California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 3.7 - Heavy-Duty Vehicle Inspection and Maintenance Program › Section 2195.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				purposes of this HD I/M Regulation, the following definitions shall apply:
"Affirmation of Fleet Wide Compliance" means a document
				  issued to a fleet by the Executive Officer affirming that the vehicles within
				  the given fleet are compliant with the requirements of this HD I/M
				  Regulation.
"Aftermarket part" means a performance or add-on part issued
				  an Executive Order that exempts the part from the prohibitions of California
				  Vehicle Code section
				  27156.
"Aftermarket parts label" means a product information label
				  that is affixed to an aftermarket part that contains, at a minimum, the product
				  name as exempted, CARB Executive Order number, instruction for proper
				  installation, the manufacturer's name, and manufacturer's address.
"Agricultural vehicle" means a vehicle or truck-tractor
				  trailer combination owned or operated by a farming business and used
				  exclusively in agricultural operations to transport agricultural products to
				  the first point of processing and does not include vehicles that do not
				  directly support farming operations, such as personal use vehicles.
(1) First point of processing refers to the
				location where harvested crops, bees, fowl, fish, livestock, animals, or their
				products, such as wool, milk, or eggs, are first altered from their original
				state, or the first location where unaltered products are packaged and prepared
				for transportation.
(2) A first
				point of processing may include packinghouses, slaughterhouses, cotton gins,
				nut hullers/shellers and processors, dehydrators, lumber mills, feed and grain
				mills, and biomass facilities. For some crops, the first point of processing
				may be in the field, such as chipping wood.
(3) A first point of processing is not a
				location of the product's final use and does not include distribution centers,
				wholesale and retail sales locations where the first processing of a product
				does not occur, livestock auction houses, and subsequent locations where
				processing, canning, or similar activities occur after departing a first point
				of processing location.
"Alternative compliance verification terminal" means an
				  applicable freight facility that does not, as of January 1, 2022, have
				  automatic methods, including but not limited to Radio Frequency Identification
				  Devices (RFID) or Automatic License Plate Recognition (ALPR), to identify each
				  vehicle entering the facility.
"Alternative fuel" means natural gas, propane, ethanol,
				  methanol, or other non-diesel or non-gasoline fuel, and includes any of these
				  fuels used in combination with each other. For purposes of this HD I/M
				  Regulation, "alternative fuel" does not mean electricity, hydrogen, or other
				  zero tailpipe emissions fuel or technology.
"Alternative fuel retrofit system" or "retrofit system" is a
				  package of fuel storage and delivery, ignition, emission control, on board
				  diagnostic (OBD), and engine components that are modified, removed, or added
				  during the process of modifying a motor vehicle or engine to operate on an
				  alternative fuel.
"Applicable freight facility" is any of the following
				  facilities within California if one or more heavy-duty vehicles operate within
				  the legal property boundary of the facility:
(1) A seaport facility, as defined in this
				section; or
(2) An intermodal
				railyard, as defined in this section.
"Authorized emergency vehicle" means vehicles meeting one of
				  the following requirements:
(1)
				Authorized emergency vehicles as specified in California Vehicle Code section
				165.
(2) A publicly owned authorized emergency
				vehicle used by an emergency medical technician-paramedic, as defined in
				California Health and Safety Code section
				1797.84,
				only as necessary to ensure the ability to respond to emergencies.
"Broker" means any person that, 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 within California by motor carrier for compensation. A motor
				  carrier, or person who is an employee or bona fide agent of a 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.
"Calendar year" means January 1 to December 31 for a given
				  year.
"California registered vehicle" means a vehicle that is
				  required to register with the California DMV to legally operate in
				  California.
"CARB" means the California Air Resources Board.
"Citation" means a notice issued by the CARB alleging a
				  violation of the requirements of this HD I/M Regulation, which requires
				  submission of documentation and payment of a penalty as specified in section
				  2198.2(b).
"Class I Railroad" has the same meaning as defined in
				  49
				  U.S.C. §
											20102(1).
"Commercial purposes" means for the purposes of
				  transportation of materials, goods, commodities or persons for compensation,
				  hire, or profit.
"Compliance deadline" refers to the deadline by which a
				  vehicle shall demonstrate compliance with the requirements of this HD I/M
				  Regulation.
(1) "Annual compliance
				deadline" refers to the deadline once per compliance year for which a
				qualifying vehicle owner shall verify compliance pursuant to this HD I/M
				Regulation. The annual deadline is the final day of a vehicle's compliance
				year.
(2) "Semiannual compliance
				deadline" refers to the deadline twice per compliance year for which a vehicle
				owner shall verify compliance pursuant to this HD I/M Regulation. Semiannual
				deadlines occur on a vehicle's compliance year expiration day in months six and
				twelve of each compliance year with the deadline in month twelve being the
				final day of a vehicle's compliance year. If the semiannual compliance deadline
				would be a higher number than the total number of days in month six or twelve,
				the semiannual compliance deadline shall be the last day of that
				month.
(3) "Quarterly compliance
				deadline" refers to the deadline four times per compliance year for which a
				vehicle owner shall verify compliance pursuant to this HD I/M Regulation.
				Quarterly deadlines occur on a vehicle's compliance year expiration day in
				months three, six, nine, and twelve of each compliance year with the deadline
				in month twelve being the final day of a vehicle's compliance year. If the
				quarterly compliance deadline would be a higher number than the total number of
				days in any of the months three, six, nine, or twelve, the quarterly compliance
				deadline shall be the last day of that month.
"Compliance test" means the applicable test specified in
				  sections 2196.3 and 2196.4 required of a vehicle subject to this HD I/M
				  Regulation.
(1) If the compliance test
				performance date is different than its date of submission to the electronic
				reporting system, the Executive Officer shall deem the test performance date as
				the date of record.
"Compliance year" refers to the annual period for which a
				  vehicle's compliance fee applies. For California-registered vehicles, the start
				  and end date of every compliance year shall align with the day and month of a
				  vehicle's DMV registration expiration date. The month of a compliance year
				  refers to the month measured from the start of the compliance year. Thus, if
				  the compliance year start date is in June, month three of the compliance year
				  is September.
(1) The compliance year
				for a non-California registered vehicle and vehicles exempt from DMV
				registration shall be determined based on the vehicle's VIN. The compliance
				year shall begin and end on the last day of the month specified below based on
				the last number of a vehicle's VIN, as shown in the table below.
0
October
1
November
2
December
3
January
4
February
5
March
6
April
7
May
8
June
9
July
"Consumable chemical fuel" for purposes of this HD I/M
				  Regulation, means any solid, liquid, or gaseous matter, except hydrogen, that
				  releases energy when consumed by an auxiliary power unit.
"Continuously connected remote on-board diagnostic device" or
				  "CC-ROBD device": See definition for "remote on-board diagnostic
				  device."
"Data link connector" is a multi-pin diagnostic connection
				  port for vehicles, used to interface a testing device with the control modules
				  of a given vehicle and access on-board diagnostics and live data
				  streams.
"Defective" means a condition in which an emissions control
				  system or an emissions control system component is malfunctioning due to age,
				  wear, design defects, or causes other than tampering.
"Demonstration of Compliance" means the documents specified
				  in section 2198.2(f).
"Designee" means a person authorized by a vehicle or fleet
				  owner to electronically register for an account within the electronic reporting
				  system to update and maintain the account information as necessary.
"Driver" has the same meaning as defined in California
				  Vehicle Code section
				  305.
"Electronic reporting system" means CARB's online database
				  and reporting system to collect and store all compliance test results and other
				  pertinent regulatory information required as part of this HD I/M
				  Regulation.
"Emission control label" means the label required by the
				  "California Motor Vehicle Emission Control and Smog Index Label Specifications
				  For 1978 Through 2003 Model Year Motorcycles, Light-, Medium- and Heavy-Duty
				  Engines and Vehicles," as incorporated by reference in title 13, CCR section
				  1965,
				  as last amended on September 5, 2003, and as required by the "California
				  Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model
				  Heavy-Duty Diesel Engines and Vehicles," as incorporated by reference in title
				  13, CCR section
				  1956.8,
				  as last amended on April 18, 2019.
"Emissions control system" means the pollution control
				  components, connections, and associated mechanisms on an engine at the time its
				  engine family is certified, including the emission control label.
"Engine change" means the installation of an engine in a
				  vehicle that is different from the vehicle manufacturer original configuration
				  as certified by the United States Environmental Protection Agency (U.S. EPA) or
				  CARB.
"Executive Order (EO)" means a document issued by the
				  Executive Officer verifying that vehicles, engines, add-on components, and
				  other devices meet requirements in CARB regulations or in California
				  statute.
"Five-Day pass" means a once-a-year temporary pass, obtained
				  through the electronic reporting system from the Executive Officer, to operate
				  a vehicle in California for five consecutive calendar days without the
				  Executive Officer deeming the vehicle compliant with the HD I/M
				  Regulation.
"Fleet" means one (1) or more heavy-duty vehicles owned by
				  the same person, agency, business, or other entity.
"Fleet facility" means an area where a vehicle primarily
				  performs shipping or receiving operations, vehicle troubleshooting, repair,
				  testing, or vehicle storage.
"Fraudulent" means any false statement or representation in
				  any application, report, statement, or other document filed, maintained, or
				  used for the purposes of compliance with this HD I/M Regulation.
"Freight contractor" means any person, excluding a broker,
				  who enters into a contract with any party requiring the operation of a
				  heavy-duty vehicle within California. This includes a shipper, receiver,
				  carrier, or governmental agency as defined in this HD I/M Regulation, or any
				  other intermediary party.
"Governmental agency" means any federal, state, or local
				  government, including, public schools, water districts, or any other public
				  entity with taxing authority.
"Gross vehicle weight rating (GVWR)" is as defined in
				  California Vehicle Code section
				  350.
"HD I/M compliance certificate" means a certificate issued to
				  a vehicle owner by the Executive Officer, obtained after demonstrating
				  compliance with this HD I/M Regulation, confirming the vehicle can legally
				  operate in California.
"HD I/M Regulation" means sections 2195 through 2199 of this
				  Chapter.
"HD I/M tester" means a person who has a current and valid
				  CARB-issued HD I/M tester credential, as defined in section 2197.1.
"HD I/M tester credential" means the accreditation provided
				  by CARB to an individual trained in accordance with the requirements of section
				  2197.1 to conduct vehicle compliance testing such as ROBD inspections, smoke
				  opacity inspections, and vehicle emissions control equipment inspections
				  required by this HD I/M Regulation and submit vehicle inspection data to the
				  electronic reporting system based on the results of the inspection.
"Heavy-duty vehicle" means any motor vehicle having a
				  manufacturer's GVWR greater than 14,000 pounds.
"Heavy-duty zero-emission vehicle" means an on-road vehicle
				  with a manufacturer's GVWR greater than 14,000 pounds with a drivetrain that
				  produces zero exhaust emissions of any criteria pollutant (or precursor
				  pollutant) or greenhouse gas under any possible operational modes or
				  conditions.
"Hybrid vehicle" means a vehicle that includes energy storage
				  features (other than a conventional battery system or conventional flywheel) in
				  addition to an internal combustion engine using a consumable chemical
				  fuel.
"In-person field inspection" means any inspection conducted
				  in accordance with the procedures specified in this HD I/M Regulation at an
				  inspection site by a CARB inspector or peace officer.
"Inspection site" means an area including a random roadside
				  location, a weigh station, a fleet facility, or other similar site used for
				  conducting the heavy-duty vehicle test procedure, emissions control system
				  inspection, or both.
"Inspector" means a CARB employee or authorized agent with
				  the duty of enforcing Health and Safety Code section
				  44152.
"Intermodal railyard" means any transportation facility owned
				  or operated by a Class I Railroad that is primarily dedicated to the business
				  of intermodal rail operations where cargo is transferred to or from a train and
				  any other form of conveyance, such as train to ship, ship to train, train to
				  truck, or truck to train.
"Malfunction indicator light (MIL)" means the light
				  displaying the International Standards Organization (ISO) 2575 engine symbol
				  F01, consistent with subdivision (d) of section
				  1971.1,
				  title 13, CCR.
"Manufacturer" means any person who manufactures or assembles
				  an engine, vehicle, or piece of equipment for sale in California. It also means
				  the person who is granted certification for a certified engine, vehicle, or
				  equipment.
"Manufacturer original configuration" means an engine
				  configuration in which all parts and components are properly installed and in
				  place, in accordance with the requirements specified in the certification
				  application and the applicable engine family Executive Order.
"Motor carrier" means a registered owner, lessee, licensee,
				  or bailee of any vehicle, who operates or directs the operation of any such
				  vehicle on either a for-hire or not-for-hire basis.
"Motor home" means a single vehicular unit designed for human
				  habitation to provide temporary living quarters for recreational or emergency
				  occupancy and built on, or permanently attached to, a self-propelled motor
				  vehicle chassis, chassis cab, or van, which becomes an integral part of the
				  completed vehicle or a vehicle that exclusively tows a trailer that was
				  originally designed for human habitation for recreational or emergency
				  occupancy.
(1) A converted vehicle
				shall be considered a motor home if the vehicle has permanently installed at
				least four of the following facilities: cooking, refrigeration or ice box,
				self-contained toilet, heating or air conditioning, a portable water supply
				system including a faucet and sink, a separate 110- to 125-volt electrical
				power supply or liquid petroleum gas supply.
"New motor vehicle" means a motor vehicle, the equitable or
				  legal title to which has never been transferred to an ultimate purchaser in
				  accordance with Health and Safety Code section
				  39042.
"Non-continuously connected remote on-board diagnostic
				  device" or "NCC-ROBD device": See definition for "remote on-board diagnostic
				  device."
"Non-OBD-equipped vehicle" means any vehicle that does not
				  meet the definition of an OBD-equipped vehicle.
"Notice to Submit to Testing (NST)" means a notice requiring
				  demonstration of compliance, as specified in section 2198.2(a).
"On-Board Diagnostics (OBD) system" means any system
				  certified to meet the requirements of any of the following:
(1) Title 13, CCR, section
				1968.2;
(2) Title 13, CCR, section
				1971.1;
(3) Title 40, Code of Federal Regulations
				(CFR), section 86.010-18, as last amended on June 29, 2021; or
(4) Requirements equivalent to (1) through
				(3) of this definition.
"OBD-equipped vehicle" means a heavy-duty vehicle for the
				  following model years and fuel types equipped with an OBD system:
(1) Model year 2013 and newer diesel
				engines;
(2) Model year 2013 and
				newer diesel hybrid engines;
(3)
				Model year 2018 and newer alternative fuel engines; and
(4) Model year 2018 and newer alternative
				fuel hybrid engines.
"Officer" means a uniformed member of the Department of the
				  California Highway Patrol.
"Opacity" means the percentage of light obstructed from
				  passage through an exhaust smoke plume.
"Outstanding enforcement action" means any unresolved civil,
				  administrative, or criminal violation for which a notice was issued to a
				  vehicle or a fleet owner for non-compliance with any in-use heavy duty vehicle
				  requirements established by CARB.
"Owner" of a vehicle means the person or persons registered
				  as the owner or lessee of a vehicle by the California Department of Motor
				  Vehicles (DMV), or its equivalent in another state, province, or country;
				  vehicle ownership is based on the vehicle registration document or the vehicle
				  title, except as specified below:
(1)
				For vehicles that are owned by the federal government and not registered in any
				state or local jurisdiction, the owner shall be the department, agency, branch,
				or other entity of the United States, including the United States Postal
				Service, to which the vehicles in the fleet are assigned or which has
				responsibility for maintenance of the vehicles.
(2) For vehicles that are rented or leased
				from a business that is regularly engaged in the trade or business of renting
				or leasing motor vehicles without drivers, the owner shall be presumed to be
				the rental or leasing entity for purposes of compliance if:
(A) The rental or lease agreement for the
				vehicle is for a period of less than one year; or
(B) The rental or lease agreement for the
				vehicle is for a period of one year or longer, unless the terms of the rental
				or lease agreement or other equally reliable evidence identifies the party
				responsible for compliance with the HD I/M Regulation to be the renting
				operator or lessee of the vehicle.
(3) For the purpose of enforcement, if the
				rented or leased vehicle is inspected and cited for non-compliance with the HD
				I/M Regulation and neither the operator of the vehicle nor the rental or
				leasing entity can produce evidence of the party responsible for compliance,
				the owner shall be presumed to be both the rental or leasing entity and the
				renting operator or lessee of the vehicle.
(4) A financing company or a person that only
				provides financing to a third party in the form of "finance leases," as defined
				in California Uniform Commercial Code section
				10103(a)(7),
				is not considered to own the vehicles that are financed.
"Peace officer" means any law enforcement agencies'
				  authorized representative as defined in California Penal Code, title 3, chapter
				  4.5, sections 830 et seq.
"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.
"Provisional HD I/M compliance certificate" refers to a HD
				  I/M compliance certificate issued to a vehicle owner that indicates that the
				  applicable vehicle may be operated through the vehicle's next compliance
				  deadline without demonstrating full compliance with the requirements of the HD
				  I/M Regulation.
"Receiver" means a person or an entity that enters into a
				  contractual agreement with a shipper, broker, or intermediary party to receive
				  shipped goods, cargo, or commodities for the purpose of processing, packaging,
				  retail sale or wholesale. This does not include the receipt of any goods by the
				  final end-user or consumer.
"Referee" means an individual or entity authorized by CARB to
				  provide independent evaluations of vehicles, and services to accommodate
				  vehicles with inspection incompatibilities or compliance issues.
"Remote on-board diagnostic device" or "ROBD device" means an
				  OBD data collection and submission system certified to meet the California
				  Standards for Heavy-Duty Remote On-board Diagnostics Devices, adopted August
				  22, 2022 and hereby incorporated by reference.
(1) "Certified continuously connected remote
				OBD (CC-ROBD) device" means a ROBD device, which may be hard-wired into the
				vehicle wire harness or plugged into the vehicle and functions automatically
				without human interaction to perform the compliance test.
(2) "Certified non-continuously connected
				remote OBD (NCC-ROBD) device" means a plug-in ROBD device that requires human
				interaction to perform the compliance testing.
"Removal from service" means the towing and storage of a
				  vehicle under California Vehicle Code section
				  27159
				  and under the auspices of the California Highway Patrol.
"Rental or leasing company" means a business that rents or
				  leases vehicles.
"Renter" means a person who rents or operates vehicles,
				  engines, or equipment units not owned by that person.
"Repair facility" means any place where heavy-duty vehicles
				  are repaired, rebuilt, reconditioned, or in any way maintained for the public
				  at a fee, and fleet maintenance facilities.
"Roadside emissions monitoring device" means a
				  CARB-authorized system for remotely measuring exhaust emissions, downloading
				  OBD data, or collecting other information for identifying vehicles passing
				  through the system.
"SAE J1667" means 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.
"Seaport facility" means any non-military independent marine
				  terminal or any seaport where the seaport functions as a marine or seaport
				  terminal.
(1) "Independent marine
				terminal" means a marine terminal that operates independently from a seaport or
				seaport authority.
(2) "Seaport"
				means the property where marine or seaport terminals are typically located for
				the loading and unloading of water-borne commerce onto and from ocean-going
				vessels. For purposes of this HD I/M Regulation, seaport does not include
				seaport property that is not related to or primarily used to engage in
				water-borne commerce.
(3) "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 materials from vessel to shore
				or shore to vessel including structures which are devoted to receiving,
				handling, holding, consolidating, loading, or delivery of waterborne shipments
				or passengers, including areas devoted to the maintenance of the terminal or
				equipment. For the purposes of this HD I/M Regulation, the term includes
				production or manufacturing areas, warehouses, storage facilities, and private
				or public businesses or entities located on or surrounded by seaport
				property.
(4) "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 HD I/M Regulation, 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 usually owns
				  or supplies the commodities transported by a carrier, or that has possession of
				  freight prior to its transportation. This may include packing plants, storage
				  facilities, warehouses, and distribution centers.
"Smoke meter" means a detection device used to measure the
				  opacity of smoke in percent opacity.
"Smoke test" or "smoke opacity test" means a test of a
				  vehicle's emissions for smoke opacity level conducted using the procedures
				  specified in SAE J1667 Recommended Practice: Snap Acceleration Smoke Test
				  Procedure for Heavy-Duty Powered Vehicles.
"Tampered" means missing, modified, disconnected, or
				  improperly installed, or, as it applies to emission control labels, permanently
				  obscured in accordance with Vehicle Code section
				  27156
				  and Health and Safety Code section
				  43008.6.
"Temporary operating permit" means a permit issued by the
				  DMV, in accordance with California Vehicle Code section
				  4156.5,
				  which allows a motorist to operate a vehicle for a limited time when all
				  registration fees have been paid, but license plates or registration stickers
				  have not been issued.
"Test procedures" means the methods or actions required to
				  complete the tests specified in this HD I/M Regulation, for the purposes of
				  compliance verification.
"Tier 1, 2, or Tier 3 engine" means an off-road
				  compression-ignition engine certified to the applicable emission standards in
				  CCR, title 13, section
				  2423(b)(1)(A)
				  or section
				  2423(b)(2)(A).
"Tier 4 engine" means an off-road compression-ignition engine
				  certified to the interim or final Tier 4 emission standards in CCR, title 13,
				  section
				  2423(b)(1)(B)
				  or section
				  2423(b)(2)(B).
"Ultimate purchaser" means, with respect to any new motor
				  vehicle or new motor vehicle engine, the first person who in good faith
				  purchases a new motor vehicle or new motor vehicle engine for purposes other
				  than resale, as defined in Health and Safety Code section
				  39055.5.
"Unresolved citation" means a citation issued for violating
				  the requirements of this HD I/M Regulation for which acceptable demonstration
				  of compliance has not been provided or, if required, payment of all required
				  penalties has not been received.
"Vehicle identification number (VIN)" means an alpha numeric
				  code which has been permanently assigned by the manufacturer to a vehicle. The
				  VIN is unique to each vehicle and may contain information deemed necessary by
				  governing agencies. If a manufacturer cannot obtain a federal VIN from the
				  National Highway Traffic Safety Administration for their vehicles, an
				  alternative VIN approved by CARB may be used. Unless otherwise noted, the VIN
				  and alternative VIN will follow formats specified in the Code of Federal
				  Regulations 49, Chapter V, Parts 565, 566, and 571, on October 1, 2021, which
				  are incorporated herein by reference.
"Vendor" means any person who manufactures or applies for
				  certification for a ROBD device. It also means the person to whom CARB grants
				  certification for a certified ROBD device.
"Verified diesel emissions control strategy (VDECS)" means a
				  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, CCR,
				  commencing with section
				  2700.
				  Level 2 VDECS means the strategy or system reduces engine diesel particulate
				  matter emissions by 50 to 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.