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FINAL REGULATION ORDER

REGULATION TO CONTROL EMISSIONS FROM IN-USE ON-ROAD

DIESEL-FUELED HEAVY-DUTY DRAYAGE TRUCKS

Amend Article 4.5, Chapter 1, Division 3, title 13, section 2027, California Code 

of Regulations, to read as follows:

§ 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. Starting January 1, 2023, 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 dieselfueled, alternative diesel-fueled and dual-fueled heavy-duty drayage 

trucks that operate in California "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:

(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
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(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

(B) 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.

(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:
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(

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;

(C) Concrete mixers;
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(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 26,000 pounds 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 

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

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

be subsequently transferred into or onto different equipment (e.g., a 
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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.

(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.

(23) "Emergency Decree" means a determination by the Executive Officer 

that an emergency event has occurred that requires the immediate 
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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 GVWR of greater than 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 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 
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any energy equivalent basis. An engine that can operate or idle solely on 

diesel fuel at any time does not meet this definition.

(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 it 

dispatches for pick-up and delivery of goods that are destined for or 

originated from ports and/or intermodal rail yards.

(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, 
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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.

(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.

(42) "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.

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

(44) "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.

(45) "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.
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(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:

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;

(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 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 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 must be 

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

the engine and vehicle, as described in the Executive 

Order for the VDECS;

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 
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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 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, 

per-truck 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.
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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 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;
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2. only dispatch drayage trucks 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;

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.
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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;

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.
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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

(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 

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
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reports shall include, but are not limited to, the following 

information;

1. reporting rail yard authority contact information;

2. rail yard name and address;

3. 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.

(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;
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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.

(f) Annual Port or Rail Yard Exemption.
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(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 
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assessing penalties, the Executive Officer will consider factors, including but not 

limited to the willfulness of the violation, the length of time of 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. 

Starting January 1, 2023, 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).

(k) 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.

(l) 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, 43000, 43000.5, 43013, 

43016, 43018, 43023 and 43600, Health and Safety Code.