California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 3.5 - Heavy-Duty Diesel Smoke Emission Testing, and Heavy-Duty Vehicle Emission Control System Inspections › Section 2180.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The definitions
				of this section supplement and are governed by the definitions set forth in
				Chapter 2 (commencing with section
				39010), Part 1, Division 26 of the
				Health and Safety Code. The following definitions shall govern the provisions
				of this chapter.
(1) "Authorized dealer"
				means a group of independent service and repair facilities that are recognized
				by the motor vehicle or engine manufacturer as being capable of performing
				repairs to factory specifications; including warranty repair work.
(2) "CARB post-repair inspection" means a
				repeat emission control system inspection, conducted by the California Air
				Resources Board at a California Air Resources Board-specified site, for the
				purpose of clearing a Citation issued under section
				2185(a)(1)(C).
(3) "CARB post-repair test" means a repeat
				test, conducted by the California Air Resources Board at a California Air
				Resources Board-specified site, for the purpose of clearing a Citation issued
				under section
				2185(a)(1)(C).
(4) "Basic penalty" means the civil penalty
				of ($500) for a test procedure or emission control system inspection violation
				that is to be deposited in the Vehicle Inspection and Repair Fund.
(5) "Citation" means a legal notice issued by
				the California Air Resources Board to the owner of a heavy-duty vehicle
				requiring the owner to repair the vehicle, to submit a demonstration of
				correction, and to pay a civil penalty.
(6) "Day" means calendar day.
(7) "Defective" means a condition in which an
				emission control system or an emission control system component is
				malfunctioning due to age, wear, malmaintenance, improper installation, or
				design defects.
(8) "Demonstration
				of correction" means the documents identified in section
				2186.
(9) "Driver" has the same meaning as defined
				in California Vehicle Code section
				305.
(10) "Emission control label (ECL)" means the
				label required by the "California Motor Vehicle Emission Control Label
				Specifications", incorporated by reference in 13 CCR, section
				13 CCR,
				section 1965, or Title 40, Code of Federal
				Regulations (CFR), Part 86, Subpart A.
(11) "Emission control system" means the
				pollution control components on an engine at the time its engine family is
				certified, including, but not limited to, the emission control label.
(12) "Engine control module (ECM)" means the
				computer system responsible for providing fuel to the engine and controlling a
				vehicle's emissions.
(13) "Engine
				manufacturer diagnostic (EMD) system" means any system certified to meet the
				requirements of title 13, California Code of Regulations, section
				1971.
(14) "Executive Officer" means the Executive
				Officer of the California Air Resources Board or his or her designee.
(15) "Federal emission standards" means the
				emission standards adopted by the U.S. Environmental Protection Agency,
				pursuant to Title 42 United
				States Code, section
				7521(a), that are required
				to be met for the certification of heavy-duty vehicles or engines.
(16) "Fleet" means two (2) or more heavy-duty
				vehicles.
(17) "Heavy-duty
				commercial vehicle" means a "motor truck" designed, used, or maintained
				primarily for the transportation of property, as defined in section
				410 of the
				California Vehicle Code, and having a gross vehicle weight rating (GVWR)
				greater than 10,000 pounds.
(18)
				"Heavy-duty vehicle" means a motor vehicle having a manufacturer's maximum
				gross vehicle weight rating (GVWR) greater than 6,000 pounds, except passenger
				cars.
(19) "Implement of husbandry"
				is a vehicle used exclusively in the conduct of agricultural operations,
				including vehicles described in California Vehicle Code sections
				36000,
				36005, and
				36015.
(20) "Inspection procedure" means the test
				procedure specified in section
				2182 and the emission control
				system inspection specified in section
				2183.
(21) "Inspection site" means an area
				including a random roadside location, a weigh station, or a fleet facility used
				for conducting the heavy-duty vehicle test procedure, emission control system
				inspection, or both.
(22)
				"Inspector" means a California Air Resources Board employee with the duty of
				enforcing Health and Safety Code sections
				43701(a)
				and
				44011.6
				and title 13, CCR sections
				2180 through
				2194.
(23) "Interrogation" refers to a thorough
				examination of any and all relevant digital records for the purposes of the
				inspection.
(24) "Issuance" means
				the act of mailing or personally delivering a Citation or Notice of Violation
				to the owner.
(25) "Minimum
				penalty" means the ($300) penalty that is to be deposited in the Diesel
				Emission Reduction Fund pursuant to Health and Safety Code section
				44011.6(
l
).
(26) "Notice of Violation" means a legal
				notice issued to the owner of a heavy-duty vehicle powered by a diesel engine
				with a measured smoke opacity exceeding the applicable opacity standard,
				requiring the owner to repair the vehicle and submit a demonstration of
				correction.
(27) "Officer" means a
				uniformed member of the Department of the California Highway Patrol.
(28) On Board Diagnostics (OBD) means any
				system certified to meet the requirements of title 13, California Code of
				Regulations, sections
				1968.1,
				1968.2,
				1971.1, or future OBD requirements
				adopted by the California Air Resources Board.
(29) "Opacity" means the percentage of light
				obstructed from passage through an exhaust smoke plume.
(30) "Owner" means either (A) the person
				registered as the owner of a vehicle by the California Department of Motor
				Vehicles (DMV), or its equivalent in another state, province, or country; or
				(B) a person shown by the registered owner to be legally responsible for the
				vehicle's maintenance. The person identified as the owner on the registration
				document carried on the vehicle at the time a Citation is issued shall be
				deemed the owner unless that person demonstrates that another person is the
				owner of the vehicle.
(31)
				"Payment" means a financial transaction intended as a recompense or restitution
				by bank check, money order, electronic bank transfer or credit card.
(32) "Removal from service" means the towing
				and storage of a vehicle under California Vehicle Code section
				27159 and
				under the auspices of the Department of the California Highway
				Patrol.
(33) "Repair facility"
				means any place where heavy-duty vehicles are repaired, rebuilt, reconditioned,
				or in any way maintained for the public at a charge, and fleet maintenance
				facilities.
(34) "SAE J1667" means
				Society of Automotive Engineers (SAE) Recommended Practice SAE J1667
				"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered
				Vehicles," as issued February 1996 ("1996-02"), which is incorporated herein by
				reference.
(35) "Schoolbus" means
				the same as defined in California Vehicle Code section
				545.
(36) "Smokemeter" means a detection device
				used to measure the opacity of smoke in percent opacity.
(37) "Specialty farm vehicle" means a vehicle
				exempted from DMV registration under California Vehicle Code section
				36101 or
				36102.
(38) "Tampered" means missing, modified, or
				disconnected, or, as it applies to emission control labels, permanently
				obscured.
(39) "Test procedures,"
				for the purpose of chapter 3.5, means the test procedures set forth in SAE
				J1667.
(40) "Uncleared Citation"
				means a Citation for which demonstration of correction and, if required,
				payment of any civil penalty has not been made.
(41) "Verified Diesel Emissions Control
				Strategy (VDECS)" means a verified diesel emission control strategy or system
				that has received approval from the Executive Officer according to the
				"Verification Procedure for In-Use Strategies to Control Emissions from Diesel
				Engines" in title 13, California Code of Regulations, commencing with section
				2700. Level 2 VDECS means the
				strategy reduces engine diesel particulate matter emissions by between 50 and
				84 percent. Level 3 VDECS means the strategy reduces engine particulate matter
				emissions by 85 percent or greater, or reduces engine emissions to less than or
				equal to 0.01 grams diesel particulate matter per brake
				horsepower-hour.