## Attachment 1

Proposed 15

- Day Modifications to the Original Proposed A mendments to the

Tractor

- Trailer Greenhouse Gas R egulationAttachment 1

- 1 PROPOSED AMENDMENTS TO THE REGULATION ORDER

REGULATION TO TO REDUCE GREENHOUSE GAS

EMISSIONS FROM HEAVY

- DUTY VEHICLES

Pr oposed Modifications to the Original Proposal Made Available for Supplemental Public Comment

N ote: The originally p roposed amendments (published October 28, 2010) are shown in underline to indicate additions and strikeout to indicate deletions, compared to the existing regulatory language (effective January 1, 2010)

. The proposed modifications to the original proposal are shown in double underline

to indicate additions and double strikeout to indicate deletions.

Amend subarticle 1, sections 95300 to 953 1 1 title 17, California Code of Regulations,

to read as follows

.



### Subarticle 1: Heavy

- Duty Vehicle Greenhouse Gas Emission Reduction

Measure Regulation

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, 3856 0, 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 Cali fornia

- based shippers that use , or cause to be used, the following equipment on a h ighway with in 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 require ments in this subarticle do not apply to the following vehicles:

(1) drop

- frame trailers;Attachment 1

- 2 (2) chassis trailers;

(3) curtain

- side trailers;

(4) livestock trailers;

(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 and the tractors p ulling storage trailers , and

(6) empty 53

- foot and longer box

- type trailers pulled by HD tractors.

(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 Greenh ouse Gas Emission Reduction Measu re. These vehicles

may be required to use low

- rolling resistance tires and meet aerodynamic equipment requirements to reduce greenhouse gas 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.Attachment 1

- 3 (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. The re are two types of aerodynamic technologies: fairings and flow control devices.

(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 o r 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 transportatio n 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 n air 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 transport ation

.

(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 conforma nce 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 sub section 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 equipm ent to comply with the equipment requirements set forth in sub section 95303(b)

, as applicable, or remove the

trailer fr om the owner’s fleet replace the trailer with another trailer that meets the equipment requirements set forth in subsection 95303(b)

, as applicable

.

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

conformance thresholds defined in section 9 5307, Optional Trailer FleetAttachment 1

- 4 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 compli ance schedule

.

( 1 1 ) “Curtain

- side trailer” means a trailer with tarp sides that can be loaded from the sides, top, or rear.

(1 2 ) “Delayed compliance trailer” means a trailer for which compliance may be delayed pursuant to sub section 95307( b )( 4 )

.

(1 3 ) “Dispatch” means to coordinate delivery, pickup, and drop

- off schedules of vehicles; and monit or the delivery of freight from these vehicles.

(1 4 ) “Dispatch driver ” means the driver of a HD tractor that has been dispatched by a motor carrier or broker.

( 1 5 ) “ DOORS ” (Diesel O n

- road and O ff

- road Reporting System) is the on

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

r egulation for i n

- u se o n

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

- u se

o ff

- r oad d iesel v ehicles.

( 1 6 5 1 4 ) “Drayage tractor” means any in

- use on

- road tractor with a g ross v ehicle

w eight r ating of greater than 33 26 ,000 pounds or greater operating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloading or t ransporting freight cargo, such as containerized, bulk

or break

- bulk goods

.

( 1 7 6 15 ) “Driver” means a person who physically operates a HD tractor.

( 1 8 7 16 ) “Drop

- frame trailer” means an enclosed rectangular trailer with a deck

that is low er to the ground in the area between the trailer hitch and the trailer wheels, to create more cargo space.

( 1 9 8 17 ) “Dry

- van trailer” means an enclosed rectangular non

- climate controlled

trailer that is not a refrigerated

- van trailer

.

( 2 0 1 9 18 ) “Early compliance traile r” means a trailer that has been brought into compliance with the equipment requirements set forth in sub section 95303(b)( 3 ) as applicable, before January 1, 2010

, and for which the owner

receive s credit

, in accordance with the early compliance option set forth in

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

.

( 2 1 0 19 ) “ Emergency v ehicle” means a vehicle as defined in California Vehicle

Code S s ection 165.Attachment 1

- 5 (2 0 1 ) “Empty traile r” 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 t railer on

the road

, is considered an empty trailer.

( 2 1 2 ) “Fairing” means a structure with smoothly contoured solid surfaces that reduces the wind resistance of the objects they it cover s

.

(2 2 3 ) “Fleet” means one or more trailers owned by a person, busin ess, 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.

( 2 3 4 ) “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.

(2 4 5 ) “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. Th e s e include items that are used exclusively to secure items being transported in the trailer, protect items

b eing transported in the trailer, load items being transported in the trailer, or repair the tractor or trailer. I tems that are not considered freight could include moving blankets, straps, tool kits, and moving doll ies

.

(2 5 5 6 ) “Fuel tank fairing”

, al so 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.

(2 6 6 7 ) “Good operating condition” means the cond ition of a HD tractor or box

type trailer that meets the applicable standards in section 95304

, Good Operating Condition Requirements for continued aerodynamic efficiency.

( 2 7 7 8 ) “Gross vehicle weight rating” or “GVWR” means the “ GVWR ” as defined

in Cali fornia Vehicle Code S s ection 350.

( 2 8 8 9 ) “Heavy

- duty tractor” or “HD tractor” means a class 7 or class 8 motor vehicle designed to pull a semitrailer on a highway by means of a fifth wheel mounted over the rear axle(s).

( 2 9 30 2 9 ) “Highway” means a “hi ghway” as defined in California Vehicle Code

section 360.Attachment 1

- 6 ( 3 0 1 ) “Integrated sleeper cab roof fairing” means a fairing located on the roof of a sleeper

- cab

- equipped tractor that extends from the front windshield of the tractor cab to the rear edge of the sleeper cab, with enclosed sides that line up with the sides of the sleeper cab.

( 3 1 2 ) “Intermodal railyard” means any rail facility where trailers are transferred from drayage tractor to train or vice

- versa

.

( 3 2 1 3 ) “Livestock trailer” means a semitra iler designed to transport live animals.

( 3 3 2 4 ) “Local

- haul base” means the location where a local

- haul tractor or local

haul trailer is garaged

, maintained, and or from which it is routinely dispatched.

(3 4 3 5 ) “Local

- haul tractor” means a HD tractor t hat travels exclusively within a

100

- mile radius of its local

- haul base.

(3 5 4 6 ) “ 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.

(3 6 5 7 ) “Low

- rolling

- resistance ti re” 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 betw een 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.

(3 7 6 8 ) “Military tactical support vehicle” means a “ Military Tactical Support Vehicle” as defined in title 13, C alifornia C ode of R egulations (CCR)

, section 1905.

( 3 8 7 9 ) “Motor carrier” means a “Motor carrier” as defined in California Vehicle

Code S s ection 408.

( 40 39 ) “Non

- compliant Tractor Pass” means a temporary permit issued by the Executive Officer in accordance with the requirements of section 95305( i h )

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

95 303(a) and 95305(b) for a defined time period not to exceed three five consecutive days.

( 4 0 1 ) “Ocean

- going vessel” means a commercial, government, or military

vessel meeting any one of the following criteria:Attachment 1

- 7 (A) A vessel greater than or equal to 400 fe et in length overall (LOA) as defined in 50 Code of Federal Regulations (CFR) § 679.2, as adopted June 19, 1996;

(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 per

cylinder displacement of greater than or equal to 30 liters.

( 4 1 2 ) “Open

- shoulder tire” means a tire that is constructed s uch 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.

( 3 8 4 2 3 ) “Owner” of a tractor or trailer means t he 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 t he 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

subarticl e 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) a nd not this subsection apply to tractors or trailers that are leased.

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

( C B ) 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 l essee of the tractor is the owner for purposes of this subarticle if the lessor

demonstrates that either the lessor provided the lessee with theAttachment 1

- 8 following statement on a document separate from the lease agreement, or the lease includes the following statem ent :

“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 be compliant with sections 95300

– 9531 1 2 , title 17, Cali fornia 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 Agen cy ( 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 Tr actor.”

( D C ) f or 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 (u sually 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 les see 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 Calif ornia. 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

– 9531 1 2 , title 17, California Code of Regulations, and t hat 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 Smart Way Verified Technologies prior to current or future use in California.”

2. The lessor demonstrates and informs the lessee that either:Attachment 1

- 9 a. the lease agreement permits does not prohibit the lessee from modifying the trailer to modify the trailer to be com pliant with the requirements of this subarticle; or

b. the lessor provides a reasonable method to exchange the trailer for one that is compliant with this subarticle.

( E D ) 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 t he 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 a greement 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 secti ons 95300

– 9531 1 2 , 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 techno logies that are U.S. Environmental Protection Agency Verified SmartWay Verified Technologies prior to current or future use in California.”

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

( 3 9 4 4 3 ) “ Person ” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, g overnmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

(4 4 5 ) "Port" means the port property where marine and port terminals are typically located for the loading and unloading of water

- borne comme rce 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, PortAttachment 1

- 10 of Redwood City, Port of Crockett, Port of Richmond, Port of Pittsburg, and

the Port of Benicia.

( 4 5 0 6 ) “Rear trailer fairing” means a fairing that attaches to the perimeter outer edges of the trailer’s rear

- facing sur face to provide a continuous surface for the air passing over the side and top surfaces of the trailer.

( 4 6 1 7 ) “Refrigerated

- van trailer” means a rectangular trailer van that has a refrigeration or heating unit built into the front of the trailer to mai ntain 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.

( 4 7 2 8 ) “Refuse t railer” means a trailer that is used to haul solid wa ste material. Solid waste includes garbage, construction debris, commercial refuse, and

other discarded materials.

(48 ) “Register” means to provide the Executive Officer with the information

identified in sections 95306 (b) through (f) and sections 9530 7(b)(3) and 95307(c)(2), as required, by means of TRUCRS.

( 4 9 ) “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 ne w local

- haul base or to an out

- of

state location while hauling freight; or a storage trailer to relocate to a new storage trailer location or to an out

- of

- state location while hauling freight ; or

an out

- of

- state trailer to relocate to either a local

- haul b ase or storage location while hauling freight without meeting all of the applicable requirements of sections 95303(b).

(4 3 50 ) “Semitrailer” means a “Semitrailer” as defined in section 550 of the

California Vehicle Code.

(4 4 5 1 ) “Shipper” means a pers on 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.

(4 5 5 2 ) “Short

- haul tractor” means a HD tractor that travels less t han 50,000

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

California

.

( 4 6 5 3 ) “Sleeper cab” means a HD tractor body that has a compartment

, typically contain in g a bed

, l ocated behind the driving compartment.

(5 4 ) “Storage trailer location” means the street address where a registered storage trailer is used to store items.Attachment 1

- 11 ( 5 5 4 ) “Storage trailer” means a trailer that is used for the storage of items at a

fixed location

.

( 4 7 5 6 5 ) “Tractor ” means a “Truck Tractor” as defined in sec tion 655 of the

California Vehicle Code.

( 4 8 5 7 6 ) “Trailer” means a semitrailer.

(5 8 7 ) “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 t o pull a non

- compliant 53

- foot or longer box

- type trailer on a highway within California without meeting all of the applicable requirements of section s 95303( b ) for the purpose of delivering that trailer

from it s current location to the transferee ’s locati on.

( 4 9 5 9 8 ) “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 tr ailers. TRUs may be capable of both cooling and heating.

( 60 5 9 ) “TRUCRS (Truck Regulation Upload, Compliance, and Reporting System)” is the on

- line reporting tool for this subarticle.

( 5 0 6 1 0 ) “U.S. EPA Certified SmartWay Certified Tractor” means a tract or that

has been certified or designated 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.

( 5 1 6 2 1 ) “U.S. EPA Certified SmartWay Ce rtified Trailer” means a 53

- foot or longer box

- type trailer that has been certified or designated by the U.S. EPA to meet the technical specifications and requirements of the U.S. EPA SmartWay Transport Partnership Program.

( 5 2 6 3 2 ) “U.S. EPA SmartWay Tra nsport 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. T his program

establishes incentiv es 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 Trav erwood, Ann Arbor, Mich i g a n 48105 ; and at the U.S. EPA SmartWay website at http://www.epa.gov/smartway/

.Attachment 1

- 12 ( 5 3 6 4 3 ) “U.S. EPA Verified SmartWay Verified Technology” or “U.S. EPA

Verified SmartWay Verified Technologies” means one or more aerodynamic technolog ies or low

- rolling

- resistance tire models that ha ve 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, 385 60, 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

.

(1) Except as provided in sub section 95305, Exemptions, b eginni ng 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 either:

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

( B) a U.S. EPA SmartWay Certified Tractor that has been modified provided:

1. the modification is necessary for the tractor to perfor m its designed job function,

2. there is no reasonable alternative to the modification that would involve or require a le sser degree of modifications to the tractor

, and

3

. the Executive Officer has previously approved the modification.

a. An applicant requesting an exemption pursuant to section 95303(a)(1)(B) must submit information to t he Executive Officer

that descr ibes the proposed modification (s) , the need therefor,

and the absence of lack of reasonable a lternatives to the

modification. Such information includes

, without limitation

, engineering drawings, blueprints, schematics, scientific or

technical articles

, co ntract specifications, etc.

b. The Executive Officer will approve or disapprove a request for an exemption pursuant to section 95303(a)(1)(B) upon information submitted by an applicant as specified in section 95303(a)(1)(B)3.a and good engineering jud gment.Attachment 1

- 13 (2) Except as provided in sub section 95305, Exemptions, b eginning 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 sub section 95305, Exemptions, b eginning January 1,

201 2 3 , no 2010 or previous model year HD tractor, pulling a 53

- foot o r 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 a s provided in sub section 95305, Exemptions, b eginning 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 Tr ailer, or,

(B) equipped with both:

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

2. any combination of a dry

- van trailer aerodynamic technolog y ies or combination of technologies that is either has been demonstrated

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

.

a. a U.S. EPA SmartWay Verified Technolog y or combination of U.S. EPA SmartWay Verified Technologies that ha s been

d emonstrated 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 Te chnologies that met the

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 ins talled on a trailer are allowed. Such modifications must not significantly increase the aerodynamic drag of the base,Attachment 1

- 14 unmodified SmartWay V v erified configuration, and the modifications may only be used if prior written approval is

obtained from the Ex ecutive Officer. The Executive Officer will base his or her approval on information submitted that describes the modification, the need therefor e

, and any test data or other information that demonstrates the proposed modifications would not significantly increase the aerodynamic drag of the SmartWay V v erified configuration, and on good engineering judgment.

(2) 2011 and Subsequent Model Year Refrigerated

- Van Trailer Requirements

.

Except as provided in sub section 95305, Exemptions, b eginning January 1,

2 010, 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 a ny or combination of dry

- van trailer aerodynamic technologies that is either has been demonstrated to the U.S.

EPA t o 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

demons trated 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 Technol ogies 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 Verified Technology configurations. Only modifications that are required to enable a particular SmartWay technology to

be inst alled on a trailer are allowed. Such modifications must not significantly increase the aerodynamic drag of the base, unmodified SmartWay V v erified configuration, and the modifications may only be used if prior written approval isAttachment 1

- 15 obtained from the Execu tive Officer. The Executive Officer will base his or her approval on information submitted that describes the modification, the need therefor e

, and any test data or other information that demonstrates the proposed modifications would not significantly inc rease the aerodynamic drag of the SmartWay V v erified 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 p revious 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) By January 1, 2013

, a 2010 or previous model year 53

- foot or longer dry

- van t railer For dry

- van trailers that is 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 t railer 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 SmartWa y 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, orAttachment 1

- 16 b. a U.S. EPA SmartWay Verified Technology or combi nation of U.S. EPA SmartWay Verified Technologies that met the

criteria defined in section 95303 (b)( 3 )(B)2.a.,but has been modified in any manner from the U.S. EPA SmartWay Verified Technology configurations. Only modifications that are required to enable a particular SmartWay technology to

be ins talled on a trailer are allowed. Such modifications

must not significantly increase the aerodynamic drag of the base, unmodified SmartWay V v erified configuration, and the modifications may only be used if prior w ritten 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 therefor e

, and any test data or other information that demonstrates the propose d modifications would not significantly increase the aerodynamic drag of the SmartWay V v erified configuration, and on good engineering judgment.

(C) B y January 1, 2013, a 2010 or previous model year 53

- foot or longer refrigerated

- van trailer For refrigera ted

- van trailers that is 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 S martWay 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 Pro gram, 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 c onfigurations. Only modifications that are required to enable a particular SmartWay technology to

be ins talled on a trailer are allowed. Such modifications

must not significantly increase the aerodynamic drag of the base, unmodified SmartWay V v erified co nfiguration, and theAttachment 1

- 17 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 therefor e

, and an y test data or other information that demonstrates the proposed modifications would not significantly increase the aerodynamic drag of the SmartWay V v erified configuration, and on good engineering judgment.

(D) For dry

- van trailers participating in an opt ional 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 r equirements 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 i n 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 2003 through 2009 model year 53

- foot or longer 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 5 3

- 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 b efore January 1, 2013, or by the applica ble compliance dates in section 95307

, Optional Trailer Fleet Compliance Schedules, if such trailer is included in the fleet of trailers participatingAttachment 1

- 18 in, and remains eligible to participate in, an optional trailer fleet compliance schedule

.

2. For a refr igerated

- 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 20 06 model year trailer; or

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

(c) Requirements for Drivers

.

(1) A driver can may not operate a HD tractor to pull a 53

- foot or longer box

type trailer on a highway within California unless both the tracto r and the

trailer :

(A) comply with the applicable requirements and compliance deadlines set
forth in sub sections 95303 (a) and 95303 (b ) ; and

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

, Good Operating Condition Requirements

.

(2) A dr iver must, upon demand request , provide the following available information to authorized enforcement personnel identified in section 9530 8 :

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

(H) if dispatched by a broker, the broker information se t forth in sub section

95303 (f)(1)(B)

. ;

(I) if operating a drayage tractor that is exempt pursuant to the requirements of section 9 53 05( d ), documentation indicating the port orAttachment 1

- 19 intermodal railyard of origin or destination, as applicable ; and

(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 ), o r Non

- compliant Tractor Pass pursuant to section 95305( i h ); the pass approval number , as applicable

.

(3) A driver of a HD tractor pulling a 53

- foot or longer box

- type trailer that is exempt pursuant to section 95305(l) has been registered as a storage tr ailer pursuant to section 95306(e) and is traveling pursuant to section

9530 6 (e)(1)(A) or a local

- haul trailer pursuant to section 9530 6 5

- (c) and is traveling pursuant to section 9530 6 (c)(1)(B) or 9530 6 (c)(2)(B) must upon request allow authorized enforce ment personnel to directly view the inside

of the trailer.

( 3 4 ) A driver shall not operate a HD tractor to pull a 53

- foot or longer box

- type trailer on a highway with in 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 high way with in California unless both the HD tractor and the box

- type trailer:

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

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

(B) are in good operating condition as defined in secti on 95304

, Good Operating condition Requirements

.

(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 high way with in California unless the 53

- foot or longer box

- type trailer:

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

sub section 95303 (b); and

(B) is in good operating condition as defined in section 95304

, Good Operating Conditio n Requirements

.Attachment 1

- 20 (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 sub section

95303 (b)(3) may elect to follow an alternative compliance schedule, if applicable. Owners that choose to follow an alternative compliance schedule must meet the requirements of section 95307, Optional Trailer

Fleet Compliance Schedules.

(f) Requirements for California

- based Brokers

.

(1) A California

- based broker must:

(A) only dispatch a HD tra ctor or a 53

- foot or longer box

- type trailer for travel on a highway with in California if the tractor or and or trailer compl ies y ies with the applicable operating requirements and compliance deadlines set forth in sub sections 95303 (a) and 95303 (b);

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

trave l ling on a highway within California :

1. broker’s business name ;

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

3. broker contact person’s name ; and

4. broker contact person’s busin ess 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 with in Califo rnia if the tractor or and or trailer compl ies y ies with the appl icable operating requirements and compliance deadlines set forth in sub sections 95303 (a) and 95303 (b);

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

trave l ling on a highway within California :

1. motor carrier’s business name ;

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

3. motor carrier contact person’s name ; and

4. motor carrier contact person’s business phone number

.Attachment 1

- 21 (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 com pliance

deadlines set forth in sub sections 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 m ust 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 sect ions 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, 3960 1, 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 Certifi ed 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 crite ria:

(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

.Attachment 1

- 22 (1) An A a erodynamic t echnolog y ies installed on a box

- type trailer must meet the following criteria:

(A) The aerodynamic technolog y ies must either be i nstalled : 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 Smart W ay Transport Partnership Program, or

2. in a configuration approved by the Executive Officer

.

( B ) The aerodynamic technolog y ies must be securely fastened to the

trailer ;

( C ) The aerodynamic technolog y ies must not be used with missing

sections ; and

(D ) The aerodynamic technolog y ies must not be used if damaged to such an extent as to compromise their its aerodynamic effectiveness

. ; and

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

folded back a gainst 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 sub section s 95303 (a) (1 ), 95303 (a)(2), and 95303(a)(3) if it’s own er 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 H h ighway is exempt from the require ments of sections 95303(a) (1), 95303(a)(2), and 95303(a)(3) upon its owner’s submittal of the applicable information identified in if the short

- haul tractorAttachment 1

- 23 (A) 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

(B) limits annual miles traveled to 50,000 miles.

(2) A 53

- foot or longer box

- type trailer is exempt from the requirements of section 95303(b) while it is bei ng pulled by a n exempt short

- haul tractor

.

( 3 ) The use of a n 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 applicable information specified in section 95303(c)(2) to authorized enforcement personnel identified in section 95308

, Enforceme n t. :

(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 br oker 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

, Enforcement, to directly vie w the odometer of the exempt short

- haul tractor.

( 6 ) For a n 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 short

haul tractor information submitted in accordance with sections 95306(d) to reflect this change in status prior to change in ownership of the tractor orAttachment 1

- 24 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 terminated

.

( 7 ) A short

- haul tractor exemption remain s 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 Executiv e 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 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 953 03 (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

(A) 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

(B) the tractor

- trailer combination is traveling within a 100 mile s of the

local

- haul tractor’s local

- haul base

.

(2) A 2011 and or 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 or 95303(b)(2)(B)1, while it is being pulled by an exempt local

- haul tractor

.

(3) A 2010 and or previous model year 53

- foot or longer box

- type trailer is exempt from the requirements of sections 95303(b)( 3 )( B )

, andAttachment 1

- 25 95303(b)( 3 )( C ), but still must comply with the requirements of section s 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 applicable information listed in section 95305( a c )( 4 2 ) to authorized enforcement personnel identified in sec tion 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 Exec utive 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 updated information to the Executive Officer within 15 days of change

.

( 7 ) For a local

- haul trac tor 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 section s 95306(d) to reflec t this change in status prior to change in ownership of the tractor

, or prior to the tr actor 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 Re quirements

. To qualify, the following must be

met: A local

- haul trailer is exempt from the requirements of section s 95303(b) (1)( A )

, 95303(b)(1)( B ) 2

, 95303(b)(2)(A), and 95303(b)(2)( B ) 2 , but still must comply with the requirements of sections 95303(b)(1) (B) 1 and 95303(b)(2)(B) 1 if its owner complies with the requirements of 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 or 95303(b)(2)(B)1 if the trailer has been registered in accordance with the requirements of secti on 95306, Short

- Haul Tractor,

Local

- Haul Tractor, Local

- Haul Trailer, and Storage Trailer Registra tion 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 mile s 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 loca l

- haul trailer isAttachment 1

- 26 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 section s 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 Registra tion Requirements and the foll owing conditions are met:

(A) the local

- haul trailer is being pulled by a HD tractor on a California highway within a 100 mile s 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

mi les 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 tra iler is traveling under a valid Relocation Pass

.

( 3 ) A local

- haul tra iler 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 accordan ce with section s 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 a n exempt local

- haul tra ile r that is removed from an owner’s exempt

local

- haul fleet , taken o ut of service, or is otherwise no longer exempt, the owner must notify the Executive Officer and update the local

- haul tra ile r information submitted in accordance with section 95306(e) to reflect this change in status prior to change in ownership of the tr ailer, 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 a n empty, exempt loc al

- haul trailer traveling further th an 100 miles from the trailer’s local

- haul base must, upon request, allow authorized enforcement personnel to directly view the inside

of the trailer. 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).Attachment 1

- 27 ( 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 o n 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) th e trailer was off

- loaded from an ocean

- going vessel or rail car at the port or intermodal ra ilyard 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 a n ocean

- going vessel or rail car, and the driver has documentation indicating the port or intermodal railyard of

destination.

( e ) Storage Trailer Exemption Requirements

. To qualify, the following must be met:

A 53

- foot or longer box

- type trailer is exempt from the requirements of

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

, 95303(b) (1) ( B ) 2 , 95303(b)(2)(A), and 95303(b)(2)( B ) 2 , but still must comply with the requirements of sub sections 95303(b)(1)(B)1 and 95303(b)(2)(B)1, while it is being pulled by a local

- haul

tractor tha t is exempt under subsection 95305(b)

.

(1 ) A storage trailer is exempt from the requirements of section s 95303(b ) if the storage trailer has been registered in accordance with the requirements of section 95306, Short

- Haul Tractor, Local

- Haul Tractor, Loca l

- Haul Trailer, and Storage Trailer Registra tion 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 lo cation and the storage trailer is empty , or

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

( 2 ) A storage tra iler exemption will remain in effect as long as the owner and the exempt storage trailer are in compliance with the requireme nts 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 Office r within 15 days of the change.Attachment 1

- 28 ( 4 ) For a n exempt storage tra ile r 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 stora ge

tra ile r 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 o f 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. A HD tractor is exempt from the requi rements of subsection 95303(a) while it is pulling a storage trailer that is exempt under subsection 95305( e ).

( 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 sub section 95303 (a)(2), while it is pulling a local

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

.

(1) An owner that obtains a R elocation P ass for a n exempt registered local

haul trailer or a n exempt registered storage trailer may operate that vehicle

in accordance with the provisions of section s 95305 (f)(1)(A) or 95305 (f)(1)( B ) for a specified period , as determined by the Executive Officer, not to ex ceed three five consecutive days.

( A ) A n exempt registered local

- haul trailer traveling under a Reloc a tion

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 w here it will operate as an exempt local

- haul trailer

, or en route to

an out

- of

- state location.

( B ) A n exempt registered storage trailer traveling under a Relocation Pass may transport freight on a California highway while either en route to a new storage trailer 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 that is not a register e d local

- haul trailer or registered st orage trailer

may operate that vehicle o n a California highway exempt from the requirements of section 95303(b) 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 five consecutive days provided that the following requirements are met:

.Attachment 1

- 29 (A) after the trailer’s Relocation Pass expires, the trailer may not be used to transport freight on a California highway un til it is a registered local

haul trailer and operated in accordance with the provisions of section 95305(c) , or A 53

- foot or longer box

- type trailer traveling under a Relocation Pass is exempt from the requirements of section 95303(b)

while either en route to a local

- haul base where it will operate as a

loca l

- haul trailer, or en route to a storage location where it will operate

as a s torage trailer

.

(B) after the trailer’s Relocation Pass expires, the trailer will not be used to transport freight on a California highway until it is registered as a
storage tr ailer and operated in accordance with the provisions of section 95305(e) , or

(C) after the trailer’s Relocation Pass expires , the trailer will not be used to transport freight on a California highway until it complies with the equipment requirements of 95 303 (b).

( 3 ) If relocating a registered local

- haul trailer If traveling to a local

- haul base or storage location under a Relocation Pass, within 48 hours after arrival at the

local

- haul base or storage location

, the owner of the 53

- foot or longer box

typ e 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 , the local

- haul base of

destination must be that trailer’s registered local

- haul base prior to beginning travel under the Relocation Pass. 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 O fficer 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) T railer vehicle identification number (V IN).

(C) Street address of location of trailer where travel under the Relocation Pass will begin.

( C D ) Street address of location of trailer where travel under the Relocation

Pass will end

. For a trailer reloc a ting to new local

- haul base

, the street

addr ess of the new local

- haul base

.

( D ) For a trailer relocating to a new storage location

, the street address of new storage trailer location

.Attachment 1

- 30 ( E ) Anticipated D d ate trailer will begin relocation travel.

( 5 ) No Regardless of ownership, a trailer will be gra nted no more than four Relocation Passes per year that are issued in accordance with the requirements of section 95305(f)

.

( 6 ) A trailer that has been issued a Relocation Pass in accordance with section 95305(f) (1) may not be issued another Relocation Pass until 30 days have passed from the date the pass was issued.

( 7 ) A trailer that has been issued a Relocation Pass in accordance with section 95305(f)(2) may not be issued another Relocation Pass until 30 days have passed from the date the trailer was registered as a local

- haul trailer or storage trailer in accordance with sections 9 5305(c) or 95305(e), respectively

.

( 6 8 ) The Executive Officer will respond to a request for a Relocation Pass within 15 days of receiving the information identified in sec tion 95305(f)( 4 ) and notify the owner in writing of the decision

.

(A) I f approve d, and upon confirmation of the date of travel by the owner,

t he Executive Officer will provide the owner with a Relocation Pass i n electronic or written format that will cont ain the following information:

1. Effective dates of the Relocation Pass which shall not exceed

three five consecutive days beginning with the date the trailer will begin travel.

2. Relocation Pass A pproval N umber

.

( 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 p P ass for that trailer up to 30 days prior of to the transfer of ownership

.

(2) A 53

- foot or longer box

- type trailer traveling und er 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 section s 95303(b )

.Attachment 1

- 31 ( 3 ) To obtain a Transfer of Ownership Pass

, a request to the Executive Offic er 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 transfe ror or transferee must provide the Executive Officer the following information for each trailer :

( A ) Transferor ’s contact information :

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

agency is selling the tra ile r, the responsible offici al 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 d ealer license number a nd 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 contact person’s name;

1 0

. T elephone number of contact person ;

1 1

. Email address of contact person (if available);

1 2

. Company taxpayer identification number (if applicable); and

1 3

. TRUCRS identification number of corporate parent (if one has been obtained).

(B) Transferee ’s co ntact information:Attachment 1

- 32 1

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

agency is selling the tra ile r, the responsible official and title (if applicable);

2

. Name of transferee ’s company, corporation, or governmental agency (if applicable);

3

. Corporate parent (if applicable);

4

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

5

. Vehicle d ealer 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 m aintained 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 ;

1 1

. Email address of contact person (if available);

1 2

. Company taxpayer identific ation number (if applicable); and

1 3

. TRUCRS identification number of corporate parent (if one has been obtained).

( C ) T railer identification number (VIN).

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

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

( F ) Date when t railer is scheduled to begin travel on a California highway under the Transfer of Ownership Pass.Attachment 1

- 33 ( G ) D ate when trailer is scheduled to end travel on a California highway

under the Transf er 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 Trans fer of Ownership Pass is greater than three five consecutive days, the n the Executive Officer may request additional

information from the transferor

.

( 4 ) For transfers of ownership where the transferor or transferee is not a licensed vehicle dealer, o nce a Transfer of Ownership Pass has been approved for a trailer, the transferor and transferee are no t longer jointly eligible for another Transfer of Ownership Pass for that same trailer until

one year ha s passed from the last effective date of the approved T ransfer 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 Owner ship Pass within 15 days of receiving the information identified in section

9 5 305( g h )(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 electro nic 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 travelin g 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 ex ceed

three five 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 temporarilyAttachment 1

- 34 exempt from the requirements of section 95303(b) for a specified period, as determined by the Executive Officer, not to exceed three five consecutive days.

( 3 ) To obtain a n 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).

(B ) Tractor identification number (VIN).

( C ) Date tractor will begin travel

, or enter California if traveling from out of

stat e location, under the Non

- compliant Tractor Pass.

( 4 ) No owner will be granted more than one Non

- compliant Tractor Pass per

year

( 5 ) O nly one tractor per fleet operating under a common U nited S tates

D epartment of T ransportation (USDOT) number, motor ca rrier identification number, or I nternational R egistration P lan (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 h )(3) and notify the transferor owner in writing of the decision.

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

compliant Tractor Pass in electronic or written format that will contain

t he 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 t he trailer is configured such that existing aerodynamic technologies necessary to meet the requirements defined in sections 95303(b)(1)(B)(2) or 9530 3(b)(3)(B)(2) for dry

- van trailers ; or 95303(b)(2)(B)(2) or 95303(b)(3)(C)(2) for refrigerated

- van trailers cannot

be installed

.Attachment 1

- 35 (2) A trailer identified in a Trailer Aerodynamic Equipment Compliance Delay is subject to the following compliance deadlines

(A ) For a traile r not participating in an optional trailer fleet compliance schedule, the applicable compliance d ate 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 from the applicable Conformance Thre shold 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) Ow ner 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 c ode, 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 a vailable);

7. TRUCRS identification number (if applicable)

(B ) T railer Information (for each candidate trailer for compliance delay

trailer )

1. Trailer vehicle identification number (VIN).

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

3

. Current scheduled compliance date s of trailer s

.Attachment 1

- 36 4. Narrative description of why exemption is necessary. Description

s hould clearly explain why all available aerodynamic technologies

that meet s 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

O fficer.

(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 ) T he Executive Officer will respond to the application for a Trailer Aerodynamic Equipment Compliance Delay within 30 days of receipt of the application, and notif y the applicant in writing of the decision.

(A) If the Executive Officer determines that the cand idate 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 wi ll 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 mounted on the drive axle or axles that are not SmartWay Verified Technologies

.

( k ) An owner may be prohibited b y the Executive Officer from operating his or her vehicles under the provisions of section 95305 if the owner or any of the owner’s vehicles that are registered exempt short

- haul tractors, local

- haul tractors, local

-Attachment 1

- 37 haul trailers, or storage trailers are f ound in violation of any requirement of

section 95305.

(l) Tractor

- Trailer Exemption for Tractors Pulling Empty Trailers

(1) A HD tractor and the 53

- foot or longer box

- type trailer it is pulling are exempt from the requirements of section s 95303(a) and 95303(b) if the following conditions are met:

(A) the trailer is empty , and

(B) t he driver of the HD tractor pulling the empty trailer, upon request,

allow s authorized enforcement personnel to directly view the inside of

the trailer.

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 Trai ler Exemption Registration Requirements

.

(a) To qualify for any an exemption s set forth in sub section s 95305 (a), 95305(b) or

, 95305(c), or 95305(e), t he owner of a HD tractor or the owner of a 53

- foot or longer box

- type trailer must submit to the Execut ive Officer all applicable

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

.

(b) Owner Contact Information:

(1) Short

- haul or local

- haul tractor owner’s name

, and if a business corporate entity or governmental agency owns the tractor, the responsible official and

title (if applicable) ;

(2) Local

- haul or storage trailer owner’s name

, and if a business corporate entity or governmental agency owns the trailer, the responsible offici al 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 inclu ding city, state orAttachment 1

- 38 province , zip code

, colonia (Mexico only), and country ;

( 7 ) Mailing add ress including city, state or province, zip code, colonia (Mexico only), and country ;

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

c ompliance schedule will be maintained including city, state or province, zip code, colonia (Mexico only), and country ;

( 9 8 ) Owner c ontact person ’s name ;

( 10 9 ) Telephone n u mber of owner or owner’s company contact person ;

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

( 12 11 ) Company taxpayer identification number (if applicable) ; and

( 13 12 ) DOORS TRUCRS identification number of corporate parent ( if one has

been obtained )

.

(c) Local

- Haul Base Information for O wners of L ocal

- haul T ractors or T railers (an owner may have multiple local

- haul bases) :

(1) Local

- haul base contact person ’s name ;

(2) Contact person’ s title ;

(3) Street address of local

- haul base including city, state, zip code , colonia (Mexico only), and country ; a nd

(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 ( s hort

- haul ) ; or

(B) Limit total area of operation to within a 100

- mile radius from its local

haul base ( l ocal

- haul) ;

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

( 3 ) Tractor make ;Attachment 1

- 39 (4 ) Tractor model ;

(5 ) Tractor model year ;

(6 ) Stat e or province of registration ;

(7) Country of registration ;

( 8 ) Registration type ( s tate, IRP, t emporary, s easonal, m onthly, or o ther) ;

( 9 ) License plate number ;

( 10 ) For short

- haul tractors: O dometer reading ; and

( 1 1 ) For local

- haul tractors: t racto r’s local

- haul base street address , including city, state, and zip code

. , colonia (Mexico only), and country.

( e

) Local

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

(1) Trailer type (dry van or re frigerated van) ;

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

(3) Trailer make ;

(4) Trailer model ;

(5) Trailer model year ;

(6) State or province of registration ;

(7) Country of registration ;

( 8 ) Registration type (State, IRP, Temporary, Sea sonal, Monthl y or Other) ;

(9) License plate number ; and

( 10 ) For a local

- haul trailer only, the local

- haul t T railer’s local

- haul base street

address , including city, state, and zip code

.

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

sub sections 95306 (b) through 95306 ( e ) and one or all of the following

statements , as applicable :

(1) For all local

- haul trailers and tractors :Attachment 1

- 40 I agree to strictly limit the all use of this [or these] tractor[s] [or trailer[s]] to the area with in a 100

- mile radius of the local

- haul

base [s] identified in this submittal when hauling freight with vehicles subject to section 95303(a) and (b), title 17, California Code of Regulations

. I understand that i f I transport any freight in the trailer[s] w hen pulling it [ or them] on California highways outside the

100

- mile radius, the tractor[s] [or trailer[s]] would be subject to the equipment requirements of this regulation and may lose exempt

status if non

- compliant. I also understand that if my tractor[ s] [or trailer[s]] is [or are] non

- compliant, operation of the equipment

outside this area will be a and I may be subject to possible

enforcement actions for violation s of sections 95300

- 9531 1 2

, title 17, California Code of Regulations. I also understand that I am allowed to relocate the trailer[s] to a new location, but only if the 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 inspect ion 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 tr actors :

“I agree to limit use of this [or these] tractor[s] to 50,000 or fewer miles per yea r. 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 violation s of

sections 95300

- 9531 1 2

, title 17, California Code of Regulations. If
stopp ed for inspection by authorized enforcement personnel

, I will

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 trailer s:

“I agree to limit use of this [or these] trailer[s] exclusively for the storage of item s 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 R elocation 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 sect ions 95300

- 9531 2 , 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]. IAttachment 1

- 41 declare under penalty of perjury that the information provided is

tru e, 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 exemp t 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 tr ailer 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 subse ctions (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 o wner’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 sta tus prior to change in ownership of the tractor, or prior to the tractor travelling on a h ighway within

C alifornia , 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 s tatus 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 sub section 95305(a) will remain in effect for a period o f 1 year from the date that the information required in subsections 95306(b) through (f) is submitted to the Executive Officer if the owner and the exempt tractor are in continuing compliance with the requirements of this section. To extend the exemption for an additional 1 year

, the owner must submit the

tractor’s current odometer readings prior to

, but no more than 30 days before

, the expiration date of the exemption.

( k ) The driver of an exempt short

- haul or local

- haul tractor , or a HD tractor pullin g 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 ;Attachment 1

- 42 (4) Origin of freight being transport ed ;

(5) Destination of freight being transported ;

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

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

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

(8) Vehicle i denti fication 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) i n 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 385 60.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code.

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 sub section.

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

.Attachment 1

- 43 (3) Trailers participating in Option 2 of the large fleet compliance schedule specified in section 95307(b)(2) must be acqu ired 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.

( 2 5 ) Trailer fleet size determination. For purpos es 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. exi sting compliant trailers ;

2. non

- compliant trailers ;

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

4. refrigerated

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

.

( 3 6 ) Applica ble C ompliance Schedules.

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

determined in accordance with sub section 95307 (a)( 2 5 ) above, may only elect to participate in either of the following two compliance schedule options. A lar ge fleet owner who does not register for one of these options must bring all trailers in the fleet into compliance as specified in section 95303(b) (3)(B) or section 95303(b)(3)( F ). the large fleet compliance schedule, specified in subsection (b).

1. Optio n 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 f leet owner with a trailer flee t size of 20 or fewer trailers may elect to participate ha s the option of participating in either of the large fleet compliance schedule options in section 95307 (b), or in the small fleet compliance schedule , specified in sub section s (b) and 95307 (c)

, respe ctively

.Attachment 1

- 44 (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 th is large fleet compliance schedule option must ensure that the percentage of compliant trailers on the compliance plan base list, as de scrib ed in

section 95307 (d)(3), is equal to or greater than:

(B) 15 percent b eginning January 1, 2012 ;

(C) 30 percent b eginn ing January 1, 2013 ;

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

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

(F) 100 percent b eginning January 1, 2016

.

1. 5 percent beginning by January 1, 2011;

2. 15 percent beginning by January 1, 2012;

3. 30 percent beginni ng by January 1, 2013;

4. 50 percent beginning by January 1, 2014;

5. 75 percent beginning by January 1, 2015; and

6. 100 percent beginning by January 1, 2016.Attachment 1

- 45 Table 1 : Minimum Fleet Conformance Thresholds

for the Large Flee t Compliance Schedule (Option 1)

Compliance

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

Threshold Deadline

2010 5% January 1, 2011

2011 15% January 1, 2012

2012 30% January 1, 2013

2013 50% January 1, 2014

2014 75% January 1, 2015

2015 100% January 1, 2016

(2) Option 2 of the large fleet compliance schedule beginning January 1, 2012

(A) Minimum fleet conformance thresholds (Table 2): A trailer owner participating in th is large fleet compliance schedule option must ensure

that t he percentage of compliant trailers on the compliance plan base list, as de scribe d in section 95307 (d)(3), is equal to or greater than:

1. 20 percent beginning by January 1, 2012;

2. 40 percent beginning by January 1, 2013;

3. 60 percent beginning by J anuary 1, 2014;

4. 80 percent beginning by January 1, 2015; and

5. 100 percent beginning by January 1, 2016

.

Table 2 : Minimum Fleet Conformance Thresholds

for the Large Fleet Compliance Schedule (Option 2)

Compliance

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

Threshold Deadline

2010

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

2012 40 % January 1, 2013

2013 60 % January 1, 2014

2014 80 % January 1, 2015

2015 100% January 1, 2016

( 2 3 ) Large fleet compliance plan: To participate in either Option 1 or Option 2 the large fleet compliance schedule , a trailer owner must provide the following information to the Executive Officer, electronically or in a document package entitled “Large Fleet Compliance Plan,” by July 1, 2 010 for Option 1, and byAttachment 1

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

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

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

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

with sub section 95307 (e) (1) ;

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

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

accordance with sub section 95307 (e )( 5) ; a nd

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

accordance with subsection (d) (4) ; and

( G F ) Early compliance option reporting, if applicable: If a trailer owner elects to delay the compliance of trailer s in accordance with sub secti on 95307 (b) ( 4 )

, such owner must submit the following trailer information within the compliance plan:

1. Early compliance trailer number: The number of ear ly c ompliance

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

2. Early compliance trailer l ist: A trailer owner participating in the early compliance option must clearly identify on the trailer fleet list all early compliance trailers ;

3. Delayed compliance trailer number, calculated in accordance with

sub section 95307 (e) (3) ; and

4. Delayed compliance trailer list: A trailer owner participating in the early compliance option must clearly identify on 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

c ompliance years 2013, 2014, and 2015

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

three annual conformance commitment lists

, the trailer owner may not alter

the number of trailers identified on each list

. If participating in the early compliance option, a trailer owner may also redistribute trailers amongst th e annual conformance commitment list for compliance years 2013, 2014, and 2015 and the list of delayed compliance trailers.Attachment 1

- 47 ( 4 ) Early compliance option: Subject to the requirements and limitations set

forth in this sub section

, for every one early compl iance trailer in an owner’s fleet, a trailer owner may delay the retrofit or replacement of 1.5 non

compliant trailers until December 31, 2016

.

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

in accordance with sub section 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 trail ers 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
opt ion, a trailer owner must submit all information required by

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

.

(c) Small F leet C ompliance S chedule

.

(1) Minimum fleet confor mance 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 sub section 95307 (d) (3), is equal to or greater than:

(A) 25 percent beginning by January 1, 2014 ;

(B) 50 percent beginning by January 1, 2015 ;

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

(D) 100 percent beginning by January 1, 2017

.Attachment 1

- 48 Table 2 3 : Minimum Fleet Conformance Thresholds for the Small Fleet Compliance Schedul e

Compliance

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

Deadline

2013 25% January 1, 2014

2014 50% January 1, 2015

2015 75% January 1, 2016

2016 100% January 1, 2017

(2) Small fleet compliance plan: To participate in the sma ll 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) St atement of intent, in accordance with sub section 95307 (d )( 1) ;

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

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

with sub section 95307 (e )( 2) ;

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

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

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

.

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

accordance with (d )( 4)

.

(d) General Compliance Plan Components

.

(1) Statement of intent: The statement of intent 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 th e following:

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

(B) A statement identifying the compliance schedule in which the trailer owner elects to participate ;Attachment 1

- 49 (C) For trailer owners elect ing 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 su bject 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 E xecutive 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

Offic er, 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 , 201 5 if participating in the large fleet compliance schedule and December 31, 2016 if particip ating 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)( B F ) 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.

(2) Trailer fleet list : The trailer fleet list , as defined in this sub section

, must be provided to the Executive Officer as part of the owner’s compliance plan by the applicable compliance plan due date. Except upo n 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 theAttachment 1

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

t he 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 app licable ;

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

(M ) List of all 2010 and previous model

- year 53

- foot or longer box

- type

t railers that are subject to the requireme nts 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 schedule s , the trailer list must include all trailers that will opera te in California including compliant trailers , non

- compliant

trailers , exempted trailers, and refrigerated

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

2. For an owner that elects to participate in th e small fleet compliance schedule, the trailer list must include all trailers in the owner’s fleet,Attachment 1

- 51 including compliant trailers , non

- compliant trailers , exempted trailers, and refrigerated

- van trailers that are eligible for the compliance deadlines set fo rth in section 95303(b)(3)( B F ) 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 t ravel on a h ighway with in 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

o ther) ;

9

. Country of registration ;

10

. Compliance status (compliant or non

- compliant ) ;

11. Exemption Status (not exempt, exempt local

- ha ul exempt

, exempt storage, dedicat ed 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. T ransport refrigeration unit m odel year (as applicable) ; and

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

.

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

n on

- compliant trailers identified on the trailer fleet list as trailers that wi ll be brought into compliance in accordance with the applicable compliance

schedule. Trailers that are not early compliance trailers but are inAttachment 1

- 52 compliance before January 1, 2010, may also be included on the compliance plan base list and used to meet minimu m 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 sub section s 95305(c ) and 95305( e ) ;

(B) Refrigerated

- van trailers that are e ligible for the compliance deadlines

s et 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

ap plicable 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 compl iance

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 th e 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.

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

“N L B ” = Large fleet compliance plan base number

.

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

.

“N D ” = Number of d elayed c ompliance trailer s , as determined in

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

.

“N E ” = Number of early compliance trailers , not to exceed N E, max as determined in accordance with Equation 5 , if applicable

.Attachment 1

- 53 “N R ” = Number of refrigerated

- van tr ailers that are eligible for the compliance deadlines set forth in section s 95303 (b)(3 )( B F ) 2 .a 1. through 95303 (b)(3 )( B F ) 2 .c 3.

, if applicable

.

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

” “ exempt local

- haul exempt

, ” “ exempt stor age,” “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 i nto compliance in accordance with the small fleet compliance

schedule.

N CA = N T – N NC (Equation 2 )

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

.

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

.

“N NC ” = Number of t railers that will not operate in California for the duration of an applicable trailer fleet compliance schedule

N S B = N CA – N R – N X (Equation 3 )

“N S B ” = Small fleet compliance plan base number

.

“N CA ” = Total number of trailers in Californi a fleet, as determined

in accordance with Equation 2

.

“N R ” = Number of refrigerated

- van trailers that are eligible for the compliance deadlines set forth in section s 95303 (b)(3 )( B F ) 2 .a 1. through 95303 (b)(3 )( B F ) 2 .c 3.

, if applicable

.

“N X ” = Number of trail ers 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 f leet d elayed compliance trailer number: The delayed compli ance trailer number is the number of trailers for which compliance may be delayed , pursuant to sub section 95307 (b) ( 4 ), Early Compliance Option

.

N D = N E x 1.5 (Equation 4)Attachment 1

- 54 “N D ” = Number of d elayed compliance trailer s , if applicable. If N D is not a whole number, round down to the next whole number.

“N E ” = Number of early compliance trailers , not to exceed N E, max as determined in accordance with Equation 5 , if applicable

.

(4) Large fleet m aximum allowable number of early compliance trail er s : The

resultant number must be rounded down to the nearest whole trailer

.

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

.

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

trailer s . If N E , max is not a whole number, round down to the next

whol e number.

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

.

“N R ” = Number of refrigerated

- van trailers that are eligible for the compliance deadlines set forth in section s 95303 (b)(3 )( B F ) 2 .a 1. through 95303 (b)(3 )( B F ) 2 .c 3.

, if applicable.

“N X ” = Number of trailers with a trailer fleet list 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 31 st of a particular compliance year to ensure that the percentage of compliant trailers within the compliance plan base list meets

or exceeds the app licable minimum fleet conformance threshold that takes effect on January 1 of the following year

.

N Y = (N B x P Y )

– N C, Y

- 1 (Equation 6 )

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

less than 0.5.

“N B ” = The c ompliance plan base number, either N L B as ca l culated

in sub section 95307 (e)(1) for a l arge fleet or N S B as calculated in

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

.

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

- 55 95307 (c )( 1) for small fleets , expressed as a fraction decimal (e.g

. 5 percent is entered into equation as 0.05).

“N C, Y

- 1 ” = Total number of trailers within the compliance base that would already be in compliance prior to January 1 of compliance year Y. This number must not in clude early compliance trailers.

(f) Reporting Requirements

(1) For each trailer listed i n 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 m ethod for the trailer as defined in (A)

, (B) , or (C) below, to the Executive Officer by no

later than December 31 st of that year.

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

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

(C) Restrict the t railer from travel ing on California highways.

(2) For each trailer listed in the compliance plan base list that is or will be re

designated into local

- haul or storage trailer service in a specific co mpliance year, the owner must provide the trailer identification number (vehicle identification number (VIN)) to the Executive Officer by no later than

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

in sections 95305

, Exemptions

, and 95306

, Short

- Haul Tractor, Local

- Haul Tractor, Local

- Haul Trailer, and Storage Trailer Registration Requirements

. Trailers re

- designated into local

- haul or storage trailer service do not count toward meeting an annual conformance number.

( f g ) Gen eral R equirements f or A ll C ompliance S chedules: 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 31 st of each compliance year, the percentag e of compliant trailers on the owner’s compliance plan

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 compl iance year’s annual conformance commitment list brought intoAttachment 1

- 56 compliance each compliance year i s 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 complia nce year’s annual conformance commitment list before January 1 of the following year ;

( 4 3 ) The trailer owner must allow the Executive Officer , or any other authorized enforcement personnel, to conduct periodic audits of records and equipment to verify com pliance with an applicable compliance schedule, the owner’s compliance plan, and other applicable air quality regulations ;

( 5 4 ) Should the Executive Officer terminate the trailer owner’s participation in a trailer feet compliance schedule, such trailer o wner 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 ;

( 6 5 ) 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 owne r 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 ;

( 7 6 ) The trailer owner must provide to the Executive Officer any documentat ion and information required by an applicable trailer fleet compliance schedule by the compliance plan due date specified in such compliance schedule ;

( 8 7 ) The trailer owner must ensure that all information and documentation provided to the Executive Offi cer is accurate and true ;

( 9 8 ) The trailer owner must ensure that all required information and

documentation is received by the Executive Officer by the applicable due

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

transit ;

( 10) If participating in one of the large fleet compliance schedule s , the trailer owner must continue bringing trailers into compliance in accordance with the original compliance plan if a large fleet compliance plan revision is not

submitted ;

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

list ;Attachment 1

- 57 ( 12 10 ) Upon the request of the Executive Officer or other authorized enforcement personnel, the trailer own er 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 othe r air quality regulation ;

( 13 11 ) A trailer owner who is participating in the small fleet compliance s chedule may not allow a 2010 or previous model year t railer 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 t railer’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 )( B F ) 2 , or exempt under section 95305 ;

( 14 12 ) A trailer owner may not allow the operation of a non

- compliant trailer on a highway within C alifornia after December 31 st of the compliance year in

which the trailer is s cheduled to be has been reported to ha ve 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

- hau l or short

- haul

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

trailer into compliance

. However, such owner must fill the vacancy left on the affected annual conformance commitment list with a nother t railer from

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

trailer is still listed

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

still exists ;

( 1 6 13 ) Except as provi ded 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, orAttachment 1

- 58 other changed circumstances affecting operations of the own er, necessitate revisions to the compliance plan ;

( 1 7 14 ) Executive Officer approval will not be granted to allow a newly

- formed business, or an existing business commencing operations in California, to participate in a compliance schedule after the submis sion due date for the applicable compliance plan has passed ;

( 1 8 15 ) 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 determin e the compliance status of a

trailer or fleet ;

( 1 9 16 ) 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 comp liance 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 wi thin 90 days or by December 31, 2012, whichever is later,

but in no case later than December 31 , 2015, if participating in the large fleet compliance schedule, and December 31, 2016

, if participating in the small fleet compliance schedule ;

( 20 17 ) A traile r owner who is participating in one of the large fleet compliance

schedule option s 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 compliance plan base list

and is in compliance with all requirements of the large fleet compliance

schedule ; o r

(C) the trailer is a refrigerated

- van trailer that is eligible to be brought into compliance in accordance with a compliance deadline set forth in

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

(D) the trailer is exempt under sectio n 95305 ;

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

this subarticle.Attachment 1

- 59 (19 ) A trailer owner who has elected to participate in Option 1 and submitted

information in accordance with section 95307 (b)(3), may withdraw s uch 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 a n exempt storage trailer or an exempt

local

- haul trail er 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 Req uirements 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 fe et compliance schedule must notify the executive officer and bring all

trailers from the compliance plan base list into compliance by December
31, 2012 J anuary 1, 2013

.

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and S afety 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 Boa rd ( 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 ot her 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 California

licensed 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 facility (with any necessary safety clearances) where HD tractors and box

- type trailersAttachment 1

- 60 are loca ted 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 Safe ty 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, 3 9601, 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 s ubject to the disclosure of regulation applicability requirements of section

9530 3 ( i ) must maintain a record of the disclosure of regulation applicability for three years after the sale.

(b) A l essor of a HD tractor or a 53

- foot or longer box

- type trailer that ha s provided a lessee with a statement or written notice that inform s the lessee about the lessee’s obligation under terms of the lease to ensure compliance with the

sections 95300

- through 95312, title 17, California Code of Regulations, must

mainta in a record of th is 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, H ealth and Safety Code.

9531 1 2 Severability.

If any sub section, 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, s uch portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this subarticle

.

NOTE: Authority cited: Sections 39600, 39601, 38510, 38560, and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5, and 38580, Health and Safety Code.