## Appendix C

Proposed Regulation Order

Amendments to the Tractor-Trailer Greenhouse Gas RegulationC-1 PROPOSED REGULATION ORDER

REGULATION TO TO REDUCE GREENHOUSE GAS

EMISSIONS FROM HEAVY-DUTY VEHICLES

Note: Proposed amendments are shown in underline to indicate additions and

strikeout to indicate deletions, compared to the preexisting regulatory language.

Amend subarticle 1, sections 95300 to 95312, title 17, California Code of Regulations,

to read as follows.



### Subarticle 1: Heavy-Duty Vehicle Greenhouse Gas Emi ssion Reduction

Measure Regulation

95300 Purpose.

The purpose of this subarticle is to reduce greenho use gas emissions from heavy-duty (HD) tractors and 53-foot or longer box-type semitr ailers (trailers) that transport freight on a highway within California.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95301. Applicability.

(a) This subarticle applies to owners and drivers o f the following equipment when driven on a highway within California, as well as m otor carriers, California-based brokers, and California-based shippers that use, or cause to be used, the following equipment on a highway within California:

(1) HD tractors that pull 53-foot or longer box-typ e trailers; and

(2) 53-foot or longer box-type trailers that are pu lled by HD tractors.

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

(1) drop-frame trailers;

(2) chassis trailers;

(3) curtain-side trailers;

(4) livestock trailers;C-2

(5) refuse trailers;

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

(7) emergency vehicles; and

(8) military tactical support vehicles.

(c) In accordance with the provisions of section 95 305, Exemptions, specified requirements of this subarticle do not apply to:

(1) local-haul trailers and the tractors pulling lo cal-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 dra yage tractors. , and

(5) storage trailers.

(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 mustprovide 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 Res ource s Board Heavy

- Duty

Vehicle Greenhouse Gas Emission Reduction Measu re. These vehicles

may be required to use low

- rolling resistance tires and meet aerodynamic equipment requirements to reduce greenhouse gas emi ssions. For more information, please visit th e California Air Resources Board website at http://www.arb.ca.gov/cc/hdghg/hdghg.htm.”

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95302. Definitions.

(a) The following definitions apply to this subarti cle:

(1) “Aerodynamic technologies” means components designed to reduce wind resistance on the tractor or trailer resulting in i mproved overall tractor fuel economy and reduced carbon dioxide emissions. Ther e are two types of aerodynamic technologies: fairings and flow control devices.C-3

(2) “Box-type trailer”

means a dry-van trailer or refrigerated-van traile r that is not a drop-frame trailer.

(3) “Broker”

means a person who, for compensation, arranges or offers to arrange the transportation of property by a motor c arrier. A motor carrier, or person who is an employee or bona fide agent of a c arrier, 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.

(4) “Cab side extender ” means a flow control device placed vertically on the rear side of the tractor that reduces the space bet ween 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 tr ansportation.

(7) “Chassis trailer”

means a trailer composed of a simple chassis for t he 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 fol lowing year.

(9) “Compliant trailer” means a trailer that complies with the equipment requirements set forth in sub section 95303(b). For the purposes of the optional trailer fleet compliance schedules, to bri ng a trailer into compliance

means to either retrofit the trailer with the neces sary aerodynamic technology or technologies equipm ent to comply with the equipment requirements set forth in sub section 95303(b), as applica ble, or remove the

trailer from the owner’s fleet 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 in section 95307, Optional Trailer Fleet Compliance Schedules, Tables 1, and 2, and 3 . A conformance threshold defines the percentage of trailers in a fleet that are required to be compliant in accordance with a large fleet compliance schedul e or a small fleet compliance schedule.

(11) “Curtain-side trailer” means a trailer with tarp sides that can be loaded from the sides, top, or rear.C-4

(12) “Delayed compliance trailer” means a trailer for which compliance may be delayed pursuant to su b section 95307(b)(4).

(13) “Dispatch” means to coordinate delivery, pickup, and drop-off schedu les of vehicles; and monitor the delivery of freight from these vehicles.

(14) “Dispatch driver

” means the driver of a HD tractor that has been di spatched by a motor carrier or broker.

(1 5 ) “ DOORS

” (Diesel O n

- road and O ff

- road Reporting System) is the on

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

r egulation for i n

- u se o n

- r oad d iesel v ehicles and the r egulation for i n

- u se

o ff

- r oad d iesel v ehicles.

(16 5 ) “Drayage tractor” means any in-use on-road tractor with a gross vehi cle weight rating of greater than 33 26 ,000 pounds or greater operating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloading or transporting freight cargo, such as containerized, bulk

or break

- bulk goods

.

(17 6 ) “Driver”

means a person who physically operates a HD tracto r.

(18 7 ) “Drop-frame trailer” means an enclosed rectangular trailer with a deck that is lower to the ground in the area between the trailer hitch and the trailer wheels, to create more cargo space.

(19 8 ) “Dry-van trailer” means an enclosed rectangular non

- climate controlled trailer that is not a refrigerated-van trailer

.

(2 0 19 ) “Early compliance trailer” means a trailer that has been brought into compliance with the equipment requirements set fort h in sub section 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

sub section 95307(b)(4), that may be used to delay the compliance of delayed compliance trailers.

(21 0 ) “ Emergency vehicle” means a vehicle as defined in California Vehicle

Code S s ection 165.

(21) “Empty trailer” means a trailer that does not contain freight. A t railer that contains only items used for the handling or securi ng of freight, such as moving blankets, straps, moving dollies, and tool k its that are used in the transport of other items in the trailer, or to main tain the tractor or trailer on the road, is considered an empty trailer.C-5

(22) “Fairing” means a structure with smoothly contoured solid sur faces that reduces the wind resistance of the objects they it covers

.

(23) “Fleet”

means one or more trailers owned by a person, busi ness, or government agency. A fleet consists of the total n umber of 53-foot or longer box-type trailers under common ownership or control even if they are part of different subsidiaries, divisions, or other organiz ational structures of a

company or agency.

(24) “Flow control device” means a design element that manipulates the air flo w around an object by changing the air flow character istics in order to reduce the pressure force exerted on the vehicle.

(25) “Freight” means any item being transported for delivery in a 53-foot or longer box-type trailer. Items that remain in the trailer after all freight is delivered are not considered freight. These includ e items that are used exclusively to secure items being transported in th e trailer, protect items being transported in the trailer, load items being transported in the trailer, or repair the tractor or trailer. Items that are not considered freight could include moving blankets, straps, tool kits, and mov ing dollies.

(25 6 ) “Fuel tank fairing”

, also known as a chassis skirt, means a fairing

located at the base of the cab between the front wh eel of the tractor and the forward-most rear wheel, covering the open space an d streamlining the fuel

tank.

(26 7 ) “Good operating condition”means the condition of a HD tractor or boxtype trailer that meets the applicable standards in section 95304, Good Operating Condition Requirements for continued aerodynamic efficiency.

(27 8 ) “Gross vehicle weight rating” or “GVWR”

means the “ GVWR” as defined

in California Vehicle Code S s ection 350.

(28 9 ) “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).

(2 9 30 ) “Highway”

means a “highway” as defined in California Vehicle Code

section 360.

(30 1 ) “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.C-6

(32) “Intermodal railyard” means any rail facility where trailers are transfer red from drayage tractor to train or vice-versa.

(31 3 ) “Livestock trailer” means a semitrailer designed to transport live anim als.

(32 4 ) “Local- haul base” means the location where a local-haul tractor or lo calhaul trailer is garaged, maintained, and or from which it is routinely dispatched.

(33 5 ) “Local-haul tractor” means a HD tractor that travels exclusively within a
100- mile radius of its local-haul base.

(34 6 ) “Local-haul trailer” means a 53-foot or longer box-type trailer that tra vels exclusively within a 100- mile radius of its local-haul base.

(35 7 ) “Low- rolling- resistance tire” means a tire that is designed to improve 

### fuel efficiency of a tractor pulling a trailer by minimi zing its rolling resistance,

which consists of the energy lost as heat within the rubber itself, a s 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 rolli ng under load; rolling resistance is expressed as the energy consumed per unit distance as the

tire rolls under load.

(36 8 ) “Military tactical support vehicle” means a “Military Tactical Support Vehicle” as defined in title 13, California Code of Regulations (CCR), section

1905.

(37 9 ) “Motor carrier” means a “Motor carrier” as defined in California V ehicle

Code S s ection 408.

(40) “Non-compliant Tractor Pass” means a temporary permit issued by the Executive Officer in accordance with the requiremen ts of section 95305(i) that allows a HD tractor to pull a 53-foot or longe r box-type trailer on a highway within California without meeting the requi rements of sections 95303(a) and 95305(b) for a defined time period not to exceed three consecutive days.

(41) “Ocean-going vessel” means a commercial, government, or military vessel meeting any one of the following criteria:

(A) A vessel greater than or equal to 400 feet in length overall (LOA) as defined in 50 Code of Federal Regulations (CFR) § 6 79.2, as adopted June 19, 1996;C-7

(B) A vessel greater than or equal to 10,000 gross tons (GT ITC) pursuant to the convention measurement (international system ) as defined in 46 CFR § 69.51-.61, as adopted September 12, 1989; or

(C) A vessel propelled by a marine compression ign ition engine with a percylinder displacement of greater than or equal to 3 0 liters.

(42) “Open-shoulder tire” means a tire that is constructed such that the two outer tread ribs, located where the tread and sidewalls m eet, are separated into individual tread blocks and is designed to improve traction when traveling on mud or snow covered highways.

(3 8 43 ) “Owner” of a tractor or trailer means the person or person s registered as the owner of the tractor or trailer b y the California Department of Motor Vehicles or its equivalent in another stat e, province, or country (presumed at the time of any citation to be the per son 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 respon sible for maintaining the tractor or trailer is the owner for purposes of this subarticle if the registered owner of the veh icle clearly demonstrates the person’s maintenance responsibilities include r esponsibility for installing and maintaining the tires and aerodynami c technologies required by this subarticle. Subsections (C), (D) and (E) and not this subsection apply to trac tors or trailers that are leased.

(B A ) for a tractor or trailer owned by the federal gov ernment and not registered in any state or local jurisdiction, the owner means the branch, agency or other organization within the fed eral government that operates the tractor or trailer, that is requi red to maintain accountability for the vehicle, or that is shown by the accountable entity to be responsible for the tractor’s or trailer’s ma intenance.

(C B ) for a leased tractor, the person or persons regi stered as the owner of the tractor or trailer by the California D epartment of Motor Vehicles or its equivalent in another state, provin ce, or country (usually the lessor) is the owner for purposes of this subar ticle, except that the lessee of the tractor is the owner for purposes of this subarticle if the lessor demonstrates that either the lessor provided the lessee with the following statement on a document separate from the lease
agreement, or 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 lon ger box-type trailer on a highway within California, the heavy-d uty tractor mustC-8 be compliant with sections 95300 – 95311 2 , title 17, California Code of Regulations, and that it is the responsibil ity 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 (U.S. EPA)

Verified SmartWay Verified Technologies prior to current or future use in California, or may entirely prohibit use of this tractor in California if it is a model year 2011 or later trac tor and is not a

U.S. EPA Certified

SmartWay Certified Tractor.”

(D C ) for a leased trailer that is leased prior to Jan uary 1, 2013, the person or persons registered as the owner of the tr actor 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 th e following requirements are met:

1. The lessor demonstrates that the lessor provided the lessee with actual written notice that clearly informed the les see about the requirements of this subarticle and about the lesse e’s obligation under terms of the lease to ensure the trailer comp lies with those requirements prior to use of the trailer in Califor nia. This requirement may be satisfied if either the lessee i s provided with the following statement on a document separate from the lease
agreement, or by inclusion of the following statement is included in the lease agreement:

“The lessee of this box-type trailer understands th at when using a heavy-duty tractor to pull a 53-foot or longer bo x-type trailer on a highway within California, the box-type traile r must be compliant with sections 95300 – 95311 2 , title 17, California Code of Regulations, and that it is the responsibil ity 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. En vironmental Protection Agency Verified SmartWay Verified Technologies prior to current or future use in California.”

2. The lessor demonstrates and informs the lessee that either:

a. the lease agreement permits does not prohibit the lessee from modifying the trailer to modify the trailer to be compliant with the requirements of this subarticle; orC-9 b. the lessor provides a reasonable method to excha nge the trailer for one that is compliant with this subarti cle.

( E D ) for a leased trailer that is leased on or after J anuary 1, 2013, the person or persons registered as the owner of the tr actor 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 either the lessor demonstrates that the lessor provided the lessee with the follow ing statement on a document separate from the lease agreement prior to entering the lease agreement, or

the lease agreement includes the following

statement:

“The lessee of this box-type trailer understands th at when using a heavy-duty tractor to pull a 53-foot or longer bo x-type trailer on a highway within California, the box-type traile r must be compliant with sections 95300 – 95311 2 , title 17, California Code of Regulations, and that it is the responsibil ity 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. En vironmental Protection Agency Verified SmartWay Verified Technologies prior to current or future use in California.”

(F E ) For purposes of this subarticle, the terms “lease agreement ,” “leased,” “lessor,” and “lessee” mean the same as “rental agr eement,” “rented,” “owner of the rented vehicle,” and “renter,” respec tively.

(3 9 44 ) “ Person ” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association , joint venture, government, governmental subdivision, agency, or instrumentalit y, public corporation, or any other legal or commercial entity.

(45) "Port" means the port property where marine and port termi nals are typically located for the loading and unloading of water-born e commerce onto and from ocean-going vessels. Ports covered by this regulation include, but are not limited to, the Port of Long Beach, Port of Los Angeles, Port of Humboldt Bay, Port of San Diego, Port of Hueneme, P ort of Oakland, Port of San Francisco, Port of Sacramento, Port of Stock ton, Port of Redwood City, Port of Crockett, Port of Richmond, Port of P ittsburg, and the Port of

Benicia.

(40 6 ) “Rear trailer fairing” means a fairing that attaches to the perimeter out er edges of the trailer’s rear-facing surface to provi de a continuous surface for the air passing over the side and top surfaces of t he trailer.C-10

(41 7 ) “Refrigerated-van trailer” means a rectangular trailer van that has a refrigeration or heating unit built into the front of the trailer to maintain precise temperatures and is designed to haul freigh t that requires climate control, such as used to haul frozen food, fresh produce, hot or warm food, and other perishable items.

(42 8 ) “Refuse trailer” means a trailer that is used to haul solid waste material. Solid waste includes garbage, constructi on debris, commercial refuse, and other discarded materials.

(49) “Relocation Pass” means a temporary permit issued by the Executive Officer in accordance with the requirements of sect ion 95305(f) that allows a

local-haul trailer to relocate to either a new loca l-haul base or to an out-ofstate location while hauling freight; a storage tra iler to relocate to a new storage location or to an out-of-state location whi le hauling freight; or an outof-state trailer to relocate to either a local-haul base or storage location while hauling freight without meeting all of the ap plicable requirements of sections 95303(b).

(43 50 ) “Semitrailer”

means a “Semitrailer” as defined in section 550 of the

California Vehicle Code.

(44 51 ) “Shipper”

means a person that has possession of freight prio r to its transportation. This may include, but is not limit ed to, owners of freight, distribution centers, and temporary freight storage facilities.

(45 52 ) “Short-haul tractor” means a HD tractor that travels less than 50,000 miles per year, including all miles accrued both in side and outside of

California

.

(4 6 53 ) “Sleeper cab”

means a HD tractor body that has a compartment, typically containing a bed, located behind the driving compartment.

(54) “Storage trailer” means a trailer that is used for the storage of ite ms at a

fixed location.

(4 7 55 ) “Tractor

” means a “Truck Tractor” as defined in section 655 of the

California Vehicle Code.

(4 8 56 ) “Trailer” means a semitrailer.

(57) “Transfer of Ownership Pass” means a temporary permit issued by the Executive Officer in accordance with the requiremen ts of section 95305(g) that allows a HD tractor to pull a non-compliant 53 -foot or longer box-type trailer on a highway within California without meet ing all of the applicableC-11

requirements of sections 95303(b) for the purpose o f delivering that trailer

from its current location to the transferee’s locat ion.

(4 9 58 ) “Transport refrigeration unit” or “TRU” means a refrigeration system powered by an integral internal combustion engine d esigned to control the environment of temperature sensitive products that are transported in trucks

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

(59) “TRUCRS (Truck Regulation Upload, Compliance, and R eporting System)” is the on-line reporting tool for this subarticle.

(5 0 60 ) “U.S. EPA Certified SmartWay Certified Tractor” means a tractor that has been certified by the United States Environment al Protection Agency (U.S. EPA) to meet the technical specifications and requirements of the U.S. EPA SmartWay Transport Partnership Program.

(5 1 61 ) “U.S. EPA Certified SmartWay Certified Trailer” means a 53-foot or longer box-type 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.

(5 2 62 ) “U.S. EPA SmartWay Transport Partnership Program” means the U.S. EPA’s voluntary program that is a collaboration bet ween the U.S. EPA and the transportation industry to improve energy effic iency, reduce greenhouse gas and air pollutant emissions, and improve energy security. This program establishes incentives for improving freight moveme nt efficiency and the fuel efficiency of freight moving equipment. Informatio n on the U.S. EPA

S martWay Transport Partnership Program is available from the SmartWay program office at 2000 Traverwood, Ann Arbor, Mich i g a n 48105 ; and at the U.S. EPA SmartWay website at http://www.epa.gov/smartway/

.

(5 3 63 ) “U.S. EPA Verified SmartWay Verified Technology” or “U.S. EPA

Verified SmartWay Verified 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 specificat ions and requirements of the U.S. EPA SmartWay Transport Partnership Program

.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95303 Requirements and Compliance Deadlines.

(a) Tractor Requirements.C-12

(1) Except as provided in sub section 95305, Exemptions, beginning 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 Certified Tractor.

(2) Except as provided in sub section 95305, Exemptions, beginning January 1, 2010, no 2011 or subsequent model year HD tractor, including but not limited to sleeper-cab HD tractors, pulling a 53-fo ot or longer box-type trailer shall operate on a highway within California unless such tractor’s tires are

U.S. EPA Verified SmartWay Verified Technologies.

(3) Except as provided in sub section 95305, Exemptions, beginning January 1,

2012 3 , no 2010 or previous model year HD tractor, pullin g a 53-foot or longer box-type trailer shall operate on a highway within California unless

such tractor’s tires are U.S. EPA Verified SmartWay Verified Technologies.

(b) Trailer Requirements.

(1) 2011 and Subsequent Model Year Dry-Van Trailer Requ irements.

Except as provided in sub section 95305, Exemptions, beginning January 1, 2010, no 2011 or subsequent model-year 53-foot or l onger dry-van trailer shall travel on a highway within California unless such trailer is either:

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

(B) equipped with both:

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

and

2. any combination of a dry-van trailer aerodynamic technology ies or combination of technologies that is either 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

.

a. a U.S. EPA SmartWay Verified Technology or combi nation of U.S. EPA SmartWay Verified Technologies that has been

demonstrated to the U.S. EPA to meet or exceed a 5 percent fuel savings in accordance with the requirements de fined by the U.S. EPA SmartWay Partnership Program, or

b. a U.S. EPA SmartWay Verified Technology or combi nation of U.S. EPA SmartWay Verified Technologies that met theC-13 criteria defined in section 95303(b)(1)(B)2.a.,but has been modified in any manner from the U.S. EPA SmartWay Verified Technology configurations. Only modificat ions that are required to enable a particular SmartWay techno logy to

be installed on a trailer are allowed. Such modific ations must not significantly increase the aerodynamic drag of the base, unmodified SmartWay Verified configuration, and the modifications may only be used if prior written app roval is

obtained from the Executive Officer. The Executive Officer will base his or her approval on information submit ted that describes the modification, the need therefore, and any test data or other information that demonstrates the pro posed modifications would not significantly increase the aerodynamic drag of the SmartWay Verified configura tion, and on good engineering judgment.

(2) 2011 and Subsequent Model Year Refrigerated-Van Tra iler Requirements.

Except as provided in sub section 95305, Exemptions, beginning January 1, 2010, no 2011 or subsequent model year 53-foot or l onger refrigerated-van trailer shall travel on a highway within California unless such trailer is either:

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

(B) equipped with both:

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

and

2. a dry-van trailer or refrigerated-van trailer a erodynamic technology a ny or combination of dry

- van trailer aerodynamic technologies that is either has been demonstrated to the U.S. EPA to meet or exceed a 4 percent fuel savings in a ccordance with the requirements defined by the U.S. EPA Smart Way Partnership Program

.

a. a U.S. EPA SmartWay Verified Technology or combi nation of U.S. EPA SmartWay Verified Technologies that has been

demonstrated to the U.S. EPA to meet or exceed a 4 percent fuel savings in accordance with the requirements de fined by the U.S. EPA SmartWay Partnership Program, or

b. a U.S. EPA SmartWay Verified Technology or combi nation of U.S. EPA SmartWay Verified Technologies that met the criteria defined in section 95303(b)(2)(B)2.a.,but has been modified in any manner from the U.S. EPA SmartWayC-14 Verified Technology configurations. Only modificat ions that are required to enable a particular SmartWay techno logy to

be installed on a trailer are allowed. Such modifi cations must not significantly increase the aerodynamic dra g of the base, unmodified SmartWay Verified configuration, a nd the modifications may only be used if prior written app roval is

obtained from the Executive Officer. The Executiv e Officer will base his or her approval on information submit ted that describes the modification, the need therefore, and any test data or other information that demonstrates the pro posed modifications would not significantly increase the aerodynamic drag of the SmartWay Verified configura tion, and on good engineering judgment.

(3) 2010 or Previous Model Year Dry-Van and Refrigerate d-Van Trailer Requirements.

(A ) Except as provided in section 95305, Exemptions, A a 2010 or previous model year 53-foot or longer box-type trailer pulle d by a HD tractor may not

travel on a highway within California unless all of the fo llowing requirements are met by the compliance dates specified. after the compliance deadlines in subsection (b)(3)(B) unless such trailer is eith er a dry

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

- van trailer that meets the requirements of subsecti ons (b)(2)(A) or (b)(2)(B).

(A) By January 1, 2017, a 2010 or previous model ye ar 53-foot or longer box-type trailer not identified in section 95303(b) (3)(F) must be equipped with tires that are U.S. EPA SmartWay Veri fied Technologies.

(B) For dry-van trailers not participating in an op tional trailer fleet compliance schedule as defined in section 95307, Optional Trailer Fleet Compliance Schedules, by January 1, 2013

, a 2010 or previous model year 53-foot or longer dry-van trailer must e ither be

1. a U.S. EPA SmartWay Certified Trailer, or

2. equipped with a dry-van trailer aerodynamic tech nology or combination of technologies that is either

a. a U.S. EPA SmartWay Verified Technology or combi nation of U.S. EPA SmartWay Verified Technologies that has beenC-15 demonstrated to the U.S. EPA to meet or exceed a 5 percent fuel savings in accordance with the requirements de fined by the U.S. EPA SmartWay Partnership Program, or

b. a U.S. EPA SmartWay Verified Technology or combi nation of U.S. EPA SmartWay Verified Technologies that met the criteria defined in section 95303(b)(3)(B)2.a.,but has been modified in any manner from the U.S. EPA SmartWay Verified Technology configurations. Only modificat ions that are required to enable a particular SmartWay techno logy to

be installed on a trailer are allowed. Such modifi cations must not significantly increase the aerodynamic dra g of the base, unmodified SmartWay Verified configuration, a nd the modifications may only be used if prior written app roval is

obtained from the Executive Officer. The Executive Officer will base his or her approval on information submit ted that describes the modification, the need therefore, and any test data or other information that demonstrates the pro posed modifications would not significantly increase the aerodynamic drag of the SmartWay Verified configura tion, and on good engineering judgment.

(C) For refrigerated-van trailers not participating in an optional trailer fleet compliance schedule as defined in section 95307, Optional Trailer Fleet Compliance Schedules, and not identified in section 95303(b)(3)(F), by January 1, 2013, a 2010 or previ ous model year 53-foot or longer refrigerated-van trailer must eit her be

1. a U.S. EPA SmartWay Certified Trailer, or

2. equipped with a dry-van or refrigerated-van trai ler aerodynamic technology or combination of technologies that is e ither

a. a U.S. EPA SmartWay Verified Technology or combi nation of U.S. EPA SmartWay Verified Technologies that has been

demonstrated to the U.S. EPA to meet or exceed a 4 percent fuel savings in accordance with the requirements de fined by the U.S. EPA SmartWay Partnership Program, or

b. a U.S. EPA SmartWay Verified Technology or combi nation of U.S. EPA SmartWay Verified Technologies that met the criteria defined in section 95303(b)(3)(C)2.a.,but has been modified in any manner from the U.S. EPA SmartWay Verified Technology configurations. Only modificat ions that are required to enable a particular SmartWay techno logy to

be installed on a trailer are allowed. Such modifi cationsC-16 must not significantly increase the aerodynamic dra g of the base, unmodified SmartWay Verified configuration, a nd the modifications may only be used if prior written app roval is

obtained from the Executive Officer. The Executive Officer will base his or her approval on information submit ted that describes the modification, the need therefore, and any test data or other information that demonstrates the pro posed modifications would not significantly increase the aerodynamic drag of the SmartWay Verified configura tion, and on good engineering judgment.

(D) For dry-van trailers participating in an option al trailer fleet compliance schedule as defined in section 95307, Optional Trailer Fleet Compliance Schedules, a 2010 or previous model year 53-foot or longer dry-van trailer must either meet the require ments defined in section 95303(b)(3)(B)1. or the requirements define d in section 95303(b)(3)(B)2. by the applicable compliance dates in section 95307, Optional Trailer Fleet Compliance Schedules

.

(E) For refrigerated-van trailers participating in an optional trailer fleet compliance schedule as defined in section 95307, Optional Trailer Fleet Compliance Schedules, a 2010 or previous model year 53-foot or longer refrigerated-van trailer must either meet th e requirements defined in section 95303(b)(3)(C)1. or the requirem ents defined in section 95303(b)(3)(C)2. by the applicable compliance dates in section
95307, Optional Trailer Fleet Compliance Schedules

.

(F) A refrigerated-van trailer that is a model year 2003 through 2009 53-foot or longer trailer equipped with 2003 or sub sequent model year transport refrigeration unit engine must be equippe d with tires that are U.S. EPA SmartWay Verified Technologies and either meet the requirements defined in section 95303(b)(3)(C)1. or the requirements defined in section 95303(b)(3)(C)2. by:

1. January 1, 2018 for a 2003 or 2004 model year tr ailer 2. January 1, 2019 for a 2005 or 2006 model year tr ailer 3. January 1, 2020 for a 2007, 2008, or 2009 model year trailer

Compliance deadlines: A 2010 or previous model yea r 53

- foot or longer box

- type trailer must meet the requirements in subsecti on (b)(3)(A) by the following applicable dates:

1. For a dry

- van trailer or refrigerated

- van trailer not i dentified in subsection (b)(3)(B)2 b efore 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 traile rs participatingC-17 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 2008trailer 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 trail er; or

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

(c) Requirements for Drivers.

(1) A driver can may not operate a HD tractor to pull a 53-foot or longe r box-type trailer on a highway within California unless both the tractor and the trailer:

(A) comply with the applicable requirements and com pliance deadlines set

forth in sub sections 95303 (a) and 95303 (b); and

(B) are in good operating condition as defined in s ection 95304, Good Operating Condition Requirements

.

(2) A driver must, upon demand request , provide the following available information to authorized enforcement personnel ide ntified in section 95308:

(A) driver’s license;

(B) vehicle odometer reading, if the tractor is an exempt short-haul 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 car rier information set forth

in sub section 95303 (g)(1)(B); and

(H) if dispatched by a broker, the broker informati on set forth in sub section

95303 (f)(1)(B). ;

(I) if operating a drayage tractor that is exempt p ursuant to the requirements of section 95305(d), documentation ind icating the port or intermodal railyard of origin or destination, as ap plicable; andC-18

(J) if operating a HD tractor pulling a 53-foot or longer box-type trailer that is operating under either a Relocation Pass pursuan t to section 95305 (f), Transfer of Ownership Pass pursuant to section 95305(g), or Noncompliant Tractor Pass pursuant to section 95305(i) ; the pass approval number, as applicable.

(3) A driver of a HD tractor pulling a trailer tha t has been registered as a storage trailer pursuant to section 95306(e) and is traveling pursuant to section 95306(e)(1)(A) or a local-haul trailer purs uant to section 95306(c) and is traveling pursuant to section 95306(c)(1)(B) or 95306(c)(2)(B) must upon request allow authorized enforcement personnel to directly view the

inside of the trailer.

(3 4 ) A driver shall not operate a HD tractor to pull a 53-foot or longer box-type trailer on a highway within California if the the t ractor or the trailer has aerodynamic technologies that are not deployed or n ot in their operational configuration.

(d) Requirements for Owners of HD Tractors.

(1) An owner of a HD tractor cannot may not use or authorize the use of cause to be used a HD tractor to pull a 53-foot or longer box-type t railer on a highway within California unless both the HD tracto r and the box-type trailer:

(A) comply with the applicable requirements and com pliance deadlines set

forth in sub sections 95303 (a) and 95303 (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 trail er must ensure that the 53-foot or longer box-type trailer will not be pulled by a HD tractor on a highway within California unless the 53-foot or longer box- type trailer:

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

sub section 95303 (b); and

(B) is in good operating condition as defined in se ction 95304.

(2) An owner of one or more 2010 or previous model year 53-foot or longer box-type trailers that are subject to the requireme nts of sub section

95303 (b)(3) may elect to follow an alternative complianc e schedule, if applicable. Owners that choose to follow an altern ative complianceC-19

schedule must meet the requirements of section 9530 7, Optional Trailer

Fleet Compliance Schedules.

(f) Requirements for California-based Brokers.

(1) A California-based broker must:

(A) only dispatch a HD tractor or a 53-foot or long er box-type trailer for travel on a highway within California if the tracto r or and trailer complies y with the operating requirements and compliance dea dlines

set forth in sub sections 95303 (a) and 95303 (b);

(B) provide the following information to a dispatch ed driver who will be

travel ling on a highway within California:

1. broker’s business name;

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

3. broker contact person’s name; and

4. broker contact person’s business phone number.

(g) Requirements for Motor Carriers.

(1) A motor carrier must:

(A) only dispatch a HD tractor or a 53-foot or long er box-type trailer for travel on a highway within California if the tracto r or and trailer complies y with the operating requirements and compliance dea dlines

set forth in sub sections 95303 (a) and 95303 (b);

(B) provide the following information to a dispatch ed driver who will be

travel ling on a highway within California:

1. motor carrier’s business name;

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

3. motor carrier contact person’s name; and

4. motor carrier contact person’s business phone nu mber.C-20

(h) Requirements for California-based Shippers.

(A) (1) A California-based shipper must not ship freight f rom its California facility or facilities in a 53-foot or longer box-type trail er pulled by a HD tractor on a highway within California unless the HD tractor and the 53-foot or longer box-type trailer comply with the operating requirem ents and compliance

deadlines set forth in sub sections 95303 (a) and 95303 (b).

(i) Requirements for California-licensed Vehicle De alers.

(1) Any California-licensed vehicle dealer selling a HD tractor or 53-foot or longer box-type trailer subject to this regulation must provide the buyer with the following disclosure in writing:

“A heavy-duty tractor and 53-foot or longer box-typ e trailer operated in California may be subject to the Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulation set forth under sections 95300 to 95312, title 17, California Code of Regulations. These ve hicles may be required to use low-rolling-resistance tires and meet aerodynam ic equipment requirements to reduce greenhouse gas emissions.”

NOTE: Authority cited: Sections 39600, 39601, 38510 , 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95304 Good Operating Condition Requirements.

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

(1) An aerodynamic technology such as an aerodynami c mirror, a cab side extender, a fuel tank fairing, and an integrated sl eeper cab roof fairing on a U.S. EPA Certified SmartWay Tractor must meet the f ollowing criteria:

(A) Each must be installed in accordance with manuf acturer’s specifications;

(B) Each must be securely fastened to the tractor; and

(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) An A aerodynamic technology ies installed on a box-type trailer must meet the following criteria:C-21

(A) The aerodynamic technology ies must either be installed: in accordance with the aerodynamic technology manufacturer’s spec ifications;

1. in accordance with the aerodynamic technology ma nufacturer’s specifications such that the technology continues t o maintain its verified status in accordance with the requirements of the U.S. EPA SmartWay Transport Partnership Program, or

2. in a configuration approved by the Executive Off icer.

(B) The aerodynamic technology ies must be securely fastened to the
trailer;

(C) The aerodynamic technology ies must not be used with missing sections; and

(D) The aerodynamic technology ies must not be used if damaged to such an extent as to compromise their its aerodynamic effectiveness. ; and

( E ) The rear trailer aerodynamic technology must be cap able 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, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95305 Exemptions.

(a) Short-Haul Tractor Exemption Requirements. To qualify, the following must be

met: A short

- haul tractor is exempt from the requirements of sub section s 95303 (a) (1 ), 95303 (a)(2), and 95303(a)(3) if it’s owner complies with the requirements in section 95306, Short

- Haul and Local

- Haul Tractor and Local

- Haul Tr ailer Exemption Requirements

.

(1) A short-haul tractor pulling a 53-foot or longe r box-type trailer on a California Highway is exempt from the requirements of sections 95303(a)(1), 95303(a)(2), and 95303(a)(3) upon its owner’s submi ttal of the applicable information identified in section 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Re gistration Requirements

.

(2) A 53-foot or longer box-type trailer is exempt from the requirements of section 95303(b) while it is being pulled by an exe mpt short-haul tractor.C-22

(3) The use of an exempt short-haul tractor in exce ss of 50,000 miles traveled during the one year period from the date the owner submitted the applicable information identified in sections 95306(b) through (f) is a violation of this

subarticle.

(4) The driver of an exempt short-haul tractor must , upon request, provide the following information to authorized enforcement per sonnel identified in section 95308, Enforcement :

(A) Driver’s license;

(B) Odometer reading of tractor;

(C) Tractor registration;

(D) Origin of freight;

(E) Destination of freight;

(F) If dispatched by a motor carrier, the motor carrie r information listed in section 95303(g)(1)(B);

(G) If dispatched by a broker, the broker information listed in section 95303(f)(1)(B); and

(H) Vehicle identification number.

(5) The driver of an exempt short-haul tractor must , upon request, allow authorized enforcement personnel identified in sect ion 95308 to directly view the odometer of the exempt short-haul tractor.

(6) For an exempt short-haul tractor that is remove d from an owner’s exempt short-haul tractor fleet, taken out of service, or is otherwise no longer exempt, the owner must notify the Executive Officerand update the shorthaul tractor information submitted in accordance wi th sections 95306(d) to reflect this change in status prior to change in ow nership of the tractor or prior to the tractor traveling on a highway within California, whichever occurs first, or within 30 days of the tractor being taken out of service. A tractor

that is removed from the owner’s short-haul tractor fleet or that for any other reason loses its exempt status is ineligible for th e short-haul exemption

under that owner for 36 months from the date its ex empt status was lost

.

(7) A short-haul tractor exemption remains in effec t for a period of one year from the date that the information required in sect ions 95306(b) through 95306(d) and 95306(f) is submitted to the Executive Officer if the owner and the exempt tractor are in continuing compliance wit h the requirements ofC-23

this section. To extend the exemption for an addit ional one year from the expiration date of the exemption, the owner must su bmit to the Executive Officer the tractor’s odometer reading taken at the end of the one year period no more than 15 days after the expiration da te of the exemption.

(8) The owner of more than one short-haul tractor m ay consolidate the dates to apply for an extension with approval of the Executi ve Officer.

(b) Local-Haul Tractor Exemption Requirements . To qualify, the following must be

met: A local

- haul tractor is exempt from the requirements of subsections 953 03 (a)(1), but still must comply with the requirements of subsections 95303 (a)(2)

and 95303 (a)(3)

, if its owner complies with the requiremen ts of section 95306,

Short

- Haul and Local

- Haul Tractor and Local

- Haul Trailer Exemption Requirements

.

(1) A local-haul tractor pulling a 53-foot or longe r box-type trailer is exempt from the requirements of sections 95303(a)(1), but still must comply with the requirements of sections 95303(a)(2) and 95303(a)(3 ), if the the local-haul tractor has been registered in accordance with the requirements of section
95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements and the tractor-trailer combination is traveling within a 100 miles of the local-haul tractor’s localhaul base.

(2) A 2011 and subsequent model year 53-foot or lon ger box-type trailer is exempt 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, while it is being pulled by an exempt local-haul tractor.

(3) A 2010 and previous model year 53-foot or longe r box-type trailer is exempt from the requirements of sections 95303(b)(3)(B), 9 5303(b)(3)(C), but still must comply with the requirements of sections 95303 (b)(3)(A) while it is being pulled by an exempt local-haul tractor.

(4) The driver of an exempt local-haul tractor must , upon request, provide the information listed in section 95305(a)(4) to author ized enforcement personnel identified in section 95308, Enforcement

.

(5) A local-haul tractor exemption will remain in e ffect as long as the owner and the exempt tractor remain in compliance with the re quirements of this

section.

(6) The owner of an exempt local-haul tractor must notify the Executive Officer

if the information submitted in accordance with sec tions 95306(b) through section 95306(d) and section 95306(f) has changed, and must submit theC-24

updated information to the Executive Officer within 15 days of change

.

(7) For a local-haul tractor that is removed from a n owner’s local-haul fleet, taken out of service, or is otherwise no longer exe mpt, the owner must notify the Executive Officer and update the local-haul tra ctor information submitted in accordance with sections 95306(d) to reflect thi s change in status prior to change in ownership of the tractor or prior to the tractor traveling on a highway within California, whichever occurs first, or within 30 days of the tractor being taken out of service.

(c) Local-Haul Trailer Exemption Requirements. To qualify, the following must be

met: A local

- haul trailer is exempt from the requirements of section s 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 sec tion 95306,

Short

- Haul and Local

- H aul Tractor and Local

- Haul Trailer Exemption Requirements

.

(1) A 2011 or subsequent model year local-haul trai ler is exempt 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 the trailer has been registered in accordance with the requirements of section 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements and the following conditions are met:

(A) the local-haul trailer is being pulled by a HD tractor on a California highway within a 100 miles of the local-haul traile r’s local-haul base, or

(B) the local-haul trailer is being pulled by a HD tractor further than 100 miles from the vehicle’s local-haul base for purpos es of relocating the

local-haul trailer to another local-haul base and t he local-haul trailer is
empty, or

(C) the local-haul trailer is traveling under a val id Relocation Pass.

(2) A 2010 or previous model year local-haul trail er is exempt from the requirements of sections 95303(b)(3)(B) and 95303(b )(3)(C), but still must comply with the requirements of sections 95303(b)(3 )(A) if the trailer has been registered in accordance with the requirements of section 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements and the following conditions are met:

(A) the local-haul trailer is being pulled by a HD tractor on a California highway within a 100 miles of the local-haul traile r’s local-haul base, orC-25

(B) the local-haul trailer is being pulled by a HD tractor further than 100 miles from the vehicle’s local-haul base for purpos es of relocating the

local-haul trailer to another local-haul base and t he local-haul trailer is
empty, or

(C) the local-haul trailer is traveling under a val id Relocation Pass.

(3) A local-haul trailer exemption will remain in e ffect as long as the owner and the exempt trailer are in compliance with the requi rements of this section.

(4) The owner of an exempt local-haul trailer must notify the Executive Officer if

the information submitted in accordance with sectio ns 95306(b), 95306(c), and 95306(e) has changed, and must submit the updat ed information to the Executive Officer within 15 days of change

.

(5) For an exempt local-haul trailer that is remove d from an owner’s exempt local-haul fleet, taken out of service, or is other wise no longer exempt, the owner must notify the Executive Officer and update the local-haul trailer

information submitted in accordance with section 95 306(e) to reflect this change in status prior to change in ownership of th e trailer, or prior to the trailer traveling on a highway within California, w hichever occurs first, or within 30 days of the trailer being taken out of se rvice.

(6) The driver of a HD tractor pulling an empty, ex empt local-haul trailer traveling further than 100 miles from the trailer’s local-haul base must, upon request, allow authorized enforcement personnel to directly view the inside

of the trailer.

(d) Drayage Tractor Trailer Exemption Requirements. To qualify, the following must

be met:

. A 53

- foot or longer box

- type trailer is exempt from the requirements of subsection 95303(b) while it is being pulled by a sho rt

- haul HD tractor that is exempt under subsection 95305(a)

.

(1) A drayage tractor pulling a 53-foot or longer b ox-type trailer on a California highway within 100 miles of a port or intermodal ra ilyard and the trailer it pulls, are exempt from sections 95303(a) and 95303( b) provided:

(A) the trailer was off-loaded from an ocean-going vessel or rail car at the port or intermodal railyard prior to being pulled b y the drayage tractor, and the driver has documentation indicating the por t or intermodal railyard of origin; or

(B) the drayage tractor is transporting the trai ler to the port or intermodal railyard to be loaded onto an ocean-going vessel or rail car, and the driver has documentation indicating the port or int ermodal railyard of

destination.C-26

(e) Storage Trailer Exemption Requirements. To qualify, the following must be met:

A 53

- foot or longer box

- type trailer is exempt from the requirements of

sub sections 95303(b) (1)(A)

, 95303(b) (1) ( B ) 2 , 95303(b)(2)(A), and 95303(b)(2)( B ) 2 , but still must c omply with the requirements of sub sections 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)

.

(1) A storage trailer is exempt from the requiremen ts of sections 95303(b) if the storage trailer has been registered in accordance w ith the requirements of section 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements and the following conditions

have been met:

(A) the storage trailer is being pulled by a HD tra ctor on a California highway for purposes of relocating the storage trai ler to another storage location and the storage trailer is empty, or

(B) the storage trailer is traveling under a valid Relocation Pass.

(2) A storage trailer exemption will remain in effe ct as long as the owner and the exempt storage trailer are in compliance with t he requirements of this

section.

(3) The owner of an exempt storage trailer must not ify the Executive Officer if

the information submitted in accordance with sectio ns 95306(b) and 95306(e) has changed, and must submit the updated i nformation to the Executive Officer within 15 days of the change.

(4) For an exempt storage trailer that is removed f rom an owner’s exempt storage trailer fleet, taken out of service, or is otherwise no longer exempt, the owner must notify the Executive Officer and upd ate the exempt storage

trailer information submitted in accordance with se ction 95306(e) to reflect this change in status prior to change in ownership of the trailer, or prior to the trailer traveling on a highway within Californi a, whichever occurs first, or within 30 days of the trailer being taken out of se rvice.

(5) The driver of a HD tractor pulling an empty, ex empt storage trailer must, upon request, allow authorized enforcement personne l to directly view the

inside of the trailer.

(f) Relocation Pass for Exempt Local-Haul Trailers and Exempt Storage Trailers

. A 2011 or subsequent model year sleeper cab HD tracto r is exempt from the requir ements of subsection 95303(a)(1), but still must comply with the requirements of sub section 95303 (a)(2), while it is pulling a local

- haul trailer that is exempt under subsection 9530 5 (c)

.C-27

(1) An owner that obtains a Relocation Pass for an exempt local-haul trailer or an exempt storage trailer may operate that vehicle in accordance with the provisions of sections 95305(f)(1)(A) or 95305(f)(1 )(B) for a specified period, as determined by the Executive Officer, not to exce ed three consecutive days.

(A) An exempt local-haul trailer traveling under a Reloction Pass may transport freight on a California highway further t han 100 miles from its

local haul base while either en route to a new loca l haul base where it will operate as an exempt local-haul trailer or en route to an out-ofstate location.

(B) An exempt storage trailer traveling under a Rel ocation Pass may transport freight on a California highway while eit her en route to a new storage location where it will operate as an exempt storage trailer or en

route to an out-of-state location.

(2) An owner that obtains a Relocation Pass for a 5 3-foot or longer box-type trailer located out-of-state may operate that vehic le on a California highway in accordance with the provisions of section 95305( f)(2)(A) for a specified period, as determined by the Executive Officer, not to exceed three consecutive days.

(A) A 53-foot or longer box-type trailer traveling under a Relocation Pass is exempt from the requirements of this section 953 03(b) while either

en route from an out-of-state location to a local-h aul base where it will operate as a registered local-haul trailer, or en r oute from an out-ofstate location to a storage location where it will operate as a registered storage trailer

(3) If traveling to a local-haul base or storage lo cation under Relocation Pass,

within 48 hours after arrival at the local-haul bas e or storage location, the owner of the 53-foot or longer box-type trailer mus t register the trailer in accordance with the requirements of section, 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements

and operate the trailer as a local-haul trailer or storage trailer for at least 30 consecutive days after arrival.

(4) To obtain a Relocation Pass, a request to the E xecutive Officer must be made prior to the trailer’s relocation. In the req uest, the owner must provide the Executive Officer the following information:

(A) Owner contact information, as specified in sect ion 95306(b).

(B) Trailer vehicle identification number (VIN).C-28

(C) For a trailer relocating to new local-haul bas e, the street address of the

new local-haul base.

(D) For a trailer relocating to a new storage locat ion, the street address of new storage trailer location.

(E) Date trailer will begin relocation travel.

(5) No trailer will be granted more than four Reloc ation Passes per year.

(6) The Executive Officer will respond to a request for a Relocation Pass within 15 days of receiving the information identified in section 95305(f)(4) and notify the owner in writing of the decision.

(A) If approved, the Executive Officer will provide the owner with a

Relocation Pass in electronic or written format tha t will contain the following information:

1. Effective dates of the Relocation Pass which sha ll not exceed three consecutive days beginning with the date the trailer will begin travel.

2. Relocation Pass Approval Number.

(g ) Transfer of Ownership Pass for Trailers. A drayage tractor pulling a 53

- foot or longer box

- type trai ler within 100 miles of the port or intermodal rail yard of origin or destination and the trailer it pulls, are exempt from sections 95303(a) and (b)

.

(1) Either party (the transferor or transferee) inv olved in the transfer of ownership of a 53-foot or longer box-type trailer m ay obtain a Transfer of Ownership pass for that trailer up to 30 days prior of the transfer of ownership.

(2) A 53-foot or longer box-type trailer traveling under a Transfer of Ownership Pass for the purpose of delivering such trailer fro m the transferor to the transferee is temporarily exempt from the requireme nts of sections 95303(b).

(3) To obtain a Transfer of Ownership Pass, a reque st to the Executive Officer must be made prior to the start of trailer delivery from the transferor to the transferee. The request must be made by whomever i s the trailer’s registered owner at the time of delivery, either th e transferor or transferee. In the request, the transferor must provide the Exe cutive Officer the following information for each trailer :C-29

(A) Transferor’s contact information:

1. Transferor’s name, and if a corporate entity or governmental agency is selling the trailer, the responsible offi cial and title (if applicable);

2. Name of transferor’s company, corporation, or go vernmental agency (if applicable);

3. Corporate parent (if applicable);

4. Motor carrier identification number and type (if applicable);

5. Vehicle dealer license number and state where it was issued (if applicable);

6. Street address of transferor or transferor’s com pany including city, state or province, zip code, colonia (Mexico only), and country;

7. Mailing address including city, state or provinc e, zip code, colonia (Mexico only), and country;

8. Physical address of location where records perta ining to the applicable sale will be maintained including city, state or province, zip code, colonia (Mexico only), and country;

9. Transferor’s name;

10. Telephone number of contact person;

11. Email address of contact person (if available);

12. Company taxpayer identification number (if appl icable); and

13. TRUCRS identification number of corporate paren t (if one has been obtained).

(B) Transferee’s contact information:

1. Transferee’s name, and if a corporate entity or governmental agency is selling the trailer, the responsible offi cial and title (if applicable);

2. Name of transferee’s company, corporation, or go vernmental agency (if applicable);C-30 3. Corporate parent (if applicable);

4. Motor carrier identification number and type (if applicable);

5. Vehicle dealer license number and state where it was issued (if applicable);

6. Street address of transferee or transferee’s com pany including city, state or province, zip code, colonia (Mexico only), and
country;

7. Mailing address including city, state or provinc e, zip code, colonia (Mexico only), and country;

8. Physical address of location where records perta ining to the applicable sale will be maintained including city, state or province, zip code, colonia (Mexico only), and country;

9. Transferee’s contact person’s name;

10. Telephone number of contact person;

11. Email address of contact person (if available);

12. Company taxpayer identification number (if appl icable); and

13. TRUCRS identification number of corporate paren t (if one has been obtained).

(C) Trailer identification number (VIN).

(D) Address of location of trailer prior to start o f delivery.

(E) Address of location of trailer when delivery is complete.

(F) Date when trailer is scheduled to begin travel on a California highway under the Transfer of Ownership Pass.

(G) Date when trailer is scheduled to end travel on a California highway under the Transfer of Ownership Pass.

(H) If the total length of time from when the trai ler is scheduled to begin travel on a California highway under the Transfer o f Ownership Pass to

when the trailer is scheduled to end travel on a Ca lifornia highway under the Transfer of Ownership Pass is greater tha n three consecutive days, then the Executive Officer may re quest additionalC-31 information from the transferor.

(4) For transfers of ownership where the transferor or transferee is not a licensed vehicle dealer, once a Transfer of Ownersh ip Pass has been approved for a trailer, the transferor and transfer ee are no longer jointly eligible for another Transfer of Ownership Pass for that same trailer until one year has passed from the last effective date of the approved Transfer of Ownership Pass.

(5) For transfers of ownership where the transferor or transferee is a licensed vehicle dealer, once a Transfer of Ownership Pass h as been approved for a trailer, the transferor and transferee are jointly eligible for only one additional Transfer of Ownership Pass for that same trailer wi thin the one year period that begins with the last effective date of the fir st approved Transfer of Ownership Pass.

(6) The Executive Officer will respond to a request for a Transfer of Ownership Pass within 15 days of receiving the information id entified in section 95305(g)(3) and notify the transferor in writing of the decision.

(A) If approved, The Executive Officer will provide the transferor with a Transfer of Ownership Pass in electronic or written format that will contain the following information:

1. Effective dates of the Transfer of Ownership Pas s.

2. Transfer of Ownership Pass Approval Number.

(h) Non-compliant Tractor Pass

(1) Until January 1, 2015, a HD tractor traveling u nder a Non-compliant Tractor Pass while pulling a 53-foot or longer box-type tra iler on a highway within California is temporarily exempt from the requireme nts of section 95303(a) for a specified period, as determined by the Execut ive Officer, not to exceed three consecutive days.

(2) A 53-foot or longer box-type trailer pulled by a HD tractor traveling under a Non-compliant Tractor Pass on a highway within Cali fornia is temporarily exempt from the requirements of section 95303(b) fo r a specified period, as determined by the Executive Officer, not to exceed three consecutive days.

(3) To obtain an Non-compliant Tractor Pass, the tr actor owner must make a request to the Executive Officer prior to affected travel. In the request, the owner must provide the following information for ea ch tractor.

(A) Owner contact information, as specified in sect ion 95306 (b).C-32

(B) Tractor identification number (VIN).

(C) Date tractor will begin travel, or enter Califo rnia if traveling from out of state location, under the Non-compliant Tractor Pas s.

(4) No owner will be granted more than one Non-comp liant Tractor Pass per

year

(5) Only one tractor per fleet operating under a co mmon United States Department of Transportation (USDOT) number, motor carrier identification number, or International Registration Plan (IRP) fl eet number will be granted a Non-compliant Tractor Pass per year.

(6) The Executive Officer will respond to a request for a Non-compliant Tractor Pass within 15 days of receiving the information id entified in section 95305(i)(3) and notify the transferor in writing of the decision.

(A) If approved, The Executive Officer will provide the owner with a Noncompliant Tractor Pass in electronic or written for mat that will contain the following information:

1. Effective dates of the Non-compliant Tractor Pas s.

2. Non-compliant Tractor Pass Approval Number.

(i) Trailer Aerodynamic Equipment Compliance Delay

(1) An owner of a dry-van or refrigerated-van trail er that is subject to the requirements of section 95303(b) may apply for a Tr ailer Aerodynamic Equipment Compliance Delay if the trailer is config ured such that existing aerodynamic technologies necessary to meet the requ irements defined in sections 95303(b)(1)(B)(2) for dry-van trailers or 95303(b)(2)(B)(2) for refrigerated-van trailers cannot be installed.

(2) A trailer identified in a Trailer Aerodynamic E quipment Compliance Delay is subject to the following compliance deadlines

(A) For a trailer not participating in an optional trailer fleet compliance schedule, the applicable compliance date is one yea r from the trailer’s current compliance date, or one year from the Trail er Aerodynamic Equipment Compliance Delay approval date, whichever is later.

(B) For a trailer participating in an optional trai ler fleet compliance schedule as defined in section 95307, Optional Trailer Fleet Compliance Schedules , the applicable compliance date is one yearC-33 from the applicable Conformance Threshold Deadline for that trailer, provided all other trailers in the fleet have been brought into compliance.

(3) To apply for a Trailer Aerodynamic Equipment Co mpliance Delay, an owner must provide the Executive Officer the following in formation

(A) Owner contact information

1. Trailer owner’s name, and if a corporate entity or governmental agency owns the trailer, the responsible official a nd title (if applicable);

2. Street address of owner or owner’s company inclu ding city, state or province, zip code, colonia (Mexico only), and c ountry;

3. Mailing address including city, state or provinc e, zip code, colonia (Mexico only), and country;

4. Owner contact person’s name;

5. Telephone number of contact person;

6. Email address of contact person (if available);

7. TRUCRS identification number (if applicable)

(B) Trailer Information (for each candidate complia nce delay trailer)

1. Trailer vehicle identification number (VIN).

2. Trailer participating in Optional Compliance Sch edule? (Y or N)

3. Current scheduled compliance date of trailers.

4. Narrative description of why exemption is necess ary. Description should clearly explain why all available aerodynami c technologies that meets the requirements defined in sections 95303(b)(1)(B)(2)a. or 95303(b)(2)(B)(2)a. cannot b e installed on the trailer, and why modification of such technolog ies is infeasible without compromising the aerodynamic effectiveness of the technology or technologies.

5. Additional supporting materials as requested by the Executive

Officer.C-34

(4) Applications for a Trailer Aerodynamic Equipmen t Compliance Delay may

be submitted to the Executive Officer in written or electronic format no sooner than one year prior to the trailer’s current compliance date.

(5) The Executive Officer will respond to the appli cation for a Trailer Aerodynamic Equipment Compliance Delay within 30 da ys of receipt of the application, and notify the applicant in writing of the decision.

(A) If the Executive Officer determines that the ca ndidate trailer(s) identified in the application can be equipped with an aerodynamic technology that meets the requirements defined in s ections 95303(b)(1)(B)(2) or 95303(b)(2)(B)(2), the applica tion will be denied.

(B) If approved, the Executive Officer will notify the applicant in writing of the new effective compliance dates for those traile rs identified in the application.

(6) The applicant may request an extension to an ap proved Trailer Aerodynamic Equipment Compliance Delay compliance d ates no sooner than 30 days prior to the new effective compliance dates.

(j) Exemption for 2011 or Subsequent Model Year Tracto rs with Open-shoulder

Drive Tires

(1) Until January 1, 2013, a 2011 or subsequent mod el year HD tractor pulling a 53-foot or longer box-type trailer subject to the r equirements of section 95303(a) may operate on a highway within California with two or more open-shoulder drive tires that are not SmartWay Ver ified Technologies.

(k) An owner may be prohibited by the Executive Off icer from operating his or her vehicles under the provisions of section 95305 if t he owner or any of owner’s vehicles that are registered exempt short-haul trac tors, local-haul tractors, localhaul trailers, or storage trailers are found in vio lation of any requirement of

section 95305.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95306 Short-Haul Tractor, and Local-Haul Tractor, and Local-Haul Trailer, and Storage Trailer

Exemption

Registration Requirements.

(a) To qualify for any an exemptions set forth in sub sections 95305 (a), 95305(b) or

, 95305(c), or 95305(e), the owner of a HD tractor or the owner of a 53-foot or longer box-type trailer must submit to the Executiv e Officer all applicableC-35

information and statements identified in sub sections 95306(b) through (f) and must comply with subsections (g) through ( o )

.

(b) Owner Contact Information:

(1) Short-haul or local-haul tractor owner’s name, and if a business corporate entity or governmental agency owns the tractor, the responsible official and title (if applicable);

(2) Local-haul or storage trailer owner’s name, and if a business corporate entity or governmental agency owns the trailer, the respon sible official and title (if applicable);

(3) Name of owner’s company, corporation, or govern mental agency (if applicable);

(4) Corporate parent (if applicable);

(5) Motor carrier identification number and type;

(6) Street address of owner or owner’s company incl uding city, state or province, zip code, colonia (Mexico only), and coun try;

(7) Mailing address including city, state or provin ce, zip code, colonia (Mexico only), and country;

(8) Physical address of location where records pertaini ng to the applicable compliance schedule will be maintained including ci ty, state or province, zip code, colonia (Mexico only), and country ;

(9 8) Owner contact person’s name;

(10 9) Telephone number of owner or owner’s company contact person ;

(11 10) Email address of owner or owner’s company contact person (if available);

(12 11) Company taxpayer identification number (if appl icable); and

(13 12) DOORS TRUCRS 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 person’s name;C-36

(2) Contact person’s title;

(3) Street address of local-haul base including cit y, state, zip code, colonia (Mexico only), and country; and

(4) Telephone number of local-haul base.

(d) Short-haul or Local-haul Tractor Fleet Informa tion. For each tractor to be exempted, the following information:

(1) Type of exemption applied for:

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

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

(2) Tractor identification number (vehicle identifi cation 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, seaso nal, monthly, or other);

(9) License plate number;

(10) For short-haul tractors: Odometer reading; and

(11) For local-haul tractors: tractor’s local-haul base street address, including city, state, and zip code.

(e) Local-haul and Storage Trailer Fleet Information. For each trailer to be exempted, the following information:

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

(2) Trailer identification number (vehicle identifi cation number (VIN));

(3) Trailer make;C-37

(4) Trailer model;

(5) Trailer model year;

(6) State or province of registration;

(7) Country of registration;

(8) Registration type (State, IRP, Temporary, Seaso nal, Monthly, or Other);

(9) License plate number; and

(10) For a local-haul trailer only, the local-haul t T railer’s local-haul base street address, including city, state, and zip code.

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

sub sections 95306 (b) through 95306 (e) and one or all of the following statements, as applicable :

(1) For all local-haul trailers and tractors:

I agree to strictly limit the all use of this [or these] tractor[s] [or trailer[s]] to the area within a 100-mile radius of the local- haul base[s] identified in this submittal. I understand that i f I transport any freight in the trailer[s] when pulling it [or them] on California highways outside the 100-mile radius, the tractor[s ] [or trailer[s]] may lose exempt status operation of the equipment outside this

area will be a and I may be subject to possible enforcement action s for violations

of sections 95300-95311 2 , title 17, California Code of Regulations. I also understand that I am allowed to relocate the trailer[s] to a new location, but only if the trail er[s] is [or are] empty or I have obtained a Relocation Pass[es] for the tr ailer[s]. If stopped for inspection by authorized enforcement pe rsonnel, I will allow inspection of the inside[s] of the trailer[s]

. I declare under penalty of perjury that the information provided is true, accurate, and complete.”

(2) For short-haul tractors:

“I agree to limit use of this [or these] tractor[s] to 50,000 or fewer miles per year. I understand that operation of the equipment for more than 50,000 miles per year will be a may result in loss of exempt status and possible enforcement actions for violations of

sections 95300-95311 2 , title 17, California Code of Regulations. If stopped for inspection by authorized enforcement pe rsonnel, I willC-38 allow visual inspection of the tractor’s [or tractors’] odometer[s]. I declare under penalty of perjury that the informati on provided is

true, accurate, and complete.”

(3) For storage trailers:

“I agree to limit use of this [or these] trailer[s] exclusively for the storage of items at a fixed location. I understand that I am allowed to relocate the trailer[s] to a new location, but o nly if the trailer[s] is [are] empty or I have obtained a Relocation Pass[es ] for the trailer[s]. Without a Relocation Pass, if I transp ort any items in the trailer[s] when pulling it[them] on California high ways, the trailer[s] may lose exempt status, which may result in enforce ment action for violations of sections 95300-95312, title 17, Calif ornia Code of Regulations. If stopped for inspection by authoriz ed enforcement personnel, I will allow inspection of the inside[s] of the trailer[s]. I declare under penalty of perjury that the informati on provided 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

or trailer must notify the Executive Officer if the information sub mitted in accordance with subsections (b) through ( f ) has changed, and must submit the updated information to the Executive Officer.

(h) For a local

- haul tractor or trailer that is removed from an own er’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 sub mitted in accordance with subsections (d) and (e) t o reflect this change in status prior to change in ownership of th e tractor or trailer, or prior to the trailer travelling on a highway within California , whichever occurs first.

(i) For a short

- haul tr actor that is removed from an owner’s short

- haul tractor fleet or is otherwise no longer exempt under subsection 9530 5(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 t ravelling on a h ighway within

C alifornia , whichever occurs first. A tractor that is remove d 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 sta tus was lost

.

( j ) A short

- haul exemption obtained under sub section 95305(a) will remain in effect for a period of 1 year

from the date that the information required in subsectionsC-39

95306(b) through (f) is submitted to the Executive Officer if the owner and the exempt tractor are in continuing compliance with th e requirements of this sec tion. 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.

( k ) The driver of an exempt short

- haul or local

- haul tractor , or a HD tractor pulling an
exempt local

- haul trailer must, upon demand, provide the following informati on to authorized enforcement personnel identified in sect ion 95308 :

(1) Driver’s license ;

(2) Odometer reading of tractor ;

(3) Tractor registration ;

(4) Or igin of freight being transported ;

(5) Destination of freight being transported ;

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

sub section 95303(g)(1)(B) ;

(7) If dispatched by a broker, the broker information listed in sub section

9530 3(f)(1)(B) ; and

(8) Vehicle i dentification number

.

(l) The driver of an exempt short

- haul HD tractor must, upon request, allow authorized enforcement personnel to directly view t he odometer of the HD

tractor.

(m) The use of a short

- haul tractor that is exe mpt 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) at a

location 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) at a location farther than 100 miles from the vehicle’s local

- haul base is a violation of

this subarticle.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.C-40

95307 Optional Trailer Fleet Compliance Schedules

.

(a) Trailer Fleet Compliance Schedule Applicability

.

(1) As specified in section 95303(b)(3), an owner o f one or more 2010 or previous model year 53-foot or longer box-type trai lers may bring such trailers into compliance in accordance with an appl icable compliance

schedule set forth in this sub section.

(2) Trailers participating in Option 1 of the large fleet compliance schedule specified in section 95307(b)(1), must be acquired by the fleet owner prior to July 1, 2010.

(3) Trailers participating in Option 2 of the large fleet compliance schedule specified in section 95307(b)(2) must be acquired b y the fleet owner prior to July 1, 2011.

(4) Trailers participating in the small fleet compl iance schedule specified in section 95307(c) must be acquired by the fleet owne r prior to July, 1, 2012.

(2 5 ) Trailer fleet size determination. For purposes o f this section, fleet size is the total of all 53-foot or longer box-type trailers wi thin 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 953 05, Exemptions ; and

4. refrigerated- van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(B F )2

.

(3 6 ) Applicable Compliance Schedules.

(A) A fleet owner with a trailer fleet size of 21 o r more trailers, as

determined in accordance with sub section 95307 (a)(2) above, may only elect to participate in either of the following two complian ce schedule options. A large fleet owner who does not register for one of these options must bring all trailers in the fleet into compliance asC-41 specified in section 95303(b)(3)(B) or section 9530 3(b)(3)(F). the large fleet compliance schedule, specified in subsection (b).

1. Option 1 of the large fleet compliance schedule specified in section 95307(b)(1), beginning January 1, 2011, or

2. Option 2 of the large fleet compliance schedule specified in section 95307(b)(2), beginning January 1, 2012.

(B) A fleet owner with a trailer fleet size of 20 o r fewer trailers may elect to participate ha s the option of participating in either of the large fleet compliance schedule options in section 95307(b), or in the small fleet compliance schedule, specified in sub sections (b) and 95307 (c), respectively

.

(b) Large Fleet Compliance Schedule.

(1) Minimum fleet conformance thresholds (Table 1) : A trailer owner participating in the large fleet compliance schedul e must ensure that the percentage of compliant trailers on the compliance plan base list, as defined

in subsection (d) (3), is equal to or greater than: Option 1 of the large fleet compliance schedule beginning January 1, 2011

(A) 5 percent beginning January 1, 2011; Minimum fleet conformance thresholds (Table 1): A trailer owner participating in this large fleet compliance schedule option must ensure that the per centage of compliant trailers on the compliance plan base list , as described in section 95307(d)(3), is equal to or greater than:

(B) 15 percent b eginning Janua ry 1, 2012 ;

(C) 30 percent b eginning January 1, 2013 ;

(D) 50 percent b eginning January 1, 2014 ;

(E) 75 percent b eginning January 1, 2015 ; and

(F) 100 percent b eginning January 1, 2016

.

1. 5 percent beginning January 1, 2011;

2. 15 percent beginning January 1, 2012;

3. 30 percent beginning January 1, 2013;C-42 4. 50 percent beginning January 1, 2014;

5. 75 percent beginning January 1, 2015; and

6. 100 percent beginning January 1, 2016.

Table 1: Minimum Fleet Conformance Thresholds for the Large Fleet Compliance Schedule (Option 1)

Compliance Year (Y) Minimum Fleet Conformance Threshold (P Y ) 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) Option 2 of the large fleet compliance schedule beginning January 1, 2012

(A) Minimum fleet conformance thresholds (Table 2) : A trailer owner participating in this large fleet compliance schedu le option must ensure that the percentage of compliant trailers on the co mpliance plan base list, as described in section 95307(d)(3), is equal to or greater than:

1. 20 percent beginning January 1, 2012;

2. 40 percent beginning January 1, 2013;

3. 60 percent beginning January 1, 2014;

4. 80 percent beginning January 1, 2015; and

5. 100 percent beginning January 1, 2016.C-43 Table 2: Minimum Fleet Conformance Thresholds for the Large Fleet Compliance Schedule (Option 2)

Compliance Year (Y) Minimum Fleet Conformance Threshold (P Y ) Conformance

Threshold Deadline

2010 --- --- 2011 20% January 1, 2012

2012 40% January 1, 2013

2013 60% January 1, 2014

2014 80% January 1, 2015

2015 100% January 1, 2016

(2 3 ) Large fleet compliance plan: To participate in either Option 1 or Option 2 the large fleet compliance schedule , a trailer owner must provide the following information to the Executive Officer, electronicall y or in a document package entitled “Large Fleet Compliance Plan,” by July 1, 2010 for Option 1, and by July 1, 2011 for Option 2 . This submittal must include the following:

(A) Statement of intent, in accordance with sub section 95307 (d)(1);

(B) Trailer fleet list, in accordance with sub section 95307 (d)(2);

(C) Large fleet compliance plan base number, calcul ated in accordance

with sub section 95307 (e)(1);

(D) Compliance plan base list, in accordance with s ub section 95307 (d)(3);

(E) Annual conformance number for each compliance y ear, calculated in

accordance with sub section 95307 (e)(5); and

(F) Annual conformance commitment list for each compliance year, in

accordance with subsection (d) (4) ; and

(G F ) Early compliance option reporting, if applicable: If a trailer owner elects to delay the compliance of trailers in accordance w ith sub section

95307 (b)(4), such owner must submit the following traile r information within the compliance plan:

1. Early compliance trailer number: The number of e arly compliance

trailers determined in accordance with sub section 95307 (b)(4);

2. Early compliance trailer list: A trailer owner p articipating in the early compliance option must clearly identify on th e trailer fleet list all early compliance trailers;C-44 3. Delayed compliance trailer number, calculated in accordance with

sub section 95307 (e)(3); and

4. Delayed compliance trailer list: A trailer owner participating in the early compliance option must clearly identify on th e trailer fleet list all delayed compliance trailers.

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

revisions to the annual conformance commitment lists reported for

c ompliance years 2013, 2014, and 2015

, el ectronically or by submitting a document titled, “Large Fleet Compliance Plan Revis ion,” by July 1, 2013. Although t his allows a trailer owner to red i s tribute tr ailer s among the final

three annual conformance commitment lists

, the trailer owner may not alter

the number of trailers identified on each list

. If participating in the early compliance option, a trailer owner may also redistr ibute trailers amongst the

a nnual conformance commitment list for compliance ye ars 2013, 2014, and 2015 and the list of delayed compliance trailers.

(4) Early compliance option: Subject to the require ments and limitations set

forth in this sub section, for every one early compliance trailer in an owner’s fleet, a trailer owner may delay the retrofit or re placement of 1.5 noncompliant trailers until December 31, 2016.

(A) Maximum allowable number of early compliance tr ailers, as calculated

in accordance with sub section 95307 (e)(4): The number of early compliance trailers within a fleet may not exceed t he equivalent of 20 percent of the sum of: 1) all trailers that the own er elects to bring into compliance under the large fleet compliance schedul e and 2) the total

number of trailers within the fleet that are in com pliance before January
1, 2010.

(B) A trailer owner must bring all delayed complian ce trailers into compliance before January 1, 2017.

(C) Early compliance option report: To participate in the early compliance option, a trailer owner must submit all information required by

sub section 95307 (b)(2 3 )(G F ), as part of the large fleet compliance plan by July 1, 2010 for Option 1, and by July 1, 2011 f or Option 2

.

(c) Small Fleet Compliance Schedule.

(1) Minimum fleet conformance thresholds (Table 2): A trailer owner participating in the small fleet compliance schedul e must ensure that the percentage of compliant trailers on the compliance plan base list, as defined

in sub section 95307 (d)(3), is equal to or greater than:C-45

(A) 25 percent beginning January 1, 2014;

(B) 50 percent beginning January 1, 2015;

(C) 75 percent beginning January 1, 2016; and

(D) 100 percent beginning January 1, 2017.

Table 2 3 : Minimum Fleet Conformance Thresholds for the Small Fleet Compliance Schedule

Compliance Year (Y) Minimum Fleet Conformance

Threshold (P Y ) 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 followin g information to the Executive Officer, electronically or in a document package entitled “Small Fleet Compliance Plan,” by July 1, 2012. This subm ittal must include the following:

(A) Statement of intent, in accordance with sub section 95307 (d)(1);

(B) Trailer fleet list, in accordance with sub section 95307 (d)(2);

(C) Small fleet compliance plan base number, calcul ated in accordance

with sub section 95307 (e)(2);

(D) Compliance plan base list, in accordance with s ub section 95307 (d)(3);

and

(E) Annual conformance number for each compliance y ear, calculated in

accordance with sub section 95307 (e)(5); and

.

(F) Annual conformance commitment list for each compliance year, in

accordance with (d )( 4).

(d) General Compliance Plan Components.

(1) Statement of intent: The statement of intent mu st be provided to the Executive Officer as part of the owner’s compliance plan by the applicable compliance plan due date. The statement of intent must include the following:C-46

(A) A statement indicating that the trailer owner e lects to participate in an optional trailer fleet compliance schedule;

(B) A statement identifying the compliance schedule in which the trailer owner elects to participate;

(C) For trailer owners electing to participate in t he small fleet compliance schedule, a statement affirming that the owner’s tr ailer fleet contains 20 or fewer 53-foot or longer box-type trailers;

(D) A statement affirming that the trailer owner wi ll bring all non-compliant trailers subject to the requirements of this regula tion into compliance in accordance with the applicable compliance schedule;

(E) A statement affirming that the trailer owner un derstands 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 un derstands that if participation in a compliance schedule is terminate d 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 th e large fleet compliance schedule and December 31, 2016 if partic ipating in the small fleet compliance schedule;

(G) A statement affirming that the trailer owner un derstands that if participation in an applicable trailer fleet compli ance schedule is withdrawn, such owner will not be allowed to operat e a non-compliant trailer on a highway within California beginning Ja nuary 1, 2013, except for refrigerated-van trailers that are eligi ble for the compliance deadlines set forth in section 95303(b)(3)(B F )2 and exempted trailers;

(H) A statement affirming that the trailer owner ag rees 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 regul ation, and other air quality regulations; and

(I) A signature, or electronic attestation, of the trailer owner or, where applicable, a company or governmental official, aff irming that all information contained within the compliance plan, i ncluding information

contained within the statement of intent and the tr ailer fleet list, is true

and correct.C-47

(2) Trailer fleet list : The trailer fleet list, as defined in this sub section, must be provided to the Executive Officer as part of the ow ner’s compliance plan by the applicable compliance plan due date. Except up on specific Executive Officer approval, the trailer owner may not change the number or identity of

trailers included on the trailer fleet list once th e 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 off icial and title if the owner is a business entity or governmental agency;

(B) Name of company, corporation, or governmental a gency;

(C) Company’s motor carrier identification number and type, if applicable;

(D) Company address including city, state or provin ce, zip code, colonia (Mexico only), and country;

(E) Mailing address including city, state or provin ce, zip code, colonia (Mexico only), and country;

(F) Physical address of location where records pert aining to the applicable compliance schedule will be maintained including ci ty, state or province, zip code, colonia (Mexico only), and coun try;

(G) Contact person’s name;

(H) Telephone number;

(I) Email address (if available);

(J) Company taxpayer identification number (if appl icable);

(K) Name of corporate parent (if applicable);

(L) DOORS TRUCRS identification number of corporate parent (if applicable);

(M) List of all 2010 and previous model-year 53-foo t or longer box-type trailers that are subject to the requirements of th is subarticle while the owner is participating in an optional trailer fleet compliance schedule:

1. For an owner who elects to participate in one o f the large fleet

compliance schedules , the trailer list must include all trailers that will operate in California including compliant trai lers, non- compliantC-48 trailers, exempted trailers, and refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(B F )2 ;

2. For an owner that elects to participate in the s mall fleet compliance
schedule, the trailer list must include all trailer s in the owner’s fleet, including compliant trailers, non- compliant trailers, exempted trailers, and refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)( 3)(B F )2 . For the sole purpose of documenting the owner’s eligibi lity for the small fleet compliance schedule, the trailer list f or those submitting a small fleet compliance plan must also include tra ilers in the fleet that do not travel on a highway within California;

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

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

2. Vehicle identification number (VIN);

3. Trailer make;

4. Trailer model;

5. Trailer model year;

6. License plate number;

7. State or province of registration;

8. Registration type (state, IRP, temporary, season al, monthly, or other);

9. Country of registration;

10. Compliance status (compliant or non-compliant) ;

11. Exemption Status (not exempt, exempt local-haul exempt , exempt storage, dedicated to short-haul or local-haul tractors) ;

12. California operating status (indicate whether t he trailer will operate in California during the applicable optiona l compliance schedule) ;

13. Transport refrigeration unit model year (as app licable); andC-49 14. Transport refrigeration unit engine model year (as applicable).

(3) Compliance plan base list: The compliance plan base list is the list of all non-compliant trailers identified on the trailer fl eet list as trailers that will be brought into compliance in accordance with the appl icable compliance schedule. Trailers that are not early compliance tr ailers but are in compliance before January 1, 2010, may also be incl uded 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 t railers and storage trailers exempt under sub section 95305(c) and 95305(e) ;

(B) Refrigerated-van trailers that are eligible for the compliance deadlines set forth in section 95303(b)(3)(F) ( B)2 ;

(C) Early compliance trailers, if applicable;

(D) Delayed compliance trailers, if applicable; and

(E) Trailers that will not operate in California fo r the duration of the applicable trailer fleet compliance schedule.

(4) Annual conformance commitment list: The annual conformance commitment

list for a particular compliance year is the list of trailers on the compliance plan base list that the owner commits to bring into compliance to meet th e minimum fleet conformance threshold that will take effect on January 1 of the following year . For each compliance year’s annual conformance commitment list, the trailer owner must list a suff icient number of trailers to

meet or exceed the annual conform ance number for that same year.

(e) Calculation Methodology.

(1) Large fleet compliance plan base number: The co mpliance 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.

N LB = N T – N D – N E – N R – N X (Equation 1)

“N LB ” = Large fleet compliance plan base number.

“N T ” = Total number of trailers listed on the trailer fleet list.C-50 “N D ” = Number of delayed compliance trailers, as deter mined in

accordance with sub section 95307 (e)(3), if applicable.

“N E ” = Number of early compliance trailers, not to exc eed N E, max as determined in accordance with Equation 5, if app licable.

“N R ” = Number of refrigerated-van trailers that are el igible for the compliance deadlines set forth in sections (b)(3)(B F )2 .a 1. through

95303 (b)(3)(B F )2 .c 3. , if applicable.

“N X ” = Number of trailers with a trailer fleet list ex emption status of

” “exempt local-haul exempt ,” “exempt storage,” “dedicated to short-haul tractors,” or “dedicated to local-haul t ractors,” if applicable.

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

number for small fleets is the number of trailers t hat a trailer owner elects to bring into compliance in accordance with the small fleet compliance

schedule.

N CA = N T – N NC (Equation 2)

“N CA ” = Total number of trailers in California fleet.

“N T ” = Total number of trailers listed on the trailer fleet list.

“N NC ” = Number of trailers that will not operate in Cal ifornia for the duration of an applicable trailer fleet compliance schedule

N SB = N CA – N R – N X

(Equation 3)

“N SB ” = Small fleet compliance plan base number.

“N CA ” = Total number of trailers in California fleet, a s determined in accordance with Equation 2.

“N R ” = Number of refrigerated-van trailers that are el igible for the compliance deadlines set forth in sections (b)(3)(B F )2 .a 1. through

95303 (b)(3)(B F )2 .c 3. , if applicable.

“N X ” = Number of trailers with a trailer fleet list ex emption status of “exempt local-haul exempt ,” “exempt storage,” “dedicated to short-haul tractors,” or “dedicated to local-haul t ractors,” if applicable.

(3) Large fleet delayed compliance trailer number: The delayed complianceC-51

trailer number is the number of trailers for which compliance may be delayed , pursuant to sub section 95307 (b)(4), Early Compliance Option

.

N D = N E x 1.5 (Equation 4)

“N D ” = Number of delayed compliance trailers, if appli cable. If N D is not a whole number, round down to the next whole number.

“N E ” = Number of early compliance trailers, not to exc eed N E, max as determined in accordance with Equation 5, if app licable.

(4) Large fleet maximum allowable number of early c ompliance trailers: The

resultant number must be rounded down to the neares t whole trailer.

N E, max = (N T – N R – N X ) x 0.20 (Equation 5).

“N E, max ” = Maximum allowable number of early compliance

trailers. If N E, max

is not a whole number, round down to the next

whole number.

“N T ” = Total number of trailers listed on the trailer fleet list.

“N R ” = Number of refrigerated-van trailers that are el igible for the compliance deadlines set forth in sections 95303 (b)(3)(B F )2 .a 1. through 95303 (b)(3)(B F )2 .c 3. , if applicable.

“N X ” = Number of trailers with a trailer fleet list ex emption status of “exempt local-haul exempt ,” “exempt storage,” “dedicated to short-haul tractors,” or ” “ dedicated to local-haul tractors,” if applicable.

(5) Annual conformance number: The annual conforma nce number is the number of trailers that a trailer owner must bring into compliance by

December 31 st of a particular compliance year to ensure that the percentage of compliant trailers within the complia nce plan base list meets or exceeds the applicable minimum fleet conformance threshold that takes effect on January 1 of the following year.

N Y = (N B x P Y ) – N C, Y-1 (Equation 6)

“N Y ” = Annual conformance number for compliance year Y . If N Y is not a whole number, round up to the next whole n umber if the fractional part is equal to or greater than 0.5, an d round down if

less than 0.5.C-52 “N B ” = The compliance plan base number, either N LB as calculated

in sub section 95307 (e)(1) for a large fleet or N SB as calculated in

sub section 95307 (e)(2) for a small fleet.

“P Y ” = Minimum fleet conformance threshold for complia nce year Y, as defined in sub section 95307 (b)(1) for large fleets and

95307 (c)(1) for small fleets, expressed as a fraction (e .g. 5 percent is entered into equation as 0.05).

“N C, Y-1 ” = Total number of trailers within the compliance base that would already be in compliance prior to January 1 o f compliance year Y. This number must not include early complia nce trailers.

(f) Reporting Requirements

(1) For each trailer listed in the compliance plan base list that is brought into compliance in order to meet the conformance thresho ld of a particular year, the owner must provide the trailer identification n umber (vehicle identification number (VIN)) and the applicable com pliance method for the trailer as defined in (A), (B), or (C) below, to th e Executive Officer by no

later than December 31 st of that year.

(A) Install on the trailer aerodynamic devices that meet the requirements defined in section 95303(b)(3), or

(B) Remove the trailer from the owner’s fleet, or

(C) Restrict the trailer from traveling on Californ ia highways.

(2) For each trailer listed in the compliance plan base list that is or will be redesignated into local-haul or storage trailer servi ce in a specific compliance year, the owner must provide the trailer identifica tion number (vehicle identification number (VIN)) to the Executive Offic er by no later than

December 31 st of that year; and meet all applicable requirements specified in sections 95305 and 95306. Trailers re-designate d into local-haul or storage trailer service do not count toward meeting an annual conformance

number.

(f g ) General Requirements for All Compliance Schedules : To participate in a trailer fleet compliance schedule, a trailer owner must com ply with the following requirements:

(1) The trailer owner must ensure that, by December 31 st of each compliance year, the percentage of compliant trailers on the o wner’s compliance planC-53

base list is equal to or greater than the applicabl e minimum fleet conformance threshold for that compliance year;

(2) The trailer owner must ensure that the actual number of trailers listed on each compliance year’s annual conformance commitment list brought into compliance each compliance year is equal to or greater than the annual conformance number for that same year;

(3) The trailer owner must bring into compliance all tr ailers listed in each compliance year’s annual conformance commitment list before January 1 of the following year ;

(4 3 ) The trailer owner must allow the Executive Office r, or any other authorized enforcement personnel, to conduct periodic audits o f records and equipment to verify compliance with an applicable compliance schedule, the owner’s compliance plan, and other applicable air quality r egulations;

(5 4 ) Should the Executive Officer terminate the traile r owner’s participation in a trailer feet compliance schedule, such trailer owne r must bring all trailers into compliance within 90 days of such termination or by December 31, 2012, whichever is later, but no later than Decembe r 31, 2015 if participating in the large fleet compliance schedul e and December 31, 2016 if participating in the small fleet compliance sche dule;

(6 5 ) Starting January 1, 2013, except for eligible ref rigerated-van trailers that the trailer owner elects to bring into compliance in ac cordance with section 95303(b)(3)(F) (B)2 and exempted trailers, a trailer owner may not allo w the operation of a non-compliant trailer on a highway w ithin California if such owner withdraws participation from an applicable tr ailer fleet compliance
schedule;

(7 6 ) The trailer owner must provide to the Executive O fficer any documentation and information required by an applicable trailer f leet compliance schedule by the compliance plan due date specified in such c ompliance schedule;

(8 7 ) The trailer owner must ensure that all informatio n and documentation provided to the Executive Officer is accurate and t rue;

(9 8 ) The trailer owner must ensure that all required i nformation and documentation is received by the Executive Officer by the applicable due dates; the Executive Officer will not be responsib le for materials lost in
transit;

(10) If participating in one of the large fleet compliance schedule s , the trailer owner must continue bringing trailers into complian ce in accordance wit h the original compliance plan if a large fleet compl iance plan revision is notC-54

submitted ;

(11 9 ) The trailer owner must maintain all documentation pertaining to an applicable compliance schedule at the location indi cated on the trailer fleet
list;

(12 10 ) Upon the request of the Executive Officer or othe r authorized enforcement personnel, the trailer owner must provide all infor mation and documentation necessary to verify compliance with t his subarticle, including applicable compliance schedules and the o wner’s compliance plan, and information and documentation necessary t o verify compliance with any other air quality regulation;

(13 11 ) 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 highway within California after July 1 , 2012, unless:

(A) the trailer is listed on the owner’s trailer f leet 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 Execu tive Officer of the trailer’s acquisition (purchase or transfer of ownership) date;

and

2. the trailer is a compliant trailer, a refrigerat ed-van trailer that is eligible to be brought into compliance in accordanc e with the compliance deadlines set forth in section 95303(b)( 3)(B F )2 , or exempt under section 95305;

(14 12 ) A trailer owner may not allow the operation of a non-compliant trailer on a highway within California after December 31 st of the compliance year in

which the trailer is s cheduled to be has been reported to have been brought into compliance;

(15) With the Executive Officer ’s specific approval, a trailer owner may remove a trailer from a particular compliance year’s annual conformance c ommitment

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 a nother t railer from

th e owner’s final annual conformance commitment list on which at least one

trailer is still listed

. If such owner is p articipating in the early compliance option, the replacement trailer must be a delayed c onformance trailer, if one

still exists ;C-55

(1 6 13 ) Except as provided in subsection (b)( 3 ), a 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;

(1 7 14 ) Executive Officer approval will not be granted to allow a newly-formed business, or an existing business commencing operat ions in California, to participate in a compliance schedule after the subm ission due date for the applicable compliance plan has passed;

(1 8 15 ) The Executive Officer may make non-confidential i nformation provided pursuant to an optional trailer fleet compliance sc hedule available to the public for the purpose of helping determine the com pliance status of a trailer or fleet;

(1 9 16 ) Although participation in an optional trailer fle et compliance schedule does not require the Executive Officer’s specific a pproval, the Executive Officer may terminate a fleet’s participation in a compliance schedule if the fleet or any tractor or trailer within the flee t 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 par ticipating in the large fleet compliance schedule, and December 31, 2016, i f participating in the small fleet compliance schedule;

(20 17 ) A trailer owner who is participating in one of the large fleet compliance schedule options may not allow a trailer subject to the requirements of this subarticle to operate on a highway within Cali fornia after July 1, 2010 if participating in Option 1, or July 1, 2011 if pa rticipating in Option 2

, unless:

(A) the trailer is a compliant trailer; or

(B) the trailer is listed on the owner’s trailer f leet 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 F )2 and such deadline has not yet passed; or

(D) the trailer is exempt under section 95305;C-56

(21 18 ) Any violation of the requirements of this section constitutes a violation of

this subarticle.

(19) A trailer owner who has elected to participate in Option 1 and submitted information in accordance with section 95307(b)(3), may withdraw such participation and elect to participate in Option 2 instead. The notice to withdraw must be received by the Executive Officer no later than June
30, 2011;

(20) A trailer owner that has identified an exempt storage trailer or an exempt

local-haul trailer in his or her trailer fleet list in accordance with section 95307(d)(2)(N), must register that trailer in accor dance with the requirements of section 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registratio n Requirements by July 1, 2010 if participating in Option 1, by July 1, 20 11 if participating in Option 2, and by July 1, 2012 if participating in t he Small Fleet Compliance Schedule;

(21) A trailer owner that elects to withdraw partic ipation in a trailer feet compliance schedule must notify the executive offic er and bring all trailers into compliance by December 31, 2012.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95308 Enforcement.

Enforcement of this subarticle may be carried out b y authorized enforcement personnel, which includes representatives of the Air Resources Board ( 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 distric ts; and any other designee of the

Executive Officer

.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

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, and Californialicensed vehicle dealers to determine compliance with this subarticle, an a gent or employee of ARB, upon presentation of proper creden tials, has the right to enter anyC-57

facility (with any necessary safety clearances) whe re HD tractors and box-type trailers are located or HD tractor and box-type trailer reco rds, including dispatch records, are kept.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95310 Penalties.

As provided in Health and Safety Code section 38580 , any person who violates any requirement of this subarticle is subject to the pe nalties set forth in Article 3 (commencing with section 42400) of Chapter 4 of Par t 4, Division 26 of the Health and Safety Code. Failure to comply with any requiremen t of this subarticle shall constitute a single, separate violation for each day during an y portion of which the person is not in compliance.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95311 Record Keeping.

(a) A California-licensed vehicle dealer of a HD tr actor or 53-foot box-type trailer that is subject to the disclosure of regulation applicab ility requirements of section 95303(i) must maintain a record of the disclosure o f regulation applicability for three years after the sale.

(b) A lessor of a HD tractor or a 53-foot or longer box-type trailer that has provided a

lessee with a statement or written notice that info rms the lessee about the lessee’s obligation under terms of the lease to ens ure compliance with the sections 95300-95312, title 17, California Code of Regulations, must maintain a

record of this statement or written notice for thre e years after it is provided to the

lessee.

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.

95311 2 Severability.

If any sub section, paragraph, subparagraph, sentence, clause, phrase, or portion of the subarticle is, for any reason, held invalid, un constitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall n ot affect the validity of the remaining portions of this subarticle.C-58

NOTE: Authority cited: Sections 39600, 39601, 3851 0, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 385 80, Health and Safety Code.