California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 1 - Motor Vehicle Pollution Control Devices › Article 3.3 - Drayage Truck Requirements › Section 2014 - In-Use On-Road Heavy-Duty Drayage Trucks: Applicability, Definitions, and Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applicability. Beginning November 1, 2023, this article applies to owners and
				  operators of on-road heavy-duty drayage trucks that operate at California
				  seaports and intermodal railyards, drayage motor carriers and marine or seaport
				  terminals, intermodal railyards and railyard and seaport authorities that
				  operate in California.
(b)
				  Definitions. The following definitions apply to this article:
"Authorized dealer" means an independent sales, service, or
					 repair facility that is recognized by a motor vehicle manufacturer as a sales
					 representative or is both authorized by a motor vehicle manufacturer to perform
					 repairs on drayage trucks and is in fact capable of performing repairs needed
					 to maintain drayage trucks to factory specifications, including performing
					 warranty repair work.
"Beneficial cargo owner" means a cargo owner, the person or
					 entity on whose account the ocean or rail transportation is provided, the
					 person or entity to whom delivery is to be made, a shippers' association, or an
					 ocean or rail transportation intermediary that accepts responsibility for
					 payment of all applicable charges.
"Bill of lading" means a document that states the terms of
					 the contract between a shipper or consignor and a receiver or consignee. It
					 serves as a document of title of the goods shipped, a contract of carriage and
					 a receipt for goods.
"Broker" means any person who, as a principal or agent,
					 sells, offers for sale, negotiates for, or holds itself out by solicitation,
					 advertisement, or otherwise as selling, providing, or arranging for,
					 transportation by a drayage motor carrier for compensation. A drayage motor
					 carrier, or person who is an employee or bona fide agent of a drayage motor
					 carrier, is not a broker 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.
"CARB" means the California Air Resources Board.
"CARB Online System" means the system that drayage truck
					 owners or entities with common ownership or control of drayage trucks shall use
					 to report specified information regarding their drayage trucks to CARB. The
					 CARB Online System is the Truck Regulation Upload Compliance and Reporting
					 System (TRUCRS) and can be found on the CARB Advanced Clean Fleets website at
https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets
.
"Class I railroad" means a railroad that is defined as
					 Class I by the Surface Transportation Board.
"Common ownership or control" means being owned or managed
					 on a day-to-day basis by the same persons or entities. Vehicles managed by the
					 same directors, officers, or managers, or by distinct corporations that are
					 controlled by the same majority stockholders are under common ownership or
					 control, even if their titles are held by different business entities or they
					 have different taxpayer identification numbers. A vehicle is under an entity's
					 control if the vehicle is operated using that entity's state or federal
					 operating authority or other registration. Vehicles owned by different entities
					 but operated using common or shared resources to manage the day-to-day
					 operations using the same drayage motor carrier number, displaying the same
					 name or logo, or owned by contractors whose services are under the day-to-day
					 control of the hiring entity are under common ownership or control. Common
					 ownership or control of a federal government vehicle shall be the primary
					 responsibility of the governmental agency that is directly responsible for the
					 day-to-day operational control of the vehicle. Common ownership or control
					 includes relationships where the controlling party has the right to direct or
					 control the vehicle as to the details of when, where and how work is to be
					 performed or where expenses for operating the vehicle, such as fuel or
					 insurance, are shared. Common ownership or control does not include agreements
					 for individual loads that are competitively bid and issued to the lowest
					 qualifying bid.
"Concrete mixer" means a vehicle that has a permanently
					 affixed unit used to mix concrete or cement.
"Controlling party" means a drayage motor carrier, broker,
					 or entity who directs, or otherwise manages the day-to-day operation of one or
					 more drayage trucks under its common ownership or control to serve its
					 customers or clients.
"Declared emergency event" means the time period of an
					 emergency event declared or duly proclaimed by a local governing body, state
					 Governor, or the President of the United States during any of the conditions or
					 degrees of emergency described in California Government Code, section
					 8558.
"Dedicated auto transport" means a vehicle that has
					 permanently affixed equipment that is designed to move other motor vehicles
					 from one location to another.
"Dedicated fuel delivery vehicle" means a vehicle fixed
					 with a tank and pumping equipment, designed to deliver or supply fuel.
"Dedicated use vehicles" means uni-body vehicles that do
					 not have separate tractors and trailers or are vehicles using a power take-off
					 unit, including:
(A) Dedicated auto
				  transports;
(B) Dedicated fuel
				  delivery vehicles;
(C) Concrete
				  mixers;
(D) On-road mobile cranes;
				  and
(E) Vehicles that need power
				  take-off units to operate.
"Dispatch" means providing direction or instruction for
					 routing a vehicle, whether owned or under contract, to specified destinations
					 for specific purposes, including delivering or receiving cargo, property, or
					 goods, or providing a service.
"Drayage motor carrier" means any person or entity, or
					 broker, who contracts with a beneficial cargo owner, ship companies, seaport
					 terminals, intermodal railroads, or others for pick-up and delivery of goods in
					 California with a drayage truck owner, or who dispatches drayage trucks to
					 California seaports and/or intermodal railyards to pick up and/or deliver
					 goods.
"Drayage truck" means any in-use on-road vehicle with a
					 gross vehicle weight rating (GVWR) greater than 26,000 lbs. that is used for
					 transporting cargo, such as containerized, bulk, or break-bulk goods that
					 operates:
(A) On, or transgresses
				  through, California seaport or intermodal railyard property to load, unload, or
				  transport cargo, including empty containers and chassis; or
(B) Off seaport or intermodal railyard
				  property to transport cargo or empty containers or chassis that originated from
				  or is destined for a seaport or intermodal railyard property.
Drayage trucks are not:
(A) Vehicles operating off of seaport or
				  intermodal railyard properties and transporting cargo that originated from a
				  seaport or intermodal railyard property but was off-loaded from the equipment
				  (e.g., a trailer or container) that transported the cargo from the originating
				  seaport or intermodal railyard; or
(B) Vehicles operating off of seaport or
				  intermodal railyard properties and transporting cargo destined for a seaport or
				  intermodal railyard but that will be subsequently transferred into or onto
				  different equipment (e.g., a trailer or container) before being delivered to a
				  seaport or intermodal railyard.
"Drayage truck identification number" means a unique
					 identifier issued to the owner of a drayage truck upon registering in the CARB
					 Online System that corresponds to the drayage truck registered.
"Drayage truck operator" means the driver of a drayage
					 truck or any person, party or entity who controls the operation of a drayage
					 truck at a California seaport or intermodal railyard facility.
"Drayage truck owner" means:
(A) The person registered as the owner of a
				  drayage truck as indicated by the Department of Motor Vehicles (DMV), or its
				  equivalent in another state, province, or country; or the International
				  Registration Plan; or
(B) The lessee
				  of the truck, as indicated on the drayage truck's registration pursuant to
				  California Vehicle Code (CVC) section
				  4453.5.
"Emergency operation" means operation of an emergency
					 support vehicle to help alleviate an immediate threat to public health or
					 safety in response to a declared emergency event. Emergency operation includes
					 emergency support vehicle travel to and from a declared emergency event when
					 dispatched by a local, state, federal, or other responsible emergency
					 management agency. Routine operation to prevent public health risks does not
					 constitute emergency operation.
"Executive Officer" means the Executive Officer of the
					 California Air Resources Board or their delegated representative.
"Governmental agency" means any federal, state, or local
					 public agency, or any other public entity with taxing authority.
"Gross vehicle weight rating" or "GVWR" means the same as
					 CVC section
					 350, as indicated by the
					 characters in the four through eight positions in a standard 17-character
					 Vehicle Identification Number (VIN).
"Heavy-duty" means a manufacturer's GVWR of greater than
					 26,000 lbs.
"Hubodometer" means a non-resettable device mounted on the
					 axle of a vehicle that measures distance traveled that has a serial number and
					 a lock-out feature that permanently prevents tampering.
"Intermodal railyard" means a facility owned or operated by
					 a Class I Railroad that receives both drayage trucks and locomotives.
"Internal combustion engine" means a powertrain powered by
					 gasoline, diesel, natural gas, propane, or other fuel where the sole source of
					 power is from the combustion of the on-board fuel to provide motive
					 power.
"International registration plan" means a registration
					 reciprocity agreement among states of the United States and provinces of Canada
					 providing for payment of license fees on the basis of total distance operated
					 in all jurisdictions.
"Legacy drayage truck" means a non-zero-emission drayage
					 truck with a 2010 or newer engine model year that was registered in the CARB
					 Online System on or before December 31, 2023.
"Lessee" has the same meaning as in CVC section
					 371.
"Manufacturer" means any entity or person who manufactures
					 or assembles on-road motor vehicles, or imports such on-road motor vehicles for
					 resale, or who acts for and is under the control of any such person in
					 connection with the distribution of new motor vehicles, but shall not include
					 any dealer with respect to new motor vehicles received in commerce. In general,
					 the term "manufacturer" includes any entity or person who manufactures or
					 assembles an on-road vehicle, a cab and chassis, or other incomplete on-road
					 vehicle for sale in California, or otherwise introduces a new on-road motor
					 vehicle into commerce in California. "Manufacturer" also includes any
					 intermediate- or final-stage manufacturer that completes vehicle assembly prior
					 to the first purchase of the vehicle other than for resale. "Manufacturer" does
					 not include entities or persons who supply parts to the importer or vehicle
					 manufacturer of record.
"Marine or seaport terminals" means wharves, bulkheads,
					 quays, piers, docks and other berthing locations and adjacent storage or
					 adjacent areas and structures associated with the primary movement of cargo or
					 goods from vessel to shore or shore to vessel, including structures that are
					 devoted to receiving, handling, holding, consolidating and loading or delivery
					 of waterborne shipments or passengers, including areas devoted to the
					 maintenance of the terminal or equipment. For the purposes of this article, the
					 term includes but is not limited to production or manufacturing areas,
					 warehouses, storage facilities and private or public businesses or entities
					 located on or surrounded by seaport property.
"Military tactical vehicles" are defined in title 13,
					 California Code of Regulations (CCR), section
					 title 13,
					 California Code of Regulations (CCR), section
					 1905.
"Minimum useful life" means the minimum time period a
					 vehicle may remain in the CARB Online System as a drayage truck. It is the
					 later of the dates specified in subsection (A) or (B) below, as modified by
					 subsection (C):
(A) Thirteen years
				  commencing from the model year that the engine and emissions control system in
				  a vehicle was first certified for use by CARB or United States Environmental
				  Protection Agency (U.S. EPA); or
(B) The date that the vehicle exceeded
				  800,000 vehicle miles traveled or 18 years from the model year that the engine
				  and emissions control system of that vehicle was first certified for use by
				  CARB or U.S. EPA (whichever is earlier).
(C) If the vehicle no longer has its
				  originally equipped engine, or the model year of the originally equipped engine
				  is not able to be determined, the model year of the vehicle less one year must
				  be used to determine when the thresholds described in subsections (A) and (B)
				  above are met.
"Mobile crane" means an on-road crane that can hoist, lower
					 and horizontally move a suspended load.
"Model year" means the production period as assigned by the
					 manufacturer when certifying an engine or vehicle for sale, pursuant to title
					 17, CCR, section
					 95662(a)(16).
"Motor vehicle" means the same as defined in CVC section
					 415.
"Notice to proceed" means a written direction to a vehicle
					 manufacturer or entity that converts vehicles to zero-emission vehicles to
					 commence production or conversion of a vehicle as provided in a
					 contract.
"On-road" means a vehicle that is designed to be driven on
					 public highways and roadways and that is registered or is capable of being
					 registered by the DMV under CVC section
					 4000 et seq. or DMV's equivalent
					 in another state, province, or country; or the International Registration Plan.
					 A vehicle covered under CARB's In-Use Off-Road regulations commencing with
					 title 13, CCR, section
					 2449, is not an on-road
					 vehicle.
"Power take-off unit" means the same as defined in title
					 13, CCR, section
					 1968.2.
"Railyard authority" means an entity, either public or
					 private, who is responsible for the operation of an intermodal railyard.
"Railyard property" means the property constituting the
					 physical boundaries of an intermodal railyard. For the purposes of this
					 article, "railyard property" also includes privately owned property located
					 within intermodal railyard boundaries.
"Receiver" means the person, party, or entity who receives
					 shipped goods, cargo, or commodities.
"Repower" means to replace an older engine with a newer
					 model engine.
"Responsible official" means one of the following:
(A) For a corporation: A president, chief
				  executive officer, chief financial officer, secretary, treasurer, or vice
				  president of the corporation in charge of a principal business function, or a
				  delegate, designee, or any other person who performs similar policy or
				  decision-making functions for the corporation.
(B) For a partnership or sole proprietorship:
				  A general partner or the proprietor, the delegate or designee of the
				  aforementioned, or any other person who performs similar policy or
				  decision-making functions for the business, or the chief executive officer, or
				  the chief financial officer.
(C)
				  For a municipality, state, federal, or other governmental agency: Either a
				  principal executive officer or ranking elected official. For the purposes of
				  this article, a principal executive officer of a federal agency includes the
				  chief executive officer having responsibility for the overall operations of a
				  principal geographic unit of the agency (e.g., a Regional Administrator of the
				  U.S. EPA). For the purposes of the Department of Defense Military Services, a
				  principal executive officer includes a commanding officer of an installation,
				  base, or tenant organization.
"SAE J1667" means SAE Recommended Practice SAE J1667
					 "Society of Automotive Engineers (SAE) J1667 Recommended Practice Snap
					 Acceleration Smoke Test Procedure for Heavy-Duty Powered Vehicles," as issued
					 February 1996, which is incorporated herein by reference.
"Seaport" means the property where marine and seaport
					 terminals are located for the loading and unloading of water-borne commerce
					 onto and from ocean-going vessels. For purposes of this article, "seaport" does
					 not include seaport property that is not primarily used to engage in
					 water-borne commerce.
"Seaport authority" means an entity, either public or
					 private, who is responsible for the operation of a seaport.
"Seaport property" means publicly or privately owned
					 property where a seaport is located. It is the property that includes the
					 physical boundaries, either contiguous or non-contiguous, of the seaport and
					 may include other properties owned by the seaport. For the purposes of this
					 article, "seaport property" includes privately owned property located within a
					 publicly or privately owned seaport property's boundaries.
"Shipper" means the person, party, or entity who owns or
					 supplies the commodities shipped by a drayage motor carrier.
"Shipping paper" means a shipping order, bill of lading,
					 manifest or other shipping document.
"Smoke opacity test" means a test of a vehicle's emissions
					 for smoke opacity level conducted using the procedures specified in "Society of
					 Automotive Engineers (SAE) J1667 Recommended Practice Snap Acceleration Smoke
					 Test Procedure for Heavy-Duty Powered Vehicles."
"Vehicle" is as defined in CVC section
					 670.
"Vehicle Identification Number" or "VIN" means an
					 alphanumeric code that has been permanently assigned by the manufacturer to a
					 vehicle.
"Vehicle purchase" or "purchase" means an action wherein a
					 drayage truck owner or controlling party has placed an order to acquire the
					 legal or equitable title to a zero-emission vehicle or to convert a legacy
					 drayage truck to zero-emission vehicle; or entered into a lease agreement with
					 a contract term of one year or more. The action taken must be for immediate
					 delivery or installation and the purchaser must have already paid for or
					 entered into a binding agreement with an authorized dealer, entity who converts
					 vehicles to zero-emission vehicles, third party, or manufacturer to pay for the
					 vehicle or conversion. A vehicle purchase includes when the drayage truck owner
					 has executed any one of the following:
(A) Identified, committed and encumbered
				  funds and executed a written notice to proceed to a manufacturer, authorized
				  dealer, or entity who converts vehicles to zero-emission vehicles to begin
				  production of the vehicle either:
1. Under a
				  previously entered purchase contract, or
2. To execute a contract option;
(B) A written purchase agreement
				  between a drayage truck owner or controlling party and the manufacturer,
				  authorized dealer, or entity who converts vehicles to zero-emission vehicles
				  that specifies the date when the work to manufacture or convert the vehicle is
				  to proceed;
(C) A written purchase
				  agreement between a drayage truck owner or controlling party and another party
				  for the purchase and immediate delivery of a used vehicle; or
(D) A signed, written lease agreement between
				  a drayage truck owner and the manufacturer or authorized dealer for a new
				  vehicle to be placed in service for a contract term of one year or
				  more.
"Weight class" means the category of a vehicle's GVWR as
					 specified below:
(A) "Class 7" means an
				  on-road vehicle with a GVWR greater than 26,000 lbs. and less than or equal to
				  33,000 lbs.
(B) "Class 8" means an
				  on-road vehicle with a GVWR greater than 33,000 lbs.
"Zero-emission powertrain" has the same definition as title
					 13, CCR, section
					 1956.8(j)(27).
"Zero-emission vehicle" means an on-road vehicle with a
					 zero-emission powertrain that produces zero exhaust emissions of any criteria
					 pollutant (or precursor pollutant) or greenhouse gas under any possible
					 operational modes or conditions.
"Zero-emission vehicle fueling infrastructure" means a
					 fueling system that provides the appropriate fuel type to power a zero-emission
					 vehicle (e.g., electric charging infrastructure or cryogenic fueling tank and
					 dispenser).