008 model-year 53-foot or longer 

refrigerated-van trailers equipped with 2003 and subsequent model-year TRUs into 

compliance in accordance with the refrigerated fleet compliance provision in lieu of 

meeting the January 1, 2013 compliance deadline set forth in section 95303(b)(3) or 

bringing such trailers into compliance in accordance with an applicable trailer fleet 

compliance schedule. 
A-42 

For the purposes of this subsection, bringing a trailer into “compliance” means 

retrofitting such trailer with the necessary technologies to meet the trailer requirements 

set forth in section 95303(b)(2) of this article or retiring such trailer from California 

service. In addition, a “trailer” means a 53-foot or longer box-type trailer, and a 

“nonconforming trailer” means a trailer that is not U.S. EPA SmartWay Certified nor is 

it yet equipped with the necessary technologies specified in section 95303(b)(2)(B). 

If also participating in an optional trailer fleet compliance schedule, a trailer owner may 

only bring a refrigerated-van trailer into compliance in accordance with this provision if 

such trailer is included on the trailer fleet list, as submitted in the applicable 

compliance plan. 

A nonconforming refrigerated-van trailer may not operate on a California Highway 

after December 31, 2012 unless such trailer is being brought into compliance under an 

applicable trailer fleet compliance schedule or has been reported in accordance with 

the refrigerated fleet compliance provision and is eligible to be brought into 

compliance in accordance with the refrigerated fleet compliance provision.

The Executive Officer may make information provided pursuant to the refrigerated 

fleet compliance provision available to the public for the purpose of helping determine 

the compliance status of a trailer.

(a) Refrigerated trailer compliance deadlines: A trailer owner electing to bring 

refrigerated-van trailers into compliance in accordance with the refrigerated fleet 

compliance provision must:

(1) Bring all 2003 and 2004 model year 53-foot or longer refrigerated-van 

trailers into compliance by December 31, 2017. A trailer owner subjected to 

this provision may not operate a nonconforming 2003 or 2004 model year 

refrigerated-van trailer on a California highway after December 31, 2017.

(2) Bring all 2005 and 2006 model year 53-foot or longer refrigerated-van 

trailers into compliance by December 31, 2018. A trailer owner subjected to 

this provision may not operate a nonconforming 2005 or 2006 model year 

refrigerated-van trailer on a California highway after December 31, 2018.

(3) Bring all 2007 and 2008 model year 53-foot or longer refrigerated-van 

trailers into compliance by December 31, 2019. A trailer owner subjected to 

this provision may not operate a nonconforming 2007 or 2008 model year 

refrigerated-van trailer on a California highway after December 31, 2019.

 
A-43 

Table 3: Refrigerated Fleet Compliance Deadlines

Compliance Deadlines Affected Trailer Model Years 

December 31, 2017 2003, 2004

December 31, 2018 2005, 2006

December 31, 2019 2007, 2008

(b) Refrigerated fleet compliance report: To be eligible to bring trailers into 

compliance in accordance with the refrigerated fleet compliance provision, a 

trailer owner must provide the following information, in a document entitled 

“Refrigerated Fleet Compliance Report,” by July 1, 2012. This document must 

include:

(1) If participating in an optional trailer fleet compliance schedule, the applicable 

trailer fleet list, prepared in accordance with section 95307 (c)(2), including 

the identification of all trailers that the owner elects to bring into compliance 

in accordance with the refrigerated fleet compliance provision

(2) If not participating in an optional trailer fleet compliance schedule, a 

refrigerated trailer fleet list, which must include the following information:

(A) List of all trailers that the trailer owner will bring into compliance in 

accordance with the refrigerated fleet compliance provision.

(B) Owner’s name

(C) Name of company or agency

(D) Corporate parent (if applicable)

(E) Physical address

(F) Mailing address

(G) Physical address of location where records pertaining to the applicable 

compliance schedule will be maintained

(H) Name of contact person

(I) Telephone number

(J) Email address (if available)

(K) Company taxpayer identification number

(L) For each trailer listed:
A-44 

1. Trailer make

2. Trailer model

3. Trailer model year

4. License plate number

5. State of registration

6. Transport refrigeration unit make

7. Transport refrigeration unit model

8. Transport refrigeration unit model year

9. Transport refrigeration unit serial number

10. Transport refrigeration unit engine make

11. Transport refrigeration unit engine model

12. Transport refrigeration unit engine model year

13. Transport refrigeration unit engine serial number

(3) Copy of registration for all trailers that the owner will bring into compliance in 

accordance with the refrigerated fleet compliance provision.

(4) Statement of intent, which includes the following:

(A) A statement affirming that the owner elects to bring applicable trailers 

into compliance in accordance with the refrigerated fleet compliance 

schedule.

(B) A statement affirming that all trailers that the trailer owner elects to 

bring into compliance in accordance with the refrigerated fleet 

compliance provision are 2003 through 2008 model year 53-foot or 

longer refrigerated-van trailers with 2003 and subsequent model year 

TRUs.

(C) A statement affirming that all affected trailers will be brought into 

compliance by the applicable compliance deadlines specified in 

subsection (a), Refrigerated trailer compliance deadlines.
A-45 

(D) A signature of the trailer owner or a corporate official affirming that all 

information contained within the refrigerated fleet compliance report, 

including information contained within the statement of intent and the 

trailer fleet list, is true and correct.

(c) Other Requirements

(1) Only refrigerated-van trailers equipped with a functional TRU are eligible to 

be brought into compliance in accordance with the refrigerated fleet 

compliance provision.

(2) For applicable refrigerated fleets that begin service in California after 

December 31, 2012, the refrigerated fleet compliance report must be 

submitted to the Executive Officer prior to operating any nonconforming 

2003 through 2008 model-year 53-foot or longer refrigerated-van trailer 

equipped with 2003 and subsequent model-year TRUs on a California 

highway.

(3) If the trailer owner elects to begin participation in the refrigerated fleet 

compliance provision after December 31, 2016, such fleet must ensure that 

all trailers subjected to previous deadlines, as applicable, are in compliance.

(4) Notwithstanding any other requirements of the refrigerated fleet compliance 

provision, a trailer owner may not allow any nonconforming refrigerated-van 

trailer subjected to this regulation to operate on a California highway after 

December 31, 2019.

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code.

95309 95308 Enforcement. 

Enforcement of this subarticle may be carried out by authorized representatives of the 

ARB, peace officers as defined in California Penal Code, title 3, chapter 4.5, sections 

830 et seq. and their respective law enforcement agencies; and authorized 

representatives of air pollution control or air quality management districts. 

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code. 

95310 95309 Right of Entry 

For purposes of inspecting HD tractors and box-type trailers covered in the subarticle, 

and inspecting or auditing the records of drivers, owners of trailers and tractors, motor 

carriers, California-based brokers, and California-based shippers to determine 
A-46 

compliance with this subarticle, an agent or employee of ARB, upon presentation of 

proper credentials, has the right to enter any facility (with any necessary safety 

clearances) where HD tractors and box-type trailers are located or HD tractor and boxtype trailer records, including dispatch records, are kept. 

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code. 

9531195310 Penalties. 

As provided in Health and Safety Code section 38580, any person who violates any 

requirement of this subarticle is subject to the penalties set forth in Article 3 

(commencing with section 42400) of Chapter 4 of Part 4, Division 26 of the Health and 

Safety Code. Failure to comply with any requirement of this subarticle shall constitute 

a single, separate violation for each day during any portion of which the person is not 

in compliance. 

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code. 

9531295311 Severability. 

If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of 

the subarticle is, for any reason, held invalid, unconstitutional, or unenforceable by any 

court of competent jurisdiction, such portion shall be deemed as a separate, distinct, 

and independent provision, and such holding shall not affect the validity of the 

remaining portions of this subarticle 

 

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code.