California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 4 - Regulations to Achieve Greenhouse Gas Emission Reductions › Subarticle 1 - Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulation › Section 95302 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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) "
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 or
						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 transportation of shipments which it is authorized to transport and which
						it has accepted and legally bound itself to transport.
(4) "
Cab side extender
"
						means an 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
						transportation.
(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 conformance 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 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 to comply with the equipment
						requirements set forth in section
						95303(b), or
						remove the trailer from the owner's fleet.
(10) "
Conformance
" means
						meeting or exceeding the minimum fleet conformance thresholds defined in
						section 95307,
Optional Trailer
						Fleet Compliance Schedules
, Tables 1, 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
						compliance schedule.
(11)
						"
Curtain-side trailer
" means a trailer with tarp sides that
						can be loaded from the sides, top, or rear.
(12) "
Delayed compliance
						trailer
" means a trailer for which compliance may be delayed pursuant
						to section
						95307(b)(4).
(13) "
Dispatch
" means to
						coordinate delivery, pickup, and drop-off schedules of vehicles; and monitor
						the delivery of freight from these vehicles.
(14) "
Drayage tractor
" means
						any in-use on-road tractor with a gross vehicle weight rating of greater than
						26,000 pounds operating on or transgressing through port or intermodal railyard
						property for the purpose of loading, unloading or transporting
						freight.
(15)
						"
Driver
" means a person who physically operates a HD
						tractor.
(16) "
Drop-frame
						trailer
" means an enclosed rectangular trailer with a deck that is
						lower to the ground in the area between the trailer hitch and the trailer
						wheels, to create more cargo space.
(17) "
Dry-van trailer
" means
						an enclosed rectangular trailer that is not a refrigerated-van
						trailer.
(18) "
Early
						compliance trailer
" means a trailer that has been brought into
						compliance with the equipment requirements set forth in section
						95303(b)(3) as
						applicable, before January 1, 2010, and for which the owner receives credit, in
						accordance with the
early compliance option
set forth in
						section 95307(b)(4), that
						may be used to delay the compliance of delayed compliance trailers.
(19) "
Emergency vehicle
"
						means a vehicle as defined in California Vehicle Code section
						165.
(20) "
Empty trailer
" 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 trailer on the road, is considered
						an empty trailer.
(21)
						"
Fairing
" means a structure with smoothly contoured solid
						surfaces that reduces the wind resistance of the objects it covers.
(21.1) "
Federal Phase 2
						Regulation"
means the Greenhouse Gas Emission Standards and Fuel
						Efficiency Standards for Medium-and Heavy-Duty Engines and Vehicles-Phase 2, as
						adopted by the U.S. Environmental Protection Agency (81 Fed. Reg. 73478
						(October 25, 2016)).
(22)
						"
Fleet"
means one or more trailers owned by a person,
						business, or government agency. A fleet consists of the total number of long
						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.
(23)
						"
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.
(24) "
Freight"
means any
						item being transported for delivery in a long box-type trailer. Items that
						remain in the trailer after all freight is delivered are not considered
						freight. These include items that are used exclusively to secure items being
						transported in the trailer, protect items being transported in the trailer,
						load items being transported in the trailer, or repair the tractor or trailer.
						Items that are not considered freight could include moving blankets, straps,
						tool kits, and moving dollies.
(25)
						"
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.
(26) "
Good
						operating condition
" means the condition of a HD tractor or box-type
						trailer that meets the applicable standards in section
						95304,
Good Operating
						Condition Requirements
, for continued aerodynamic
						efficiency.
(27) "
Gross
						vehicle weight rating
" or "
GVWR
" means the "GVWR" as
						defined in California Vehicle Code section
						350.
(28) "
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).
(29)
						"
Highway
" means a "highway" as defined in California Vehicle
						Code section
						360.
(30) "
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.
(31)
						"
Intermodal railyard
" means any rail facility where trailers
						are transferred from drayage tractor to train or vice versa.
(32) "
Livestock trailer
"
						means a semitrailer designed to transport live animals.
(33) "
Local-haul base
" means
						the location where a local-haul tractor or local-haul trailer is garaged or
						from which it is routinely dispatched.
(34) "
Local-haul tractor
"
						means a HD tractor that travels exclusively within a 100-mile radius of its
						local-haul base.
(35)
						"
Local-haul trailer"
means a long box-type trailer that
						travels exclusively within a 100-mile radius of its local-haul base.
(35.1) "
Long box-type trailer (Long
						dry-van trailer and Long refrigerated-van trailer)"
means a box-type
						trailer that is greater than 50.0 feet in length.
(36) "
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.
(37) "
Military
						tactical support vehicle
" means a "Military Tactical Support Vehicle"
						as defined in title 13, California Code of Regulations (CCR), section
						title 13,
						California Code of Regulations (CCR), section
						1905.
(38) "
Motor carrier
" means a
						"Motor carrier" as defined in California Vehicle Code section
						408.
(39) "
Non-compliant Tractor
						Pass"
means a temporary permit issued by the Executive Officer in
						accordance with the requirements of section
						95305(h) that
						allows a HD tractor to pull a long box-type trailer on a highway within
						California without meeting the requirements of sections
						95303(a) and
						95305(b) for a
						defined time period not to exceed five consecutive days.
(40) "
Ocean-going vessel
"
						means a commercial, government, or military vessel meeting any one of the
						following criteria:
(A) A vessel greater than
						or equal to 400 feet in length overall (LOA) as defined in 50 Code of Federal
						Regulations (CFR) section
						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 sections
						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.
(41) "
Open-shoulder tire
"
						means a tire that is constructed such 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.
(42)
"Owner"
of a tractor or trailer means 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
						(presumed at the time of any citation to be the person or persons identified as
						the owner on the registration document or title carried on the vehicle), except
						in the following circumstances:
(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.
(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 lessee of the tractor is the owner
						for purposes of this subarticle if the lessor demonstrates that either the
						lessor provided the lessee with the following statement on a document separate
						from the lease agreement, or the lease agreement includes the following
						statement:
"The lessee of this heavy-duty tractor
						  understands that when using a heavy-duty tractor to pull a long box-type
						  trailer on a highway within California, the heavy-duty tractor must be
						  compliant with sections
						  95300-95312, title 17, California
						  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 Agency (U.S. EPA) 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 SmartWay Certified Tractor."
(C) for 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 (usually 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 lessee 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 California. This requirement may be
						satisfied if either the lessee is provided with the following statement on a
						document separate from the lease agreement, or 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 long box-type
						  trailer on a highway within California, the box-type trailer must be compliant
						  with sections
						  95300-95312, 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 technologies that are U.S.
						  Environmental Protection Agency SmartWay Verified Technologies prior to current
						  or future use in California."
2. The lessor demonstrates and informs the
						lessee that either:
a. the lease agreement
						does not prohibit the lessee from modifying the trailer to be compliant 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.
(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 the 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 agreement
						includes the following statement:
"
The lessee of this box-type trailer
						  understands that when using a heavy-duty tractor to pull a long box-type
						  trailer on a highway within California, the box-type trailer must be compliant
						  with sections
						  95300-95312, 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 technologies that are U.S.
						  Environmental Protection Agency SmartWay Verified Technologies prior to current
						  or future use in California.
"
(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.
(43)
						"
Person
" means an individual, corporation, business trust,
						estate, trust, partnership, limited liability company, association, joint
						venture, government, governmental subdivision, agency, instrumentality, public
						corporation, or any other legal or commercial entity.
(43.1) "
Phase 1 Certified
						Tractor
" means a tractor that has been certified in accordance with
						either the Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for
						Medium- and Heavy-Duty Engines and Vehicles, as adopted by the USEPA (76 Fed.
						Reg. 57106 (September 15, 2011)); or the Greenhouse Gas Emission Requirements
						for New 2014 and Subsequent Model Heavy-Duty Vehicles, as adopted by the
						California Air Resources Board, sections
						95660 to
						95664, Subarticle 12, title 17,
						California Code of Regulations.
(43.2)
"Phase 2 Certified
						Trailer"
means a trailer that has been certified by the U.S.
						Environmental Protection Agency to the CO2 emission
						standards specified in 40
						CFR 1037.107 as it existed on October 25,
						2016, which is incorporated by reference herein, or by the California Air
						Resources Board in accordance with the provisions of section
						95663(c), title
						17, California Code of Regulations.
(44) "
Port
" means the port
						property where marine and port terminals are typically located for the loading
						and unloading of water-borne commerce onto and from ocean-going vessels. Ports
						covered by this regulation include, but are not limited to, the Port of Long
						Beach, Port of Los Angeles, Port of Humboldt Bay, Port of San Diego, Port of
						Hueneme, Port of Oakland, Port of San Francisco, Port of Sacramento, Port of
						Stockton, Port of Redwood City, Port of Crockett, Port of Richmond, Port of
						Pittsburg, and the Port of Benicia.
(45) "
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.
(46) "
Refrigerated-van
						trailer
" means a rectangular trailer van that has a refrigeration or
						heating unit built into the front of the trailer to maintain precise
						temperatures and is designed to haul freight that requires climate control,
						such as frozen food, fresh produce, hot or warm food, and other perishable
						items.
(47) "
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.
(48)
						"
Register
" means to provide the Executive Officer with the
						information identified in sections
						95306(b) through
						(f) and sections
						95307(b)(3) and
						95307(c)(2), as
						required, by means of TRUCRS.
(49)
						"
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 new 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, without meeting all of the applicable requirements of section
						95303(b).
(50) "
Semitrailer
" means a
						"Semitrailer" as defined in section
						550 of the
						California Vehicle Code.
(51)
						"
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.
(52)
						"
Short-haul tractor
" means a HD tractor that travels less than
						50,000 miles per year, including all miles accrued both inside and outside of
						California.
(53)
						"
Sleeper-cab tractor
" means a HD tractor originally
						manufactured with a tractor body that has a compartment, typically containing a
						bed, located behind the driving compartment.
(54) "
Storage trailer
" means
						a trailer that is used for the storage of items at a fixed location.
(55) "
Storage trailer
						location
" means the street address where a registered storage trailer
						is used to store items.
(56)
						"
Tractor
" means a "Truck Tractor" as defined in section
						655 of the
						California Vehicle Code.
(57)
						"
Trailer
" means a semitrailer.
(58)
"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 to pull a non-compliant long box-type trailer on a highway
						within California without meeting all of the applicable requirements of section
						95303(b) for the
						purpose of delivering that trailer from its current location to the
						transferee's location.
(59)
						"
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
						refrigerated-van trailers. TRUs may be capable of both cooling and
						heating.
(60) "
TRUCRS
						(Truck Regulation Upload, Compliance, and Reporting System)
" is the
						on-line reporting tool for this subarticle.
(61) "
U.S. EPA SmartWay Certified
						Tractor
" means a tractor 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.
(62)
"U.S. EPA
						SmartWay Certified Trailer"
means a long 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.
(63) "
U.S. EPA
						SmartWay Transport 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 incentives for
						improving freight movement efficiency and the fuel efficiency of freight moving
						equipment.
(64) "
U.S. EPA
						SmartWay Verified Technology
" or "
U.S. EPA Smart-Way Verified
						Technologies
" means one or more aerodynamic technologies or
						low-rolling-resistance tire models that have been identified by the U.S. EPA as
						meeting the technical specifications and requirements of the U.S. EPA SmartWay
						Transport Partnership Program.