Appendix C 

Proposed Regulation Order 

Amendments to the Tractor-Trailer 

Greenhouse Gas Regulation 

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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 Emission Reduction 

MeasureRegulation

95300 Purpose. 

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

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

on a highway within California. 

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

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

95301. Applicability. 

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

driven on a highway within California, as well as motor 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-type trailers; and 

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

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

(1) drop-frame trailers; 

(2) chassis trailers; 

(3) curtain-side trailers; 

(4) livestock trailers; 
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(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 95305, Exemptions, specified 

requirements of this subarticle do not apply to: 

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

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

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

(4) drayage tractors and the trailers pulled by drayage tractors., 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 Resources Board Heavy-Duty 

Vehicle Greenhouse Gas Emission Reduction Measure. These vehicles 

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

equipment requirements to reduce greenhouse gas emissions. For more 

information, please visit the California Air Resources Board website at 

http://www.arb.ca.gov/cc/hdghg/hdghg.htm.”

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

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

95302. Definitions. 

(a) The following definitions apply to this subarticle: 

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

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

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

aerodynamic technologies: fairings and flow control devices. 
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(2) “Box-type trailer” means a dry-van trailer or refrigerated-van trailer 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 carrier. A motor carrier, or 

person who is an employee or bona fide agent of a carrier, is not a broker 

within the meaning of this section when it arranges or offers to arrange the 

transportation of shipments which it is authorized to transport and which it 

has accepted and legally bound itself to transport.

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

rear side of the tractor that reduces the space between the tractor and 

trailer. 

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

in California. 

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

California where freight is located prior to its transportation. 

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

mounting of a containerized load. 

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

bring trailers into compliance to meet the minimum fleet conformance 

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

(9) “Compliant trailer” means a trailer that complies with the equipment 

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

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

means to either retrofit the trailer with the necessary aerodynamic 

technology or technologies equipment to comply with the equipment 

requirements set forth in subsection 95303(b), as applicable,or remove the 

trailer from the owner’s fleetreplace 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 schedule 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. 
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(12) “Delayed compliance trailer” means a trailer for which compliance may be 

delayed pursuant to subsection 95307(b)(4). 

(13) “Dispatch” means to coordinate delivery, pickup, and drop-off schedules of 

vehicles; and monitor the delivery of freight from these vehicles. 

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

by a motor carrier or broker. 

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

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

regulation for in-use on-road diesel vehicles and the regulation for in-use 

off-road diesel vehicles.

(165) “Drayage tractor” means any in-use on-road tractor with a gross vehicle 

weight rating of greater than 3326,000 pounds or greater operating on or 

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

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

or break-bulk goods. 

(176) “Driver” means a person who physically operates a HD tractor. 

(187) “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. 

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

trailer that is not a refrigerated-van trailer. 

(2019) “Early compliance trailer” means a trailer that has been brought into 

compliance with the equipment requirements set forth in subsection 

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

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

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

delayed compliance trailers. 

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

Code Ssection 165. 

(21) “Empty trailer” means a trailer that does not contain freight. A trailer that 

contains only items used for the handling or securing of freight, such as 

moving blankets, straps, moving dollies, and tool kits that are used in the 

transport of other items in the trailer, or to maintain the tractor or trailer on 

the road, is considered an empty trailer. 
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(22) “Fairing” means a structure with smoothly contoured solid surfaces that 

reduces the wind resistance of the objects theyit covers. 

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

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

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

different subsidiaries, divisions, or other organizational structures of a 

company or agency. 

(24) “Flow control device” means a design element that manipulates the air flow 

around an object by changing the air flow characteristics in order to reduce 

the pressure force exerted on the vehicle. 

(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 include items that are used 

exclusively to secure items being transported in the 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 moving dollies. 

(256) “Fuel tank fairing” , also known as a chassis skirt, means a fairing 

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

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

tank. 

(267) “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. 

(278) “Gross vehicle weight rating” or “GVWR” means the “GVWR” as defined 

in California Vehicle Code Ssection 350. 

(289) “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). 

(2930) “Highway” means a “highway” as defined in California Vehicle Code 

section 360. 

(301) “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. 
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(32) “Intermodal railyard” means any rail facility where trailers are transferred 

from drayage tractor to train or vice-versa.

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

(324) “Local- haul base” means the location where a local-haul tractor or localhaul trailer is garaged, maintained, andor from which it is routinely 

dispatched. 

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

100-mile radius of its local-haul base. 

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

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

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

efficiency of a tractor pulling a trailer by minimizing its rolling resistance, 

which consists of the energy lost as heat within the rubber itself, as well as 

aerodynamic drag of the tire, and friction between the tire and the road and 

between the tire and the rim when the tire is rolling under load; rolling 

resistance is expressed as the energy consumed per unit distance as the 

tire rolls under load. 

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

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

1905. 

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

Code Ssection 408. 

(40) “Non-compliant Tractor Pass” means a temporary permit issued by the 

Executive Officer in accordance with the requirements of section 95305(i) 

that allows a HD tractor to pull a 53-foot or longer box-type trailer on a 

highway within California without meeting the requirements 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) § 679.2, as adopted

June 19, 1996;
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(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 ignition engine with a percylinder displacement of greater than or equal to 30 liters. 

(42) “Open-shoulder tire” means a tire that is constructed such that the two outer 

tread ribs, located where the tread and sidewalls meet, are separated into 

individual tread blocks and is designed to improve traction when traveling on 

mud or snow covered highways. 

(3843) “Owner” of a tractor or trailer means the person or persons 

registered as the owner of the tractor or trailer by the California Department 

of Motor Vehicles or its equivalent in another state, province, or country 

(presumed at the time of any citation to be the person or persons identified 

as the owner on the registration document or title carried on the vehicle), 

except in the following circumstances: 

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

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

subarticle if the registered owner of the vehicle clearly demonstrates 

the person’s maintenance responsibilities include responsibility for 

installing and maintaining the tires and aerodynamic technologies 

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

subsection apply to tractors or trailers that are leased.

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

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

branch, agency or other organization within the federal government 

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

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

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

(CB) for a leased tractor, the person or persons registered as the 

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

Vehicles or its equivalent in another state, province, or country (usually 

the lessor) is the owner for purposes of this subarticle, except that the 

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

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 longer box-type 

trailer on a highway within California, the heavy-duty tractor must 
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be compliant with sections 95300 – 953112, title 17, California 

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

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

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

tires that are U.S. Environmental Protection Agency (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 tractor and is not a 

U.S. EPA Certified SmartWay Certified Tractor.” 

(DC ) for a leased trailer that is leased prior to January 1, 2013, the 

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

the California Department of Motor Vehicles or its equivalent in another 

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

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

owner for purposes of this subarticle if both of the following 

requirements are met: 

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

actual written notice that clearly informed the lessee about the 

requirements of this subarticle and about the lessee’s obligation 

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

requirements prior to use of the trailer in California. This 

requirement may be satisfied if either the lessee is 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 that when using 

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

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

compliant with sections 95300 – 953112, title 17, California 

Code of Regulations, and that it is the responsibility of the 

lessee to ensure this box-type trailer is compliant. The 

regulations may require this trailer to have low-rolling-resistance 

tires and aerodynamic technologies that are U.S. Environmental 

Protection Agency Verified SmartWay 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; or 
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b. the lessor provides a reasonable method to exchange the 

trailer for one that is compliant with this subarticle. 

 

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

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

the California Department of Motor Vehicles or its equivalent in another 

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

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

owner for purposes of this subarticle if either the lessor demonstrates 

that the lessor provided the lessee with the following 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 that when using 

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

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

compliant with sections 95300 – 953112, title 17, California 

Code of Regulations, and that it is the responsibility of the 

lessee to ensure this box-type trailer is compliant. The 

regulations may require this trailer to have low-rolling-resistance 

tires and aerodynamic technologies that are U.S. Environmental 

Protection Agency Verified SmartWay Verified Technologies 

prior to current or future use in California.” 

(FE) For purposes of this subarticle, the terms “lease agreement,” “leased,” 

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

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

(3944) “Person” means an individual, corporation, business trust, estate, trust, 

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

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

any other legal or commercial entity. 

(45) "Port" means the port property where marine and port terminals are typically 

located for the loading and unloading of water-borne 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, Port of Oakland, Port 

of San Francisco, Port of Sacramento, Port of Stockton, Port of Redwood 

City, Port of Crockett, Port of Richmond, Port of Pittsburg, and the Port of 

Benicia.

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

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

the air passing over the side and top surfaces of the trailer. 
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(417) “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 freight that requires climate 

control, such as used to haul frozen food, fresh produce, hot or warm food, 

and other perishable items. 

(428) “Refuse trailer” means a trailer that is used to haul solid waste 

material. Solid waste includes garbage, construction debris, commercial 

refuse, and other discarded materials. 

(49) “Relocation Pass” means a temporary permit issued by the Executive 

Officer in accordance with the requirements of section 95305(f) that allows a 

local-haul trailer to relocate to either a new local-haul base or to an out-ofstate location while hauling freight; a storage trailer to relocate to a new 

storage location or to an out-of-state location while 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 applicable requirements of 

sections 95303(b). 

(4350) “Semitrailer” means a “Semitrailer” as defined in section 550 of the 

California Vehicle Code. 

(4451) “Shipper” means a person that has possession of freight prior to its 

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

distribution centers, and temporary freight storage facilities. 

(4552) “Short-haul tractor” means a HD tractor that travels less than 50,000 

miles per year, including all miles accrued both inside and outside of 

California. 

(4653) “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 items at a 

fixed location. 

(4755) “Tractor” means a “Truck Tractor” as defined in section 655 of the 

California Vehicle Code. 

(4856) “Trailer” means a semitrailer. 

(57) “Transfer of Ownership Pass” means a temporary permit issued by the 

Executive Officer in accordance with the requirements 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 meeting all of the applicable
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requirements of sections 95303(b) for the purpose of delivering that trailer 

from its current location to the transferee’s location.

(4958) “Transport refrigeration unit” or “TRU” means a refrigeration system 

powered by an integral internal combustion engine designed to control the 

environment of temperature sensitive products that are transported in trucks 

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

heating. 

(59) “TRUCRS (Truck Regulation Upload, Compliance, and Reporting System)”

is the on-line reporting tool for this subarticle.

(5060) “U.S. EPA Certified SmartWay Certified Tractor” means a tractor that 

has been certified by the United States Environmental Protection Agency 

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

EPA SmartWay Transport Partnership Program. 

(5161) “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. 

(5262) “U.S. EPA SmartWay Transport Partnership Program” means the U.S. 

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

the transportation industry to improve energy efficiency, reduce greenhouse 

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

establishes incentives for improving freight movement efficiency and the fuel 

efficiency of freight moving equipment. Information on the U.S. EPA 

SmartWay Transport Partnership Program is available from the SmartWay

program office at 2000 Traverwood, Ann Arbor, Michigan 48105; and at the 

U.S. EPA SmartWay website at http://www.epa.gov/smartway/.

(5363) “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 specifications and requirements of 

the U.S. EPA SmartWay Transport Partnership Program. 

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

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

95303 Requirements and Compliance Deadlines. 

(a) Tractor Requirements. 
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(1) Except as provided in subsection 95305, Exemptions, 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 subsection 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-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. 

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

20123, no 2010 or previous model year HD tractor, pulling a 53-foot or 

longer box-type trailer shall operate on a highway within California unless 

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

(b) Trailer Requirements. 

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

Except as provided in subsection 95305, Exemptions, beginning January 1, 

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

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

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

(B) equipped with both: 

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

and 

2. any combination ofa dry-van trailer aerodynamic technologyies 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 combination 

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 defined by 

the U.S. EPA SmartWay Partnership Program, or 

b. a U.S. EPA SmartWay Verified Technology or combination 

of U.S. EPA SmartWay Verified Technologies that met the 
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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 modifications that 

are required to enable a particular SmartWay technology to 

be installed on a trailer are allowed. Such modifications must 

not significantly increase the aerodynamic drag of the base, 

unmodified SmartWay Verified configuration, and the

modifications may only be used if prior written approval is 

obtained from the Executive Officer. The Executive Officer 

will base his or her approval on information submitted that 

describes the modification, the need therefore, and any test 

data or other information that demonstrates the proposed 

modifications would not significantly increase the 

aerodynamic drag of the SmartWay Verified configuration, 

and on good engineering judgment.

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

Except as provided in subsection 95305, Exemptions, beginning January 1, 

2010, no 2011 or subsequent model year 53-foot or longer 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 aerodynamic 

technology any 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 accordance 

with the requirements defined by the U.S. EPA SmartWay 

Partnership Program. 

 

a. a U.S. EPA SmartWay Verified Technology or combination 

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 defined by 

the U.S. EPA SmartWay Partnership Program, or 

b. a U.S. EPA SmartWay Verified Technology or combination 

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 SmartWay 
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Verified Technology configurations. Only modifications that 

are required to enable a particular SmartWay technology to 

be installed on a trailer are allowed. Such modifications 

must not significantly increase the aerodynamic drag of the 

base, unmodified SmartWay Verified configuration, and the 

modifications may only be used if prior written approval is 

obtained from the Executive Officer. The Executive Officer 

will base his or her approval on information submitted that 

describes the modification, the need therefore, and any test 

data or other information that demonstrates the proposed 

modifications would not significantly increase the 

aerodynamic drag of the SmartWay Verified configuration, 

and on good engineering judgment.

(3) 2010 or Previous Model Year Dry-Van and Refrigerated-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 pulled by a HD tractor may not 

travel on a highway within California unless all of the following requirements 

are met by the compliance dates specified. after the compliance deadlines 

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

meets the requirements of subsections (b)(1)(A) or (b)(1)(B), or a 

refrigerated-van trailer that meets the requirements of subsections (b)(2)(A) 

or (b)(2)(B).

(A) By January 1, 2017, a 2010 or previous model year 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 Verified 

Technologies.

(B) For dry-van trailers not participating in an optional 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 either be 

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

2. equipped with a dry-van trailer aerodynamic technology or 

combination of technologies that is either 

a. a U.S. EPA SmartWay Verified Technology or combination 

of U.S. EPA SmartWay Verified Technologies that has been 
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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, or 

b. a U.S. EPA SmartWay Verified Technology or combination 

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 modifications that 

are required to enable a particular SmartWay technology to 

be installed on a trailer are allowed. Such modifications 

must not significantly increase the aerodynamic drag of the 

base, unmodified SmartWay Verified configuration, and the 

modifications may only be used if prior written approval is 

obtained from the Executive Officer. The Executive Officer 

will base his or her approval on information submitted that 

describes the modification, the need therefore, and any test 

data or other information that demonstrates the proposed 

modifications would not significantly increase the 

aerodynamic drag of the SmartWay Verified configuration, 

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 previous model year 

53-foot or longer refrigerated-van trailer must either be 

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

2. equipped with a dry-van or refrigerated-van trailer aerodynamic 

technology or combination of technologies that is either 

a. a U.S. EPA SmartWay Verified Technology or combination 

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 defined by 

the U.S. EPA SmartWay Partnership Program, or 

b. a U.S. EPA SmartWay Verified Technology or combination 

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 modifications that 

are required to enable a particular SmartWay technology to 

be installed on a trailer are allowed. Such modifications 
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must not significantly increase the aerodynamic drag of the 

base, unmodified SmartWay Verified configuration, and the 

modifications may only be used if prior written approval is 

obtained from the Executive Officer. The Executive Officer 

will base his or her approval on information submitted that 

describes the modification, the need therefore, and any test 

data or other information that demonstrates the proposed 

modifications would not significantly increase the 

aerodynamic drag of the SmartWay Verified configuration, 

and on good engineering judgment.

(D) For dry-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 dry-van trailer must either meet the requirements defined in 

section 95303(b)(3)(B)1. or the requirements defined 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 the requirements 

defined in section 95303(b)(3)(C)1. or the requirements 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 subsequent model year 

transport refrigeration unit engine must be equipped 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 trailer

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

3. January 1, 2020 for a 2007, 2008, or 2009 model year trailer

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

longer box-type trailer must meet the requirements in subsection 

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

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

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

compliance dates in section 95307, Optional Trailer Fleet Compliance 

Schedules, if such trailer is included in the fleet of trailers participating 
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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 trailer; or

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

 

(c) Requirements for Drivers. 

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

trailer on a highway within California unless both the tractor and the trailer: 

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

forth in subsections 95303(a) and 95303(b); and 

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

Operating Condition Requirements . 

(2) A driver must, upon demandrequest, provide the following available

information to authorized enforcement personnel identified 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 carrier information set forth 

in subsection 95303(g)(1)(B); and

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

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

(I) if operating a drayage tractor that is exempt pursuant to the 

requirements of section 95305(d), documentation indicating the port or 

intermodal railyard of origin or destination, as applicable; and 
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(J) if operating a HD tractor pulling a 53-foot or longer box-type trailer that 

is operating under either a Relocation Pass pursuant 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 that 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 pursuant 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.

(34) 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 tractor or the trailer has 

aerodynamic technologies that are not deployed or not in their operational 

configuration. 

(d) Requirements for Owners of HD Tractors. 

(1) An owner of a HD tractor cannot may not use or authorize the use of cause 

to be used a HD tractor to pull a 53-foot or longer box-type trailer on a 

highway within California unless both the HD tractor and the box-type trailer: 

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

forth in subsections 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 trailer 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 deadlines set forth in 

subsection 95303(b); and 

(B) is in good operating condition as defined in section 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 requirements of subsection 

95303(b)(3) may elect to follow an alternative compliance schedule, if 

applicable. Owners that choose to follow an alternative compliance 
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schedule must meet the requirements of section 95307, 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 longer box-type trailer for 

travel on a highway within California if the tractor or and trailer 

compliesy with the operating requirements and compliance deadlines 

set forth in subsections 95303(a) and 95303(b); 

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

travelling 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 longer box-type trailer for 

travel on a highway within California if the tractor or and trailer 

compliesy with the operating requirements and compliance deadlines 

set forth in subsections 95303(a) and 95303(b); 

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

travelling 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 number. 

 
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(h) Requirements for California-based Shippers. 

(A)(1) A California-based shipper must not ship freight from its California facility 

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

highway within California unless the HD tractor and the 53-foot or longer 

box-type trailer comply with the operating requirements and compliance 

deadlines set forth in subsections 95303(a) and 95303(b). 

(i) Requirements for California-licensed Vehicle Dealers.

(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-type 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 vehicles may be required to 

use low-rolling-resistance tires and meet aerodynamic 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 38580, 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 aerodynamic mirror, a cab side 

extender, a fuel tank fairing, and an integrated sleeper cab roof fairing on a 

U.S. EPA Certified SmartWay Tractor must meet the following criteria: 

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

specifications; 

(B) Each must be securely fastened to the tractor; 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 Aaerodynamic technologyies installed on a box-type trailer must meet 

the following criteria: 
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(A) The aerodynamic technologyies must either be installed: in accordance 

with the aerodynamic technology manufacturer’s specifications;

1. in accordance with the aerodynamic technology manufacturer’s 

specifications such that the technology continues to 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 Officer.

(B) The aerodynamic technologyies must be securely fastened to the 

trailer; 

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

sections; and

(D) The aerodynamic technologyies 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 capable of being 

folded back against the trailer sides or otherwise be readily compacted 

to allow normal functioning of doors. 

 

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

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

95305 Exemptions. 

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

met: A short-haul tractor is exempt from the requirements of subsections 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 Trailer 

Exemption Requirements.

 

(1) A short-haul tractor pulling a 53-foot or longer 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 submittal of the applicable 

information identified in section 95306, Short-Haul Tractor, Local-Haul 

Tractor, Local-Haul Trailer, and Storage Trailer Registration 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 exempt short-haul tractor.
C-22 

(3) The use of an exempt short-haul tractor in excess 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 personnel 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 carrier 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 section 95308 to directly 

view the odometer of the exempt short-haul tractor.

(6) For an exempt short-haul tractor that is removed 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 Officer and update the shorthaul tractor information submitted in accordance with sections 95306(d) to 

reflect this 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. 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 the short-haul exemption

under that owner for 36 months from the date its exempt status was lost. 

(7) A short-haul tractor exemption remains in effect for a period of one year 

from the date that the information required in sections 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 with the requirements of 
C-23 

this section. To extend the exemption for an additional one year from the 

expiration date of the exemption, the owner must submit 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 date of the exemption.

(8) The owner of more than one short-haul tractor may consolidate the dates to 

apply for an extension with approval of the Executive 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 95303

(a)(1), but still must comply with the requirements of subsections 95303 (a)(2) 

and 95303 (a)(3), if its owner complies with the requirements of section 95306,

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

Requirements. 

(1) A local-haul tractor pulling a 53-foot or longer 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 longer 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 longer box-type trailer is exempt 

from the requirements of sections 95303(b)(3)(B), 95303(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 authorized enforcement 

personnel identified in section 95308, Enforcement.

(5) A local-haul tractor exemption will remain in effect as long as the owner and 

the exempt tractor remain in compliance with the requirements of this 

section. 

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

if the information submitted in accordance with sections 95306(b) through 

section 95306(d) and section 95306(f) has changed, and must submit the 
C-24 

updated information to the Executive Officer within 15 days of change. 

(7) For a local-haul tractor that is removed from an owner’s local-haul fleet, 

taken out of service, or is otherwise no longer exempt, the owner must notify 

the Executive Officer and update the local-haul tractor information submitted 

in accordance with sections 95306(d) to reflect this 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 sections

95303(b)(1)(A), 95303(b)(1)(B)2, 95303(b)(2)(A), and 95303(b)(2)(B)2, but still 

must comply with the requirements of sections 95303(b)(1)(B)1 and 

95303(b)(2)(B)1 if its owner complies with the requirements of section 95306,

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

Requirements. 

(1) A 2011 or subsequent model year local-haul 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 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 trailer’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 purposes of relocating the 

local-haul trailer to another local-haul base and the local-haul trailer is 

empty, or

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

 (2) A 2010 or previous model year local-haul trailer 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 trailer’s local-haul base, or
C-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 purposes of relocating the 

local-haul trailer to another local-haul base and the local-haul trailer is 

empty, or

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

(3) A local-haul trailer exemption will remain in effect as long as the owner and 

the exempt trailer are in compliance with the requirements of this section. 

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

the information submitted in accordance with sections 95306(b), 95306(c), 

and 95306(e) has changed, and must submit the updated information to the 

Executive Officer within 15 days of change. 

(5) For an exempt local-haul trailer that is removed from an owner’s exempt 

local-haul fleet, taken out of service, or is otherwise no longer exempt, the 

owner must notify the Executive Officer and update the local-haul trailer 

information submitted in accordance with section 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 California, whichever occurs first, or 

within 30 days of the trailer being taken out of service. 

(6) The driver of a HD tractor pulling an empty, exempt 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 short-haul HD tractor that is 

exempt under subsection 95305(a).

(1) A drayage tractor pulling a 53-foot or longer box-type trailer on a California 

highway within 100 miles of a port or intermodal railyard 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 by the drayage tractor, 

and the driver has documentation indicating the port or intermodal 

railyard of origin; or 

(B) the drayage tractor is transporting the trailer 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 intermodal 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 

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

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

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

tractor that is exempt under subsection 95305(b).

(1) A storage trailer is exempt from the requirements of sections 95303(b) if the 

storage 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 

have been met: 

(A) the storage trailer is being pulled by a HD tractor on a California 

highway for purposes of relocating the storage trailer 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 effect as long as the owner and 

the exempt storage trailer are in compliance with the requirements of this 

section. 

(3) The owner of an exempt storage trailer must notify the Executive Officer if 

the information submitted in accordance with sections 95306(b) and 

95306(e) has changed, and must submit the updated information to the 

Executive Officer within 15 days of the change.

(4) For an exempt storage trailer that is removed from 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 update the exempt storage 

trailer information submitted in accordance with section 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 California, whichever occurs first, or 

within 30 days of the trailer being taken out of service. 

(5) The driver of a HD tractor pulling an empty, exempt storage trailer must, 

upon request, allow authorized enforcement personnel 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 tractor is exempt from the 

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

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

is exempt under subsection 95305(c).
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(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 exceed three consecutive 

days. 

(A) An exempt local-haul trailer traveling under a Reloction Pass may 

transport freight on a California highway further than 100 miles from its 

local haul base while either en route to a new local 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 Relocation Pass may 

transport freight on a California highway while either 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 53-foot or longer box-type 

trailer located out-of-state may operate that vehicle 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 95303(b) while either 

en route from an out-of-state location to a local-haul base where it will 

operate as a registered local-haul trailer, or en route 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 location under Relocation Pass, 

within 48 hours after arrival at the local-haul base or storage location, the 

owner of the 53-foot or longer box-type trailer must 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 Executive Officer must be 

made prior to the trailer’s relocation. In the request, the owner must provide 

the Executive Officer the following information:

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

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

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

new local-haul base.

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

new storage trailer location. 

(E) Date trailer will begin relocation travel.

(5) No trailer will be granted more than four Relocation 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 that will contain the 

following information:

1. Effective dates of the Relocation Pass which shall 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 trailer 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) involved in the transfer of 

ownership of a 53-foot or longer box-type trailer may 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 from the transferor to the 

transferee is temporarily exempt from the requirements of sections 

95303(b).

(3) To obtain a Transfer of Ownership Pass, a request 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 is the trailer’s 

registered owner at the time of delivery, either the transferor or transferee. 

In the request, the transferor must provide the Executive Officer the 

following information for each trailer : 
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(A) Transferor’s contact information:

1. Transferor’s name, and if a corporate entity or governmental 

agency is selling the trailer, the responsible official and title (if 

applicable);

2. Name of transferor’s company, corporation, or governmental 

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 company including city, 

state or province, zip code, colonia (Mexico only), and country;

7. Mailing address including city, state or province, zip code, colonia 

(Mexico only), and country;

8. Physical address of location where records pertaining to the 

applicable 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 applicable); and

13. TRUCRS identification number of corporate parent (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 official and title (if 

applicable);

2. Name of transferee’s company, corporation, or governmental 

agency (if applicable);
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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 company including 

city, state or province, zip code, colonia (Mexico only), and 

country;

7. Mailing address including city, state or province, zip code, colonia 

(Mexico only), and country;

8. Physical address of location where records pertaining to the 

applicable 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 applicable); and

13. TRUCRS identification number of corporate parent (if one has 

been obtained).

(C) Trailer identification number (VIN).

(D) Address of location of trailer prior to start of 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 trailer is scheduled to begin 

travel on a California highway under the Transfer of Ownership Pass to 

when the trailer is scheduled to end travel on a California highway 

under the Transfer of Ownership Pass is greater than three 

consecutive days, then the Executive Officer may request additional 
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information from the transferor.

(4) For transfers of ownership where the transferor or transferee is not a 

licensed vehicle dealer, once a Transfer of Ownership Pass has been 

approved for a trailer, the transferor and transferee 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 has been approved for a 

trailer, the transferor and transferee are jointly eligible for only one additional 

Transfer of Ownership Pass for that same trailer within the one year period 

that begins with the last effective date of the first 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 identified 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 Pass.

2. Transfer of Ownership Pass Approval Number. 

 (h) Non-compliant Tractor Pass 

(1) Until January 1, 2015, a HD tractor traveling under a Non-compliant Tractor 

Pass while pulling a 53-foot or longer box-type trailer on a highway within 

California is temporarily exempt from the requirements of section 95303(a)

for a specified period, as determined by the Executive 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 California is temporarily 

exempt from the requirements of section 95303(b) for a specified period, as 

determined by the Executive Officer, not to exceed three consecutive days. 

(3) To obtain an Non-compliant Tractor Pass, the tractor owner must make a 

request to the Executive Officer prior to affected travel. In the request, the 

owner must provide the following information for each tractor. 

(A) Owner contact information, as specified in section 95306 (b). 
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(B) Tractor identification number (VIN).

(C) Date tractor will begin travel, or enter California if traveling from out of 

state location, under the Non-compliant Tractor Pass. 

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

year

(5) Only one tractor per fleet operating under a common United States 

Department of Transportation (USDOT) number, motor carrier identification 

number, or International Registration Plan (IRP) fleet 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 identified 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 format that will contain 

the following information:

1. Effective dates of the Non-compliant Tractor Pass.

2. Non-compliant Tractor Pass Approval Number. 

(i) Trailer Aerodynamic Equipment Compliance Delay

(1) An owner of a dry-van or refrigerated-van trailer that is subject to the 

requirements of section 95303(b) may apply for a Trailer Aerodynamic 

Equipment Compliance Delay if the trailer is configured such that existing

aerodynamic technologies necessary to meet the requirements 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 Equipment 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 year from the trailer’s 

current compliance date, or one year from the Trailer Aerodynamic 

Equipment Compliance Delay approval date, whichever is later.

(B) For a trailer participating in an optional trailer fleet compliance 

schedule as defined in section 95307, Optional Trailer Fleet 

Compliance Schedules, the applicable compliance date is one year 
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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 Compliance Delay, an owner 

must provide the Executive Officer the following information

(A) Owner contact information

1. Trailer owner’s name, and if a corporate entity or governmental 

agency owns the trailer, the responsible official and title (if 

applicable);

2. Street address of owner or owner’s company including city, state 

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

3. Mailing address including city, state or province, 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 compliance delay trailer)

1. Trailer vehicle identification number (VIN).

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

3. Current scheduled compliance date of trailers.

4. Narrative description of why exemption is necessary. Description 

should clearly explain why all available aerodynamic technologies 

that meets the requirements defined in sections 

95303(b)(1)(B)(2)a. or 95303(b)(2)(B)(2)a. cannot be installed on 

the trailer, and why modification of such technologies is infeasible

without compromising the aerodynamic effectiveness of the 

technology or technologies. 

5. Additional supporting materials as requested by the Executive 

Officer. 
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(4) Applications for a Trailer Aerodynamic Equipment 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 application for a Trailer 

Aerodynamic Equipment Compliance Delay within 30 days of receipt of the 

application, and notify the applicant in writing of the decision.

(A) If the Executive Officer determines that the candidate trailer(s) 

identified in the application can be equipped with an aerodynamic 

technology that meets the requirements defined in sections 

95303(b)(1)(B)(2) or 95303(b)(2)(B)(2), the application will be denied.

(B) If approved, the Executive Officer will notify the applicant in writing of 

the new effective compliance dates for those trailers identified in the 

application.

(6) The applicant may request an extension to an approved Trailer 

Aerodynamic Equipment Compliance Delay compliance dates no sooner 

than 30 days prior to the new effective compliance dates. 

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

Drive Tires

(1) Until January 1, 2013, a 2011 or subsequent model year HD tractor pulling a 

53-foot or longer box-type trailer subject to the requirements of section 

95303(a) may operate on a highway within California with two or more 

open-shoulder drive tires that are not SmartWay Verified Technologies. 

(k) An owner may be prohibited by the Executive Officer from operating his or her 

vehicles under the provisions of section 95305 if the owner or any of owner’s 

vehicles that are registered exempt short-haul tractors, local-haul tractors, localhaul trailers, or storage trailers are found in violation of any requirement of 

section 95305. 

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

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

95306 Short-Haul 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 subsections 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 Executive Officer all applicable 
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information and statements identified in subsections 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 businesscorporate 

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 businesscorporate entity 

or governmental agency owns the trailer, the responsible official and title (if 

applicable); 

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

applicable); 

(4) Corporate parent (if applicable); 

(5) Motor carrier identification number and type; 

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

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

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

only), and country; 

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

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

code, colonia (Mexico only), and country;

(98) Owner contact person’s name; 

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

(1110) Email address of owner or owner’s companycontact person (if available); 

(1211) Company taxpayer identification number (if applicable); and 

(1312) DOORSTRUCRS 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; 
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(2) Contact person’s title; 

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

(Mexico only), and country; and 

(4) Telephone number of local-haul base. 

 

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

exempted, the following information: 

 (1) Type of exemption applied for: 

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

 

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

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

(3) Tractor make; 

(4) Tractor model; 

(5) Tractor model year; 

(6) State or province of registration; 

(7) Country of registration; 

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

(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 identification number (VIN)); 

(3) Trailer make; 
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(4) Trailer model; 

(5) Trailer model year; 

(6) State or province of registration; 

(7) Country of registration; 

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

(9) License plate number; and 

(10) For a local-haul trailer only, the local-haul tTrailer’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 

subsections 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 if 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 actions 

for violations of sections 95300-953112, 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 trailer[s] is [or are] empty 

or I have obtained a Relocation Pass[es] for the trailer[s]. If

stopped for inspection by authorized enforcement personnel, 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 95300-953112, title 17, California Code of Regulations. If

stopped for inspection by authorized enforcement personnel, I will 
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allow visual inspection of the tractor’s [or tractors’] odometer[s]. I 

declare under penalty of perjury that the information 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 only 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 transport any items in the 

trailer[s] when pulling it[them] on California highways, the trailer[s]

may lose exempt status, which may result in enforcement action for 

violations of sections 95300-95312, title 17, California Code of 

Regulations. If stopped for inspection by authorized enforcement 

personnel, 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.”

(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 submitted 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 owner’s local-haul fleet 

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

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

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

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

the trailer travelling on a highway within California, whichever occurs first. 

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

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

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

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

ownership of the tractor, or prior to the tractor travelling on a highway within 

California, whichever occurs first. A tractor that is removed from the owner’s 

short-haul tractor fleet or that for any other reason loses its exempt status under 

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

95305(a) for 36 months from the date its exempt status was lost.

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

for a period of 1 year from the date that the information required in subsections 
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95306(b) through (f) is submitted to the Executive Officer if the owner and the 

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

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

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

expiration date of the exemption. 

(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 information to 

authorized enforcement personnel identified in section 95308:

(1) Driver’s license; 

(2) Odometer reading of tractor;

(3) Tractor registration;

(4) Origin of freight being transported;

(5) Destination of freight being transported;

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

subsection 95303(g)(1)(B);

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

95303(f)(1)(B); and

(8) Vehicle identification number. 

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

authorized enforcement personnel to directly view the odometer of the HD 

tractor.

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

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

(n) The use of a local-haul tractor that is exempt under subsection 95305(b) 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, 38510, 38560, and 38560.5, Health and Safety Code. 

Reference: Sections 39600, 38560, 38560.5, and 38580, 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 of one or more 2010 or 

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

trailers into compliance in accordance with an applicable compliance 

schedule set forth in this subsection. 

(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 by the fleet owner prior to 

July 1, 2011. 

(4) Trailers participating in the small fleet compliance schedule specified in 

section 95307(c) must be acquired by the fleet owner prior to July, 1, 2012.

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

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

including: 

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

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

1. existing compliant trailers; 

2. non-compliant trailers; 

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

and 

4. refrigerated-van trailers that are eligible for the compliance 

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

(36) Applicable Compliance Schedules. 

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

determined in accordance with subsection 95307(a)(2) above, may 

only elect to participate in either of the following two compliance 

schedule options. A large fleet owner who does not register for one of 

these options must bring all trailers in the fleet into compliance as 
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specified in section 95303(b)(3)(B) or section 95303(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 or fewer trailers may elect to 

participatehas 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 subsections (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 schedule 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 percentage 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 beginning January 1, 2012;

(C) 30 percent beginning January 1, 2013;

(D) 50 percent beginning January 1, 2014;

(E) 75 percent beginning January 1, 2015; and

(F) 100 percent beginning January 1, 2016.

1. 5 percent beginning January 1, 2011;

2. 15 percent beginning January 1, 2012;

3. 30 percent beginning January 1, 2013;
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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 (PY) 

Conformance 

Threshold Deadline 

2010 5% January 1, 2011 

2011 15% January 1, 2012 

2012 30% January 1, 2013 

2013 50% January 1, 2014 

2014 75% January 1, 2015 

2015 100% January 1, 2016 

(2) 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 schedule option must ensure 

that the percentage of compliant trailers on the compliance 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.
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Table 2: Minimum Fleet Conformance Thresholds 

for the Large Fleet Compliance Schedule (Option 2) 

Compliance 

Year (Y)

Minimum Fleet Conformance 

Threshold (PY)

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

(23) Large fleet compliance plan: To participate in either Option 1 or Option 2the 

large fleet compliance schedule, a trailer owner must provide the following 

information to the Executive Officer, electronically or in a document package 

entitled “Large Fleet Compliance Plan,” by July 1, 2010 for Option 1, and by 

July 1, 2011 for Option 2. This submittal must include the following: 

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

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

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

with subsection 95307(e)(1); 

(D) Compliance plan base list, in accordance with subsection 95307(d)(3); 

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

accordance with subsection 95307(e)(5); and

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

accordance with subsection (d)(4); and

(GF) Early compliance option reporting, if applicable: If a trailer owner elects 

to delay the compliance of trailers in accordance with subsection 

95307(b)(4), such owner must submit the following trailer information 

within the compliance plan: 

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

trailers determined in accordance with subsection 95307(b)(4); 

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

early compliance option must clearly identify on the trailer fleet list 

all early compliance trailers; 
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3. Delayed compliance trailer number, calculated in accordance with 

subsection 95307(e)(3); and 

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

early compliance option must clearly identify on the trailer fleet list 

all delayed compliance trailers. 

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

revisions to the annual conformance commitment lists reported for 

compliance years 2013, 2014, and 2015, electronically or by submitting a 

document titled, “Large Fleet Compliance Plan Revision,” by July 1, 2013. 

Although this allows a trailer owner to redistribute trailers 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 redistribute trailers amongst the 

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

2015 and the list of delayed compliance trailers. 

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

forth in this subsection, for every one early compliance trailer in an owner’s 

fleet, a trailer owner may delay the retrofit or replacement of 1.5 noncompliant trailers until December 31, 2016. 

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

in accordance with subsection 95307(e)(4): The number of early 

compliance trailers within a fleet may not exceed the equivalent of 20 

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

compliance under the large fleet compliance schedule and 2) the total 

number of trailers within the fleet that are in compliance before January 

1, 2010. 

(B) A trailer owner must bring all delayed compliance 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 

subsection 95307(b)(23)(GF), as part of the large fleet compliance plan 

by July 1, 2010 for Option 1, and by July 1, 2011 for Option 2. 

(c) Small Fleet Compliance Schedule. 

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

participating in the small fleet compliance schedule must ensure that the 

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

in subsection 95307(d)(3), is equal to or greater than: 
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(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 23: Minimum Fleet Conformance Thresholds 

for the Small Fleet Compliance Schedule 

Compliance 

Year (Y) 

Minimum Fleet Conformance 

Threshold (PY) 

Conformance Threshold 

Deadline 

2013 25% January 1, 2014 

2014 50% January 1, 2015 

2015 75% January 1, 2016 

2016 100% January 1, 2017 

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

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

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

Fleet Compliance Plan,” by July 1, 2012. This submittal must include the 

following: 

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

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

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

with subsection 95307(e)(2); 

(D) Compliance plan base list, in accordance with subsection 95307(d)(3); 

and

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

accordance with subsection 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 must 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: 
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(A) A statement indicating that the trailer owner elects to participate in an 

optional trailer fleet compliance schedule; 

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

owner elects to participate; 

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

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

20 or fewer 53-foot or longer box-type trailers; 

(D) A statement affirming that the trailer owner will bring all non-compliant 

trailers subject to the requirements of this regulation into compliance in 

accordance with the applicable compliance schedule;

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

participation in an applicable compliance schedule may be terminated 

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

vehicles, be found in violation of this regulation;

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

participation in a compliance schedule is terminated by the Executive 

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

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

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

compliance schedule and December 31, 2016 if participating in the 

small fleet compliance schedule; 

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

participation in an applicable trailer fleet compliance schedule is 

withdrawn, such owner will not be allowed to operate a non-compliant 

trailer on a highway within California beginning January 1, 2013, 

except for refrigerated-van trailers that are eligible for the compliance 

deadlines set forth in section 95303(b)(3)(BF)2 and exempted trailers; 

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

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

conduct periodic audits of vehicles and records to ensure compliance 

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

quality regulations; and 

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

applicable, a company or governmental official, affirming that all 

information contained within the compliance plan, including information 

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

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

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

the applicable compliance plan due date. Except upon specific Executive 

Officer approval, the trailer owner may not change the number or identity of 

trailers included on the trailer fleet list once the submission due date for the 

applicable compliance plan has passed. The trailer fleet list must include 

the following: 

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

is a business entity or governmental agency; 

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

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

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

(Mexico only), and country; 

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

(Mexico only), and country; 

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

compliance schedule will be maintained including city, state or 

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

(G) Contact person’s name; 

(H) Telephone number; 

(I) Email address (if available); 

(J) Company taxpayer identification number (if applicable); 

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

(L) DOORSTRUCRS identification number of corporate parent (if 

applicable); 

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

trailers that are subject to the requirements of this subarticle while the 

owner is participating in an optional trailer fleet compliance schedule: 

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

compliance schedules, the trailer list must include all trailers that 

will operate in California including compliant trailers, non-compliant 
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trailers, exempted trailers, and refrigerated-van trailers that are 

eligible for the compliance deadlines set forth in section 

95303(b)(3)(BF)2; 

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

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

including compliant trailers, non-compliant trailers, exempted 

trailers, and refrigerated-van trailers that are eligible for the 

compliance deadlines set forth in section 95303(b)(3)(BF)2. For 

the sole purpose of documenting the owner’s eligibility for the 

small fleet compliance schedule, the trailer list for those submitting 

a small fleet compliance plan must also include trailers in the fleet 

that do not travel on 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, seasonal, 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 the trailer will 

operate in California during the applicable optional compliance 

schedule) ; 

13. Transport refrigeration unit model year (as applicable); and 
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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 fleet list as trailers that will be 

brought into compliance in accordance with the applicable compliance 

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

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

compliance plan base list and used to meet minimum fleet conformance 

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

trailers: 

(A) Exempted trailers, including those local-haul trailers and storage trailers 

exempt under subsection 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 for 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 the

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 sufficient number of trailers to 

meet or exceed the annual conformance number for that same year. 

(e) Calculation Methodology. 

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

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

bring into compliance in accordance with the large fleet compliance 

schedule. 

 

NLB = NT – ND – NE – NR – NX (Equation 1) 

“NLB” = Large fleet compliance plan base number. 

“NT” = Total number of trailers listed on the trailer fleet list. 
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“ND” = Number of delayed compliance trailers, as determined in 

accordance with subsection 95307(e)(3), if applicable. 

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

as determined in accordance with Equation 5, if applicable. 

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

compliance deadlines set forth in sections (b)(3)(BF)2.a1. through 

95303(b)(3)(BF)2.c3., if applicable. 

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

”“exempt local-haul exempt,” “exempt storage,” “dedicated to 

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

applicable. 

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

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

bring into compliance in accordance with the small fleet compliance 

schedule. 

NCA = NT – NNC (Equation 2) 

“NCA” = Total number of trailers in California fleet. 

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

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

duration of an applicable trailer fleet compliance schedule 

NSB = NCA – NR – NX (Equation 3) 

“NSB” = Small fleet compliance plan base number. 

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

in accordance with Equation 2. 

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

compliance deadlines set forth in sections (b)(3)(BF)2.a1. through 

95303(b)(3)(BF)2.c3., if applicable. 

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

“exempt local-haul exempt,” “exempt storage,” “dedicated to 

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

applicable. 

(3) Large fleet delayed compliance trailer number: The delayed compliance 
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trailer number is the number of trailers for which compliance may be 

delayed , pursuant to subsection 95307(b)(4), Early Compliance Option. 

ND = NE x 1.5 (Equation 4) 

“ND” = Number of delayed compliance trailers, if applicable. If ND

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

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

as determined in accordance with Equation 5, if applicable. 

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

resultant number must be rounded down to the nearest whole trailer. 

NE, max = (NT – NR – NX) x 0.20 (Equation 5). 

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

trailers. If NE, max is not a whole number, round down to the next 

whole number. 

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

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

compliance deadlines set forth in sections 95303 (b)(3)(BF)2.a1.

through 95303(b)(3)(BF)2.c3., if applicable. 

“NX” = Number of trailers with a trailer fleet list exemption 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 conformance number is the 

number of trailers that a trailer owner must bring into compliance by 

December 31st of a particular compliance year to ensure that the

percentage of compliant trailers within the compliance plan base list meets 

or exceeds the applicable minimum fleet conformance threshold that takes 

effect on January 1 of the following year. 

NY = (NB x PY) – NC, Y-1 (Equation 6) 

“NY” = Annual conformance number for compliance year Y. If NY

is not a whole number, round up to the next whole number if the 

fractional part is equal to or greater than 0.5, and round down if 

less than 0.5. 
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“NB” = The compliance plan base number, either NLB as calculated 

in subsection 95307(e)(1) for a large fleet or NSB as calculated in 

subsection 95307(e)(2) for a small fleet. 

“PY” = Minimum fleet conformance threshold for compliance year 

Y, as defined in subsection 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). 

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

would already be in compliance prior to January 1 of compliance 

year Y. This number must not include early compliance 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 threshold of a particular year, 

the owner must provide the trailer identification number (vehicle 

identification number (VIN)) and the applicable compliance method for the 

trailer as defined in (A), (B), or (C) below, to the Executive Officer by no 

later than December 31st 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 California highways.

(2) For each trailer listed in the compliance plan base list that is or will be redesignated into local-haul or storage trailer service in a specific compliance 

year, the owner must provide the trailer identification number (vehicle 

identification number (VIN)) to the Executive Officer by no later than 

December 31st of that year; and meet all applicable requirements specified 

in sections 95305 and 95306. Trailers re-designated into local-haul or 

storage trailer service do not count toward meeting an annual conformance 

number. 

(fg) General Requirements for All Compliance Schedules: To participate in a trailer 

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

requirements: 

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

year, the percentage of compliant trailers on the owner’s compliance plan 
C-53 

base list is equal to or greater than the applicable 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 trailers listed in each 

compliance year’s annual conformance commitment list before January 1 of 

the following year;

(43) The trailer owner must allow the Executive Officer, or any other authorized 

enforcement personnel, to conduct periodic audits of records and equipment 

to verify compliance with an applicable compliance schedule, the owner’s 

compliance plan, and other applicable air quality regulations; 

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

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

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

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

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

if participating in the small fleet compliance schedule; 

(65) Starting January 1, 2013, except for eligible refrigerated-van trailers that the 

trailer owner elects to bring into compliance in accordance with section 

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

operation of a non-compliant trailer on a highway within California if such 

owner withdraws participation from an applicable trailer fleet compliance 

schedule; 

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

and information required by an applicable trailer fleet compliance schedule 

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

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

provided to the Executive Officer is accurate and true; 

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

documentation is received by the Executive Officer by the applicable due 

dates; the Executive Officer will not be responsible for materials lost in 

transit; 

(10) If participating in one of the large fleet compliance schedules, the trailer 

owner must continue bringing trailers into compliance in accordance with 

the original compliance plan if a large fleet compliance plan revision is not 
C-54 

submitted; 

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

applicable compliance schedule at the location indicated on the trailer fleet 

list; 

(1210) Upon the request of the Executive Officer or other authorized enforcement 

personnel, the trailer owner must provide all information and 

documentation necessary to verify compliance with this subarticle, 

including applicable compliance schedules and the owner’s compliance 

plan, and information and documentation necessary to verify compliance 

with any other air quality regulation; 

(1311) 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 fleet list; or 

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

criteria are met: 

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

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

and 

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

eligible to be brought into compliance in accordance with the 

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

exempt under section 95305; 

 

(1412) A trailer owner may not allow the operation of a non-compliant trailer on a 

highway within California after December 31st of the compliance year in 

which the trailer is scheduled 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 commitment 

list for the purpose of re-designating such trailer into local-haul or short-haul 

service, thereby relieving such owner from the obligation of bringing that 

trailer into compliance. However, such owner must fill the vacancy left on

the affected annual conformance commitment list with another trailer from

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

trailer is still listed. If such owner is participating in the early compliance 

option, the replacement trailer must be a delayed conformance trailer, if one 

still exists;
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(1613) 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; 

(1714) Executive Officer approval will not be granted to allow a newly-formed 

business, or an existing business commencing operations in California, to 

participate in a compliance schedule after the submission due date for 

the applicable compliance plan has passed; 

(1815) The Executive Officer may make non-confidential information provided 

pursuant to an optional trailer fleet compliance schedule available to the 

public for the purpose of helping determine the compliance status of a 

trailer or fleet; 

(1916) Although participation in an optional trailer fleet compliance schedule 

does not require the Executive Officer’s specific approval, the Executive 

Officer may terminate a fleet’s participation in a compliance schedule if 

the fleet or any tractor or trailer within the fleet is found in violation of this 

subarticle. Should the Executive Officer terminate a fleet’s participation 

in a compliance schedule, the owner must bring all trailers into 

compliance within 90 days or by December 31, 2012, whichever is later, 

but in no case later than December 31, 2015, if participating in the large 

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

small fleet compliance schedule; 

(2017) 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 California after July 1, 2010 

if participating in Option 1, or July 1, 2011 if participating in Option 2, 

unless: 

(A) the trailer is a compliant trailer; or 

 

(B) the trailer is listed on the owner’s trailer fleet list and is in compliance 

with all requirements of the large fleet compliance schedule; or 

(C) the trailer is a refrigerated-van trailer that is eligible to be brought into 

compliance in accordance with a compliance deadline set forth in 

section 95303 (b)(3)(BF)2 and such deadline has not yet passed; or 

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

(2118) 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 accordance with the 

requirements of section 95306, Short-Haul Tractor, Local-Haul Tractor, 

Local-Haul Trailer, and Storage Trailer Registration Requirements by July 

1, 2010 if participating in Option 1, by July 1, 2011 if participating in 

Option 2, and by July 1, 2012 if participating in the Small Fleet 

Compliance Schedule; 

(21) A trailer owner that elects to withdraw participation in a trailer feet 

compliance schedule must notify the executive officer and bring all 

trailers into compliance by December 31, 2012.

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

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

95308 Enforcement. 

Enforcement of this subarticle may be carried out by 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 districts; and any other designee of the 

Executive Officer. 

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

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

95309 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 agent or 

employee of ARB, upon presentation of proper credentials, has the right to enter any 
C-57 

facility (with any necessary safety clearances) where HD tractors and box-type trailers 

are located or HD tractor and box-type trailer records, including dispatch records, are 

kept. 

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

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

95310 Penalties. 

As provided in Health and Safety Code section 38580, any person who violates any 

requirement of this subarticle is subject to the penalties set forth in Article 3 

(commencing with section 42400) of Chapter 4 of Part 4, Division 26 of the Health and 

Safety Code. Failure to comply with any requirement of this subarticle shall constitute 

a single, separate violation for each day during any portion of which the person is not 

in compliance. 

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

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

95311 Record Keeping.

(a) A California-licensed vehicle dealer of a HD tractor or 53-foot box-type trailer that 

is subject to the disclosure of regulation applicability requirements of section 

95303(i) must maintain a record of the disclosure of 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 informs the lessee about the 

lessee’s obligation under terms of the lease to ensure compliance with the 

sections 95300-95312, title 17, California Code of Regulations, must maintain a 

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

lessee.

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

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

953112 Severability. 

If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of 

the subarticle is, for any reason, held invalid, unconstitutional, or unenforceable by any 

court of competent jurisdiction, such portion shall be deemed as a separate, distinct, 

and independent provision, and such holding shall not affect the validity of the 

remaining portions of this subarticle. 

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

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