1 

ATTACHMENT 2 

Proposed Modified Regulatory Language for 15-day Comment Period 

REGULATION TO CONTROL EMISSIONS FROM IN-USE ON-ROAD 

DIESEL-FUELED HEAVY-DUTY DRAYAGE TRUCKS 

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

for the In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Truck Regulation, which 

was released to the public on October 28, 2010. The modifications to the Drayage 

Truck regulation made public during the 45-day comment period are shown in strikeout 

to indicate proposed deletions and underline to indicate proposed additions to the 

California Code of Regulations. All additions proposed for the 15-day comment period 

are shown by double underline and all deletions are shown by double strikethrough. 

Text that is both single underlined and double struck through is text that staff proposed 

during the 45 day comment period but later modified as part of these 15-Day 

modifications. 

Modified Regulation Order 

§ 2027. In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks. 

(a) Purpose. The purpose of this regulation is to reduce emissions and public exposure 

to diesel particulate matter (diesel PM), oxides of nitrogen (NOx), and other air 

contaminants by setting emission standards for in-use, heavy-duty diesel-fueled 

vehicles that transport cargo to and from California's ports and intermodal rail facilities. 

(b) Applicability. This section shall apply to entities listed below through 

December 31, 2022 2016. Starting January 1, 2023 2017, drayage trucks are subject to 

the provisions of title 13, California Code of Regulations, section 2025, the Regulation to 

Reduce “Emissions of Diesel Particulate Matter, Oxides of Nitrogen and Other Criteria 

Pollutants from In-Use Heavy Duty Diesel-Fueled Vehicles (Truck and Bus 

Regulation).”, which requires that all not otherwise exempt in-use on-road diesel 

vehicles, including drayage trucks, have a 2010 model year emissions equivalent 

engine by January 1, 2023.

(1) This regulation applies to owners and operators of on-road diesel-fueled, 

alternative diesel-fueled and dual-fueled heavy-duty drayage trucks that 

operateed at in California, ports and intermodal rail yard facilities. This regulation 

also applies to , "motor carriers” that dispatch drayage trucks that operate in 

California, "marine or port terminals," "intermodal rail yards," and "rail yard and 

port authorities," 

 (2) This regulation does not apply to: 
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 (A) dedicated use vehicles; 

(B) vehicles operating under an ARB authorized emergency decree; 

 (C) authorized emergency vehicles; 

 (D) military tactical support vehicles; 

(E) vehicles that operate at port or intermodal rail yard properties in which 

the ARB Executive Officer has granted an annual exemption under the 

provisions of subsection (f) to local port or rail yard authorities; and 

 (F) yard trucks. 

(c) Definitions. For purposes of this section, the definitions of Health and Safety Code 

section 39010 through 39060 apply except to the extent that such definitions may be 

modified by the following definitions that apply specifically to this regulation. 

 (1) "Alternative Diesel Fuel" means any fuel used in diesel engines that is not a 

reformulated diesel fuel as defined in sections 2281 and 2282 of title 13, of the 

California Code of Regulations, and does not require engine or fuel system 

modifications for the engine to operate, other than minor modifications (e.g., 

recalibration of the engine fuel control) that may enhance performance. 

Examples of alternative diesel fuels include, but are not limited to, biodiesel, 

Fischer-Trosch fuels, and emulsions of water in diesel fuel. Natural gas is not an 

alternative diesel fuel. An emission control strategy using a fuel additive will be 

treated as an alternative diesel fuel based strategy unless: 

 (A) the additive is supplied to the engine fuel by an on-board dosing 

 mechanism, or 

(Bb) the additive is directly mixed into the base fuel inside the fuel tank of 

the engine, or 

(C) the additive and base fuel are not mixed until engine fueling 

commences, and no more additive plus base fuel combination is mixed 

than required for a single fueling of a single engine or vehicle. 

 (2) "ARB" means the California Air Resources Board. 

(3) "ARB Designees" are defined as those entities that ARB designates or 

contracts with to perform certain functions or provide specific services on its 

behalf under this regulation. 

(4) "Authorized Emergency Vehicle" is as defined in Vehicle Code section 165. 
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(5) "Average Daily Drayage Truck Visits" is determined by dividing the total 

number of truck visits within a calendar month by the total number of intermodal 

rail yard open days for that same calendar month as represented by the following 

equation: 

( 

Total number of truck visits 

Total number of intermodal rail yard 

open days 

= Average daily truck count ) 

Where: 

(A) a 'truck visit' is defined as each occurrence of a drayage truck 

transgressing from outside intermodal rail yard property onto 

intermodal rail yard property; and, 

(B) an 'open day' is defined as a calendar day in which an 

intermodal rail yard has drayage truck traffic. 

(6) "Beneficial Cargo Owner" is a cargo owner, the person for whose account the 

ocean or rail transportation is provided, the person to whom delivery is to be 

made, a shippers' association, or an ocean or rail transportation intermediary that 

accepts responsibility for payment of all applicable charges. 

(7) "Bill of Lading" is a document that states the terms of the contract between a 

shipper and a transportation company. It serves as a document of title of the 

goods shipped, a contract of carriage, and a receipt for goods. 

(8) "CARB Diesel Fuel" is diesel fuel certified by ARB as meeting the fuel 

specification standards set forth at title 13, California Code of Regulations (CCR) 

section 2280 et seq. 

(9) "Class I Railroad" is a freight railway based on large revenues ($250 million or 

more) in comparison to the revenues of Class II (which ranges from greater than 

$20 million but less than $250 million) and Class III (less than $20 million) 

railways, as defined by the Surface Transportation Board (STB). 

(10) "Compression Ignition Engine" means an internal combustion engine with 

operating characteristics significantly similar to the theoretical diesel combustion 

cycle. The regulation of power by controlling fuel supply in lieu of a throttle is 

indicative of a compression ignition engine. 

(11) "Dedicated Use Vehicles" are uni-body vehicles that do not have separate 

tractor and trailers and include but are not limited to: 

 (A) Dedicated auto transports; 

 (B) Dedicated fuel delivery vehicles; 
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 (C) Concrete mixers; 

 

 (D) On-road mobile cranes 

(12) "Diesel Fuel" means any fuel that is commonly or commercially known, sold, 

or represented by the supplier as diesel fuel, including any mixture of primarily 

liquid hydrocarbons (HC) - organic compounds consisting exclusively of the 

elements carbon and hydrogen - that is sold or represented by the supplier as 

suitable for use in an internal combustion, compression - ignition (CI) engine. 

(13) "Diesel-Fueled" means a CI engine fueled by diesel fuel, CARB diesel fuel, 

or alternative diesel fuel, in whole or part. 

(14) "Diesel particulate matter (diesel PM)" means the particles found in the 

exhaust of diesel-fueled compression ignition engines. Diesel PM may 

agglomerate and adsorb other species to form structures of complex physical 

and chemical properties. ARB has identified diesel PM as a toxic air contaminant. 

(15) "Drayage Truck" means any in-use on-road vehicle with a gross vehicle 

weight rating (GVWR) greater than 33,000 pounds operating on or transgressing 

through port or intermodal rail yard property for the purpose of loading, unloading 

or transporting cargo, such as containerized, bulk or break-bulk goods. 

(15) "Drayage Truck" means any in-use on-road vehicle with a gross vehicle 

weight rating (GVWR) greater than 26,000 pounds that pulls a trailer or chassis 

that is used for transporting cargo, such as containerized, bulk, or break-bulk 

goods, that operates: 

 (A) on or transgresses through port or intermodal rail yard property for the 

purpose of loading, unloading or transporting cargo, including transporting 

empty containers and chassis; 

or, 

(B) off port or intermodal rail yard property transporting cargo or empty 

containers or chassis that originated from or is destined to a port or 

intermodal rail yard property . 

Drayage trucks are not: 

(C) Vehicles operating off of port or intermodal rail yard properties that 

transport cargos that have originated from a port or rail yard property but 

have been off-loaded from the equipment (e.g., a trailer or container) that 

transported the cargo from the originating port or rail yard; 

or 
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(D) Vehicles operating off of port or intermodal rail yard properties that 

transport cargos that are destined for a port or rail yard but which the 

cargos are to will be subsequently transferred into or onto different 

equipment (e.g., a trailer or container) before being delivered to a port or 

intermodal rail yard. 

 

(16) "Drayage Truck Owner" means: 

(A) the person registered as the owner of a drayage truck as shown by the 

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

or country; or the International Registration Plan. 

or 

(B) the lessee of the truck, as indicated on the drayage truck's registration 

pursuant to Vehicle Code section 4453.5. 

(17) "Drayage Truck Operator" means the driver of the vehicle or any person, 

party or entity that controls the operation of a drayage truck at a port or 

intermodal rail yard facility. 

(18) "Drayage Truck Registry (DTR)" is an ARB database that contains 

information on all trucks that conduct business at California ports and intermodal 

rail yards. 

(19) "Drayage Truck Registry Number" is a unique identifier issued to the owner 

of a drayage truck upon registering in the DTR and corresponds to the truck 

registered. 

(20) "DTR Compliant" means that a drayage truck is currently compliant with the 

requirements of the regulation, including the requirements for the DTR and 

emission standards. 

(21) "Dual-Fuel Engine" means any compression ignition engine that is 

engineered and designed to operate on a combination of alternative fuels, such 

as compressed natural gas (CNG) or liquefied petroleum gas (LPG) and diesel 

fuel or an alternative diesel fuel. These engines have two separate fuel systems, 

which inject both fuels simultaneously into the engine combustion chamber. A 

dual-fuel engine is not an alternative-fuel engine. 

(22) "Emergency Event" means any situation arising from sudden and 

reasonably unforeseen natural disaster such as earthquake, flood, fire, or other 

acts of God, or other unforeseen events beyond the control of drayage truck 

owners and operators that threatens public health and safety or the reasonable 

flow of goods movement. 
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(23) "Emergency Decree" means a determination by the Executive Officer that an 

emergency event has occurred that requires the immediate temporary operation 

of drayage trucks at ports and intermodal rail yard facilities. 

(24) "Executive Officer" is the Executive Officer of ARB or his/her authorized 

representative. 

(25) "Gross Vehicle Weight Rating (GVWR)" is as defined in Vehicle Code 

Section 350. 

(26) "Heavy-Duty" is a manufacturer's gross vehicle weight rating GVWR of 

greater than 33,000 26,000 pounds. 

(27) "Intermodal Rail Yard" is any rail facility owned or operated by a Class I 

railroad where cargo is transferred from drayage truck to train or vice-versa that: 

(A) is within 80 miles of a port; 

or, 

(B) is located more than 80 miles from the nearest port and having, on or 

after January 2008, 100 or more average daily drayage truck visits in any 

one calendar month. 

Once a rail yard, identified in (B) above, has 100 or more average daily drayage 

truck visits in any one month, the rail yard will be considered an intermodal rail 

yard and will be subject to all provisions of this regulation regardless of the size 

number of future average daily drayage truck visits. Intermodal rail yards include, 

but are not limited to, the following facilities: Union Pacific (UP) Oakland, 

Burlington Northern Santa Fe (BNSF) Hobart, LATC Union Pacific, Commerce 

UP, Richmond BNSF, Commerce Eastern BNSF, ICTF UP, BNSF San 

Bernardino, Stockton Intermodal BNSF, Lathrop Intermodal UP, and BNSF 

Oakland. 

(28) "International Registration Plan" is a registration reciprocity agreement 

among states of the United States and provinces of Canada providing for 

payment of license fees on the basis of total distance operated in all jurisdictions. 

(29) "Lessee" has the same meaning as in Vehicle Code section 371. 

(30) "Liquid Natural Gas (LNG) Fueled Trucks" are drayage trucks that utilize a 

heavy-duty pilot ignition engine that is designed to operate using an alternative 

fuel, except that diesel fuel is used for pilot ignition at an average ratio of no more 

than one part diesel fuel to ten parts total fuel on any energy equivalent basis. An 

engine that can operate or idle solely on diesel fuel at any time does not meet 

this definition. 
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(31) "Marine or Port Terminals" means wharves, bulkheads, quays, piers, docks 

and other berthing locations and adjacent storage or adjacent areas and 

structures associated with the primary movement of cargo or materials from 

vessel to shore or shore to vessel including structures which are devoted to 

receiving, handling, holding, consolidating and loading or delivery of waterborne 

shipments or passengers, including areas devoted to the maintenance of the 

terminal or equipment. For the purposes of this regulation, the term includes but 

is not limited to production or manufacturing areas, warehouses, storage 

facilities, and private or public businesses or entities located on or surrounded by 

port property. 

(32) "Military Tactical Support Vehicles" is as defined in title 13, CCR, section 

1905. 

(33) "Motor Carrier" is a business intermediary that contracts with beneficial 

cargo owners, ship companies, port terminals or Class I railroads, and with 

owners and operators of drayage trucks that owners whom it dispatches for pickup and delivery of goods and with drayage truck owners, who it dispatches to 

that are destined for or originated from ports and/or intermodal rail yards to pick 

up and deliver such goods. 

(34) "On-road" means a vehicle that is designed to be driven on public highways 

and roadways and that is registered or is capable of being registered by the 

California Department of Motor Vehicles (DMV) under Vehicle Code sections 

4000 et seq. - or DMV's equivalent in another state, province, or country; or the 

International Registration Plan. A vehicle covered under ARB's In-Use Off-Road 

Regulation, title 13, CCR, section 2449 is not an on-road vehicle. 

(35) "Oxides of nitrogen (NOx)" means compounds of nitric oxide, nitrogen 

dioxide, and other oxides of nitrogen. Nitrogen oxides are typically created during 

combustion processes and are major contributors to smog formation and acid 

deposition. 

(36) "Port" is 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. For purposes of this regulation, port does not include port 

property that is not related to or primarily used to engage in water-borne 

commerce. 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. 

(37) "Port Authority" means those entities, either public or private, that are 

responsible for the operation of the ports. 
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(38) "Port Property" means publicly or privately owned property where a port is 

located. It is the property that includes the physical boundaries, either contiguous 

or non-contiguous, of the port and may include other properties owned by the 

port. For the purposes of this regulation, port property includes privately owned 

property located within a publicly or privately owned port property's boundaries. 

(39) "Rail Yard Authority" means those entities, either public or private, that are 

responsible for the operation of Class I rail yards. 

(40) "Rail Yard Property" means the property constituting the physical boundaries 

of intermodal rail yards. For the purposes of this regulation, rail yard property 

also includes privately owned property located within intermodal rail yard 

boundaries. 

(41) “South Coast Air Basin” is the boundary as described in title 17, California 

Code of Regulations, section 60104. 

(421) "Uni-Body Vehicles" are vehicles that do not have a separate tractor and 

trailer and include but are not limited to: 

 (A) concrete mixers; 

 (B) on-road mobile cranes; 

 (C) on-road construction equipment. 

(432) "Vehicle" is as defined in Vehicle Code Section 670. 

(443) "Verified Diesel Emission Control Strategy (VDECS)" is an emission control 

strategy that has been verified pursuant to the "Verification Procedure, Warranty 

and In-Use Compliance Requirements for In-Use Strategies to Control Emissions 

from Diesel Engines" in Title 13, California Code of Regulations, commencing 

with section 2700, and incorporated by reference. 

(454) "Yard Truck" means an off-road mobile utility vehicle used to carry cargo 

containers with or without chassis; also known as a utility tractor rig (UTR), yard 

tractor, yard goat, yard hustler, or prime mover. 

(d) Requirements and Compliance Deadlines. Drayage trucks subject to this 

regulation must meet the following requirements by the compliance deadlines detailed 

in both Phase 1 AND Phase 2. 

(1) Phase 1: 

(A) By December 31, 2009, all drayage trucks with a GVWR of greater 

than 33,000 pounds must be equipped with: 
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1. 1994-2003 model year engine certified to California or federal 

emission standards and a level 3 VDECS for PM emissions; 

or, 

2. 2004 or newer model year engine certified to California or federal 

emission standards; 

or, 

3. a 1994 or newer model year engine that meets or exceeds 2007 

model year California or federal emission standards. 

(B) After December 31, 2011, all drayage trucks with 2004 model year 

engines with a GVWR of greater than 33,000 pounds must be equipped 

with a the highest level 3 VDECS for PM emissions. 

(C) After December 31, 2012, all drayage trucks with 2005-2006 model 

year engines with a GVWR of greater than 33,000 pounds must be 

equipped with a the highest level 3 VDECS for PM emissions. 

(D) After December 31, 2011, all drayage trucks with a GVWR 26,001 to 

33,000 pounds must be equipped with a level 3 VDECS for PM emissions 

while operating in the South Coast Air Basin. 

(2) Phase 2: After December 31, 2013, all drayage trucks with a GVWR of 

greater than 26,000 pounds, must be equipped with a level 3 VDECS for PM 

emissions. 1994 or newer model year engine that meets or exceeds 2007 model 

year California or federal emission standards.1994 or newer model year engine 

that meets or exceeds 2007 model year California or federal emission standards. 

(3) Drayage Truck Owner Requirements 

 (A) Drayage truck owners shall: 

1. meet all applicable requirements and deadlines set forth in 

Phases 1 and 2 above; 

2. if an aftermarket level 3 VDECS is installed, be able to 

demonstrate that: 

a. the VDECS has been verified by ARB for use with the 

engine and vehicle, as described in the Executive Order for 

the VDECS; 
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b. use of the vehicle must be consistent with the conditions 

of the Executive Order for the VDECS; 

c. the VDECS is installed in a verified configuration; 

d. the engine met the engine manufacturer's operational 

specifications prior to the VDECS installation; 

e. the VDECS label is visible; 

f. the level 3 VDECS is mounted in a safe and secure 

manner on the vehicle consistent with provisions in 

(3)(A)(2)(c) above, and the fixed position of the level 3 

VDECS does not obscure vehicle rear view or side mirror 

visibility in any way. 

g. all emission control devices are functioning properly and 

maintained per manufacturer's specifications; 

h. in the event of a failure or damage of an aftermarket level 

3 VDECS or an OEM equivalent diesel emissions control 

system while the device is still under warranty, it has taken 

prompt action to repair or replace the device by the 

manufacturer or authorized dealer with the same level of 

VDECS or OEM equivalent diesel emissions control system 

within 45 days of first noticing or being notified of the failure 

or damage to the device. 

i. it has adhered to the terms and conditions in the 

aftermarket manufacturer or OEM warranty governing the 

use of the device. 

j. if the failure or damage to the level 3 VDECS or OEM 

equivalent diesel emissions control system occurs after 

expiration of the warranty period, it has taken prompt action 

to personally repair or replace the failed or damaged device 

with the same level VDECS or OEM equivalent diesel 

emissions control system available for the engine within 90 

days of first noticing or being notified of the failure or 

damage to the device. 

k. it has not misused, dismantled, or tampered with any 

components of the level 3 VDECS or OEM equivalent diesel 

emissions control system, except for purposes of 

recommended periodical maintenance by an authorized 
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agent, or when it is necessary to detach the device to 

service the vehicle. 

3. register with the DTR, according to subsection (e); 

4. be able to demonstrate that the drayage truck operator has been 

informed about the information required under subsection 

(d)(5)(A)(4) for the dispatching motor carrier and instructed to 

provide such information to any enforcement personnel listed in 

subsection (i), upon request. 

(B) Phase 1 compliance deadline extension: 

1. Drayage truck owners may apply for a one-time, one-year, pertruck Phase 1 compliance deadline extension. The compliance 

deadline application must be either electronically filed or 

postmarked by June 1, 2009. To receive the Phase 1 compliance 

deadline extension, a drayage truck owner must demonstrate all of 

the following: 

a. the engine installed on his/her current truck is a California 

or federally certified 1994 - 2003 model year engine; 

b. the truck was registered with the DTR prior to June 1, 

2009; 

c. no Level 3 diesel emission control technology verified by 

ARB for use on that combination of truck and engine was 

available at the time the extension was filed. 

2. Compliance extension applications shall be submitted to ARB at: 

 

CALIFORNIA AIR RESOURCES BOARD 

DRAYAGE TRUCK PHASE 1 EXTENSION, SSD 

P.O. BOX 2815 

SACRAMENTO, CA, 95812 

 

or electronically through ARB's drayage truck website; http:// 

www.arb.ca.gov/drayagetruck 

3. If after the one-year extension ARB verified technology is still 

unavailable, the truck owner must comply with the regulation within 

90 days of the expiration of the extension by replacing the existing 
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heavy duty truck and/or engine with a truck or engine that meets or 

exceeds the Phase 1 requirements. 

(4) Drayage Truck Operator Requirements 

 (A) Drayage truck operators shall, upon request,: 

1. provide the dispatching motor carrier's contact information as 

detailed in subsection (d)(5)(A)(4) to authorized enforcement 

 personnel as set forth in subsection (i).; 

2. identify and provide documentation on the origin and destination 

of the cargo, chassis, and intermodal equipment (container etc,) to 

authorized enforcement personnel as set forth in subsection (i). 

Documentation can include a Delivery Receipt, Pick Up Receipt, 

Equipment Interchange Receipt (J-1), Release Number, Bill of 

Lading or other documentation that identifies the origin and 

destination of the cargo and pick up / termination destination of the 

chassis and intermodal equipment. 

(5) Motor Carrier Requirements 

(A) Each motor carrier shall: 

1. provide a copy of this regulation or an ARB approved 

summarized version to each drayage truck owner that it contracts 

with for deliveries to ports and intermodal rail yards; 

2. only dispatch drayage trucks to a port or intermodal rail yard that 

meet emission standards and compliance deadlines set forth in 

Phases 1 and 2 in subsection (d); 

3. only dispatch drayage trucks to ports and intermodal rail yards 

that are registered and in good standing with the Drayage Truck 

Registry (DTR) and are DTR compliant; 

4. demonstrate that it has only dispatched drayage trucks whose 

operators have been informed to provide the motor carrier 

information listed below, upon request, to enforcement personnel, 

as listed in subsection (i). 

a. the motor carrier's business name; 

b. contact person's name; 

c. motors carrier's street address, city, state, and zip code; 
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d. contact person's business phone number. 

5. keep a record of all dispatched drayage trucks to a port or 

intermodal rail yard containing the information set forth in (a) 

through (d) below for a minimum of five years from the dispatch 

date. Dispatch records are to be made available to enforcement 

personnel within 72 hours of an official written or oral request. 

a. truck dispatch date and time; 

b. bill of lading or tracking number; 

c. truck license plate number and issuing state; 

d. Drayage Truck Registry number. 

(6) Marine or Port Terminals and Intermodal Rail Yard Requirements 

(A) Starting September 30, 2009, marine or port terminals and intermodal 

rail yards shall collect the following information for each drayage truck 

subject to this regulation that enters the facility that is not DTR compliant 

as determined by information contained within the Drayage Truck 

Registry. 

1. Dispatching motor carrier: 

a. business name of dispatching motor carrier; 

b. contact person's name; 

c. street address, city, state, zip code of the dispatching 

motor carrier; 

d. phone number of the dispatching motor carrier; 

e. bill of lading or tracking number. 

2. Drayage truck: 

a. entry date and time; 

b. registered owner's name; 

c. operator's name; 

d. operator's license number; 
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e. drayage truck's license plate number and state of 

issuance; 

f. drayage truck's vehicle identification number (VIN). 

All information collected in subsection (d)(6) shall be kept for a period of 

not less than five years from the truck entry date and is to be made 

available to enforcement personnel within 72 hours of an official written or 

oral request. 

(B) Marine or port terminals and intermodal rail yards shall report the 

information collected in subsection (A) above to their respective authorities 

according to schedule (A) below and in a format acceptable to their 

respective authority. 

Schedule A: Terminal and Intermodal Rail Yard Reporting Schedule 

 

 

 

(7) Port Authorities and Rail Yard Authorities Requirements 

(A) Port and rail yard authorities shall respectively report the information 

collected by the port terminals and intermodal rail yards, as detailed in 

subsection (d)(6), to, and in a manor and format prescribed by, ARB 

according to Schedule B below. ARB reporting parameters are detailed on 

ARBs website http://www.arb.ca.gov/drayagetruck 

Schedule B: Port and Rail Yard Authority Reporting Schedule 

 

 

Date Truck Enters 

Terminal or Intermodal 

Rail Yard 

Date by which Information 

is to be Reported to 

Port or Rail Authority 

January 1 – March 31 April 15 

April 1 – June 30 July 15 

July 1 – September 30 October 15 

October 1 – December 31 January 15 

Date by which Information is to be Reported to the 

California Air Resources Board 

May 15 

August 15 

November 15 

February 15 
15 

(B) Port and rail yard authorities shall ensure their respective terminals 

and/or intermodal rail yards abide by all Schedule A reporting deadlines. 

(C) Rail yard authorities operating rail yards located greater than 80 miles 

from the nearest port with less than 100 average daily drayage truck visits 

for each calendar month starting January 2008, must complete and submit 

quarterly verification reports according to Schedule B and in a format 

approved by ARB. 

The first quarterly verification report shall include average daily drayage 

truck visits for each calendar month starting with the effective date of the 

regulation and submitted to ARB according to schedules A and B above. 

Subsequent quarterly verification reports shall include average daily 

drayage truck visits for the three calendar months prior to each reporting 

date. Quarterly verification reports shall include, but are not limited to, the 

following information; 

1a. reporting rail yard authority contact information; 

2b. rail yard name and address; 

3c. average daily drayage truck visits by calendar month. 

Quarterly verification applications and additional guidelines can be 

obtained by contacting ARB at: 

CALIFORNIA AIR RESOURCES BOARD 

RAIL YARD DAILY TRUCK VERIFICATION, SSD 

P.O. BOX 2815 

SACRAMENTO, CA, 95812 

 

or electronically through ARB's drayage truck website; 

http:// www.arb.ca.gov/drayagetruck 

(e) Drayage Truck Registry Requirements. 

(1) Truck Owner Requirements 

(A) Owners of all drayage trucks doing business at a port or intermodal rail 

yard prior to September 30, 2009 and intending to continue operations 

after that date must register with the DTR database by September 30, 

2009. 

(B) Drayage trucks intending to begin operations at a port or intermodal 

rail yard after September 30, 2009 must be registered with the DTR 

database prior to commencing operations. 
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(C) Owners of all drayage trucks covered by the regulation and doing 

business at a port or intermodal rail yard must provide the following 

information to ARB or its designee by mail to the address in subsection 

(e)(2) or electronically through ARB's DTR website http:// 

www.arb.ca.gov/drayagetruck. The information shall include but may not 

be limited to: 

1. truck owner name, address, and contact information (e.g. phone 

number, email address, fax number); 

2. engine make, model, and model year; 

3. vehicle identification number (VIN); 

4. vehicle license number and state of issuance; 

5. compliance status, which shall include: 

a. identifying whether the drayage truck has complied with 

the requirements of Phases 1 and 2, set forth in subsection 

(d) above; 

b. if so, how was compliance achieved (e.g. new compliant 

truck or description of the level 3 VDECS that was used), 

who did the installation work, and when was it completed; 

c. if not, identifying when the drayage truck is scheduled to 

come into compliance under Phases 1 or 2. 

(D) After filing the initial application, the drayage truck owner shall within 

30 days of bringing a truck into compliance with Phase 1 or Phase 2, 

update the DTR with the vehicle's compliance status information and any 

other changes to the vehicle's ownership, DMV registration status, or 

participation status in IRP. 

(2) Mailing Address for Filing Initial Applications and Updates. Drayage truck 

owners shall submit DTR applications and any updated information to ARB at: 

CALIFORNIA AIR RESOURCES BOARD 

C/O DRAYAGE TRUCK REGISTRY, SSD 

P.O. BOX 2815 

SACRAMENTO, CA, 95812 

 

(3) Failure to register with the DTR or submittal of false information is a violation 

of state law and subject to civil or criminal penalty. 
17 

(f) Annual Port or Rail Yard Exemption. 

(1) Annual Exemption. An annual exemption may be granted, under limited 

circumstances, by the ARB Executive Officer to ports or rail yards. An exemption 

may cover a clearly defined portion or the entirety of a port or rail yard. The 

Executive Officer will exempt a port or rail yard that is able to demonstrate one or 

more of the following: 

(A) port or rail yard land is not typically used for truck traffic and its primary 

function or location does not include or attract drayage trucks covered 

under this regulation (e.g. a shoreline animal sanctuary); 

(B) the overwhelming majority of trucks accessing the port or rail yard are 

exempted under this regulation (e.g. a port where only dedicated auto 

transports are in service). 

(2) The Exemption Request 

(A) a port or rail yard requesting an exemption shall mail the request to: 

 

CALIFORNIA AIR RESOURCES BOARD 

PORT / RAIL YARD EXEMPTION, SSD 

P.O. BOX 2815 

SACRAMENTO, CA, 95812 

 

or may send it electronically to ARBs' website 

http:// www.arb.ca.gov/drayagetruck using the request form available on the site. 

(B) the request must be completed and submitted annually (via the same 

website or address listed above) no later than January 1 of the year prior 

to the exemption year (e.g. a 2010 year exemption application must be 

completed and submitted by January 1, 2009); 

(C) the request will be approved or disapproved by the Executive Officer 

no later than July 1, of the year prior to the exemption year. The Executive 

Officer will then issue an exemption to be valid for the specified port or rail 

yard for the specified exemption year. 

(g) Penalties. Any person who fails to comply with the performance requirements of this 

regulation, who fails to submit any information, report, or statement required by this 

regulation, or who knowingly submits any false statement or representation in any 

application, report, statement, or other document filed, maintained, or used for the 

purposes of compliance with this regulation may be subject to civil or criminal penalties 

under sections 39674, 39675, 42400, 42400.1, 42400.2, 42402,.2, and 43016 of the 

Health and Safety Code. In assessing penalties, the Executive Officer will consider 

factors, including but not limited to the willfulness of the violation, the length of time of 
18 

noncompliance, whether compliance was attempted, and the magnitude of 

noncompliance. 

(h) Right of Entry. For the purpose of inspecting on-road vehicles covered in this 

regulation, and their records to determine compliance with these regulations, an agent 

or employee of ARB, upon presentation of proper credentials, has the right to enter any 

facility (with any necessary safety clearances) where on-road vehicles are located or 

on-road vehicle records are kept. 

(i) Enforcement. Enforcement of this section may be carried out by authorized 

representatives of ARB, port and rail yard authorities; 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. 

(j) Sunset. Provisions of section 2027 shall sunset on December 31, 2022 2016. 

Starting January 1, 2023 2017, drayage trucks are subject to the provisions of section 

2025 (Regulation to Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen 

and Other Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled Vehicles). 

(jk) Relationship to Other Law. Nothing in this section allows drayage trucks to 

operate in violation of other applicable law, including, but not limited to: 

(1) California Vehicle Code; 

(2) California Health and Safety Code; 

(3) division 3, title 13, California Code of Regulations; 

(4) any applicable ordinance, rule, or requirement as stringent as, or more 

stringent than, than the requirements of subsection (d) of this regulation. 

(kl) Severability. If any subsection, paragraph, subparagraph, sentence, clause, 

phrase, or portion of this regulation 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 the regulation. 

Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39602, 39602.5, 

39650, 39658, 39659, 39666, 39667, 39674, 39675, 41511, 42400, 42400.1, 42400.2, 

42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023 and 43600, Health and 

Safety Code. Reference: Sections 39002, 39003, 39500, 39600, 39601, 39602, 

39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 41511, 42400, 42400.1, 

42400.2, 42402.2, 42410, 40717.9, 43000, 43000.5, 43013, 43016, 43018, 43023 and 

43600, Health and Safety Code.