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Attachment B to Resolution 08-44 

Staff’s Suggested Modifications to the 

Originally Proposed Regulation Order 

Released October 24, 2008 

REGULATION TO REDUCE GREENHOUSE GAS EMISSIONS 

FROM HEAVY-DUTY VEHICLES 

Note: This document contains the staff’s suggested modifications to the originally 

proposed regulation order set forth in Appendix A of the Staff Report: Initial Statement 

of Reasons for Proposed Rulemaking, which was released to the public on October 

24, 2008. The originally proposed regulatory language is indicated in plain type. The 

suggested modifications are shown in underline to indicate proposed additions and 

strikethrough to indicate proposed deletions. All proposed modifications will be made 

available to the public for a comment period of at least fifteen days before the Air 

Resources Board (ARB) takes final action to adopt the proposed regulation. 

Adopt new Subarticle 1, sections 95300 to 95312,95311, title 17, California Code of 

Regulations, to read as follows:

Subarticle 1: Heavy Duty Vehicle Greenhouse Gas Emission Reduction 

Measure

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 California highways. 

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

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

and Safety Code. 

95301. Applicability. 

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

driven on California highways, as well as motor carriers, California-based 

brokers, and California-based shippers that use, or caused to be used, the 

following equipment on California highways: 

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

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

(1) drop-frame trailers; 

(2) chassis trailers; 

(3) curtain-side trailers; 

(4) livestock trailers;

(5) refuse trailers;

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

(5) HD tractors or box-type trailers that have been granted an exemption under 

the provisions of section 95305, Exemptions:

(6) (7) authorized emergency vehicles; and 

(7) (8) military tactical support vehicles. 

(c) In accordance with the provisions of section 95305, Exemptions, specified 

requirements of this subarticle do not apply to short-haul tractors, short-haul 

trailers, custom extended sleeper cab tractors, and drayage 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 must 

provide the following disclosure in writing to the buyer on the bill of sale, “A 

heavy-duty tractor and 53-foot or longer box-type trailer operated in California 

may be subject to the California Air Resources Board Heavy Duty Vehicle 

Greenhouse Gas Emission Reduction Measure. It therefore could 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. 
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95302. Definitions. 

(a) The following definitions apply to this subarticle: 

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

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

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

aerodynamic technologies: fairings and flow control devices. 

(2) “Authorized emergency vehicle” means a vehicle as defined in Vehicle Code 

section 165.

(3) “Box-type trailer” means a dry-van trailer or refrigerated-van trailer that is 

not a drop-frame trailer. 

(4) “Broker” means a person who functions as an intermediary between two or 

more shippers and receivers, dispatching vehicles for the pick-up and 

delivery of freight, but is not a motor carrier or tractor owner or trailer owner. 

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

rear side of the tractor that fans out slightly and reduces the space between 

the tractor and trailer. 

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

mounting of a containerized load. 

(7) “Container” means a simple, enclosed box of standardized sizes, used for 

intermodal transport. 

(8) “Curtain-side trailer” means a flatbed trailer with tarp sides that can be 

loaded from the sides, top, or rear. 

(9) “Custom extended sleeper cab tractor” means a tractor installed with a 

custom-built sleeper cab that extends at least 80 inches beyond the rear of 

the cab as produced by the original equipment manufacturer.

(9) (10) “Dispatch” means to contact vehicle owners, coordinate delivery, pickup, 

and drop-off schedules of such vehicles; and monitor the delivery of freight 

from such vehicles. 

(10) (11) “Dispatch driver” means the driver of a HD tractor that has been 

dispatched by a motor carrier or broker. 

(11) (12) “Drayage tractor” means any in-use on-road tractor with a Gross 

Vehicle Weight Rating of 33,000 pounds or greater operating on or 

transgressing through port or intermodal rail yard property for the purpose of 
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loading, unloading or transporting cargo, such as containerized, bulk or 

break-bulk goods. 

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

(13) (14) “Drop-frame trailer” means an enclosed rectangular trailer with a 

lowered deck starting just behind the bed plate to create more cargo space. 

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

trailer. 

(15) (16) “Fairing” means a structure with smoothly contoured solid surfaces that 

reduces the wind resistance of the objects they cover. 

(16) (17) “Flatbed Trailer” means a trailer consisting of a completely open 

platform with no sides or railings. 

(17) (18) “Flow control device” means an object or 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. 

(18) (19) “Front trailer fairing” means a curved fairing that attaches to the front 

facing surface of a trailer that covers all or part of the trailer’s front facing 

surface. 

(19) (20) “Fuel tank fairing” also known as a chassis skirt, means a fairing located 

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

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

tank. 

(20) (21) “Good operating condition” means the condition of a HD tractor or boxtype trailer that meets the applicable standards in section 95304 for 

continued aerodynamic efficiency. 

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

in Vehicle Code Section 350. 

(22) (23)“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). 

(23) (24) “Highway” means a “highway” as defined in Vehicle Code section 360. 

(24) (25)“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 
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the tractor cab to the rear edge of the sleeper cab, with enclosed sides that 

line up with the sides of the sleeper cab. 

(25) (26) “Lessee” means the person 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, or a “lessee” as defined in California 

Uniform Commercial Code, section 10103(a)(14) section 371 of the Vehicle 

Code. 

(27) “Lessor” means a “lessor” as defined in California Uniform Commercial 

Code, section 10103(a)(16).

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

(26) (29) “Local haul base” means the location where a short-haul tractor is 

garaged and maintained, and the location from where a short-haul trailer is 

routinely dispatched. 

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

fuel efficiency of a tractor pulling a trailer by minimizing its rolling 

resistance, which consists of the energy lost as heat within the rubber 

itself, as well as aerodynamic drag of the tire, and friction between the tire 

and the road and between the tire and the rim when the tire is rolling under 

load; rolling resistance is expressed as the energy consumed per unit 

distance as the tire rolls under load. 

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

Vehicle” as defined in title 13, CCR, section 1905.

(29) (32) “Motor carrier” means a person that contracts to pick up and deliver 

commercial freight, and hires tractor owners or employs drivers, who are 

dispatched to pick up and deliver commercial freight. 

(30) “Owner” means any person except a bank or other financial lending 

institution that legally holds title (or its equivalent) to a HD tractor or trailer 

showing ownership of the tractor or trailer. For purposes of this subarticle, 

a lessee or lessor of a tractor or trailer is considered the owner of the tractor 

or trailer in accordance with the following criteria:

(33) “Owner” means one of the following: 

 

(A) Except as provided in (a)(33)(B), the person 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. 
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(B) For a leased tractor or trailer, both the lessor and the lessee of the 

vehicle. 

(A) The lessee of a tractor or trailer is considered the owner if the following 

conditions are met: 

1. the lessee has leased the tractor or trailer for a period of at least 

one year prior to the effective date of this subarticle, or

2. the lessee has leased the vehicle for a period of one year or more 

after the effective date of this subarticle, and the written lease 

agreement or amendment to the agreement specifically identifies 

the lessee as the owner. 

(B) The lessor of a tractor or trailer is considered the owner if the following 

conditions are met: 

1. neither of the conditions listed in subsection (a)(30)(A) are met, or

2. a written agreement between the lessee and lessor prohibits the 

lessee from modifying the leased or rented vehicle to comply with 

this subarticle. 

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

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

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

any other legal or commercial entity.

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

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

the air passing over the side and top surfaces of the trailer. 

(33) “Refrigerated-van trailer” means a trailer van that has a refrigeration or 

heating unit built into the trailer to maintain precise temperatures and is 

used to haul frozen food, fresh produce, hot or warm food, and other 

perishable items.

(34) (36)“Receiver” means a commercial operation to which freight will be or has 

been delivered that is intended for commercial, not private use. This may 

include, but is not limited to, owners of freight distribution centers, and 

temporary freight storage facilities. 

(37) “Refrigerated-van trailer” means a rectangular trailer van that has a 

refrigeration or heating unit built into the trailer to maintain precise 

temperatures and is used to haul frozen food, fresh produce, hot or warm 

food, and other perishable items.
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(38) “Refuse Trailer” means a trailer that is used to haul solid waste material. 

Solid waste includes garbage, construction debris, commercial refuse, and 

other discarded materials.

(39) “Retired (trailer)” means a trailer that no longer performs long-haul operation 

on California highways.

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

Vehicle Code. 

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

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

distribution centers, and temporary freight storage facilities. 

(37) “Sleeper cab” means a HD tractor body that has a compartment located 

behind the driving compartment that contains a bed.

(38) (42)“Short-haul tractor” means a HD tractor that either travels less than 

50,000 miles in a calendar year, or travels exclusively within a 100 mile 

radius of its local haul base. 

(39) (43) “Short-haul trailer” means a 53-foot or longer box-type trailer that travels 

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

(44) “Sleeper cab” means a HD tractor body that has a compartment located 

behind the driving compartment that contains a bed.

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

Vehicle Code. 

(41) (46)“Trailer side skirt” means a fairing that extends down from the bottom of 

the trailer to cover part of the open space between the tractor and the rear 

wheels. 

(42) (47) “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 trailers. TRUs may be capable of both cooling and heating. 

(43) “U.S. EPA Approved SmartWay Technology” or “U.S. EPA Approved 

SmartWay Technologies” means one or more aerodynamic technologies or 

low-rolling resistance tire models that has been identified by the U.S. EPA 

as meeting the technical specifications and requirements of the U.S. EPA 

SmartWay Transport Partnership Program. 
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(44) (48) “U.S. EPA Certified SmartWay Tractor” means a tractor that has been 

certified by the U.S. EPA to meet the technical specifications and 

requirements of the U.S. EPA SmartWay Transport Partnership Program. 

 

(45) (49) “U.S. EPA Certified SmartWay Trailer” means a 53-foot or longer boxtype trailer that has been certified by the U.S. EPA to meet the technical 

specifications and requirements of the U.S. EPA SmartWay Transport 

Partnership Program. 

(46) (50) “U.S. EPA SmartWay Partnership Program” means the U.S. EPA’s 

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

transportation industry to improve energy efficiency, reduce greenhouse gas 

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

establishes requirements for improvingincentives for improving freight 

movement efficiency and for improving the fuel efficiency of freight moving 

equipment. Information on the U.S. EPA SmartWay Partnership Program is 

available through the U.S. EPA Office of Transportation and Air Quality 

(OTAQ), USEPA Headquarters, 1200 Pennsylvania Avenue, N.W, 

Washington, DC 20460; and at the U.S. EPA SmartWay website at 

http://www.epa.gov/smartway/. 

(51) “U.S. EPA Verified SmartWay Technology” or “U.S. EPA Verified SmartWay 

Technologies” means one or more aerodynamic technologies or low-rolling 

resistance tire models that has been identified by the U.S. EPA as meeting 

the technical specifications and requirements of the U.S. EPA SmartWay 

Transport Partnership Program. 

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

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

and Safety Code. 

95303 Requirements and Compliance Deadlines. 

(a) Tractor Requirements

(1) Beginning January 1, 2010, no 2011 or subsequent model year sleeper-cab 

HD tractor pulling a 53-foot or longer box-type trailer shall operate on a 

highway within California unless such tractor is a U.S. EPA Certified 

SmartWay Tractor. 

(2) Beginning January 1, 2010, no 2011 or subsequent model year HD tractor, 

including but not limited to sleeper-cab HD tractors, pulling a 53-foot or 

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

such tractor’s tires are U.S. EPA ApprovedVerified SmartWay Technologies. 
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(3) Beginning January 1, 2012, no 2010 or previous model year HD tractor, 

regardless of model year, 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 ApprovedVerified SmartWay Technologies. 

(b) Trailer Requirements 

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

Beginning January 1, 2010, no 2011 or subsequent model-year 53-foot or 

longer dry-van trailer shall travel on a highway within California unless such 

trailer is either: 

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

 

(B) equipped with one of the following two combinations of tires and 

aerodynamic technologies, installed in accordance with manufacturer’s 

instructions: 

1. tires that are U.S. EPA ApprovedVerified SmartWay 

Technologies, and trailer side skirts that are U.S. EPA 

ApprovedVerified SmartWay Technologies, and either a front 

trailer fairing that is a U.S. EPA Approved Verified SmartWay 

Technology or a rear trailer fairing that is a U.S. EPA 

ApprovedVerified SmartWay Technology for dry-van trailers ; or 

 

2. tires that are U.S. EPA ApprovedVerified SmartWay 

Technologies, and any combination of dry-van trailer aerodynamic 

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. 

 

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

Beginning January 1, 2010, no 2011 or subsequent model year 53-foot or 

longer refrigerated-van trailer shall travel on a highway within California 

unless such trailer is either: 

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

 

(B) equipped with one of the following two combinations of tires and 

aerodynamic technologies, installed in accordance with manufacturer’s 

instructions: 
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1. tires that are U.S. EPA ApprovedVerified SmartWay 

Technologies, and trailer side skirts that are U.S. EPA 

ApprovedVerified SmartWay Technologies for dry-van trailers, or 

 

2. tires that are U.S. EPA ApprovedVerified SmartWay 

Technologies, and any combination of dry-van trailer aerodynamic 

technologies that has been demonstrated to the U.S. EPA to meet 

or exceed a 4 percent fuel savings in accordance with the 

requirements defined by the U.S. EPA SmartWay Partnership 

Program. 

(3) 2010 or Previous Model Year Dry-Van and Refrigerated-Van Trailer 

Requirements 

(A) AIn accordance with the compliance deadlines defined in subsection 

(b)(3)(B), a 2010 or previous model year 53-foot or longer box-type 

trailer may not travel on a highway within California 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). These 

requirements must be met by January 1, 2013, or:

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

longer box-type trailer must meet the requirements defined in 

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

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

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

compliance dates in section 95307, Optional Trailer Fleet 

Compliance Schedules, if such trailer is included in the fleet of 

trailers participating in, and remains eligible to participate in an 

optional trailer fleet compliance schedule.

2. For a refrigerated-van trailer that is a model year 2003 through 

2008 trailer equipped with 2003 or subsequent model year TRU: 

either by 

a. December 31, 2017 for a 2003 or 2004 model year trailer; or

b. December 31, 2018 for a 2005 or 2006 model year trailer; or

c. December 31, 2019 for a 2007 or 2008 model year trailer; or

d. 1. by the applicable compliance dates in section 95307, 

Optional Trailer Fleet Compliance ScheduleSchedules, if such 

trailer is included in the fleet of trailers participating in the 

Optional Trailer Fleet Compliance Schedule; or, and remains 

eligible to participate in, an optional trailer fleet compliance 

schedule.
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2. by the applicable compliance dates in section 95308, Refrigerated 

Fleet Compliance Provision, if such trailer is included in the fleet 

of refrigerated-van trailers participating in the Refrigerated Fleet 

Compliance Provision 

(c) Requirements for Drivers 

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

trailer on a highway in California unless both the tractor and the trailer 

(A) comply with the applicable requirements and compliance deadlines 

defined in subsections (a) and (b), and 

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

(2) A driver must, upon demand, provide the following information if available to 

authorized enforcement personnel identified in section 95309: 

(A) driver’s license; 

(B) vehicle odometer reading, if applicable; 

(C) tractor registration; 

(D) trailer registration; 

(E) origin of freight being transported; 

(F) destination of freight being transported; 

(G) if dispatched by a motor carrier, the motor carrier information set forth 

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

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

(f)(1)(B); 

 

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

trailer on a highway in California if 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 use or authorize the use of a HD tractor to 

pull a 53-foot or longer box-type trailer on a highway in California unless 

both the HD tractor and the box-type trailer: 
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(A) comply with the applicable requirements and compliance deadlines set 

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

 

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

(e) Requirements for Owners of Box-Type Trailers

(1) An owner of a 53-foot or longer box-type trailer must ensure that the 53-foot 

or longer box-type trailer will not be pulled by a HD tractor on a highway in 

California unless the 53-foot or longer box-type trailer: 

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

subsection (b); 

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

(2) An owner of one or more 2010 or previous model year 53-foot or longer 

box-type trailers that are subject to the requirements of subsection (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. 

(3) An owner of one or more 2010 or previous model year 53-foot or longer 

box-type trailers that are subject to the requirements of subsection (b)(3) 

may elect to follow the refrigerated-van trailer provision, if applicable. 

Owners that follow the refrigerated-van trailer compliance schedule must 

meet the requirements of section 95308, Refrigerated Fleet Compliance 

Provision.

(f) Requirements for California-based Brokers

(1) A California-based broker must: 

(A) only dispatch HD tractors and 53-foot or longer box-type trailers that 

comply with the operating requirements and compliance deadlines set 

forth in subsections (a) and (b); 

(B) provide the following information to the dispatchdispatched driver : 

1. broker’s business name 

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

3. broker contact person’s name 
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4. broker contact person’s business phone number 

 

(g) Requirements for Motor Carriers 

(1) A motor carrier must: 

(A) only dispatch HD tractors and 53-foot or longer box-type trailers that 

comply with the operating requirements and compliance deadlines set 

forth in subsections (a) and (b); 

(B) provide the following information to the dispatchdispatched driver : 

1. motor carrier’s business name 

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

3. motor carrier contact person’s name 

4. motor carrier contact person’s business phone number 

 

(h) Requirements for California-Basedbased Shippers 

(A) A California-based shipper must not ship freight in a 53-foot or longer 

box-type trailer pulled by a HD tractor on a California highway unless the 

HD tractor and the 53-foot or longer box-type trailer comply with the 

operating requirements and compliance deadlines set forth in 

subsections (a) and (b). 

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

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

and Safety Code. 

95304 Good Operating Condition Requirements. 

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

Aerodynamic Technologies. 

(1) An aerodynamic mirror, a cab side extender, a fuel tank fairing, and an 

integrated sleeper cab roof fairing on a U.S. EPA Certified SmartWay 

Tractor must meet the following criteria: 

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

specifications. 
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(B) Each must be securely fastened to the tractor. 

(C) Each must not be used if it is damaged to such an extent as to 

compromise its aerodynamic effectiveness. 

(b) Good Operating Condition Criteria for U.S. EPA Certified SmartWay Trailer 

Aerodynamic Technologies 

(1) Aerodynamic technologies installed on a box-type trailer must meet the 

following criteria: 

(A) The aerodynamic technologies must be installed in accordance with 

the manufacturer’s specifications. 

(B) The aerodynamic technologies must be securely fastened to the trailer. 

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

sections. 

(D) The aerodynamic technologies must not be used if damaged to such 

an extent as to compromise their aerodynamic effectiveness. 

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

folded back against the trailer sides or otherwise be readily compacted 

to allow normal functioning of doors. 

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

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

and Safety Code. 

95305 Exemptions. 

(a) A short-haulHD tractor may, pursuant to section 95306, Short-Haul Tractor and 

Short-Haul Trailer Exemption Requirements, be exempted from the requirements 

of section 95303 (a)(1), provided it either: 

(1) Travels no more than 50,000 miles per year; or 

(2) Operates only within a 100-mile radius of its local haul base. 

 

(b) A HD tractor may, pursuant to section 95306, Short-Haul Tractor and Short-Haul 

Trailer Exemption Requirements, be exempted from the requirements of sections 

95303 (a)(2) and 95303 (a)(3) provided it travels no more than 50,000 miles per 

year.
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(c) A custom extended sleeper cab tractor is exempt from the requirements set forth 

in section 95303(a)(1). 

(b) A short-haul(d) A 53-foot or longer box-type trailer may, pursuant to section 

95306, Short-Haul Tractor and Short-Haul Trailer Exemption Requirements, be 

exempted from the requirements of section 95303(b), provided it operates only 

within a 100 mile radius of its local haul base. 

(c) (e) A 53-foot or longer box-type trailer pulled by a short-haul tractor that has been 

exemptedis exempt pursuant to section 95306, Short-Haul Tractor and ShortHaul Trailer Exemption Requirements, is itself exempt from the requirements of 

95303(b) while it is being pulled by the registered short-haul tractor. 

(d) (f) A drayage tractor pulling a 53-foot or longer box-type trailer within 100 miles of 

the port or intermodal rail yard property of origin or destination and the trailer it 

pulls are exempt from sections 95303(a) and (b). 

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 Short-Haul Trailer Exemption Requirements 

(a) Application Requirements: TheTo obtain a short-haul exemption as provided in 

sections 95305 (a), (b), and (d), the owner of an HD tractor or the owner of a 53-

foot or longer box-type trailer that wishes to obtain a short-haul exemption as 

provided in section 95305(a) or (b) must submit to the Executive Officer the 

information identified in subsections (b) through (g). Applications will be 

reviewed by the Executive Officer as received. The Executive Officer may 

request additional information, or clarification of submitted information, during 

review of the application. Applicants will be notified of the status of their 

applications by letter from the Executive Officer no later than 30 days after 

receipt of their application. If approved, the exemption status will be effective 

upon the date of the approval letter. If denied, the reasons for denial will be 

identified, and the applicant can resubmit an amended application. 

(b) Owner Contact Information: 

(1) Short-haul tractor owner’s name (if applicable) 

(2) Short-haul trailer owner’s name (if applicable)

(3) Name of owner’s company (if applicable) 
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(4) Corporate parent (if applicable) 

(5) Motor carrier identification number 

(6) IRP registration number (if applicable) 

(7) Street address of owner or owner’s company 

(8) Telephone number of owner or owner’s company 

(9) Email address of owner or owner’s company (if available) 

(10) Company taxpayer identification number (if applicable) 

(c) Local Haul Base Information: 

(1) Local haul base contact’s name 

(2) Contact’s title 

(3) Street address of local haul base 

(4) Telephone number of local haul base 

 

(d) Tractor Information. For each tractor to be exempted, the following information: 

(1) Type of exemption applied for: 

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

 

(B) Limit total area of operation to within a 100 mile radius from its local 

base. 

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

(3) Tractor make 

(4) Tractor model 

(5) Tractor model year 

(6) State of registration 

(7) License plate number 

(8) Odometer reading (if annual miles traveled is to be limited) 
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(e) Trailer Information. For each trailer to be exempted, the following information: 

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

(2) Trailer identification number 

(3) Trailer make 

(4) Trailer model 

(5) Trailer model year 

(6) State of registration 

(7) License plate number 

(f) For trailers and for all tractors limited in operation to a 100-mile radius from their 

local haul base, a street map of the geographic area where tractors will be 

operating and the location (address) of the local haul base(s). 

(g) A letter signed and dated by the owner with the information required by 

subsections (b) through (f) and one of the following statements at the end of the 

application, above the applicant’s signature and date: 

(1) For all trailers and for truckstractors limited in operation to a 100-mile radius 

from their local haul base: 

“I agree to strictly limit all use of this [or these] tractor[s] [or 

trailer[s]] to the area within a 100-mile radius of the local haul base 

identified in this application if the exemption is approved by the Air 

Resources Board Executive Officersubmittal. I understand that if 

the exemption is approved, operation of the equipment outside this 

area will be a violation of sections 95300-95312,95311, title 17, 

California Code of Regulations, and know that I must submit an 

application for any extension of the exemption no more than 11 

months after the date of the letter approving the exemption. I 

declare under penalty of perjury that the information provided in this 

application is true, accurate and complete.” 

(2) For trucks tractors that will be used no more than 50,000 miles per year: 

“I agree to limit use of this [or these] tractor[s] to 50,000 or fewer 

miles per year if the exemption is approved by the Air Resources 

Board Executive Officer. I understand that if the exemption is 

approved, operation of the equipment more than 50,000 miles will 
A-18 

be a violation of sections 95300-95312,95311, title 17, California 

Code of Regulations, and know that I must submit an application for 

any extension of the exemption no more than 11 months after the 

date of the letter approving the exemption. I declare under penalty 

of perjury that the information provided in this application is true, 

accurate and complete.” 

(h) An exemption approvedFor owners of trailers or tractors limited in operation to a 

100-mile radius from their local haul base an exemption provided under this 

section will be in effect as long as the exempted trailers and tractors are in 

compliance with the short-haul exemption criteria. Owners are required to notify 

the Executive Officer if the information submitted in accordance with subsections 

(b) through (f) has changed, and to submit the updated information to the 

Executive Officer. 

(i) For owners of tractors limited in operation to 50,000 miles per year, an exemption 

provided under this section will be in effect for a period of one year from the date 

of the approval letter. To extend the exemption, an applicant must reapply for 

the extensionowners must submit the current odometer readings for each exempt 

tractor at least one month prior to the expiration date of the exemption. 

(ij) The driver of an exempt short-haul HD tractor, or a HD tractor pulling an exempt 

short-haul trailer must, upon demand, provide the following information to 

authorized enforcement personnel identified in section 9530995308: 

(1) Driver’s license 

(2) Odometer reading of tractor 

(3) Tractor registration 

(4) Origin of freight being transported 

(5) Destination of freight being transported 

(6) If dispatched by motor carrier, motor carrier information defined in section 

95303(g)(1)(B). 

(7) If dispatched by broker, broker information defined in section 95303(f)(1)(B). 

(8) Trailer identification number

(k) 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.
A-19 

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. 

95307 Optional Trailer Fleet Compliance Schedules. 

In lieu of meeting the January 1, 2013 compliance deadline set forthAs 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 below. 

For the purposes of the optional trailer fleet compliance schedules in this section, 

bringing a trailer into “compliance” means retrofitting such trailer with the necessary 

tires and aerodynamic technologies to meet the applicable trailer requirements in 

sections 95303(b)(1) and 95303(b)(2) or retiring such trailer from California long-haul

service. In addition, a “trailer” means a 53-foot or longer box-type trailer, and a 

“nonconformingconforming trailer” means a trailer that is noteither U.S. EPA 

SmartWay Certified nor is it yetor equipped with the necessary technologies specified

in sections 95303(b)(1)(B) or 95303(b)(2)(B), as applicable. 

The two compliance schedules available are the large fleet compliance schedule for 

fleets of 21 or more trailers and the small fleet compliance schedule for fleets of 20 or 

fewer trailers. Fleets with 21 or more total trailers may not participate in the small fleet 

compliance schedule. However, fleets with 20 or fewer total trailers may participate in 

either the large fleet or small fleet compliance schedule. 

To determine fleet size, a trailer owner must account for all 53-foot or longer box-type 

trailers (both dry-van and refrigerated-van trailers) within the fleet. A trailer owner 

must list all these trailers on the trailer fleet list, as defined in subsection (c)(2) to be 

eligible to participate in an optional trailer fleet compliance schedule. The trailer fleet 

list must be submitted within the compliance plan, as defined in subsection (a)(2) or 

(b)(2), as applicable, by the due date specified in the applicable compliance schedule. 

Only trailers listed on the trailer fleet list are eligible to be brought into compliance in 

accordance with an applicable compliance schedule. Except as provided in 

subsection (a)(3), a compliance plan revision may only be made with the approval of 

the Executive Officer when the Executive Officer determines that a company merger, 

acquisition, or split, or other changed circumstances affecting operations of the owner, 

necessitate revisions in the compliance plan. Executive Officer approval will not be 

granted to allow a new business to participate in a compliance schedule after the 

submission due date for the applicable compliance plan has passed. 

Refrigerated-van trailers not brought into compliance in accordance with the 

refrigerated fleet compliance provision set forth in section 95308 may either be 

brought into compliance in accordance with an applicable large fleet or small fleet 

compliance schedule or before the January 1, 2013 compliance deadline. 
A-20 

Although a fleet’s participation in an optional trailer fleet compliance schedule does not 

require the Executive Officer’s specific approval, the Executive Officer may terminate 

a fleet’s participation in a compliance schedule if the fleet, or any tractor or trailer 

within the fleet, is found in violation of this regulation. Should the Executive Officer 

terminate a fleet’s participation in a compliance schedule, the owner must bring all 

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

but in no case later than December 31 of the final compliance year of the applicable 

compliance schedule. 

The Executive Officer may make information provided pursuant to an optional trailer 

fleet compliance schedule available to the public for the purpose of helping determine 

the compliance status of a trailer. 

(a) Large Fleet Compliance Schedule 

(1) Minimum fleet compliance thresholds: A trailer owner participating in the 

large fleet compliance schedule must ensure that the percentage of 

compliant trailers on the compliance base list, as defined in subsection 

(c)(3), is equal to or greater than: 

(A) 5 percent by December 31, 2010, 

(B) 15 percent by December 31, 2011, 

(C) 30 percent by December 31, 2012, 

(D) 50 percent by December 31, 2013, 

(E) 75 percent by December 31, 2014, and 

(F) 100 percent by December 31, 2015. 

Table 1: Minimum Fleet Compliance Thresholds 

for the 

Large Fleet Compliance Schedule 

Compliance Year (Y) Minimum Fleet Compliance Threshold (PY) 

2010 5% 

2011 15% 

2012 30% 

2013 50% 

2014 75% 

2015 100% 

(2) Large fleet compliance plan: To participate in the large fleet compliance 

schedule, a trailer owner must provide the following information to the 
A-21 

Executive Officer, in a document entitled “Large Fleet Compliance Plan,” by 

July 1, 2010. This document must include the following: 

(A) Statement of intent, in accordance with subsection (c)(1). 

(B) Trailer fleet list, in accordance with subsection (c)(2). 

(C) Copy of registration for each trailer listed on the trailer fleet list. 

(D) Large fleet compliance base number, calculated in accordance with 

subsection (d)(1). 

(E) Compliance base list, in accordance with subsection (c)(3). 

(F) Annual compliance number for each compliance year, calculated in 

accordance with subsection (d)(5). 

(G) Annual compliance commitment list for each compliance year, in 

accordance with subsection (c)(4). 

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

to delay trailer retrofits and retirements in accordance with subsection 

(a)(4) , Early compliance option, such owner must submit the following 

trailer information within the compliance plan: 

1. Early compliance trailer number: The number of trailers that are in 

complianceconformance by December 31, 2009 and are used to 

delay the retrofit or retirement of delayed compliance trailers, as 

defined in subsection (a)(4). 

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

early compliance option must identify on the trailer fleet list all 

early compliance trailers. 

3. Evidentiary documentation for early compliance trailers: In order 

for the Executive Officer to recognize early compliance trailers, a 

trailer owner must submit proper evidentiary documentation, such 

as purchase receipts, demonstrating that, by December 31, 2009, 

such trailers were already in complianceconformance. In lieu of 

purchase receipts, other documentation may also be acceptable 

as determined by the Executive Officer. 

4. Delayed compliance trailer number, calculated in accordance with 

subsection (d)(3). 
A-22 

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

early compliance option must identify on the trailer fleet list all 

delayed compliance trailers. 

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

revisions to retrofit and retirement commitments scheduled for compliance 

years four, five, and six, by submitting a document titled, “Large Fleet 

Compliance Plan Revision,” by July 1, 2013. By submitting this document, a 

trailer owner may re-designate trailer retrofit and retirement commitments 

within compliance years four, five, and six, so long as the number of trailers 

that are brought into compliance each compliance year does not change. 

(4) Early compliance option: Under the early compliance option, a trailer owner 

may delay the retrofit or retirement of 1.5 nonconforming trailers until 2016 

for every one trailer that is in compliance by December 31, 2009. For the 

purposes of the early compliance option, an “early compliance trailer” 

means a trailer that is in complianceconformance by December 31, 2009 

and for which the fleet receives credit towards delaying the retrofit or 

retirement of other trailers until 2016. In addition, a “delayed compliance 

trailer” means a trailer for which compliance will be delayed until 2016. 

(A) Maximum allowable delayed compliance trailers: A trailer owner 

participating in the early compliance option may not delay the 

compliance of more trailers than the equivalent of 30 percent of the 

sum of all trailers within the compliance base and the total number of 

early compliance trailers. For verification purposes, the maximum 

allowable delayed compliance trailer number may be calculated in 

accordance with subsection (d)(4). 

(B) A trailer owner must bring all delayed compliance trailers into 

compliance by December 31, 2016. 

(C) Early compliance option report: To participate in the early compliance 

option, a trailer owner must submit all information required by 

subsection (a)(2)(H), Early compliance option report, by July 1, 2010, 

in the large fleet compliance plan. 

(b) Small fleet compliance schedule 

(1) Minimum fleet compliance thresholds: A trailer owner participating in the 

small fleet compliance schedule must ensure that the percentage of 

compliant trailers on the compliance base list, as defined in subsection 

(c)(3), is equal to or greater than: 

(A) 25 percent by December 31, 2013, 
A-23 

(B) 50 percent by December 31, 2014, 

(C) 75 percent by December 31, 2015, and 

(D) 100 percent by December 31, 2016. 

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

Compliance Year (Y) Minimum Fleet Compliance Threshold (PY) 

2013 25% 

2014 50% 

2015 75% 

2016 100% 

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

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

Executive Officer, in a document entitled “Small Fleet Compliance Plan,” by 

July 1, 2012. This document must include the following: 

(A) Statement of intent, in accordance with subsection (c)(1). 

(B) Trailer fleet list, in accordance with subsection (c)(2). 

(C) Copy of registration for each trailer listed on the trailer fleet list. 

(D) Small fleet compliance base number, calculated in accordance with 

subsection (d)(2). 

(E) Compliance base list, in accordance with subsection (c)(3) 

(F) Annual compliance number for each compliance year, calculated in 

accordance with subsection (d)(5). 

(G) Annual compliance commitment list for each compliance year, in 

accordance with (c)(4). 

(c) General Compliance Plan Components 

(1) Statement of intent: The statement of intent must be provided to the 

Executive Officer by the due date specified in the applicable compliance 

schedule. The statement of intent must include the following: 

(A) A statement indicating that the trailer owner elects to participate in an 

optional trailer fleet compliance schedule. 
A-24 

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

owner elects to participate. 

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

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

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

(D) A statement affirming that, except for exempted trailers and 

refrigerated trailers to be brought into compliance in accordance with 

the refrigerated fleet compliance provision,section 95303(b)(3)(B)2.,

the trailer owner will bring all nonconforming trailers into compliance in 

accordance with the applicable compliance schedule.

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

participation in an applicable compliance schedule may be terminated 

by the Executive Officer should any vehicles be found in violation of 

this regulation. 

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

participation in a compliance schedule is terminated by the Executive 

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

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

December 31 of the final compliance year of the applicable 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 may not operate a nonconforming trailer on a 

California highway after December 31, 2012, except for refrigeratedvan trailers that will be brought into compliance in accordance with the 

refrigerated fleet compliance provision.section 95303(b)(3)(B)2.

(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. 

(I) A signature of the trailer owner or a corporate 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 must be provided to the Executive 

Officer by the due date specified in the applicable compliance schedule. 

Except upon specific Executive Officer approval, the trailer owner may not 
A-25 

change the number or identity of trailers included on the trailer fleet list once 

the submission due date for the applicable compliance plan has passed. 

The trailer fleet list must include the following: 

(A) Owner’s name 

(B) Name of company or agency 

(C) Corporate parent (if applicable) 

(D) Physical address 

(E) Mailing address 

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

compliance schedule will be maintained 

(G) Name of contact person 

(H) Telephone number 

(I) Email address (if available) 

(J) Company taxpayer identification number 

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

trailers that operate in California, including compliant, nonconforming, 

and exempted trailers. 

For each trailer listed, provide the following: 

1. Trailer type (dry van or refrigerated van) 

2. Trailer make 

3. Trailer model 

4. Trailer model year 

5. License plate number 

6. State of registration 

7. Compliance status (compliant, nonconforming, or exempted) 
A-26 

For each refrigerated-van trailer listed, also provide the following: 

8. Transport refrigeration unit make 

9. Transport refrigeration unit model 

10. Transport refrigeration unit model year 

11. Transport refrigeration unit serial number 

12. Transport refrigeration unit engine make 

13. Transport refrigeration unit engine model 

14. Transport refrigeration unit engine model year 

15. Transport refrigeration unit engine serial number 

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

nonconforming trailers identified in the trailer fleet list, in accordance with 

subsection (c)(2)(K), that will be brought into compliance in accordance with 

the applicable compliance schedule. The compliance base list shall not 

include the following trailers: 

(A) Exempted trailers 

(B) Refrigerated-van trailers to be brought into compliance in accordance 

with the refrigerated fleet compliance provision 

(C) Early compliance trailers used to delay the retrofits and retirements of 

delayed compliance trailers, if applicable 

(D) Delayed compliance trailers, if applicable 

Trailers that are in complianceconformance by December 31, 2009 and not 

used to delay the retrofit or retirement of delayed compliance trailers may 

also be included on the compliance base list and used to meet minimum 

fleet compliance thresholds. 

(4) Annual compliance commitment list: The compliance commitment list is the 

subset of trailers within the compliance base list that the owner commits to 

bring into compliance by December 31 of that compliance year. For each 

year’s annual compliance commitment list, the trailer owner must list a 

sufficient number of trailers to meet or exceed the annual compliance 

number for that same year. On the annual compliance commitment list, the 

trailer owner must list all trailers by their license plate number and state of 
A-27 

registration, or by another method acceptable to the Executive Officer, 

which also allows for the identification of these trailers on the owner’s trailer 

fleet list. 

(d) Calculation Methodology 

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

 

NB = NT – N2016 – NE – NR – NX (Equation 1) 

“NB” = Large fleet base number 

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

“N2016” = Delayed compliance trailer number, as determined in 

accordance with (d)(3), if applicable 

“NE” = Number of early compliance trailers, if applicable 

“NR” = Number of nonconforming refrigerated-van trailers that will 

be brought into compliance in accordance with the refrigerated 

fleet compliance provision set forthdates specified in section 

95308,95303 (b)(3)(B)2.a through (b)(3)(B)2.c, if applicable 

“NX” = Number of trailers with a compliance status of “exempted” 

on the trailer fleet list, if applicable 

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

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

compliance in accordance with the small fleet compliance schedule. 

NB = NT – NR – NX (Equation 2) 

“NB” = Small fleet base number 

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

“NR” = Number of nonconforming refrigerated trailers that will be 

brought into compliance in accordance with the refrigerated fleet 

compliance provision set forthdates specified in section 

95308,95303 (b)(3)(B)2.a through (b)(3)(B)2.c, if applicable 

“NX” = Number of trailers with a compliance status of “exempted” 

on the trailer fleet list, if applicable 
A-28 

(3) Delayed compliance trailer number: The delayed compliance trailer number 

is the number of trailers for which compliance may be delayed until 2016, 

pursuant to subsection (a)(4), Early Compliance Option. 

N2016 = NE x 1.5 (Equation 4) 

“N2016” = Delayed compliance trailer number, if applicable. If N2016

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

“NE” = Number of early compliance trailers 

(4) Maximum allowable delayed compliance trailer number: The resultant 

number must be rounded down to the nearest whole trailer 

N2016, max = (NB + NE) x 0.30 (Equation 3) 

“N2016, max” = Maximum allowable delayed compliance trailer 

number. If N2016, max is not a whole number, round down to the 

next whole number. 

“NB” = Large fleet base number, as determined in accordance 

with subsection (d)(1) 

 

“NE” = Number of early compliance trailers 

(5) Annual compliance number: The annual compliance number is the number 

of trailers that a trailer owner must bring into compliance by December 31 of 

a particular year to ensure that the percentage of compliant trailers within 

the compliance base meets or exceeds the minimum fleet compliance 

threshold for that year. 

NY = (NB x PY/100) – NC, Y-1 (Equation 5) 

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

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

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

less than 0.5. 

“NB” = Large fleet or small fleet base number, as determined in 

accordance with subsection (d)(1) for large fleets or (d)(2) for 

small fleets 

“PY” = Minimum fleet compliance threshold for compliance year Y, 

as defined in subsection (a)(1) for large fleets and (b)(1) for small 

fleets 
A-29 

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

would already be in compliance prior to January 1 of compliance 

year Y. This number does not include early compliance trailers 

for which a fleet has received credit towards delaying the 

compliance of other trailers, pursuant to subsection (a)(4), Early 

Compliance Option.

(e) General requirements for all compliance schedules: To participate in an 

applicable trailer fleet compliance schedule, a trailer owner must comply 

with the following requirements. 

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

compliance year, the percentage of compliant trailers within the 

owner’s compliance base is equal to or greater than the applicable 

minimum fleet compliance threshold for that compliance year. 

(2) The trailer owner must ensure that the number of trailers listed on each 

compliance year’s annual compliance commitment list is equal to or 

greater than the applicable annual compliance number for that 

compliance year. 

(3) The trailer owner must bring into compliance all trailers listed in each 

compliance year’s annual compliance commitment list by December 31 

of that compliance year. 

(4) The trailer owner must allow ARB representatives, or any other 

authorized enforcement personnel, to conduct periodic audits of 

records and equipment to verify compliance with an applicable 

compliance schedule, the owner’s compliance plan, and other 

applicable air quality regulations. 

(5) Should the Executive Officer terminate the trailer owner’s participation 

in a trailer feet compliance schedule, such trailer owner must bring all 

trailers into compliance within 90 days of such termination or by 

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

of the final compliance year of the applicable compliance schedule. 

(6) After December 31, 2012, except for eligible refrigerated-van trailers 

that the trailer owner elects to bring into compliance in accordance with 

the refrigerated fleet compliance provisionsection 95303(b)(3)(B)2. and 

exempted trailers, the trailer owner may not allow the operation of a 

nonconforming trailer on a California highway if such owner withdraws 

participation from an applicable trailer fleet compliance schedule. 
A-30 

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

documentation and information required by an applicable trailer fleet 

compliance schedule by the due date specified in such compliance 

schedule. 

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

provided to the Executive Officer is accurate and true. 

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

documentation arrives at ARB by applicable due dates. The Executive 

Officer will not be responsible for materials lost in transit. 

(10) If participating in the large fleet compliance schedule, 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) The trailer owner must maintain all documentation pertaining to an 

applicable compliance schedule at the location indicated on the trailer 

fleet list. 

(12) Upon the request of an ARB representative or other authorized 

enforcement personnel, the trailer owner must provide all information 

and documentation necessary to verify compliance with the applicable 

compliance schedule, such owner’s compliance plan, and any other air 

quality regulation. 

(13) A trailer owner may not allow a nonconforming trailer that will be 

brought into compliance in accordance with an applicable trailer fleet 

compliance schedule to operate on a California highway after 

December 31, 2012 unless such trailer is listed on the owner’s trailer 

fleet list and the owner remains eligible to participate in the trailer fleet 

compliance schedule. 

(14) A trailer owner who is participating, or has participated, in a trailer fleet 

compliance schedule may not allow a nonconforming trailer that will be 

brought into compliance in accordance with the refrigerated fleet 

compliance provisionsection 95303(b)(3)(B)2. to operate on a 

California highway after December 31, 2012 unless such trailer is listed 

on such owner’s trailer fleet list. 

(15) The trailer owner may not allow the operation of a nonconforming 

trailer on a California Highway after December 31 of the compliance 

year in which the trailer was identified on the annual compliance 

commitment list. 
A-31 

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

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

and Safety Code. 

95308 Refrigerated Fleet Compliance Provision Enforcement.

A trailer owner may bring 2003 through 2008 model-year 53-foot or longer 

refrigerated-van trailers equipped with 2003 and subsequent model-year TRUs into 

compliance in accordance with the refrigerated fleet compliance provision in lieu of

meeting the January 1, 2013 compliance deadline set forth in section 95303(b)(3) or 

bringing such trailers into compliance in accordance with an applicable trailer fleet 

compliance schedule. 

For the purposes of this subsection, bringing a trailer into “compliance” means 

retrofitting such trailer with the necessary technologies to meet the trailer requirements 

set forth in section 95303(b)(2) of this article or retiring such trailer from California 

service. In addition, a “trailer” means a 53-foot or longer box-type trailer, and a 

“nonconforming trailer” means a trailer that is not U.S. EPA SmartWay Certified nor is 

it yet equipped with the necessary technologies specified in section 95303(b)(2)(B). 

If also participating in an optional trailer fleet compliance schedule, a trailer owner may 

only bring a refrigerated-van trailer into compliance in accordance with this provision if 

such trailer is included on the trailer fleet list, as submitted in the applicable 

compliance plan. 

A nonconforming refrigerated-van trailer may not operate on a California Highway

after December 31, 2012 unless such trailer is being brought into compliance under an 

applicable trailer fleet compliance schedule or has been reported in accordance with 

the refrigerated fleet compliance provision and is eligible to be brought into 

compliance in accordance with the refrigerated fleet compliance provision.

The Executive Officer may make information provided pursuant to the refrigerated 

fleet compliance provision available to the public for the purpose of helping determine 

the compliance status of a trailer.

(a) Refrigerated trailer compliance deadlines: A trailer owner electing to bring 

refrigerated-van trailers into compliance in accordance with the refrigerated fleet 

compliance provision must:

(1) Bring all 2003 and 2004 model year 53-foot or longer refrigerated-van 

trailers into compliance by December 31, 2017. A trailer owner subjected to 

this provision may not operate a nonconforming 2003 or 2004 model year 

refrigerated-van trailer on a California highway after December 31, 2017.
A-32 

(2) Bring all 2005 and 2006 model year 53-foot or longer refrigerated-van 

trailers into compliance by December 31, 2018. A trailer owner subjected to 

this provision may not operate a nonconforming 2005 or 2006 model year 

refrigerated-van trailer on a California highway after December 31, 2018.

(3) Bring all 2007 and 2008 model year 53-foot or longer refrigerated-van 

trailers into compliance by December 31, 2019. A trailer owner subjected to 

this provision may not operate a nonconforming 2007 or 2008 model year 

refrigerated-van trailer on a California highway after December 31, 2019.

 

Table 3: Refrigerated Fleet Compliance Deadlines

Compliance Deadlines Affected Trailer Model Years 

December 31, 2017 2003, 2004

December 31, 2018 2005, 2006

December 31, 2019 2007, 2008

(b) Refrigerated fleet compliance report: To be eligible to bring trailers into 

compliance in accordance with the refrigerated fleet compliance provision, a 

trailer owner must provide the following information, in a document entitled 

“Refrigerated Fleet Compliance Report,” by July 1, 2012. This document must 

include:

(1) If participating in an optional trailer fleet compliance schedule, the applicable 

trailer fleet list, prepared in accordance with section 95307 (c)(2), including 

the identification of all trailers that the owner elects to bring into compliance 

in accordance with the refrigerated fleet compliance provision

(2) If not participating in an optional trailer fleet compliance schedule, a 

refrigerated trailer fleet list, which must include the following information:

(A) List of all trailers that the trailer owner will bring into compliance in 

accordance with the refrigerated fleet compliance provision.

(B) Owner’s name

(C) Name of company or agency

(D) Corporate parent (if applicable)

(E) Physical address

(F) Mailing address

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

compliance schedule will be maintained
A-33 

(H) Name of contact person

(I) Telephone number

(J) Email address (if available)

(K) Company taxpayer identification number

(L) For each trailer listed:

1. Trailer make

2. Trailer model

3. Trailer model year

4. License plate number

5. State of registration

6. Transport refrigeration unit make

7. Transport refrigeration unit model

8. Transport refrigeration unit model year

9. Transport refrigeration unit serial number

10. Transport refrigeration unit engine make

11. Transport refrigeration unit engine model

12. Transport refrigeration unit engine model year

13. Transport refrigeration unit engine serial number

(3) Copy of registration for all trailers that the owner will bring into compliance in 

accordance with the refrigerated fleet compliance provision.

(4) Statement of intent, which includes the following:

(A) A statement affirming that the owner elects to bring applicable trailers 

into compliance in accordance with the refrigerated fleet compliance 

schedule.
A-34 

(B) A statement affirming that all trailers that the trailer owner elects to 

bring into compliance in accordance with the refrigerated fleet 

compliance provision are 2003 through 2008 model year 53-foot or 

longer refrigerated-van trailers with 2003 and subsequent model year 

TRUs.

(C) A statement affirming that all affected trailers will be brought into 

compliance by the applicable compliance deadlines specified in 

subsection (a), Refrigerated trailer compliance deadlines.

(D) A signature of the trailer owner or a corporate official affirming that all 

information contained within the refrigerated fleet compliance report, 

including information contained within the statement of intent and the 

trailer fleet list, is true and correct.

(c) Other Requirements

(1) Only refrigerated-van trailers equipped with a functional TRU are eligible to 

be brought into compliance in accordance with the refrigerated fleet 

compliance provision.

(2) For applicable refrigerated fleets that begin service in California after 

December 31, 2012, the refrigerated fleet compliance report must be 

submitted to the Executive Officer prior to operating any nonconforming 

2003 through 2008 model-year 53-foot or longer refrigerated-van trailer 

equipped with 2003 and subsequent model-year TRUs on a California 

highway.

(3) If the trailer owner elects to begin participation in the refrigerated fleet 

compliance provision after December 31, 2016, such fleet must ensure that 

all trailers subjected to previous deadlines, as applicable, are in compliance.

(4) Notwithstanding any other requirements of the refrigerated fleet compliance 

provision, a trailer owner may not allow any nonconforming refrigerated-van 

trailer subjected to this regulation to operate on a California highway after 

December 31, 2019.

Enforcement of this subarticle may be carried out by representatives authorized by the 

Executive Officer, 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.

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. 
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95309 Enforcement.

Enforcement of this subarticle may be carried out by authorized representatives of the 

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.

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

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

and Safety Code.

95310 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 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 trailers are located or HD tractor and boxtype trailer records, including dispatch records, are kept. 

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

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

and Safety Code. 

9531195310 Penalties. 

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

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

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

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

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

in compliance. 

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

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

and Safety Code. 

9531295311 Severability. 

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

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

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